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01242007
QiY OF ~~r HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 24, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY REINSPECTED /N 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 PATERNOSTER 3. INVOCATION BY FATHER JOHN MORRISSEY, ST. SEBASTIAN CATHOLIC CHURCH AND READING BY MAYOR BURKEEN IN TRIBUTE TO RICHARD SMITH, CITY BOARD MEMBER AND VOLUNTEER 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of Clty Council members (R-05-26) 6. VACANT COUNCIL SEAT (Requested by Mavor Burkeen) 07.020 A. Reconsider Filling Vacancy (e-mail) ~ B. Open For Nominations C. Approve By Majority Vote Of Council 7. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 07.021 A. Presentation of FEMA National Flood Insurance Program Community Rating 2 System Award Resulting in Homeowners Flood Insurance Savings (letter) 07.034 B. Proclamation -Step Up Florida 2007 07.035 C. Special District Overlay Presentation by Growth Management Director Rebecca Grohall, AICP 07.036 D. Sebastian River Area Chamber of Commerce Presentation - "State of the Chamber, 2006/2007" 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 5-18 A. Approval of Minutes -1/10/07 Regular Meeting 07.022 B. Approve Chamber of Commerce and SPOA Candidate Forums & Broadcast (City 1s-21 Clerk Transmittal, 2006 Minutes Excerpt) 07.016 C. Resolution No. R-07-02 Opposing the Ocean Concrete Plant (under separate cover) 07.023 E. Elks Club Temporary Use Permit Fee Waiver (City Manager Transmittal 1/17/07, Code) 23-29 07.024 F. FEC Railroad -Rehabilitation of Schumann Drive Crossing -Appropriate $30,596 from 31-37 General Fund and Approve Payment (PW Transmittal, FEC Letter) 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.002 A. Planning & Zoning Commission 39-51 (City Clerk Transmittal, Letter, Application, Ad, List) i. Interview Unless Waived, Submit Nominations to Fill One Regular Member Position 10. PUBLIC HEARING -None 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 12. OLD BUSINESS A. Damien Gilliams Issues (Requested by Mayor Burkeen) 07.025 i. Paradise Marina Site Plan -Discussion of Procedure (Letter, E-mail) 53-55 57-so ii. Revoked Electrical Permits (Electrical Permit, Past Permits for Docks, Building Official Letter Revoking Permits, R-97-27) 07.026 B. Open Discussion on Captain Hiram's Site Plan Revision (Requested by Mayor 81-103 Burkeen) (E-Mail, Memo, Staff Report, P & Z Minutes) 06.096 C. Rank Special Magistrate Candidates and Determine Interview Process (HR Memo with 105-130 Resumes and/or Letters of Interest for Top Six) 07.027 D. Chamber of Commerce Insurance (Transmittal, Insurance Estimates from PRIA) 131-133 07.014 E. Approve CDM Twin Ditches Stormwater Retrofit Project Contract (City Engineer 135-140 Transmittal, CDM Letter, Proposed Agreement) 07.028 F. Approve CDM Middle Stonecrop Stormwater Retrofit Project Contract (City 141-147 Engineer Transmittal, CDM Letter, Proposed Agreement) 2 07.029 G. Approve CDM Collier Canal Seawall Assessment and Design Project Contract 149-158 (City Engineer Transmittal, CDM Letter, Proposed Agreement) 13. NEW BUSINESS 07.030 A. Steve Phillipson Lease Amendment (City Attorney Transmittal, Amendment) 159-163 06.192 B. First Reading of Ordinance No. 0-07-01 -Petition for Voluntary Annexation by 165-173 Vero Mini Storage, LLC fora 3.87 Acre Parcel of Land Located at 9707 US 1 (GMD Transmittal, 0-07-01, Letter, Map, FS171.044, Survey) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 06.192 C. First Reading of Ordinance No. 0-07-02 -Land Use Amendment fora 3.87 Acre 175-195 Parcel of Land Located at 9707 US 1 (GMD Transmittal, 0-07-02, Map, Report, P & Z 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 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 06.192 C. First Reading of Ordinance No. 0-07-03 -Zoning Amendment fora 3.87 Acre 197-216 Parcel of Land Located at 9707 US 1 (GMD Transmittal 0-07-03, Map, Report, P & Z 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 GENERAL COMMERCIAL (CG) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 06.158 D. First Reading of Ordinance No. 0-07-05 - 100-Foot Buffer, Set Public Hearing for 217-220 2/14/07 (City Attorney Transmittal, 0-07-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE TO CREATE SECTION 54-3-11.10 ST. SEBASTIAN RIVER UPLAND BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 07.005 A. Announce City Council "Gang" Workshop Date -January 31, 2007 - 6:00 p.m. 3 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Ms. Cov i. Civility and Decorum at Public Meetings B. Mr. Paternoster 07.019 i. Amendment 6 to Florida Constitution to Increase Maximum Additional 221-228 Homestead for Low Income Seniors from $25,000 to $50,000 -Effective January 1, 2007 (Vote Smart Summary, 0-04-02, S6452) C. Mr. Neglia 07.031 i. Report on Treasure Coast Regional League of Cities -Place Interlocal 22s-23s Agreement on February 14, 2007 Meeting for Adoption (TCLoC Material) D. Mayor Burkeen 07.032 i. Discussion of City Manager's Contract (Contract) 241-248 07.033 ii. Discussion of City Attorney's Contract (Contract) 249-260 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majo-ity vote of City Council) Procedures for Quasi-Judicial Hearing -Mayor opens hearing -City councilmembers disclose ex-pane communication -Applicant or agent makes presentation in favor of request following swearing in by City Clerk -Staff presents findings and analysis following swearing in by City Clerk -Council asks questions of the applicant and staff -Mayor opens the floor for anyone in favor of the request (anyone presenting factual information shall be sworn but anyone merely advocating approval need not be sworn in) -Mayor opens the floor for anyone opposing the request Applicant provided opportunity to respond to issues raised by staff or public -Staff provided opportunity to summarize request -City Council deliberation and questions -Mayor calls for a motion -City Council Action HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TEST/MONYAND 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 /N ADVANCE OF THIS MEETING. 4 Uacomins~ meetinsrs: February 14, 2007 - 7:00 p.m. -Regular Council Meeting February 28, 2007 - 7:00 p.m. -Regular Council Meeting March 14, 2007 - 7:00 p.m. -Regular Council Meeting March 19, 2007 - 6:00 pm Special City Council Meeting March 28, 2007 - 7.•00 p.m. -Regular Council Meeting April 11, 2007 - 7:00 p.m. -Regular Council Meeting April 25, 2007 - 7:00 p.m. -Regular Council Meeting May 9, 2007 - 7:00 p.m. -Regular Council Meeting May 23, 2007 - 7:00 p.m. -Regular Council Meeting June 13, 2007 - 7:00 p.m. -Regular Council Meeting June 27, 2007 - 7:00 p.m. -Regular Council Meeting 5 ra~~lvli Sally Maio From: Brian Burkeen Sent: Thursday, January 18, 2007 11:51 AM To: Alfred Minner; Sally Maio Subject: Agenda items Al, In regards to the last email add Paradise Marina discussion of procedure to the agenda, also, Mr. Gilliams is having an issue with a revoked building permit for his docks and I believe we need to discuss this on the agenda unless you can resolve it and for back up add the electrical permit and past permits issued for the docks as well as the letter from Wayne regarding the revokation of the permit, and finally I would like to have an open discussion with council regarding th P&Z meeting where Captain Hirams received the vote to proceed without completeing the requirements of the last site plan. The back up to this should be the minutes of the P&Z meeting. These need to be added for discussion to the agenda unless you have a resolution that I am not aware of. Also I have spoken to Rich on the procedure to bring Nate McCollum back for this meeting. This would need to be added to the beginning to fill the vacant council seat, open for nominations and approve by majority vote. With that being the intention sally would you see that Mr. McCollum receives and agenda packet prior to the meeting. Thanks, Brian Burkeen O 1 /18/2007 U.S. Department of Homeland Security Region IV 3003 Chamblee Tucker Road Atlanta, Ga 30341 04'4~1F.6 x 4~ FEMA ~t'gND StiGJ December 11, 2006 Mr. Brian Burkeen Mayor, City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: CONGRATULATIONS -COMMUNITY RATING SYSTEM Dear Mr. Burkeen: As a participant in the National Flood Insurance Program (NFIP), your community made a decision several years ago to participate in the NFIP's Community Rating System (CRS). As a result of your community's outstanding performance, flood insurance policyholders within your jurisdiction are afforded a reduced premium on their policies. As a token of our appreciation for your community's efforts to reduce loss of lives and mitigate property damage caused by flooding and by developing activities that go above and beyond the minimum standards of the NFIP, we are pleased to present to you this plaque acknowledging your successes in the CRS. All of us at the Federal Emergency Management Agency and, in particular Region IV, congratulate you for your accomplishment. In the years to come, we hope that you and your community will aim even higher and pursue additional avenues to raise your CRS rating. Please give us a call at (770) 220- 5400 if we can be of assistance. Sincerely, Brad G. Loar, Acting Director Mitigation Division Enclosure ~,' °, p. ~` ~w ~~ ww w fema.gov CRY l7F a ~ ~`,~, _ HOME OF PELICAN 15LAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 10, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Council Member Neglia. 3. There was a moment of silence. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin City Engineer, Dave Fisher Finance Director, Shai Francis Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Human Resources Director, Debra Krueger Interim Public Works Director, Jerry Converse Stormwater Superindent, Tim Walker Parks Superintendent, Chris McCarthy Police Chief, Jim Davis MIS Systems Analyst, Barbara Brooke MIS Systems Analyst, Barry Siepmann (~' Regular City Council Meeting January 10, 2007 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) Mayor Burkeen requested that the item on Ocean Concrete under the City Manager's matters be moved to item 10A. Ms. Coy said she was concerned about all the old business that needs to be addressed but then following a show of hands of people in the audience present to discuss the issue she agreed it should be moved up. On MOTION by Mr. Neglia and Ms. Coy the item was moved as requested by Mayor Burkeen on a voice vote of 4-0. 6. PROCLAMATIONS, ANNOUNCEMENTS PRESENTATIONS 06.062 A. Certificates of Appreciation to Charter Review Committee Members Barbara Beck, Charles Cardinale, Maureen Cummings Adrina Davis Linda DeSanctis, Dan Dragonetti, Harry Enderlein Mary McGee Jim Morrison John Oakes, Dennis Powers, Corey Richter Richard Smith (Chair) Ruth Sullivan (Vice Chair and Acting Chair), Rick Villars Mayor Burkeen presented certificates of appreciation to all members of the Charter Review Committee who were in attendance and congratulated them on the their service to the City. 07.001 B. Certificate of Appreciation to Kevin Miller -Parks and Recreation Advisory Committee Kevin Miller was not in attendance. 07.002 C. Certificate of Appreciation to John Oakes -Planning & Zoning Commission Mayor Burkeen presented a certificate of appreciation to John Oakes for his service. 07.003 D. Employee of the Year 2006 -Officer Tom Poore Officer Poore was not in attendance to receive the recognition. 07.004 E. Introduction of Margie Reynolds. City of Sebastian Environmental Planner The City Manager introduced Margie Reynolds, the new Environmental Planner. 2 Regular City Council Meeting January 10, 2007 Page Three 07.005 F. Gang Activity Report -Police Chief Jim Davis (No Backup) Chief Davis presented a report on recent gang activity noting that the Police Department is taking apro-active stance. He presented state legislation entitled "Criminal Street Gang Prevention Act of 1996", stated the department will take a no tolerance stance and invited the public to contact the department with any concerns. Ms. Coy inquired whether a citizen workshop would be helpful to gather ideas from the community and schools. Mr. Neglia agreed. In response to Mr. Paternoster, the Chief said he had no indication that the group is related to a parent organization. He said any activity would result in enhanced prosecution if it was proved to be gang related. It was the consensus of Council to hold a workshop or town hall meeting and the City Manager was directed to meet with the Chief and come back with a schedule. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-41 A. Approval of Minutes - 11/08/06 Regular Meeting 43-54 B. Approval of Minutes - 12/13/06 Regular Meeting 07.006 C. Resolution No. R-07-01 -Support for Florida League of Cities Legislative Priorities (City 55-60 Clerk Transmittal, R-07-01, FLC Letter 12/21/06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2007 LEGISLATIVE SESSION. 07.007 D. Authorize Council Registration to IRCC State Attorney's Class The Sunshine Law, 61-63 January 31, 2007 at Fort Pierce Campus (Invitation from State Attorney, Info) 07.008 E. Authorize Purchase of One 2007 Chevy Impala from Alan Jay Automotive Network in the 65-70 Amount of $18,963 Under Terms and Conditions of Florida Sheriffs' Association Statewide Bid (FSA Bid Documents) 07.009 F. Waive Bid Procedure and Purchase Five Scoreboards for Barber Street Sports Complex 71-79 Under Piggyback form Pinellas School Bid #07-805-529-RN from Electro Mech Scoreboard in Wrightsville, GA in the Amount of $19,662 (Parks Transmittal, Three Quotes, Pictures, References) ~~ ~. Regular City Council Meeting January 10, 2007 Page Four 07.010 G. Award Bid for Annual Concrete to Jack Regan (City Manager Transmittal 1/3/07, Bid 81-100 Proposals, Proposed Annual Contract) 06.187 H. Waive Formal Bid Procedures and Purchase Automated Weather Observing System 101-154 (AWOS) from Potomac Aviation Technology Corp. in the Amount of $68,000 (Airport Director Transmittal, Information) 07.011 I. Approve Alcoholic Beverage for Costanza Wedding Reception at Community Center - 155-159 March 24, 2007 -Noon to 4 pm -Age Verified (Parks Transmittal, Rental Permit Application, Receipt) Mr. Neglia removed items C, F, G and H. On MOTION by Ms. Coy and SECOND by Mr. Neglia items A, B, D, E, and I were approved on a roll call vote of 4-0. Item C - R-07-01 Mr. Neglia said he would like to have this sent to Sebastian's legislative representatives. On MOTION by Mr. Neglia and SECOND by Ms. Coy, item C was approved as presented on a roll call vote of 4-0. Item F -Scoreboards In response to Mr. Neglia, the City Manager said City staff would install the scoreboards. On MOTION by Mr. Neglia and SECOND by Mayor Burkeen, item F was approved as presented on a roll call vote of 4-0. Item G -Regan Concrete Mr. Neglia provided information for the benefit of the public regarding the unit prices, noting the form and pour only went up only by ten cents and fifteen cents and the sidewalk prep charge had gone down. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, item G was approved as presented on a roll call vote of 4-0. Item H - AWOS The Airport Director responded to questions and comments of Council regarding the function of the system and the need for it to alleviate safety concerns. 0 4 Regular City Council Meeting January 10, 2007 Page Four Mayor Burkeen said he was concerned with using sole source and recommended items instead be bid out. The Airport Director said he had prepared a bid package if Council is inclined to direct him to do so. On MOTION by Mr. Paternoster and SECOND by Ms. Coy, item H was approved as presented on a roll call vote of 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 07.012 A. Construction Board 161-170 i. Fill Unexpired Alternate Position with Term to Expire 9/30/2007(City Clerk Transmittal, One Application, Ad, Board Member List) On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, Kerri Lanning was appointed to the alternate position on a voice vote of 4-0. 9. PUBLIC HEARING Quasitiludicial Procedures on Back of Agenda 06.165 A. Quasi-Judicial Public Hearing Resolution No. R-06-24 Bristol Lakes Preliminarx 171-182 Plat Approval -Tabled at 11/8/06 Meeting~GMD Transmittal w/ list of additional information provided, Previous Backup is in Separate Book from 11/8/06 agenda) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS BRISTOL LAKES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 7:35 p.m., there was no disclosure of ex-parte communication, and the City Clerk swore in all who intended to offer factual testimony. Growth Management staff presented its findings and analysis and reviewed revisions since the last hearing in response to concerns to several issues expressed at that time (Prior backup is included in the 11/8/06 agenda packet in Laserfiche and new backup is included in the 1/10/07 agenda packet in Laserfiche). The City Attorney advised that all evidence presented on November 8, 2006 would be part of the record for this hearing. Joe Schulke, represented applicant Richard Jones Construction, citing the intersection analysis that was conducted in regard to the location of the entryway across from that of Park Place in accordance with Code requirements, noting the traffic consultant was here if necessary to respond to questions, stated the City Engineer has stated that the location it is consistent with State guidelines. He said the Fire Department has provided written confirmation which has been included in the packet, and discussed the additional buffering of the pool area which will be a six foot wall and a six foot shadowbox fence and landscaping which he hoped Council would find adequate. ~, ~~ Regular City Council Meeting January 10, 2007 Page Six Mr. Neglia asked if the shadowbox fence will be wood or vinyl and said his preference is vinyl. Ms. King said there was a meeting with citizens with citizens of Palm Lake Club and they prefer vinyl. Mr. Schulke said he would ask his client about the vinyl and noted that the fence will be along the entire north property line. Mr. Neglia asked about school concurrency and asked if anything is planned for this. Mr. Schulke said he did not know how many children there will be and that Indian River County has not yet adopted the school concurrency issue. Mayor Burkeen noted there is still a split rail fence in the plan and Mr. Schulke said it has been addressed in the minutes and is committed to. Mr. Schulke said they are creating a larger wetland adjacent to a pond than is what is there now. Mayor Burkeen said there are concerns of Palm Lake Club residents about the pool location. Louise Kautenberg, Sebastian, said this type of housing is less expensive than freestanding housing and we are in need of affordable housing and encouraged approval. Pierre Paquette said he is not concerned about legality and knows Jan King well and that she will make sure that everything is legal, but asked is it right to put the pool where it is proposed. He suggested moving the pool 100 feet east where there are no adjacent homes. Tom Petrillo, Aldea Drive, said this neighborhood is single family homes and Council is going to put in a maze of traffic noting the count was taken in November, the school population will be horrendous, that the site does not fit the neighborhood, and said he was totally against it. Bruce Barkett, representing the applicant, said his client has gone above and beyond what is required in the Code, and said it is his client's decision how it wants to market the property in relation to the location of the pool. He said traffic counts were conducted in November but there is a system built into the count to account for seasonal increases. There was no further staff summation. Ms. Coy said when a project comes to Council with no requests for waivers and they meet the codes and ordinances Council has no choice but to approve it. She noted they honored some of the requests that were made, and school concurrency is under another authority. Mayor Burkeen said he understands property rights and this project has met requirements but to place a pool within 30 feet of someone's door is asking for trouble. The City Attorney said location of the pool is a site plan issue and had been addressed by Planning and Zoning with no question. f~ 6 Regular City Council Meeting January 10, 2007 Page Seven On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, Resolution No. R-06=24 Bristol Lakes Preliminary Plat was approved on a roll call vote of 4-0. Mr. Paternoster questioned whether the motion included the vinyl fence and it was noted the commitment to vinyl fence was on the record. Mayor Burkeen called recess at 8:06 p.m. and reconvened the meeting at 8:15 p.m. All members were present. 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 07.016 A. Ocean Concrete Report (No Backup The City Manager opened up the item on Ocean Concrete, noting this is not a City issue because of its location, but is an issue that affects the City residents. He said staff has been and will be working closely with County planning staff, that there is an appeal process for staff review items, and if granted will go before County planning board. He said the Growth Management Director has been in touch with County planning staff and the City will be working with the staff on an appeal, and encouraged all residents with concerns to contact County staff. Rex Nelson, 710 Fischer Circle, Sebastian, read a prepared statement into the record objecting to the proposed concrete plant due to its proximity to homes, parks, and environmentally sensitive land and appealed to the Council to make a strong statement to Indian River County about its concerns (see letter attached). He requested an objection letter or resolution be sent to the County. The following City residents objected to the plant: Ray Halloran, 754 South Fischer Circle Paul Kroy, 749 South Fischer Circle Don Wright, 720 South Fischer Circle (see silica information provided by Mr. Wright) Ruth Sullivan, Indian River Drive In response to Mayor Burkeen many people in the audience raised their hands in support of a resolution to oppose the concrete plant. Todd Klitinic, Sebastian, said we need to bring jobs into the community and Mayor Burkeen said at what cost do we want to bring in industry. Lisanne Monier, Sebastian, said this was a campaign issue that came up last year and was put on the back burner, that this was a high tech industry and if the City is going to fight it on a safety basis it may lose the battle. Regular City Council Meeting January 10, 2007 Page Eight Don Gleason, Sebastian, said according to the Chamber of Commerce this would produce about 20 jobs, noise will be a factor for adjacent property owners, fines are being levied against the plant owners for improper location of palm trees, said he and his wife are adamantly opposed. John Oakes, 593 Birch Court, said adverse effects on property values, and recommended the County should look in Vero Beach for property for the plant. Norma Cox, River Run, asked if this is such a state of the art facility where are there other state of the art facilities like this one proposed and what are the effects of silica near them. Dale Simchick, 766 South Easy Street, said the City is being very helpful, that the City will be affected, that the plant does not have DEP permits in yet nor MPO approval, and they have not applied for FEC RR permits. She urged citizens to write objection letters to Indian River County staff members Stan Boling and David Hayes, and John Turner, Eugene Elliott and Ally Kaz at DEP. Damien Gilliams, Sebastian, said it is a shame that Council doesn't have a policy of annexation, which could have stopped this. He said he feels for the people, but they should hire a lawyer and put professional testimony on the record, instead of grandstanding like politicians. He cited Ms. Coy's name. Ms. Coy said there is campaigning going on and if she is not allowed to campaign here no one else should be allowed. Mayor Burkeen asked Mr. Gilliams to stop campaigning. Ms. Coy said she would like to write a letter to the County, noting her biggest issue was the railroad spur and the traffic blockages. She asked Ms. Simchick to provide her with the names and addresses of all of these agencies she cited so they can be passed out to residents. She said the Growth Management Director has done a great job of researching this issue and working with Indian River County staff. Mayor Burkeen said he is opposed to the plant, does not recall this property owner requesting annexation, and would support a letter writing campaign. Mr. Neglia urged a letter writing campaign by residents. In response to Mr. Paternoster, the City Attorney said a resolution would merely express our concerns to the County Commission, and it would be his guess that the County has a policy that letters would have to go to planning staff rather than the commission because of anon-interference clause and because the commission would be the final appellate party if an appeal were filed. He also advised that the key would be to look at the County Comp Plan to see if there is some violation of the plan by this project. On MOTION by Ms. Coy and SECOND by Mr. Paternoster staff was directed to bring back a resolution of non-support of the concrete plant for the January 24, 2007 meeting on a voice vote of 4-0. IZ 8 Regular City Council Meeting January 10, 2007 Page Nine 07.013 A. Damien Gilliams (no backup i. Policy Changes for the Airing of CRA and City Council Meetings Mr. Gilliams approached the podium wearing a hotdog on a bun hat and was asked to remove it on a point of order by Mr. Paternoster if he wished to address Council. The City Manager responded to Mr. Gilliams request as to whether or not we broadcast CRA meetings with a brief history on the broadcast issue. He said if Council wants to revise the current policy of broadcasting City Council and Planning and Zoning meetings additional funding will be necessary for staffing or broadcast services, and noted the only complaint he had received on the current policy was from Mr. Gilliams. Mr. Gilliams read from the City Broadcast Policy mission. He said a decision was made at a CRA meeting for a large amount of money to purchase the Boudrot property and the meeting was not broadcast. He alleged staff wanted to keep the CRA meeting off the air so they took it upon themselves not to air it and instead ran special event coverage so the public wouldn't see it. Ms. Coy asked if he was charging some criminal activity. Mr. Gilliams asked Council to budget money to air all meetings. Charter Requires Five Council Members - We Wish Vacant Seat Be Filled Mr. Gilliams said the City charter states that there shall be five council members and vacancies shall be filled, and pointed out that Council cut a deal with Mr. McCollum to come back if he was needed. He said that he would like to see five people up there. Ms. Coy asked if he was charging criminal activity and Mr. Gilliams was reminded that Mr. McCollum offered to come back if needed and no deal was cut. Mr. Gilliams read from the City Charter again at the request of Mr. Paternoster, and Mr. Paternoster asked if there is any time frame written in the charter for filling the vacant position, and Mr. Gilliams was not able to answer that there was any specific time frame written in the charter. Mr. Paternoster noted Council is aware of the requirement to fill the vacancy and they will decide when to do so. iii. Capital Improvement List (Treasure Coast Delegation Mr. Gilliams said the Treasure Coast delegation had an opportunity to hear from all agencies in Indian River County and he had brought this to the attention of Council and the City Manager numerous times and on the day they were meeting, and questioned why no one brought anything to them when there are needs in the City. 9 (J Regular City Council Meeting January 10, 2007 Page Ten Mayor Burkeen said Mr. Gilliams asked him and the City Manager to come up with a list on the day of the meeting and this Council had not voted on anything and it would have been inappropriate. Mr. Gilliams said he first requested this in June and then said it was time to go out to bid for a new manager. Mayor Burkeen asked Mr. Gilliams to be seated. In response to Mr. Paternoster, who asked if he was aware of this in June, the City Manager said he honestly doesn't always listen to Mr. Gilliams and on the one hand Mr. Gilliams states that the City Manager unilaterally overstretches his authority and then on the other hand he states that he is not doing enough. He said staff has historically brought in significant numbers of grants, staff is out there getting money and may be able to get about a half a million for Collier Creek. Mr. Paternoster said the City Manager should be bringing these types of recommendations to the Council, and there should be someone on staff who actually seeks grants. Ms. Coy said Mr. Gilliams should not be dictating to Council from the podium what the City Manager does until he is a council member, and it is up to Council to direct the City Manager. Mayor Burkeen called recess at 9:27 p.m. and reconvened the meeting at 9:35 p.m. All members were present. Mr. Molford, 741 Sebastian Boulevard, said he and his wife decided to paint his building yellow and found out he had to get approval of the color from Growth Management, which informed him that his yellow was too bright, and stated that there were nine other buildings with the same color, and asked how these people had gotten away with this. The City Manager responded that the 512 overlay district code regulations have no teeth for enforcement, and reported that there will be a presentation on the color wheel on the 24tH The City Manager said the current policy is that the this color is not allowed in the district, and explained prior approvals and said Mr. Mulford was given options to go to another color or request a waiver from the overlay requirement. He said if this is a color that Council thinks is reasonable it could change the color wheel reference in the code. Mayor Burkeen said if we know they are incorrect from previous staff, why are we not pursuing them with code enforcement. Mr. Molford cited the color of Arnold Air Conditioning as being the color he wanted to use. Mr. Paternoster said he had spoken with Mr. Molford and the City Manager, and was appalled at the January Stn newspaper article about this issue because it did not tell citizens that we working on a new program for code enforcement but that there is no code enforcement going on. He said he has been working on code enforcement standard I~-I 10 Regular City Council Meeting January 10, 2007 Page Eleven operating procedures with the City Manager since August and still nothing is in effect, noting he was instrumental in moving Code Enforcement from the PD to Growth Management; and he is anxious to see if violations had been given out for other buildings with the wrong color paint. Ms. Coy said she has seen code enforcement staff enforce the rules around here. She said she wants to see a solution to Mr. Mulford's dilemma now. Mr. Paternoster said we have people who currently owe the City over $55,000, we have no means to collect the money, and further described how poorly he believes the code enforcement process is operating. Ms. Coy again said we need to resolve Mr. Mulford's problem now and the Growth Management Director said there would be ways to change the color to something that would fit or could apply for a waiver at a cost of $350. Mr. Mulford said he would wait until the colors are changed. The City Attorney advised that liens can be collected on commercial buildings but the City cannot lien homesteads. The City Manager again said there would be a presentation on January 24th to look at the color wheel. Mr. Paternoster noted we did not offer Mr. Mulford a fee waiver for the color waiver. Joe Scozzari said there would be three council meetings with only four Council members and SPOA is running the City. Mayor Burkeen asked Mr. Scozzari to be seated because he was campaigning. John Oakes, 593 Birch Court, Sebastian, said he would like to interject civility and rationality into the meetings and challenged Council to watch its proceedings to determine whether decorum is being used in accordance with Roberts Rules. He said if Council is not happy with staff they should get rid of them said it is disheartening for people to watch these meetings. Tony Tuccillo, citizen and part-time skateboard attendant, said Chief Davis gave a very precise presentation about gangs, and stated there are two problems, the escalation of gangs and kids who might want to aspire to be like them. He said there are children who come from homes where there is no parental guidance, and encouraged all residents and business owners to come out to the workshop. Ms. Coy read a message from Mr. Tuccillo's wife who stated today is their 21St wedding anniversary and if he is here to protect children he is right where he should be. 11 ~~ Regular City Council Meeting January 10, 2007 Page Twelve Joe Scozzari again asked to speak and was asked again by Mayor Burkeen to cease his input, and he continued. Mayor Burkeen perceived something he said as a threat (Mr. Scozzari was not in proximity to a microphone) and asked Chief Davis to escort Mr. Scozzari out of the building. Todd Klitinic, talked about the proposed homestead exemption for seniors, requested a promise that his ditch will be cleared again, asked for a workshop for homeowners insurance, discussed clambake records, and the Boudrot purchase. Cynthia Noonan, spoke on the gang issue, stating that her son has been dealing with it, said she appreciated Chief Davis' presentation, and asked whose responsibility it is to clean it up the graffiti and said schools need to be more involved. Dale Simchick, 766 South Easy Street, Sebastian, expressed gratitude for the increase in police personnel, recommended people bring ideas to the gang workshop, and reported the owner of Sebastian Harbor has made an offer to sell its land to Indian River County for a preserve and asked for citizen support. Eugene Wolff, Wimbrow Drive, Sebastian, said it is imperative that tagging is covered up as soon as possible to prevent its proliferation. He said the old Hale Grove building has been the victim of grafitti and suggested the Council ask them to paint over that. He said he would like to hear more information and had a concern about the LAC purchase amount, and wondered why the road through that area could not go through a preserve such is done in other preserved areas. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the meeting was extended for public input and a continuation of this meeting was called for Thursday night at 6 pm to finish items not addressed tonight on a voice vote of 4-0. Lisanne Monier spoke on behalf of Father John Morrissey and parishioners from St. Sebastian Catholic Church who asked her how the church can be protected from people campaigning outside the church during masses. The City Attorney said while it is difficult to legislate good taste, there are some avenues he can look into and report back at the next regular meeting. Mayor Burkeen directed him to look into this. Patrick Hall, President of Collier Creek Estates Homeowners Association, presented the association's position on the extension of Fleming Street through their subdivision, because they believe it would produce a considerable detriment to the development. Mayor Burkeen said Fleming Street is an MPO twenty year project and he would get with them and would have an update on this tomorrow night. l~ 12 Regular City Council Meeting January 10, 2007 Page Thirteen Sue Krese, Laurel Reserve, said she was confused if it was a twenty-year process why was it surveyed. She also read a letter of objection to the proposed concrete plant. As noted by Mr. Neglia, the City Manager said there was money available so the survey was done, perhaps in an attempt to move the project up but that did not guarantee that it would be moved up. Richard Baker, President Audubon Society and chairman of Land Acquisition Committee said the Sebastian Harbor property is probably one of the nicest with a large number of endangered species that LAC has had the opportunity to purchase and urged approval. Damien Gilliams said he called Growth Management for an update on the site plan he submitted in October and alleged that staff is pigeonholing his application. Mayor Burkeen directed the City Manager was directed to look into it. Mr. Gilliams then asked where the clambake records were that "we" requested and Mayor Burkeen said Council had reviewed the opinion and it would be reviewed and addressed at a future meeting. Mr. Gilliams then asked about the audit requested by former Councilmember Barczyk and he was reminded that this is not new business and the audit had been completed. Mayor Burkeen adjourned the meeting at 10:58 pm and all items not addressed will be continued on January 11, 2007 at 6 pm. 11. OLD BUSINESS 06.094 A. Conlon Landscaping Ditch/Swale Maintenance Agreement -Reallocate $89,690 1s3-2os from Stormwater Pest/Weed Control Line Item and $12,258 from General Fund Contingency and Approve Second Year Contract Amendment Option for a Total of $376,948 Available to Conlon -Tabled Until January 10th For Further Cost Breakdown Information (City Manager Transmittal 1/2/07, Analysis, Conlon Letter, City Manager Memo 12/14/06, Previous Backup from 12/13/06 Agenda) 06.008 B. Award Bid for Unit Price Contract for Quarter Round Swale Improvements and 2o7-2s3 Defective Driveway Culvert Replacement Project as Specified by City to Timothy Rose Contracting, Inc. of Vero Beach with Final Total Contract Not to Exceed $800,000 -Tabled to January 10th meeting for Corrected Bid Information (City Manager Transmittal 1/4/07, City Engineer Memo, 12/13/06 Transmittal, Proposed Agreement, Maps) 06.105 C. Reconsider Tim Rose Sidewalk Contract (City Manager Transmittal 1/4/07, (City 2s5-32s Manager Transmittal, Colored Maps Inserted in Packet) 06.180 D. Award of Contract for Thermoplastic Striping of Periwinkle Drive from Barber Street 327 to Bridge in the Amount of $17,000 -Tabled Until January 10th Meeting For More Information And Justification For Using Thermoplastic Rather Than Paint (City Manager Transmittal 1/3/07) 06.167 E. Backout Parking for Indian River Drive -Requested to Be Brought Back by Mayor 329-334 Burkeen at 12/13/06 Meeting (GMD Memo 11/2/06, P & Z Minutes 2/16/02) 06.143 F. Airport Facilities Rental Bid Protest (City Manager Transmittal, Please Bring 335 Information Previously Distributed by City Manager on 1/2/07) `~ 13 Regular City Council Meeting January 10, 2007 Page Thirteen 12. NEW BUSINESS 07.014 A. Contract Award for Construction of Twin Ditches Capital Improvement Project to 337-390 Master Excavators, Inc. in the Amount of $897,133.50 in Accordance with Approved Plans and Specifications (City Engineering Transmittal, CDM Letter, Draft Contract) 07.015 B. Gary Scott Field at BSSC -Requested by Mayor Burkeen on 12/13/06 (Ms. Hill's 392-393 Note, 12/13/06 Minutes Excerpt) 13. CITY ATTORNEY MATTERS 06.196 A. Discussion of Signs in Council Chambers -Never Addressed on 12/13/06 (No Backup) 06.096 B. Code Enforcement Magistrate -Direction on Process (No Backup) 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS Mayor Burkeen 07.017 i. Replace Former Council Member McCollum's Positions on County & 3s4 Regional Boards (List) 07.017 ii. Assign Council Attendance for Indian River County Commission Meetings ass (Calendar) B. Ms~Coy 07.018 i. Sebastian Harbor (No Backup) C. Mr. Paternoster 398-405 i. Amendment 6 to Florida Constitution to Increase Maximum Additional Homestead for Low Income Seniors from $25,000 to $50,000 -Effective January 1, 2007 (Vote Smart Summary, 0-04-02, SB452) D. Mr. Neglia 17. ADJOURN Approved at the Regular City Council Meeting. Brian S. Burkeen, Mayor ATTEST: Sally A. Maio, MMC -City Clerk I~ 14 mr~ ~ T ~~ ~- HOME OF- PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Ri ti F -S b Agenda No: ~ ~ ~ ~ ver as an orums e Candidate Area Chamber of Commerce and Sebastian Property Owners Department Ori C~ lark Associa ' n City Attorney: Date Submitted: 1/17J07 i. a agar For Agenda of: 1/24/07 Exhibits: January 11,2006 Minutes Excerpt SUMMARY STATEMENT Since 2001 City Counci! has approved use of the Council Chambers and City broadcast services for Candidate Forums sponsored by the Sebastian River Area Chamber of Commerce and Sebastian Property Owners Association. We have received requests from the Chamber for Wednesday, February 7, 2007 and from SPOA for Friday, February 23, 2007. RECOMMENDED ACTION Approve use of Council Chambers by Chamber of Commerce and SPOA for Candidate Forums as requested with live broadcast services. 19 2~ Regular City Council Meeting January 11, 2006 Page Seven Ms. Neglia suggested that there might be natural altematives and asked the Environmental Committee to look into it and Ms. Coy suggested the committee could conduct a clinic for the public on altematives to pesticide use. It was agreed that the City Manager would bring back more information. Trish Adams requested clarification stating there may some overlap with the Tree Board because pesticide use is a landscaping issue but Council said this is an environmental issue and asked that they pursue it and Ms. Coy suggested that they could perhaps conduct a joint clinic with the Tree Board. B. Police Pension Board of Trustees 05.213 33-36 i. Appoint Rapay Perez as Fifth Member to Police Pension Board in Accordance with F.S. w/Term to Expire 10/07 (Clerk Transmittal, FS) On MOTION by Mr. Neglia and SECOND by Ms. Coy Mr. Perez was appointed on a voice vote of 4-0. 10. PUBLIC HEARING (None) 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othenaise on the agenda A. AI Paternoster 05.163 i. SPOA Request for Council Chambers for Candidate .Forum at End Qf Feb, ruary Mr. Paternoster requested February 24, 2006 as the date for the SPOA candidate forum in the Council Chambers. Mayor McCollum said Council typically allows a forum for SPOA and the Chamber and both could be approved tonight. On MOTION by Ms. Monier and SECOND by Ms. Coy approve candidate forums for SPOA on February 24, 2006 and the Chamber of Commerce on their selected date with broadcast in the City Council Chambers on a roll call vote of 4-0. 06.008 ii. Stormwater Issues 06.009 iii. Contractor Issues Mr. Paternoster presented a powerpoint program exhibiting problems with stormwater drainage and construction problems and violations (see attached). Following the presentation, he urged Council to look at City codes and enforcement of existing codes and address personnel issues. Z~ 22 cm or - `~. ,. HOME OF P6t~GAN IS[AND AGENDA TRANSMITTAL Subject: Agenda No. (~ ~ . D Z ~ Department Or' i • ~Gity Manager Elks Club -Temporary Use Permit Fee Wavier City Attorney: City Clerk: p, App ove or Submittal by: Date Submitted: 17 JAN 07 n r; City Manager Exhibits: EXPENDITURE REQUIRED: AMOUNT. BUDGETED: APPROPRIATION REQUIRED: N/A N/A N/A SUMMARY The Growth Management Department reviews and approves temporary use permits for special events that occur within the City of Sebastian. During this process the application is received, along with $325 ($200 Bond, $100 Permit, $25 Application Fee), of which $200 is refundable after the event, provided there was not damage to City right of way or City property. City Staff reviews the application and coordinates with the Building Department and the Police Department on items like properly installed tents, concessions, crowd control, port-o-potties, etc. This procedure is outlined in the Land Development Code, Section 54-2-3.2. Each year the Elk's club holds an "Open House" event, in conjunction with a Car Show that is a _ fundraiser for the Elk's Club to provide physical therapy rehabilitation to children with financial needs. This event is currently planned for February 9`h, 10"' and 11"', 2007. RECOMMENDED ACTION Due to the charitable nature of the event, Staff is respectfully requesting that the City Council waive the fee ($225) for the Temporary Event for the Elks Club this year and in future years. 23 z~ ..: § 542 3.1 - _ SEBASTIAN LAND -DEVELOPMENT CODE _ 6.2(d), including criteria of article VI. The planning and zoning commission shall make a recommendation to the city council to approve, approve with condition, or deny the application for the special use. e. City council public hearing. The city council shall hold a public hearing with notice pursuant to section 541-2.8. By resolution of the city council, the application for approval of a special use or special exception permit may be approved, upon a finding that the requirements of section 54-2-6.2(d), including criteria of article VI, are met. If the application is denied, the city council shall state the reasons for denial. (3) Required findings of fact. The city council shall not approve an application for a special use or special exception under this section unless it finds, based upon the evidence presented, that the following conditions are satisfied: a. The approval of the application for a special use or special exception will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in article VI; and b. The use requested is consistent with the purpose and intent of the respective district, and canbe demonstrated to be similar in nature and compatible with the uses allowed in such district; and c. The requested use is consistent with the comprehensive plan and the Code of Ordinances. (4) Conditions of approval. In approving an application for a special use under this section, the city council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. Sec. 54-2-3.2. Procedures and criteria for review of temporary uses. A temporary use shall be allowed for transient merchants and special events upon issuance- -- -- of atemporary use permit by the city manager or his designee, based upon compliance with all applicable regulations of this chapter and other city regulations. (a) A temporary use permit will be issued if the following requirements and standards are met: (1) The activity must be a permitted or conditional use within the zoning district. (2) Only temporary pavilions may be erected and utilized for the operation. All facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed 300 square feet in area may be utilized. All temporary facilities designed to be occupied by the public must be inspected by the fire department after installation, and prior to occupancy. (3) No utility connection shall be permitted except for temporary electrical power which must be approved by the building department. LDC3:4 ~(an~. O SPECIAL, SPECIAL EXCEPTION AND TEMPORARY USE PERMITS § 54-2-3.2 (4) Prior to the issuance of any permit, a cash bond in the amount of $200.00 shall be submitted to the city. Within seven days after a temporary use permit expiration, all items related to the operation or event shall be removed from the site. The city may use the entire amount of submitted funds to pay for disposal of all related items remaining on the site seven days after permit expiration. Upon vacating and cleaning up a site, an applicant may request, in writing, return of the submitted funds. Permit applicants will be refunded the submitted cash bond amount if: a. The city has not used the funds under the conditions described above; and b. The site is inspected by the city, it is verified that the site has been cleaned up, and all temporary use items have been removed. c. In cases where the city has used the $200.00 cash bond for site cleanup, no subsequent temporary use permits shall be issued to the same applicant whose vacated operation caused cash bond default and resultant cleanup by the city. (5) Holders of temporary use permits for an activity shall not be required to obtain an occupational license for that activity. (6) No temporary use shall operate within a public right-of--way. No operation within an easement shall be permitted unless specifically allowed by all parties having interest in such easement. (7) Unimproved lots within industrial or commercial districts may be utilized if, in the opinion of the city manager and his support staff, the temporary use will not be detrimental to the health, safety and general welfare of the public. (8) A maximum of 30% of the required parking stalls of the host site maybe utilized by the temporary use. This percentage may be increased based on satisfactory documentation indicating additional parking and/or transportation needs have been provided for the total impact of the proposed event. (9) Food concessions may be permitted as accessory to the temporary use. The applicant must obtain a temporary license from the state department of business regulations for the proposed concession facilities. (10) Temporary toilet facilities may be required by the applicant depending on location and size of the event. Amount will be determined by the building official based on estimation of attendance of the event. (11) Applicant must provide, at his own expense, additional and/or special crowd control and security if determined necessary by the police chief based on the size of the event. (12) [Reserved.] (13) Prior to city manager review, approval must be obtained from the police chief and the building director. Approval or denial shall be based on items (1) through (11) LDC3:5 2 § 54-2-3.2 SEBASTIAN LAND DEVELOPMENT CODE above and consideration shat be reviewed on the total magnitude of impact that may be detrimental to the health, safety and general welfare of the community. ~~~ Sec. 54-2-3.3. Z`ime limits. (a) Transient merchants of any seasonal sales merchandise such as Christmas tree and firework sales or other similar use shall be in operation not more than 45 consecutive days per sale%vent on any given site. (b) Transient merchants of any non-seasonal sales merchandise shall be in operation not more than ten consecutive days per sale%vent on any given site. (c) Special events and special vehicle and boat sale events shall be in operation not more than seven consecutive days per sale/event on any given site. Sec. 54-2-3.4. Application. (a) Temporary use permits shall be obtained by furnishing a completed application for such permit to the growth management department. The following information as applicable shall be provided: (1) Application to be made by the owner or lessee of the host site. (2) Location of site and the specific location for the requested use. (3) Beginning and ending dates of the event. (4) Hours of operation of the event. (5) Name of individual in charge of the event. (6) After hours emergency phone number for person responsible for event. (7) A drawing showing dimensions of the site or an existing site plan for the host site including location and dimensions of all existing driveways, entrances, exits, and parking spaces. (8) A drawing depicting location and dimensions of all temporary pavilions, displays areas, sanitary facilities, and concessions for the temporary use. (9) Indicate how parking and traffic flow will be directed on to and within the event site. (10) Estimation of maximum peak hour attendance of the event to determine sanitary needs, parking and traffic impact. (11) If existing parking spaces of a permanent use (such as a shopping plaza) are to be utilized by patrons and employees of the temporary use event during normal operating hours, calculations shall be submitted demonstrating that the event will not utilize LDC3:6 .......SPECIAL, SPECIAL EXCEPTION AND. TEMPORARY USE PERMITS § 54-2-3.5 more than 30% of the required parking stalls of the existing host site. If usage does exceed 30% percent, documentation indicating additional parking and/or transporta- tion arrangements must be provided for the total impact of the proposed event. If the event is being held during non-operating hours for the host site, the 30% restriction may be lifted upon demonstration that there will still be sufficient parking available for patrons of the temporary event. (12) Location and dimensions of all signs to be used. (13) All applications must be made on the form prescribed by the city and submitted no later than 30 days prior to the scheduled event. The application fee shall be $25.00 and the permit fee shall be $100.00. (b) A copy of the application and all supporting documents will be forwarded to the police chief and the building official for review and comments. All comments and recommendations will then be attached to the application and forwarded to the city manager or his designee for approval or denial. (c) The application, with all the supporting documents, will be reviewed by the city manager, or his designee. If approved by the city manager, the applicant shall post the $200.00 cash bond prior to the issuance of the temporary use permit. If denied, applicant will be notified, along with the reasons for denial. The police department and the fire department will be notified on all approved requests for temporary use permits. Sec. 54-2-3.5. Signs. (a) All signs being utilized on site must conform to the city sign regulations as outlined in the land development code and must be removed upon expiration of the temporary use permit or upon vacation of the site. (b) Signs used in conjunction with approved activities or special events for which a temporary use permit has been obtained shall not be calculated against the three banner signs permitted per site per year. LDC3:7 ~4 3C cm ~ ~~~~ ~ ~ F~ ~~ .u ~ ~. tUM~ of Priltp.N istAI~ro CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. D'7, C~L~ FEC Rehabilitation of Schumann Drive Crossing Department Origin: Public Works Department Head: Ap oved or Submittal by: Finance Directo City Attorney: City Clerk: I n r Date Submitted: 01/16/07 For Agenda of: 01/24/07 Exhibits: Letter from FEC Railroad EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: General Fund $30,596 $ -0- $30,596 Contingency SUMMARY The Public Works Department has received a letter from the FEC Railroad advising that they will begin . work to rehabilitate the Main Street and Schumann Drive Railroad Crossings on February 11 and February 18, 2007, respectively. Although FEC sent a letter to Indian River County advising of the upcoming maintenance work in August 2006, notification was never forwarded to us providing opportunity to budget for the obligation. The FEC makes periodic inspections of each crossing and schedules repairs based on those inspections. Per an Agreement with FEC, the City accepted financial responsibilities for the Schumann crossing when that area was annexed with right-of-way maintenance obligations. Conversely however, no such City obligation exists for the Main Street crossing and FEC will be responsible for those maintenance repairs. fn short, the FEC inspection has revealed a need to improve the "ride quality" over both the Main and Schumann crossings. This work will consist of leaving the tracks in place (for now) and constructing a new concrete structure between the tracks and a new asphalt transition of approximately 10 feet on each exterior trackside. This work will require CLOSURE OF THE CROSSING FOR APPROXIMATELY 2 DAYS. Hence, road maintenance safety and closing issues will be coordinated between FEC and the City. The cost is estimated a# $30,596. However, this is an estimated cost and some variation is expected due to actual concrete and asphalt quantities. At the end of the project, the City will receive an itemized bill for repairs. RECOMMENDED ACTION Move to appropriated $30,596 from the General Fund Contingency and approve payment to the FEC upon completion of the work. C~ 3Z January 10, 2007 File: 216/39/3116 SEBASTIAN: fEC - Florida East Coast RAILWAY, L.L:C. GRADE CROSSING REHABILITATION SCf[IUMANN DRIVE, MII.EPOST 216+3,116' - FDOT#272164R NOTICE OF INTENT TO WORK Mr. Alfred Minner City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mr. Moore: The ride quality for both railway and highway traffic over the above-referenced grade crossing has declined to the point of requiring rehabilitation. We inadvertently sent the enclosed budget letter of August 3, 2007, to Indian River County. After reviewing our file we found the roadway falls under the jurisdiction of the City of Sebastian. In order to restore acceptable levels of surface conditions for both highway and railway traffic, we plan to begin the rehabilitation work on Februaryl8, 2007. In accordance with the terms of the agreement dated March 3, 1959, certain portions of the cost of the rehabilitation are the responsibility of the City. The costs to the City are as outlined in the enclosed estimate. It should be noted this is an estimate only and all charges for which the City is responsible shall be billed on an actual cost basis. Note the estimate includes amounts for maintenance of traffic and asphalt work however, in the event the City can provide these items more economically than FEC, it is acceptable that the City arrange for this work directly. Please review the enclosed estimate and if acceptable, please acknowledge this letter by providing a letter of authorization against which we may bill for this work. Your prompt attention to this matter would be appreciated. In the interim, our Roadmaster, Mr. Kenny Robinson, will be in contact to coordinate the scheduling of the work. Otherwise, if you have any questions in this matter, please do not hesitate to contact me at (904) 538-6056. As information, we recently moved our office to Jacksonville, Florida; therefore I have attached a new business card with my current mailing address and contact information. Sinc~erel~y, ~ ~~ eph`Z. Schonder Manager -Engineering Services Enclosure cc: Mr. Gary Clegg -Please collect all charges in this matter to WO# 2226257 Mr. Andy Fowler - (w/o enclosure) As information. Mr. Mark Koenig -Copy of the estimate attached for your accounting. Ms. Kathy Lowe - WO# 2226257 ~~ Engineering Department, 7411 Fullerton Street, Suite 300, Jacksonville, FL 32256 FLORH)A EAST COAST RAILWAY 01/10/07 SAINT AUGUSTINE, FLORIDA SEBASTIAN: _SURFACE EXISTING TYPE T-MODIFIED GRADE CROSSING SCHUMANN DRIVE, MILEPOST 216+3,116' - FDOT# 272164R FILE: 216/39/3116 CROSSING DESCRIPTION PAVING DESCRIPTION Length of Crossing Surface: 24 Tf Width (Across Road) 24 Ft Number of Tracks: 1 Ea Length (Along Road) 80 Ft Length of Track Panel: 64 Tf Projected Lift 3 In AGREEMENT DESCRIPTION GANG DESCRIPTION Responsible Party: City of Sebastian 3 Fort Pierce Section Agreement Date: 03/03/59 14 Fort Pierce Smoothing Division of Responsibility 0 Crane Encase Fiber Optic Cable N/A 2 Loader Maintenance of Traffic City Crossing Surface City Track Materials FEC Track Construction FEC Paving City Overtime N/A COST RECAPITULATION 10.00% Responsible Track & Civil Work Item Labor Eouinment Material Contract Contineencv Total Encase Fiber Optic Cable n/a n/a n/a 0.00 0.00 0.00 N/A Mobilization/Material Consolidation 797.94 2,685.84 n/a n/a 416.22 3,900.00 City Construct Track Panel & Place O.l)0 0.00 215.16 n/a 84.84 300.00 FEC Maintenance of Traffic/Police Protection n/a n/a n/a 4,050.00 450.00 4,500.00 City Remove Crossing Surface 370.56 690.35 n/a n/a 139.09 1,200.00 City Remove/Replace Stmcture 0.00 0.00 n/a 0.00 0.00 0.00 FEC Line & Surface Track 822.93 1,668.06 0.00 n/a 309.01 2,800.00 .FEC Replace Crossing Surface, As Needed 741.12 1,380.70 6,771.47 n/a 906.71 9,800.00 City Place Asphalt 182.75 57.12 n/a 7,200.00 760.13 8,200.00 City Site Cleanup 670.69 829.08 n/a n/a 200.23 1,700.00 City Overtime Chazge for Weekend Work n/a n/a n/a n/a 0.00 0.00 N/A Totals: 3,586.00 7,311.14 6,986.63 11,250.00 3,266.23 32,400.00 TOTAL TRACK & CIVII. PROJECT COST: 32,400.00 1,350.00 $/Ft ENGINEERING & SUPERVISION: 1,296.00 3~ TOTAL PROJECT COSTS: $33,696.00 TOTAL COST TO BE BORNE BY FEC: 3,100.00 TOTAL COST TO BE BORNE BY CITY: $30,596.00 NOTE: THE ABOVE IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST FES Florida East Coast RAILWAY, t.L.C. January 10, 2007 File: 214/39/2238 SEBASTIAN: GRADE CROSSING REHABILITATION MAIN STREET, MILEPOST 214+2,238' - FDOT#272161V NOTICE OF INTENT TO WORK Mr. Alfred Minner City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mr. Moore: The ride quality for both railway and highway traffic over the above-referenced grade crossing has declined to the point of requiring rehabilitation. In order to restore acceptable levels of surface conditions for both highway and railway traffic, we plan to begin the rehabilitation work on February 11, 2007. Our Roadmaster, Mr. Kenny Robinson, will be in contact to coordinate the scheduling of the work. Otherwise, if you have any questions in this matter, please do not hesitate to contact me at (904) 538-6056. As information, we recently moved our office to Jacksonville, Florida; therefore I have attached a new business card with my current mailing address and contact information. Sincerely, Joseph L. Schonder Manager -Engineering Services cc: Mr. Gary Clegg -Please collect all charges in this matter to WO# 2226256 Mr. Andy Fowler - (w/o enclosure) As information. Mr. Mark Koenig -Copy of the estimate attached for your accounting. Ms. Kathy Lowe - WO# 2226256 Engineering Department, 7411 Fullerton Street, Suite 300, Jacksonville, FL 32256 3~O ;. August 3, 2006 Files:. .216/39/3.116, 225/39/2418, 230/39/767 ffC - Florida East Coasf A A L L W A Y, L.L.C. INDIAN RIVER COUNTY: GRADE CROSSING MATTERS 2007 GRADE. CROSSING REHABILITATION PROGRAM ..NOTICE OF INTENT Mr. James W. Davis, P.E. Public Works Director Indian River County .Public Works Department 1840 25ei Street Vero Beach, Florida 32960 Dear Mr. Davis: The Railway has completed our field.inspection of all grade crossings on our line and compiled a list of crossings for our 2007 Grade Crossing Rehabilitation Program. Listed below are crossings that fall within your jurisdictional responsibility and are scheduled to be re- worked in the upcoming year beginning January 1, 2007. With each crossing you will find an estimated cost for the County's use in budgeting for the crossing rehabilitation. It should be noted this is an estimate only and reflects the present cost of material and labor, all charges will be billed on an actual cost basis. The Schumann Drive and 1St Street crossings were rehabilitated in 2001, and 2002 respectively, and will not require a full rebuild at this time. We plan to remove the concrete crossing panels, surface the crack, replace . the panels and pave. the approaches at these crossings. Schumann Drive- Milepost 216+311.6 Existing Agreement 3/3/59 $30,596.00 41St Street Milepost 225+2418 Existing Agreement 7/7/94 $73,528.00 1St Street Milepost 230+767 Existing Agreement 12/8/65. $30,596.00 Thank you for your continued cooperation regarding crossing matters and if I can be of any assistance, please do not hesitate to contact me at (904) 826-2383. Sincerely, Joseph L. Schonder Manager-Engineering Services Ph: (904) 826-2306 • Fax: (904) 826-2290 One Malaga Street • P. D. Box 1048 ~ St Augustine, FL • 32085-1048 C3~ l6-Ccu((c, 38 ~~~ ~~; ~~ . ,~, _ :; HOME OF PEUCAIV {Si.AND' 1225 Main Street Sebastian, Florida 32958 Subject: Vacant Regular Member Position Agenda No: (~~, 602 on the Planning.. & Zoning Commission Ap rov for Submittal by: • Department Ori City Clerk's Office City Attorney: Date Submitted:1~/ /07 ager For Agenda of: 1/24/07 Exhibits: letter, application, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Due to Mr. Oakes resignation there is a regular member position vacancy. Only Mr. Buchanan, current alternate member, has responded to the advertisement. RECOMMENDED ACTION Interview, unless waived and submit nominations to fill the vacant regular member position set to expire June 1, 2007. I ~, 3~ $ ~ d ~ ._ 't'e~_ L ~~ \ ~.' ~~ r December 7, 2006 -~ -~ ~ " City of Sebastian Planning & Zoning Commission i~ir. Andrew Allocco -Chairman Sebastian, FL 32958 Dear Chairman Allocco and Fellow Board Members, I have had the privilege of serving on the P&Z Commission since March 24th, 2004, because of personal and professional interest I intend to pursue in the coming years I no longer feel I can commit the time and effort needed to meet the responsibilities of a P&Z Board Member. After much thought and consideration I submit my resignation to the Planning Zoning Commission to be effective December 31St, 2006. I would like to thank all present and past City Council Members for permitting me to serve the City of Sebastian on the Planning and Zoning Commission, I am grateful. I wish everyone on the P&Z Board the best, as you continue your efforts in making decisions that are so vital to the process of planning ar~d zoning for t?~e cif; of Sebastian. I have enjoyed working anal serving with each of you. Sincerely, ~~ John H. Oakes ~I ~z anuF ~E~T HOME OF PELICAN ISLAND i 1 ~~ ;; ,~ u i ! ., APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Baard and Committee Members Must be Residents of the City of Sebastian) NAME: ~ ~, - HOMEADDRESS: ~, ~ ~ ~,.~,,~ ~ ~~ , .~- r ~f HOME PHONE: z~ 4 ~~, ~ ~-~~ -~ ~~-> HOME FAX: ~~ ~~,,~ ~, E-MAIL: ~~ , 1 iq~ _~ BUSINESS: -) BUSINESS ADDRESS: BUSINESS PHONE: / BUSINESS FAX: ~ E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? ~~ ~ L~ r DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~~ ~~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? -~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CODE ENFORCEMENT BOARD (permanent board -meets once a month)" CONSTRUCTION BOARD (permanent board -meets once a month)" HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)" POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment L^ (~ t y3 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? w ~, HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ ~'/ ~~~ , WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee ~ila le if equesXed. Applic t Signature Sub cribed . nd JJ swo to before me this ,/~ .day of by ~.~G~ who personally known to ~ or has produced as identification. ry Put~c; State of Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-formlap pl icat.wpd rev. 10/2005 ~~ `qn~°"''', Sally /~ Maio MYCOMMISSION# DD13tt55 EXPIRES ~:~~g Cktober 5, 2006 '.'}",~~~~d;`~ BONDEDTHRUTROYFAININSURANCE,INC CITY OF SEI~ASTIAPJ ;: :r fCE aF ~li'Y ~I~RK H, F, BTTCHANAN ~~1Q~ r ~ ~ 3 ~ ~ ~ ~ ~ ~ 1101 Landsdowne Dr. Sebastian, Fl. 32958 . 772- 388 5397 Home/Fag 772 3215492 dell E-mail buchananh a~aol.com CAREER SUNIlVIARY Health Physics professional with forty. years experience in the following areas: • Operational Health Physics • Radioactive Waste Management • Decontamination/Decommissioning • Emergency Planning • Special lvuclear Material • Instrumentation EXPERIENCE: Real Estate Asse~iate- DAVIS BESSE Port Clinton, Oh Team Member Radiological-assgssment.for Enercon Services Various Nuclear Power Stations Team Member. FElVfA E-Exer-cis-E Radiological Specialist far Buchan~.n CQn~ltants of Jensen Beaeh MILLSTOI~ ;''NIT 1 Niantic, CT. Team Leader Managed an assessment team and set up a project schedule for Unit 1 Improvement program for Millennium Services. Team consisted of four Health Physics professionals. 11/Ol-present 10/02-11/02 11/00-9/01 5/1-5/31/00 ~, FARLEY NUCLEAR POWER STATION Dothan, AL. 2/00 -5/00 SENIOR ALARA ENGINEER Supported ALARA program for Westinghouse in support of outage activities. 1NEEL Idaho Falls, ID. Team Leader 4/99 - 9/99 Assessment of RadCon program (Duke Engineering and Services) Assessments based on D.O.E Guide 441. Table 441.1-1,Table of Radiological Controls and lOCFR835. GEIVFRAi. ATOML~Sr- 12/98 - 2/99 San Diego, Ca ~ALTH PHYSICS SUPPORT Acting Radiation Protection Manager while Radiation Protection M~.nager was on leave. ST. LUCII/ Nt7CLEA~POWEI~PLA~F 3/77 - 2/98 Ft. Pierce, FL RABI,~ON PRO'FICGTION MANAGER Managed the Health Physics Programs including.Operational Health Physics, ALARA,, Radioactive Waste,.Be the Site E~gegcy Plan for 21 years. • Directed the daily activities of 70 plus personnel during normal operations and 200 plus during outages. • Managed annual budget of up to $18 million. • Led ateam-that-develepe~ a~a~rtemat~~elestrexic dosimeter access system that resulted in an annual cost savings of 200k dollars. • Managed all radiological. aspects of the Unit 1.steam generator replacement. • Developed new hurricane plan, post "Andrew". • Directed all radiologicat.aspects a€-tI~ IJ~ f tl~sl~ld-r.~moval and disposal (see "Health Physics," Vol. 54, No. 2 (February), pp. 189-194, 1988). ~ Respo~si131e for-Healtl~Physies-Pro~an~-i~the eenstrustion, pre-ops and start up phases of Unit 2. ~~ • Participated in union contract negotiations, arbitration and NLRB testimony. • Interfaaedwith government at local,: state and federal levels. • Responsible for General Employee Training and Health Physics departmental training grog_cams.._Conducted..Healthfhysics and F-mergence Plan_training both on and offsite. • Managed Emergency Plan interfacing with federal (NRC, FEMA) ,state and local. Agencies. YEr~TGMIG F,LE.CTRLC.- _ 3171 - 2/77 Yankee Nucleaz Services Division Westboro, MA SENIOR HEALTH PHYSICIST Supported. Yankee Rower Maine Yankee,. Seabrook and Vermont. Consulted for Conn Yankee, Pilgrim and Millstone. • Directed development of. TLD Personnel-Menito~~_Prograrn, which provided service to all nuclear stations in New England. Introduced the TLD as the prime dosimeter in nucleaz power stations. • Developedl/mersy_I?la~.far_Yankee Reese; Maine Yaffe and Vermont Yankee. • Interfaced with local, state and federal governments. Worked with and trained hospitals .fine and police personnel. • Developed health physics and emergency plan sections for Seabrook PSAR. Worked on-sta~up-lisense`fe~A~e-Yanl~e.-and Vermont Yankee. • Implemented In-Vivo analysis and respiratory. programs for all Yankee plants. • Evaluated the radiological safety programs. UNITED NUCLEAR PawlinffFuel Fabrication Facility Pawling! NY 11/68 - 2/71 A~SSI[~T-~I~T-HEALTH PHYSICIST Responsible for radiation protection program, special nuclear material safeguards, rad- waste:.smergcnclc-nia~g indu~ri~ safety-and security. U1 BROOKHAVEN NATIONAL LABORATORY 8/62 - 10168 Upton, NY SENI0I~IIEAI~TH gHYSICS TECffivICIAN Responsible for routine health physics at the Graphite Research and Nigh Flux Beam Reactors (HFBR). • I?eyeloped and:implemented Tritium area~m4~toring system for HFBR. • Lead Technician for start up of HFBR. • DsYelnpEdand..~rgte procedures for HFBR • Conducted access gaining for HFBR EDUCATION Ac~?1 h? I~Iniversit3r}~..~_in Natural Sciences 1968 Technical and_Manageme~t..courses ~~ PLANNING 8~ ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS AND ADDRESS STATUS COMPLETED [MOST RECENT HISTORY FIRST] Daniel Keough Reappointed 1/12/05 Term to 160 Day Drive expire Sebastian, FL 32958 Took Emil Svatik's Regular 11/112007 589-0070 Member Position 3/24/2004 Took Taylor's Unexpired Alternate Member Position 8/13/03 Charles Cardinale Took Celli's regular member Term to 474 Thomas Street position on 4/26/06 expire Sebastian, FL 32958 4/1/2008 589-4892 Larry Paul Reappointed 5/11/05 Term to 1701 Sunset Lane expire Sebastian, Florida Took Blessing's Unexpired 5/1/2008 32958 Regular Member Position 388-0937 4/28/04 William Mahoney Reappointed Regular Member Term to 207 Delaware 1/26/05 expire Avenue Reappointed Regular Member 2/1/2008 Sebastian, FL 2/13/2002 32958 589-8524 Took Pliska Regular Member Position 1 /12/2000 Took Shirley Kilkelly Alternate Member Position 11/18/98 William Simmons Took Mr. Smith's unexpired Term to expire 509 Drawdy Way regular member positions 2/22/06 6/1/2009 Sebastian, FL 32958 Reappointed alternate member 589-9826 position 1 /12/05 Took Seeley's Unexpired Alternate Member Positions 1 /28/04 ~~ VACANT Term to expire 6/1 /2007 Andrew Allocco Reappointed regular member Term to 1485 Barber Street Sebastian, FL position 11/16/05 expire 32958 11 /1 /2008 388-3188 Took Gene Rauth's Unexpired Regular Member Position 2/12/2003 Took Harold Faille's Unexpired Alternate Member Position 11 /3/02 Jim Morrison Took Mr. Kidde unexpired Term to 321 Lobster Terrace alternate member position expire Sebastian, FL 32958 5/24/06 11/2007 589-6999 Hank Buchanan Took Oake's Unexpired Term to 1101 Landsdowne Alternate Member Position expire Drive Sebastian, FL 10/12/05 1/1/2008 32958 388-5397 Staff Liaison -Growth Management Director Board Secretary -Linda Lohsl 78 ~~ ~ ~ ~. _ a ~_- - For Release December 12, 2006 PRESS RELEASE PLANNING & ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING UNEXPIRED POSITION ON THE PLANNING AND ZONING COMMISSION: • REGULAR MEMBER POSITION EXPIRING 6/1/2007 ALL COMMISSION MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. PLEASE NOTE THAT SHOULD COUNCIL FILL THE REGULAR MEMBER POSITION WITH AN ALTERNATE, THAT ALTERNATE POSITION MAY BE FILLED THAT NIGHT WITH ONE OF THE SAME APPLICANTS. THIS BOARD MEETS ON THE FIRST AND THIRD THURSDAY OF EACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED UNTIL JANUARY 15, 2007. J~;~ 5~ arYOF ~~ r - HOME O~ PELICAN ISLAND T225 MAIN STREET ^ SEBASTIAN, FLORIpA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 January 17, 2006 Bruce Maia, PE MBV Engineering, Inc. 2455 14~` Avenue Vero Beach, FL 32960 RE: Paradise Marina Resort Status Update Site Plan Submitted 1 l /8/2006 Dear Mr. Moia, Staff will be routing the latest submitted site plan to outside agencies for review as soon as more copies of the site plan are received. Jan emailed you 11/16/06 about the additional plans needed. Staff has looked preliminarily at the application and has the following comments: 1) Based ugon total daily trips, a traffic impact study is required and shall include the trip generation, distribution, link assignment sheets and driveway volumes. Sebastian LDC Sec. 544-18.4. Please coordinate with Jeanne Bresett, Indian River County at (772) 226-1326 regarding traffic impact study requirements. 2) SJRWMD -has indicated that the deadline for your response to the District's comments of December 30, 2005 has passed. Please ensure the District's comments are addressed, as well as the comments from FFWCC that were incorporated into the District's Request of Additional Information. Please ensure also that the District is reviewing your latest site plan submission dated 11/8/06. 3} Please forward your DEP approvals 4) Please forward from FFWCC and USFWS letters arming That there aze no protected species on the properties. Respectfully, Rebecca Grohall, AICP Director c: Al Minner, City Manager Rich Stringer, City Attorney (~ , ~ ° City Council 53 ,~ji(L~ Y~l(..~ 54 Jan Kin .. , . ... .. . From: Jan King Sent: Tuesday, January 16, 2007 4:03 PM To: 'brucem@mbveng.cam' Subject: Paradise Marina Site Pfan Please provide 6 additional sets of the Paradise Marina Site Plan submittal dated 11-07-06. Jan ~5 ' G~Ca.~ 5~ cmoF ~~ ~~ ~~~~ HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 1/16/07 Damien Crilliams 1623 US Hwy-1 Sebastian, Fl. 32958 Mr. Gilliams, I regret to inform you that the Electrical sub-permit issued to you on 12/18/06 for the installation of 31 electrical pedestals to provide power to 49 boat slips at 806 Indian River Dr. was issued in error and is hereby revoked until further notice under Florida Building Code 105.4.1 and City of Sebastian Ordinance Sec. 26-85. The electrical dock permit should not have issued for the following reasons: • The electrical plans were not stamped approved and therefore you did not receive an approved plan when you obtained the permit. The plans submitted for permit show the service is over $00 amps and requires a raised seal from the professional engineer that prepared them in accordance with FBC 105.3.1.2 and 106.1. • The existing site plan approved on 10/17/96 only allows 15 full-service boat slips that will utilize 5 parking spaces on site, and 10 transient boat parking slips for the restaurant that do not utilize any parking. This makes a total of 25 boat slips that was approved for use. In May of 1997 Resolution R-97-27 was adopted governing the restaurant at 806 Indian River Dr., and incorporated all of the conditions from this approved site plan. I .spoke to you by phone on 12/21/06 to arrange for a meeting to discuss the problems with your electrical dock permit application. This was three days after the permit was inadvertently issued, therefore you should have not relied on this permit as permission to proceed with the work. At that time you told me that you would not be able to meet with me until after the holidays. Only after we met after the holidays on 1/9/07 to discuss the permit application did you reveal that you had obtained the permit from our Permit Technician. Because you were the representative for the property at the public hearings concerning the 1996 site plan, you were aware that only 15 full-service slips were permitted. Your application to provide electrical service for 49 boat slips could not have been made in good faith. Because of this, and your actual knowledge that the permit application was problematic, you have proceeded at your own risk in reliance on a permit that you knew was not properly issued. You may resume work under this electrical permit upon approval of corrected plans showing electrical pedestals that will serve a maximum of 15 boat slips as previously approved under Resolution R-97-27. If you desire to utilize the remaining boat slips, it will require a site plan modification approval and/or "An Equal Opportunity Employer" Celebrating Our 75th Anniversary an of ~~~ ~ _~; ~~!~ HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 action of City Council to modify the provisions of the Resolution, the Code, or both. Please contact Rebecca Grohall, Growth Management Director, for the procedures required to modify your current approved site plan from 1 Q/ 17/96. Thank you for your cooperation in this matter, if you have any questions to the above directive please feel free to contact me at my office at 772-388-8235. Sincerely, Wayne Eseltine, CBO Building Director City of Sebastian Attachment: Resolution R-97-27. CC Al Minner, City Manager, Rich Stringer, City Attorney, Rebecca Grohall, Growth Management "An Equal Opportunity Employer" Celebrating Our 75th Anniversary Run: 1/18!07 CITY OF SEBASTWN, FLQRtDA 4:40PM Building permits for Selected Property Property 806 INDIAN R1VER DR Page: 1 AI} Permits' ~~-rr~~` ~ ~~-~~ V ~~+r Permit Issued Permit Type Work Type Fees 05-001836 2/11/2005 COMMERCIAL ALTERATION MISCELLANEOUS 356.00 ~-~" Z~~ REPAIR DOCK & DECK Contractor: HOMES HOMEOWNER- *** 9600047 BUILDING COMMERCIAL Work Class NEW 0.00 FOUNDATION PILES ONLY FOR PROPOSED RESTAURANT Contractor: MULLERWECONCEPT HOMES, INC. 7355 - 35TH COURT 9601529 BUILDING COMMERCIAL Work Class NEW 0.00 RESTAURANT FACILITY 9601530 PLUMBING COMMERCIAL Work Class NEW 0.00 PLUMBING FOR RESTAURANT Contractor: DURRELLDMAXWELL PLUMBING CONTRACTORS, INC. 1146 MIRACLE MILE 9601531 ELECTRIC COMMERCIAL Work Class NEW 0.00 ELECTRICAL FOR RESTAURANT Contractor: RICHMONCWHITE ELECTRIC 645 - 3RD PLACE 9601532 MECHANICAL COMMERCIAL Work Class NEW 0.00 MECHANICAL FOR RESTAURANT 9700015 MECHANICAL COMMERCIAL Work Class NEW 0.00 GAS TANK AND PIPING FOR TIKI BAR AND RESTAURANT PER SITE PLAN Contractor: HOSKINSTFERRELLGAS 4103 BANDY BLVD. 9700767 COMMERCIAL ALTERATION Work Class NEW 0.00 WATERFRONT DECK Contractor: MULLERHECONCEPT HOMES, INC. 7355 - 35TH COURT 9700922 MECHANICAL RESIDENTIAL Work Class NEW 0.00 INSTALL REFRIGERATION EQUIPMENT IN WALK-IN COOLER ERECTED BY OTHERS*~" 9701079 COMMERCIAL ALTERATION Work Class NEW 0.00 FIRE SUPPRESSION SYSTEM FOR RESTAURANT Contractor: MORSEDOiAA FIRE EQUIPMENT 532 COLORADO AVENUE 9002658 ADDITION -COMMERCIAL Work Class NEW ~" ° 0.00 (Q DOCK (RENOVATE EXISTING DOCK AND ADD FINGER PIERS) ~ q Contractor: HUGHIIIJ CUSTOM DOCKS MARINE CONTRACTOR'S, 1900 S. ATLANTIC AVE. wont cuss SIGN- 1 Contractor: HOMES HOMEOWNER- **• 9800250 SIGN PERMIT Work Class NEW 0.00 WALL & FREESTANDING SIGN Contractor: HOMES HOMEOWNER- ~~' 9101024 ELECTRIC COMMERCIAL Work Class NEW 0.00 ~~jg ~ NEW SERVICE AND DOCK OUTLETS Contractor: GUYTIMOTGUYCO ELECTRIC, INC. 118 FRIAR COURT 9801179 MECHANICAL COMMERCIAL Work Class NEW 0.00 HOOD VENT FOR FEY'S LANDING RESTAURANT 9801180 MECHANICAL COMMERCIAL Work Class NEW 0.00 GAS TANK & PIPING TO FEY'S LANDING RESTAURANT EQUIPMENT Contractor: HOSKINST FERRELLGAS 4103 BANDY BLVD. 9102025 SIGN PERMIT Work Class NEW 0.00 FREE STANDING SIGN Contractor: HOMES HOMEOWNER- ""* 9802122 PLUMBING COMMERCIAL Work Class NEW 0.00 RELOCATING PLUMBING FOR BAR Contractor: SNYDERRBSNYDER PLUMBING 1525 OLD DIXIE HWY. 9802133 COMMERCIAL ALTERATION Work Class NEW 0.00 RELOCATING NON-BEARING WALL ~~ ~~~ ~~ ~~ Run: 1/18/07 CITY OF SEBASTIAN, FLORIDA 5:03PM Building Permits for Selected Property Property 806 INDIAN RIVER DR Page: 2 All Permits. Permit Issued Permit Type Work Type Fees Contractor: HOMES HOMEOWNER- "*" 06-000527 1/23/2006 COMMERCIAL ALTERATION VOID 0.00 ~- Zov~ (permit voided n 10 .REPAIR DECK & DOCK STRUCTURES ~ ~ /' ~~ ° Contractor: ES HOMEOWNER- = ** ~-, ~.(~ r-e ~i-- ~Wr~ if' ~. t-~w~~Y 155Uec . ~ ~/ ~ MISC LLANEOUS 06-000529 1/23!2006 COMMERCIAL ALTERATION 109.00 REPAIR OLD BAR & BOX AROUND AIR HANDLER Contractor: HOMES HOMEOWNER- -"`** 9201564 SIGN PERMIT Work Class NEW 0.00 SIGN Contractor: HOMES HOMEOWNER- ""`• 06-001185 9/10/2004 ALTERATION RESIDENTIAL MISCELLANEOUS 0.00 DRYWALL AND SIGN OUTSIDE Contractor: HOMEOW~HOMEOWNER 06-001282 2/23/2006 MECHANICAL COMMERCIAL MECHANICAL 120.50 REPLACE EXISTING LP TANK Contractor: SMALLEY AMERICAS 425 U.S. #1 06-001329 4/25/2006 COMMERCIAL ALTERATION MISCELLANEOUS 374.00 ADD AWNING FOR DECK AREA Contractor: STRNADNESTRNAD CUSTOM BUILDERS, INC. 4040 PEPPER TREE STREET 9402065 SIGN PERMIT Work Class NEW 0.00 POLE SIGN Contractor: HOLES HOMEOWNER- *"* 01-001410 COMMERCIAL ALTERATION Work Class NEW 0.00 .,~ ZED f DOCK REPAIR -DECKING ONLY Contractor; STRNADNESTRNAD CUSTOM BUILDERS, INC. 4040 PEPPER TREE STREET 06-004365 11/30/2006 COMMERCIAL ALTERATION MISCELLANEOUS 178.00 REPAIR SEAWALL*"" 43 FT. Contractor: HOMEOW~HOMEOWNER 06-004805 12/18/2006 ELECTRIC -SUB PERMIT ELECTRICAL 5.00 REWIRE-PEDISTAL-DOCK Contractor: HOMEOWI~HOMEOWNER Number of permits printed: 29 1,182.50 ~~ -C~~~ u~ L~~ crrv:~. . .. HOEVI:E ipF PEL[CAN:I~CAf1VD B.UILDIN:G DEPARTMENT 1225 MAIN STREET • SEBAST]A.N; FL RIpA32958 TELEPHONE: (772) 589=5537 -'F ( 2) 589-2566 OWNER/BUILDER P R IT APPLICATION ALL OFTtH/E FOLLOWING MUST BE FILLED `IN, BY APPLICANT, ACCORDING TO FS 713.135 PERMIT # ~~ -~O `~ OS- TRACKING # -f1 DATE: ~ Z _ ~' ~/ INDIAN RIVER COUNTY PARCEL ID # RECEIVED BY: -~L LOT: BLOCK: SUBDMSION: FLOOD ZONE: TYPE OF WORK: NEW ~ ADDITION ~ ALTERATION ~ REPAII2 [~ DEMOLITION WORK INCLUDES: STRUCTURAL [~ ELECTRICAL ~ PLUMBING ~ MECHANICAL ~ ROOFING ~ OTHER WORK DESCRIPTION: ~~ l~~ r r-t - ~ D r .5 ~'"~- L-- *- ~ CMG ESTIMATED JO~~B//11VALUE: $ ,Z ~ ~ ~~ G~'TOTAL S/F UNDER AII2 JOB NAME: ~"r~"~9/-~'~'~ (,~ t jf r a~ f" - ~ ~ ~ ~ i~'~4- JOB ADDRESS: ~f ~ ~ ,.--~~ ~ ~ ~~ K ` ~ ~ ~ > ~ ~/¢ f T i lr,`, ~~- ~/~,~ /~ ~ / NAN)(E: ~-~`~~r-P , ~y7f ! ~f N--i,,~ PROPERTY OWNER'S S ~` ~~' ` 7 PHONE: ~ ~ ~ ~~ _ ~{ ADDRESS: 8'~~~ ,.LFZ i y- -n/ f fi~/'2 CITY/STATE: ZIP CODE ~~~ ~,, CONTRACTOR: ~z .~~~ ~ f LICENSE #: ADDRESS: PHONE: CITY/STATE: ZIP CODE ARCHITECT/ENGINEER: PHONE: ADDRESS: CTTYISTATE: ZIP CODE: PRESENT USE: PROPOSED USE: OCCUPANT LOAD: NUMBER OF: STORIES ~ BAYS ~ UNITS O BEDROOMS ~ HEIGHT TYPE OF CONSTRUCTION: OCCUPANCY TYPE : AREA IS THE BUILDING PRESENTLY EQUIPPED WTIH AN AUTOMATIC FIRE SPRINKL ER SYSTEM? YES ~ NO BONDING COMPANY: PHONE: ADDRESS: CITY/STATE: MORTGAGE LENDER: PHONE: ADDRESS: CITY/STATE: FEE SIMPLE TITLE HOLDER: PHONE: ADDRESS: CITY/STATE: ~3 ~~ U/ I j ~. ~ ,o~ a ~o Qo ~. ~ ~ .~ ,~ °~ ~ ~a -~ =o o,~'' ~c ^y .. ~~ ~ ~~ o " \~_~~ ~~ s° a c ~~ ~, N :~ ~i it I I,' ~~~~o~ ~. ~aa'-~'~ j~ }ti N ~I ~I II Li o o ; ~o -~-----.~ ~I I, ~I Ir I I• c i i __/ Oi~ ~ ~ ~;' ti I I~ II I i~ll~~ I~ I I I D `N I ~~ II II ~~~ ~_ ~~ I w ~,~ ~ JI -'------~- o Cj ~ .~ ~~ ' ~ ~~ I' _ I I, Ili o ~ i lI ---~-Q ~ "_ ~ ~ --~ '`' II i ~= ~: ~~~~___~ ca- -~ --' ~--~ I i ~-!-------~ III ~,~ ~I ~~ -- --------~~r---'O -LJ] ~I~ '~ -2a ~ ~ ~ ,. -o- - .__ -_.~o-- __ ---, ~j ~' ~ ~ .~ `~ ~° ~, ~< ~ ~ 1 N ~ N G :a oao`~ ~~ ;. ~.~ c= o ~ o ~~ ~~ a a o^ ~, ~ o= o,^~ .~ o ~~~ .o ~ ~~ .~ ti a ti ay ~~ ~ 2 ~~ ~~ ~ ~ ~~~ ~ c'' o c ~„ o~ ~~ a ~~~~~~c~ ~ y ~~~ o~ ~a o 0 oz~m o o ~m• ~= •_ _ ~ ... _._, v.- _ ~ ~ ~, HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 -FAX (772) 589-2566 E-mail: ci~cifiyofsebasfian-org . APPLICATION FOR BUILDING PERMITS Compiete All Items In Secfions (, 11, III, !V, Y I. LEGAL DESCRIPTION: LOT BLOCK SUBDIVISION - UNIT _ CONSTRUCTION ADDRESS: ~- ~ , INDIAN RIVER COUNTY TAX PARCEL #: _ _ ~L- II. CONTRACTOR- ~~/~~~~~' ~=~'~ ~~-~`2'S ADDRESS: "f ~ `Z- Zj ~'~~ / ~ , STATE t"(--~ Z1 P: ~j Z-`J~~~ STATE orSEBASTtAN REGISTRATION # PHONE: CITY: ~C_.~~fi /rl-.v III. OWNER OF PROPERTY: - /~r~y~(-~ C~ t ~~~ i~.,.,_ - j // ~~ f ~, , .r ADDRESS: / ~ ~' ~ ~~ -'-fiC~ `~ ._ / CITY: ~L`~J~..I ~~.?J STATE: DAYTIMEPHONE-NUMBER: `~~~s / ~~/v ~ ZIP: ~Z-~~~ IV . TYPE OF WORK: NEW ADDJALT. -REPAIR DEMOLITION _ - RESIDENTIAL: COMMEP,CIAL: `~ MULTI-FAMILY: DESCRtPT10N OFWOR ~~-''~~f~'~ ~E3~~~ "f "~~' PUBLIC SEWER YES NO PUBLIC WATER: YES NO TOTAL SQ. FT. = Conditioned: + Non-Conditioned: POOL GALLONS: ESTIMATED FAIR MARKET VALUE: ~ V . TOILETS BATH TUBS TUBlSHOW ER SHGUticR i-~iTCriEN SINK WELL ~ LAVATORIES D[SPOSAL WATcR HEAT=P. WASHING MACHINE 'r-i00K UP LAUNDRY TUB HOS= BIBS DISH's/AS~-IER SERVICE AMPS TEMP, SEP,V.ICc OUTLETS 1 S1 TC~iES _ A/C TONP.GE HEP.T STRIP APPLICANT MUST COMP~_~TE PAGr TW i ~, o ~~ - ~ ~~ .'LIGATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS ~DICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE. (SSUANCE OF A PERMIT, AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION, INSURANCE, AND WORKMAN'S COMPENSATION. I UNDERSTAND THAT A SEPARATE SUB-PERMIT MUST BE OBTAINED FOR ELECTRICAL, PLUMBING, MECHANICAL, POOLS, ETC. _...,.,, PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS, SIDEWALKS, AND CURBS DAMAGED DUE TO THIS CONSTRUCTION SHALL BE REPAIRED TO.THE SATISFACTION OF THE CITY ENGINEER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. OWNER'S AFFIDAVIT: l CERTIFY THAT ALL THE FOREGOING INFORMA710N 1S ACCURATE AND THAT ALL WORK WILL BE CONE IN COMPLIANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND ZONING. '"`WARNING TO OWNER::..--YOUR FAILURE TO RECORD A NOTICE OF COMMENCFMFIVT MAY RESULT IN YOUR PAYING TW~~ FOR IM OVEMENTS TO YOUR PROP ."-`-~'~' OU INTEND TO OBTAIN FINANCING, CONS~LT WITH YOU LENDER OR AN ATTORNEY EFORE RECD DING YOUR NOTICE OF COMMENCEMENT). ~A N.O.C. IS QUIRED FOR ALL JABS-VALUED T S2, 500 O ORE. SIC-NATURE OF OjWNER O GENT DATE: ~~ / ~ ' NOTARY AS TD::OWNER OR AGENT MY COMMISSION EXPIRES: Notary Seal: SIGNATURE OF DATE: R NOTARY AS TO CONTRACTOR MY COMMISSION EXPIRES: Notary Seal: . L_ OO NOTtWRIT/E~~,,BELOW TH15 LINE -OFFICE USE ONLY BUILDING PERMIT # C~ ~~~ I ~~`~'" ZONING T,c~# ..~-- _ APPLICATION RECEIVED BY: ~ t ~i'~-------..DATE: ~' / ~ ~/_.~ PAYMENT:. ;~~ '~~ ZONING REVIEWED BY: PLANS REVIEWED BY: I SSUANCE BY: ~~, It ~~ COMMENTS: FEES PLANS REVIEW FEES BUILDING PERMIT PLUMBING PERMIT ELECTRICAL PERMIT MECHANICAL PERMIT ~~ RADON {STATE) REC. IMPACT FEES TOTAL FEES 5 ~ ~~ $ ... ~L ~~~ ~~ .~uutfa i llfLV ~y,- -__--__ APPLICATION FOR PERMITS ._ ------------------ ~ ~__~~-SID ___________APPICANT-.TO-COMPLETE-ALL-ITEMS-IN-I,-II. III, IV, V I• LEGAL DESCRIPTION: LOT BLOCK -- S/D CONSTRUCTION ADDRESS : ~(~ 'i'-r<r~ ~.~...~ ' i? ,-.,, . _ ~., ~_1_ _ -.L. _ ' CSI ._ _ _ _... INDIAN I;IVER COUNTY TAX PARCEL #: - _ _ _ _ I I . CONTRACTOR : _ I^~l.~ tGQ~~~~, ~ .~~~ PHONE : ~~-~~~ ADDRESS: I~~ 1"~1~1'` ~', CITY cp~~~,, STATE: ~~. ZIP: STATE REG ~: ~f)~((~~,j III. OWNER OF PROPERTY: ADDRESS: ~~ ~ ~~ ~ )p CITY: {{~~ ST : -h~. DAYTIMi; PHONE NUMBER: J~j~-~t.V~~Z(~ ZIP: IV. TYPE OF WORK: NEW ~_ ADD./ALT. REPAIR DEMOLITION RESIDENTIAL: COMMERCIAL: ~_ MULTI-FAMILY DESCRIPTION OF WORK: ~~~ ~C'/"/~`L~ ~' .DCJ C, jC..,r S PUBLIC SEWER: YES NO ~ PUBLIC WATER: YES NO~_ TOTAL SQ. FT. = CONDITION + NON-COND. ESTIMATED FAIR MARKET VALUE $ ~ ~ ~~ ~g ~ ~ , ~~ ____________________________________________~_______====Pe, ~. ~`r =_______ V. TOILETS BATH TUBS TUB/SHOWER SHOWER KITCH.SINK WELL LAVATORIES DISPOSAL WATER HEATER WASH.MACH.HOOK-UP LAUNDRY TUB HOSE BIBS DISHWASHER SERVICE AMPS ~~ TEMP. SERVICE OUTLETS/SWITCHES A/C TONAGE HEAT STRIP , APPLICANT MUST COMPLETE PAGE TWO AND SIGN PAGE THREE PAGE ONE ~~ • PAGE THREE APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS. COMMENCED. PRIOR TO THE ISSUANCE OF A PERMIT, AND`THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION, INSURANCE, AND WORKMAN'S COMPENSATION. I UNDERSTAND THAT A SEPARATE SUB-PERMIT MUST BE OBTAINED FOR ELECTRICAL, PLUMBING, MECHANCIAL, POOLS, ETC. PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS, SIDEWALKS, AND CURBS DAMAGED DUE TO THIS CONSTRUCTION SHALL BE REPAIRED TO THE SATISFACTION OF THE CITY ENGINEER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. OWNER'S AFFIDAVIT: I CERTIFY THAT ALL THE FOREGOING INFORMATION IS ACCUF,ATE AND THAT ALL WORK WILL BE DONE IN COMPLIANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND ZONING. WARNING TO OWNER! YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COM NCEMENT. SIGNATURE OF OWNER OR AGENT SIGNATURE OF ONT R DATE: DATE: (Q~(`-C~~ /''~J -. NOTARY AS TO OWNER OR AGENT TSOTARY AS TO~C RACTOR •°-----~ -,.i Pr MY COMMISSION EXPIRES: MY COMMISSIOI~n~~~•PUBi.I~ SIA7E OF ~l.ORI~A _________________________ AEaIiUCD Tf;RU ~~~l~rdtl DO NOT WRITE~j'BELOW THISl.~LINE / OFFICE USE ONLY BUILDING PERMIT # / ~ ~' ~ ~ I ZONING TAZ APPLICATION RECEIVED BY PLANS CHECKED BY: FLOOD ZONE: DATE ~/ ZS/ `l ~ FEES PD. ISSUANCE BY• ~~~ SLAB SURVEY REQUIRED: ----------------------------- FEES BUILDING PERMIT PLUMBING PERMIT ELECTRICAL PERMIT MECHANICAL PERMIT RADON (STATE) OTHER S TOTAL FEES $ ,syp ~'~ ~; .+~ r v ~, z - ~(J O _ ~ N~ ~ Nl i -~ N o ~ I ~ d ,.. ~ ~ \ L: N ISl ~ I I ~ ~ p, ~ Q ~ - _ ~I~ '~ /` fA ~ i ~ N ~ _ .~ ~ -{ _ ~ . , o ~h {{ - -(N (A 1 ~ N A` 0_ y ~ 7~ 'Q N ,~ ~ I ~ ~ ~ A ~ ~ ~--- ~ I I ~ n i ~ o ~ - -~ -C= -- _ ~r- \ ~ _ ~-_ _ --~4 Mfr --E~- ~ .p 1 .~ ~ I I - Z `" N ~ ®! ~ ~ I I t~ ~ Igl ~ ~ ~' N ao ~ i N z< ~ .~ o- --T~a - - -- ..- ~ . _ _ 3-- ~.,~. _. _ r ~ ~ , , ~Sh N .~~ N i I .d :aN ~ a; I I :~N o ~~ o~ ~ ~ ~o ~ ' ~ ~ I I z ;Q ~ ` o m ~ ~ . _~-__ __ _~ ~ ~ ~ ~ ~ ~ , , ~s~ z o ~ I ~, `0 ~ N~ ~ I I ro Woi 0 o .~ N ~, ~ ~ t ro ~ ~~ ~ N ' U ~P , ~ ~ N ~ I ~ N w ~D ~ N I w ~ ~ J ~ ~ .~ £~ .z. ~ ~ I i ~ ~ ~ ~ ~ ~ /~ 1 N ~ ~ i ,~~vl O p ~ I, ~ S~ ~ O ~ p ~ I~,s-~z N ~? 1 Q N I N I I I ~ ,~ ~ i ! ~ ~ 1 ~~ O ~ - J --- - ~ Via. -~~ ~ c- ~`~ ~~ _a~ ~ i i 4' ,g'~`J ~ ~ ~ N _ I I _ ~ N .~ fA ~ i, i Z N~ G ~ ~ ~ t ~ N ` ~ __ _ ~ ~ N ~ -~' ,~~z~ r ~ y ~ ~ ~ 'il O ~~ O ~ ~ j ~ p ~ N p ~ ~ ~ ~ ~ ~ ~8 ~ ~ ~ C- _ O ~ ~ ; '-~ "'~' ~'1 ~ ~N N ~ I i ~ ~ N C ~ f .~ N ~ 1 I' ~ ~ N N N I I .~ N I ~, C -, N ~ ~ I ~ ~ N .r -~ ~o m , ~ ~51 ,i'S1 2'Sl L'~I U1 4 0 -- .~ p CITY OF SEBASTIAN ~'f ,~~ 7~ APPLICATION FOR PERMITS `~ ~~~ V~~~~ LEGAL DESCRIPTION: LOT BLOCK UNIT SUB METES & BOUNDS ocoa h,FL CONTRACTOR Custom Docks,IncADDRESS 1900 S. Atlantic Ave~-.f PHONE407/783-5920STATE REG. # CGC01956' OWNER OF PROPERTY iC'~~Cll"~~ ~'P_l 1 ADDRESS ~~~~i`~ 1~~~ ~li~. PHONE .~`~~rl ~-~n(n~r>n PUBLIC SEWER: YES NO PUBLIC WAT R:~ YES I ~ ~ NO TOTAL SO. FT. TYPE OF WORK NEW DESCRIPTION OF WORK ADDITION SO. FT. NON-CONDITIONED AREA REMODEL Ir'1- ~ Gl< ZONING CLASSIFICATION ~°~ ~~, /-~ FAIR MARKET VALUE =.~1)~L-~--' < 1.-~~ ADDRESS OF CONSTRUCTION SITE ~in~o J.JId Ic~1/l ~t 1Xc REPAIR _ `'b~~ ~,/ ~~d~: n.~c'~5 FLOOD ZONE `-' ' (FINISH FLOOR LEVEL MUST Bfi A MINIMUM OF 18 INCHES ABOVE CROW N OF ROAD) ~ _ r ~-., ..~... ~ , FEES BUILDING $ ~C3 / • .0~ PLUMBING $ ELECTRICAL $ MECHANICAL $ RADON $ ~~~ OTHER $ TOTAL FEES S ~ ~7- ~~ NOTICE If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire. If the work described in any building per- mit has not shown steady progress within any six (6) month period or has not been substantially completed within two (2) years of the issuance thereof, said permit shall expire. There is a legal obligation by the Owner and/or Builder on this property to comply with the deed restrictions filed of record. Deed restrictions for plats often require approval of the sub- divider and/or appropriate property owners's association. BELOW ATTACHMENTS MUST BE INCLUDED AT THE TIME OF SUBMITTAL. 1. TWO SETS OF CONSTRUCTION DRAWINGS (3 IF COMMERCIAL). 2. TWO SURVEYS SEALED BY LAND SURVEYOR. IMPROVEMENTS MUST BE DRAWN TO SCALE ON SURVEYS. A MINIMUM AMOUNT OF TREES (EXISTING OR PROPOSED, MUST BE INDICATED ON SURVEY. SEE SECTION 20A-13.2 L. D.C.). 3. H.R.S. SEPTIC AND WELL PERMIT IF APPLICABLE. 4. TWO COPIES OF NOTICE OF COMMENCEMENT. 5. RECORDED WARRANTY DEED. 6. TRUSS LAYOUT PLAN BY TRUSS MANUFACTURER, IF APPLICABLE. (Sealed Truss Plan must be on the Job for Framing Inspection). 7. ENERGY CALCULATIONS ON PRESCRIBED FORM BY STATE OF FLORIDA. 8 PLEASE INDICATE THE FOLLOWING PLUMBING FIXTURES ELECTRICAL TOILETS LAVATORIES SERVICE AMPS BATH TUBS GARBAGE DISPOSAL TEMP SERVICE BATH TUB W/SHOWER WATER HEATER OUTLETS/SWITCHES SHOWER WASHING MACHINE HOOK-UP A/C TONAGE KITCHEN SINK LAUNDRY TUB A/C HEAT STRIP DISHWASHER HOSE BIBS WELL /_ l~ CONDITIONED AREA SG.FT. -- -- - - r`/IRA~1 CTC ~C\/C~CC CHIC AC wool 1/~ATI/IAI I_"_~ SUB-CONTRACTORS NAME STATE REGISTRATION NUMBER , SEBASTIAN COMPANY NUMBER ELECTRICAL PLUMBING ROOFING HARV ALUMINUM STRUCTURAL ALUMINUM -NON-STRUCTURAL CARPENTER DRYWALL CONCRETE/MASONERY INSULATION LATHING AND PLASTERING PAINTING EXCAVATING, .CLEARING GRADING FILL SEPTIC WELL OTHER ALL OF THE ABOVE SUB-CONTRACTORS MUST BE LISTED WITH STATE REGISTRATION NUMBER, CERTIFICATION NUMBER, OR SEBASTIAN COMPETENCY NUMBER, DEPENDING ON CONTRACTOR. FAILURE TO COMPLETE IN ITS EN- TIRETY WILL DELAY YOUR PERMIT. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION, INCLUDING ANY DEVIATIONS FROM APPROVED PLANS. .7 ~ ~~~ ~ C~~~ ~-~ ~ ~ ,r ~-ao____ 1 t d ag I ~ y Signature of Contractor or Owner-Builder Date FAILURE TO COMPLY WITH THE MECHANIC'S LIEN LAW CAN RESULT 1N THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS. ~ , Application Taken By: Plans Checked By: s ce Approved By: Date Received: jf; VCS Building Permit No. Q HOME OF PELICAN tSIAND 1225 Main Street Sebastian, Florida 32958 I, Sally A. Maio, MMC, do hereby certify that the attached is a true and correct copy of Resolution No. R-97-27, however, the adoption date is incorrect. The resolution reflects an adoption date of May 7, 1996 when in fact the Resolution was adopted on May 7, 1997 as indicated in the attached May 7, 1997 City Council minutes. Signed and sealed this 16th of January, 2007. Sally A. Mai MMC City Cle City of Sebastian J 1~~~~-cam, ~~ RESOLUTION NO. R-97-27 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER .COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIlVIENTIAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE .PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PART5 OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Richazd Fey has applied for a special use permit for outdoor restaurant use on a dock at 806 Indian River Drive; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has considered this application and has found that the requested special use permit is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general commercial zoning district and the use is similaz with the uses allowed in such a district; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has recommended approval of the requested special use permit, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORRA, as follows: SECTION 1. FINDINGS OF FACTS: The City Council of the City of Sebastian, after considering the evidence presented at the hearing, finds as follows: 1. The requested outdoor restaurant use on a dock at 806 Indian River Drive is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity; and, ~3 2. The proposed use is consistent with the purpose and intent of the general marine commercial zoning district and is similar in nature and compatible with uses allowed in such a district. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Mr. Richard Fey for outdoor restaurant use on a dock at 806 Indian River Drive. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: A. .That the restaurant seating, indoors and outdoors, is limited to 105 seats. ' B. This special use permit does not allow other non-water dependent uses such as bands, dancing, azcade games, etc. C. All of the requirements of the site plan approved by the Planning and Zoning Commission on 10/17/96 shall be complied with. SECTION 4. SEVERABII,ITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appeazs that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 5. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 6. EFFECTIVE DATE: This Resolution shall take effect immediately upon is adoption. The foregoing Resolution was moved for adoption by Councilmember T ~ _ The motion was seconded by Councilmember c~1 ,,^_ and, upon being put into a vote, the vote was as follows: 4 Mayor Walter Barnes Vice-Mayor Richard Taracka Councihnember Louise R. Cartwright Councihnember Larry Paul Councilmember Ruth Sullivan The Ma or thereupon declared this Resolution duly passed and adopted this day of 1996 City of Sebastian, Florida By:~~~ ~n.~° Walter Barnes, Mayor '~ T: Kathryn .O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: _ - %~ , `•-. - ~ _ `_ C~ Valerie Settles City Attorney ~,I ~5 i~C~„ram Special Ciity Counc~ Meeting :.... ~.. _ .. .:.. . . May 7,1997 Page Seven ' 97.130 B. Co~~Ft i'ublie Hearing on Application for Special Use P~it2sLAi1~ QgtgiciQ D'inj~al a Waterfront Restaurant at 806 Indite RiY~x I~rim+Q in GMG (General Marine Commercial) honing District - CorZSi~gr Adal?ti~n of Resolution No. R 97-27 (Director of Community Development Transmittal.~(],L9I.R 97-~7~ StaffReport, Application, j,ocation Map} ~ . A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIMENTAL TO THB P'LTBLIC SAFETY, H[.ALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THB GENERAL COMMERCIAL MARINE COMMERCIAL zON1NG DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT' SEATING ON A DOCK AT 806 INDIAN•RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDWC3 FOR AN EFFECTIVE DATE,,,. . Mayor Barnes opened the public hearing at 8:36 p.m., and the City Attorney read Resolution No. R 9?-27 by title. The City Clerk swore in all those who intended to o1Ter testimony. The Director of Community Development gave staff report (see attached). TAPE II - SIDE I (8:50 p.m.) The Director of Community Development continued his report and in closing, recommended approval with certain conditions as stated in the report and an addition to condition 4 "or as amended". In response_to.City..Council questions, he laid all.neyv development in the Riverfront'area will have to meet FEMA requirements; that there are a total of 42 parking spaces for the site; and said there was a provision to allow narrower parking stalls. Mrs. Sullivan said she was concerned about parking and did not want to see off-site p~n~ . Bruce Cooper, Bruce Cooper Consulting, representing Richard Fey, said for the record that the 1991 approval was conceptual only, distributed the TRC developed itr 1994 for the site plan approval (this document did not come back to the City Clerk); requested that the 105 seats be provided throughout the restaurant including the deck and said Mr. Fey is willing to provide valet parking oil site. He said for the record, FEMA requirements for this property have been the same since 1990. He then distributed copies of letters from Mr. Fey's attorney Gregg Casilino, Esq. dated May 6, 1997. C~ 7 I Special City Council Meeting ;. •... May 7, 1997 .. , ...~ ......:. .. Page Eight The City Attorney filed an objection to the Casilino letter being entered into the record, stating that the applicant is illegally estopped from bringing out the issue of whether or not a special use permit is needed, since the applicant agreed to pursue the special use permit.. IVir. Cooper said, for the record, Planning and Zoning approved the plan in 1994 and a building permit was issued allowing the deck to be elevated; said the deck did not qualif~+ as a structure to meet setback requirements; and requested that Cauncil allow entertainment on the deck without applying for a special use permit In response to Council questions, Mr. Cooper said hours of operation have not been established; approximately seven employees will be used; and said he objects to conditians C and D. ~. ~. The Director of Community Development said valet parking as mentioned tonight would . ,; not be altawed under the Code. Richard Fey was sworn in by the City Clerk and said resin tables will be used and that there will be security on site. . • Proponents who spoke were: Damian Gilliams,1623 US 1, Sebastian. . TAPE II • SIDB ~I (9:37 p.m.) . . Gilliams continued his Q,pp~~ ~-hp gpoke were: . Leonard Bassi, S73 Browning Terrace, Sebastian questioned Mr. Cooper's occupational license. The City Attorney said testimony has to be limited to credibility of a witness. The Director of Community Development read excerpts of a~letter of objection from Alan French to the Planning and Zoning Commission into the record. . Mayor Barnes opened and closed the public information period. . The Director of Community Development reiterated staff report and in closing, recommended approval with certain conditions as set out in the resolution. r: 8 7$ . Special City. Council Meeting . .. .. .... .. .. ...:: - . May 7,1997 ~ . Page Nine Mr. Cooper reiterated the applicants' request for 105 seats and to allow service to all patrons sitting or standing and to allow entertainment on the deck. Mayor Barnes closed the hearing at 9:45 p.m. Mayor Barnes disagreed with condition B, whereby "all service shall be seated, i.e., no service to patrons standing in the restaurant or on the deck", stating it would probably be unenforceable. The Director of Community Development concurred but said parking was the critical issue. The City Manager agreed that parking was a critical issue on the Riverfront and stated . ~ ..that many waterfront areas have problems with outside music because the noise carries. Mr. Cooper asked that unamplified music be allowed on the deck, however, the Director of Community Development objected since this was not applied for. Mrs. Cartwright objected to music outdoors•and disagreed with condition B. Mr. Paul questioned the environmental impact of serving on the deck. MOTION by Taracka/l'aul I move to approve Resolution R-97-27 with conditions A, C and E. ROLL CALL: Mrs. Barnes -aye Mr. Taracka -aye Mrs. Cartwright -aye • Mr. Paul -aye Mts. Sullivan -nay MOTION CARRIED 4-l (Sullivan -nay) • 9 ~~ Special City Counal Meeting ~y ~~ 1x97 :... ... Page Ten C• Rion No. R-97-30 -Vacation ofEasement The City Manager briefly explained the matter and the City Attorney read R-97-30 by title. MOTION by Cartwright/Taracka I move approval of Resolution R-97-30. ROLL CALL: Mr. Taracka -aye Mrs. Cartwright -aye Mr. Paul .aye Mrs. Sullivan -aye Mr. Barnes .aye . ~: . MOTION CARRIED 5-0 5. Being no further business, Mayor Barnes adjourned the Special Meeting at 10:21 p.m. Approved at the . ~~_G[ ~a J , 1997, Regular City Council Meeting. J alter W. Barnes Mayor ~~~, Kathwyn l~ o'Hallara-~ CMC/AAE City Clerk IO ~~ .~ / - .. , .. ~ '~6. _.~~ ~ 4,., '~ N n : - ~ ~C~ - ' ~' V .< ~ - ~ ~ ,. r ~ ~ - ~ ~ ~~ ., -l ~. ~ , ,.: ~ e ~ ~ ~ ~[q( ~ ~ .~1h1N rye' ~ ~i~' , ~ ~~ ~ V ~. 9• W. X ~ .G " ,mot .. I~/J ~11 ~"r "~... l!!1 •r + _ +:h 1 r a2' w i m / . ll. 1 ... ~p •~ . .. /'v ~~ ' J - ~- a ti r ~ ;,r _ ~ O e. u f .. ~ ~' h. .] ' r ~,x r ( , ,• -, :' ~ . •: t ., r K. tf 1 a ~ 1 .. 1. .. r y _ ~.. ~. ..:. ~~'~' .+.iI ,Q'~. +f,~'. ~~ ~/..~ tLr .+7. 3t'~iti sir.' -r+ ..~ .~.r :.:. .a.. ~~ y~ ,_ , 'h~+ ~._ ~~py,,~ ~ . . 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J ,' ~ ~ .. ~. ! . : ' ; {~ ~.'i ~ , _ .,~. ~' R -. r ~ .:.v , ~ ,~. :~~t IF'~.,~3"'1 . •r `1',. ,. ~ _, ~ ri~ r 'h",~'~6 j ~•~p.. ~i~ ~ ~ i'C ~• ~ ~..~ ~~ ~M f ~ fr „~"~ G ~, Y'~i~1 ~~. ~ `, ~ , ~ ~' •;~ ~~ '1 ` vr~'', _. ~ w y ~ `~ ~~y +~~~.., ~ , ~`~ -:~~ti4~a! ~.r•:' ..M #' ~~~'`~ "Sf.+ ~ k`^.. j~ ~ ' 1c.,.~ * .w 1 ., J .~~ y~, .. ~!' ., ~ .. °' ..; ~3 :. , - .. p~ ~ 4 r ,.' v Ai ,1 'n. ... ... '.. s , r, ... .-. Yage 1 of 1 ~ Sally Maio From: Alfred Minner Sent: Thursday, January 18, 2007 5:37 PM To: Sally Maio Subject: FW: 2 Updates FYI -Please use this as backup for the Jan 24th Meeting AI Minner City Manager City of Sebastian -----Original Message----- From: Alfred Minner Sent: Tuesday, December 12, 2006 11:15 AM To: council Cc: Rich Stringer; Sally Maio Subject: 2 Updates Please find attached two memos which provide updates. The first update concerns the Airport Administrative Building RFP. The second update is a memo from Rebecca Grohall concerning the recent actions by the P/Z with regard to the site plan modification for Capt Hiram's. Please contact me if you have any questions. AI Minner City Manager City of Sebastian ni o ~, ~ t~! 1/19/2007 ~~ City of Sebastian Growth Management Department 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM DATE: TO: FROM: November 12, 2006 Al Miruler, City Manager Rebecca Grohall, Director SUBJECT: Capt. Hiram's Minor Site Plan modification At the Planning and Zoning Commission meeting on December 7, 2006, Staff presented a modification to the previously approved site plan for Captain Hiram's and recommended approval. The Planning and Zoning Board did approve a modification to the site. The modification was based upon two items - a second story buildout of the area above the kitchen and an additional bar in the "Sand Bar" service area. The proposed modification was to add a 1,460 SF second-story addition over the existing kitchen area. The second story buildout above the kitchen was a greater than 500 feet, therefore it could not be administratively approved, rather it was sent to P & Z for approval as a modification. The building currently has some portions that are single story and some portions that are two story. This addition will tie into the existing two-story area, and has been designed to match the building facade materials and colors. Tom Collins, of Capt. Hiram's, indicated that the area would be utilized as a staging area for service to the second floor banquet area and would also provide a small, 530 square foot room for staff meetings. It was entirely foreseeable, that in the future, that space may be rented to small groups or clients of the hotel as well. Therefore, staff has determined that parking must be provided for this area at the ratio of 1/400 SF of hotel accessory meeting rooms, which equals an additional 1.33 parking spaces. The remaining 930 SF is designated for storage and food preparation/staging area. As such, no additional parking is required for the staging/storage area. ~3 Page 2 The second modification was a proposed walk-up bar located in the sandbar area. The sandbar, which is within the outside service area, is not being expanded. This area has been identified on previous site plans to include 1,380 SF of outside service area at the parking rate of 1.5 parking spaces per 100 SF which equals 20.7 parking spaces. The proposed bar does not expand the service area which is already providing the required parking. The methodology for determining the parking requirements is based upon the parking requirements of ALL USES found on the site (i.e. the restaurant, bar, old motel, new motel, marina, etc). A complete analysis of the parking is included. Currently, the Captain Hiram's site requires 286 spaces, and is providing 321, providing more parking than what is required. The two tables are attached for your convenience. Table 1: PARKING PROVIDED ON SITE Amount . Re ular Com act Handica West Side: 20 16 4 27 21 6 11 11 16 16 8 6 2 8 8 9 8 1 10 8 2 10 10 11 8 3 10 8 2 10 6 4 19 19 10 10 15 13 2 19 19 4 4 17 14 3 13 11 2 33 32 1 East Side: restaurant 17 15 2 East Side otel 24 21 2 1 Totals 321 274 39 8 ~~ Page 3 Table 2: PARKING REQUIRED Use Amount Standard Re aired Parkin 1. Restaurant' 462 seats 1/3 seats 154.00 2. Sandbar outside service 1380 SF 1.5/100 SF 20.70 3. Boat Sli s 37 sli s 1/3 sli s 12.33 4. Boat Rentals 8 water trans orts 1/1 + 1/m 9.00 5. Retail 543 SF 1/200 SF 2.72 6. Doclchouse Motel 4 units 1/unit + 1/m 5.00 7. Motel 52 units 1/room + 1/400 SF of meetin room 52.00 8. Motel Ex ansion 14 units 1/room 14.00 9. Head Boat-River een 42 assen ers 1/3 risen ers 14.00 10. Acc. Meetin Room 530 SF 1/400 SF 1.33 TOTAL: 285.08 Lastly, new site plans are reviewed in the date order they are received. Full review of new site plans entails many departments and agencies (including St. John's River WMD, the Fire Department and Health Dept, etc). As such, reviews for new site plans are burdensome and can be quite intensive. Modifications to approved site plans are significantly less burdensome for review, as the entire site has already received site plan approval. Therefore, modifications to existing approved sites are often processed quicker than new site plans. x5 ~; ~,~~ ~~ ~~ ;~' ~ MOME OF Y~LICIIN LSIAND Growth Management Department Staff Report 1. Project Name: Captain Hiram's 2"d Story Addition over Existing Kitchen and Small Walk-Up Bar in Sandbar Area 2. Requested Action: Major Modification to previously approved site plan 3. Project Location a. Address: 1606 Indian River Drive Sebastian, Florida 32958 b. Legal: Lots 8, 9 & 10, Block 2, Indian River Hills Subdivision; Lots 8, 9, 10, 18, 19, 20 and a portion of 21, Block 1, Indian River Hills Subdivision c. Indian River County Parcel Numbers: 30-38-30-00002-0020-00008.0 30-38-30-00002-0010-00008.0 4. Project Owner: Sebastian Inlet Marina & Trading Company 1606 N. Indian River Drive Sebastian, FL 32958 (772) 589-8000 5. Project Agent: Tom Collins 2755 Earring Pt. Vero Beach, FL 32963 (772) 633-0260 6. Project Designer: Knight, McGuire & Associates, Inc. 80 Royal Palm Point, Suite 401 Vero Beach, FL 32960 (772) 569-5505 7. Project Attorney: 8. Project Description: 1 ~~ a. Narrative of proposed action: The applicant has applied for a modification to the approved site plan. The proposal is to add a 1,460 SF second-story addition over the existing kitchen area. The building currently has some portions that are single story and some portions that are two story. This addition will tie into the existing two-story area, and has been designed to match the building facade materials and colors. In addition, this modification includes the addition of an 8' x 12' walk-up bar in the sandbar area. The proposed 1,460 second story addition plus the 96 SF walk-up bar classifies as a major modification to the site plan which requires review and approval by the Planning and Zoning Commission. b. Current Zoning: CWR c. Adjacent Properties Zonins~ North: CWR East: C South: CWR West: CWR d. Site Characteristics Current Land Use Oyster Bay Resort Indian River Lagoon Oyster Point Resort Key West Inn (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: 9. Comprehensive Plan Consistency ~0 2 4.684 acres Future Land Use RMU C RMU RMU restaurant, sandbar, marina, retail, boat rentals, motel and head boat Immokalee Palms Zone AE (8' minimum) Indian River County Utilities Indian River County Utilities Main Street - % mile Volunteer Fire - % mile Sebastian Police -'/Z mile 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 Site Plan: a. lot configuration: provided b. finished ground floor elevation: previously provided c. contours and designating number of dwelling units: N/A d. square footage of site: 204,070 SF (4.684 acres) e. building coverage: 26,312 SF = 12.9%. (30% maximum) f. square footage of impervious area, open space & floor area ratio: Impervious Area 145,168 SF = 71.1 % (80% maximum) Open 58,775 SF = 28.8% (25% minimum) The floor area ratio (FAR) is a factor to be considered when projects contain buildings with multiple floors. The ratio is the square footage of the total building floor area divided by the square footage of the parcel. In this zoning district, CWR, the maximum FAR is 50%. Prior site plans have identified building coverage, impervious area and open space, but have not addressed the FAR. Mr. Collins has stated that a detailed analysis of the square footage numbers for all two and three story buildings to be prepared by his engineer would be extremely expensive and would serve no particular purpose. Instead, he has offered the following scenario. The total building area is 26,312 SF. Assuming that all buildings are three story (which they are not), the total floor area becomes 78,936 SF. This equates to a floor area ratio of 78,936 _ 204,070 which is 38.6%, and remains below the maximum 50%. See attached letter from Thomas Collins received October 20, 2006. 3 ~~ Staff concurs with Mr. Collins' conclusion that the FAR-for the subject property, including this proposed second story addition, remains well within the allowable 50% limit. g. setbacks: provided -all buildings exceed minimum setbacks h. scaled drawings of the sides, front and rear of the building or structure: provided 1. generalized floor plan indicating uses and square footage of each proposed use within each building or structure: provided j. Building exterior construction materials and color: to match existing k. building height: to match existing I. location and character of all outside facilities for waste disposal, storage areas, or display: previously provided m. location and dimensions of all curb cuts and driveways: previously provided n. number of parking spaces with their location and dimensions: see attached summaries of parking required, parking provided, and summary of changes. o. details of off-street parking and loading areas (including requirements of Article XIS: previously provided p. all off-street vehicular surfaces available for maneuvering: provided q. surface materials: previously provided r. number of employees: N/A s. type of vehicles owned by the establishment: N/A t. If there is a combined off-street parking facility, required agreements: previously approved u. Location of all pedestrian walks, malls, yards and open spaces: previously provided v. location, size, character, and height or orientation of all signs: previously provided w. location and character of landscaped areas and recreation. areas: previously provided qo 4 x. location, design and character of all public, semi-public, or private utilities: previously provided y. location, height and general character of perimeter or ornamental walls, fences, landscaping: previously provided z. surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: previously provided. The attached letter dated October 19, 2006 from Scott McGuire of Knight, McGuire & Associates states that the 96 square foot bar will not significantly affect the existing drainage system. aa. location of existing easements and right-of-way: previously provided ab. Land survey with complete legal description prepared and certified by a registered surveyor: previously provided ac. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: previously provided 11. Site location and character of use: previously provided 12. Appearance site and structures: a. harmonious overall design: yes b. location and screening of mechanical equipment, utility hardware and waste storage areas: previously provided c. commercial and industrial activities conducted in enclosed buildings: yes, except as approved. d. exterior lighting: previously provided 13. Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system design and access/egress considerations: previously provided b. separation of vehicular and pedestrian areas: previously provided 14. Traffic impacts: Previously provided 15. Open space and landscape (including the requirements of Article XIV): a. Name, address and phone number of the owner and designer: Previously provided ~\ s b. North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: previously provided c. Property lines, easements, and right-of-way with internal and property line dimensions: previously provided d. Location of existing or proposed utility service: previously provided e. Location and size of any existing or proposed structures: provided f. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: provided g. Location and size of any existing or proposed vehicular use area: previously provided h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: previously provided i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: N/A j. Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non vehicular open space, perimeter and interior landscape strips, and required number of trees: Previously provided. k. Location of required landscape areas and dimensions: previously provided I. Location, name, height and size of all existing plant material to be retained: previously provided m. Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: previously provided n. Height, width, type, material and location of all barriers of nonliving material: previously provided o. Location, dimensions and area of landscaping for freestanding signs: previously provided p. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: 9~ 16. Required screening of abutting residential and nonresidential uses: N/A 6 17. Flood prone land and wetland preservation: previously provided 18: Surtace water management: previously provided 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 21: Soil erosion, sedimentation control and estuary protection: N/A 22: Additional considerations: 23. Other Matters: 24. Analysis: The proposed second story addition will create no need for additional drainage or landscape requirements. The 530 SF board room, has been identified as a staff meeting room. However, it is also conceivable that this room could be used as a meeting room for the clients of the hotel. Therefore, staff has determined that parking must be provided for this area at the ratio of 1/400 SF of hotel accessory meeting rooms, which equals an additional 1.33 parking spaces. The remaining 930 SF is designated for storage and food preparation/staging area. As such, no additional parking is required for this area. Note that any change of use for this area, such as an expansion of the restaurant service area, will require additional parking at the restaurant rate. The proposed walk-up bar is located in the sandbar area. The sandbar, which is an outside service area, is not being expanded. This area has been identified on previous site plans to include 1,380 SF of outside service area at the parking rate of 1.5 parking spaces per 100 SF which equals 20.7 parking spaces. The proposed bar does not expand the service area which is already providing the required parking. The attached letter from Scott McGuire, Knight, McGuire and Associates, indicates that the bar will have no significant affect on the drainage system. Also, the entire sandbar is heavily landscaped from adjacent properties and the street. With these two modifications, the total parking requirement for the entire site totals 285.08, rounded to 286 spaces. Currently, the site provides 321 spaces, more than the Sebastian Land Development Code requires. 25. Conclusion: The submitted site plan is consistent with the Land Development Code, Comprehensive Plan, Code of Ordinances and Riverfront District Regulations. 27. Recommendation: Staff recommends the planning commission approve a major modification of the Captain Hirams site plan at 1606 Indian River Drive to include a 1,460 SF second story addition over the kitchen area, and a 96 SF walk-up bar in the sandbar area, as depicted on the site plan prepared by Knight, McGuire & Associates dated October 19, 2006. 7 ~~ PR P ED BY /~ 8 ll-~o-~~ DATE SEBASTIAN-INLET TZARINA Parldng Requirements Use Amount Standard Re aired Parldn 1. Restaurant 462 seats 1/3 seats 154.00 2. Sandbar (outside service) 1380 SF 1.5/100 SF 20.70 3. Boat Sli s 37 sli s 1/3 sli s 12.33 4. Boat Rentals 8 water trans orts 1/1 + 1/m 9.00 5. Retail 543 SF 1/200 SF 2.72 6. Dockhouse Motel 4 units 1/unit + 1/m 5.00 7. Motel 52 units 1/room + 1/400 SF of meeting room 52.00 8. Motel Ex ansion 14 units 1/room 14.00 9. Head Boat-River een 42 assen ers 1/3 assen ers 14.00 10. Acc. Meetin Room 530 SF 1/400 SF 1.33 TOTAL: 285.08 12/1/2006 q~ SEBASTIAN INLET 11RARINA Parldng Spaces Provided Amount R ular Com act Handica West Side: 20 16 4 27 21 6 11 11 16 16 8 6 2 8 8 9 8 1 10 8 2 10 10 11 8 3 10 8 2 10 6 4 19 19 10 10 15 13 2 19 19 4 4 17 14 3 13 11 2 33 32 1 East Side: restaurant) 17 15 2 East Side (Motel) 24 21 2 1 Totals 321 274 39 8 9~ 12/1/2006 2 SEBASTIAN INLET MARINA Summary of parldng changes Original chart was part of staff report dated 12/30/99. . Changes per staffreport dated 9/27/01: Addition of 1380 SF of outside seating area. Removal of 8 davit slips and replaced with 24 boat slips Of the boat slips, 13 dedicated to transient use only. + 40 existing boat slips - 8 davits removed 18 new boat slips - 13 transient slips + 37 total boat slips Removal of head boat Changes per staffreport dated 9/12/02: Addition of 800 SF of kitchen area. (no additional parking requirement). River,~ueen (head boat) was omitted from prior calculations. (42 passengers). Add 14 spaces. Addition of Voyager (head boat) 3/27/03 (47 passengers) adding 15.67 spaces. Changes per staffreport of 11/30/06: Removal of Voyager (head boat) 11/30/06 (47 passengers) removing need for 15.67 spaces. Addition of second story 530 SF board room (accessory meeting room) 11/30/06 adding 1.33 spaces. Addition of second story 930 SF storage and food preparation/staging area (no additional parking requirement). Addition of 96 SF walk-up bar in sandbar area (no additional parking requirements; already being provided for as part of outdoor service area). 12/1/2006 3 q~ Lr~- ~~ .~~~'s .~~' o Capt. Hiram's Resort ~ Restaurant, Bars, Marina And Key West Inn Home Of The Waterfront Tiffany Room Banquet Facility City of Sebastian Planning ! ~ ; ~~ And Zoning Commission :•` r,,c ~ ~Q,Ce` ~6 Ms. Jan King, Manager ~ OCR 2~ ~ ~ Growth Management ~ Q ~ti ,,~` o ~"- / Re: Minor Site plan changes - Capt Hiram's Resort `. ~~ G~~ j Dear Jan and Planning and Zoning members, ~t~$E 9 ~.~ ~Z~' ~ f, Our company is requesting site plan approval for some minor improvements we have planned at Capt Hirams. We would like to add a 2"d floor addition over our existing kitchen that will include approximately 1,460 square feet. This space will comprise 560 square feet for a boardroom or meeting room and 930 square feet of new prep/storage space to compliment our existing operations. We will also expand the small lobby area adjoining our banquet room using some existing space, which is also located on the 2"d floor. The new service bar addition will include 96 square feet and will be added to our SandBar area. An additional 1.5 parking space will be required for these new improvements. This is based on the City code that requires 1 space for every 400 square feet of meeting space. Based on the latest parking study completed on our property in 2003 we had 21 more spaces then required The City of Sebastian now has an additional code requirement for developments, which relates to the Floor area ratio (FAR). The FAR cannot exceed 50% of the total land area of our site. With these small additions, our property will easily qualify and be well under the 50% maximum coverage allowed. Even if we used our total building area of 26,312 square feet and multiplied it by 3 full stories (even though many of our existing improvements are only one or two stories), this total of 78,936 square feet would still only represent coverage of 38% for the total site area of 204,070. I am enclosing copies of the overall site plan, along with the floor plans and elevations for the building addition. The new addition will be painted the same color as the existing building. Please feel free to contact me if you need any additional information. My cell # is 633-0260. Thank you for your kind attention. Sincere) i Tho s H. Collins President ~', ~/ 1606 Indian River Drive, Sebastian, FL 32958 PHONE: (772) 589-4345 ~ FAX: (772) 589-4346 Website: www.hirams.com • e-mail: info@hirams.com i ~, c Knight, McGuire & Associates, Inc. Consulting Engineers and Planners 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 David S. Kiught, P.E. civil@knightmcguire.com Scott B. McGuire, P.E. October 19, 2006 Jan King City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Captain Hiram's Phone 772-569-5505 Fax 772-569-1455 Attached please find revised site plan drawings for Captain Hiram's in Sebastian. The modifications include a 2"d story addition over the main restaurant building (0 ft2 new impervious) and a bar structure (96 ft2 new impervious). These changes will not significantly a he~existing drainage system and are considered negligible from a drainage stand point. A B. McGGire, P.E. FL Reg. No. \01-0361cert drain cos 101906 ~,~ roe .-, ( f, PLANNING AND ZOIViNG COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 7, 2006 Homes made himself available to answer .any .questions.. The commissioners .were.. in_ agreemenf with the parking plan. MOTION by Oakes/Mon-ison to approve the conditional use permit for one year for Adams Homes model home at 451 Briarcliff Circle, Ashbury Subdivision. ROLL CALL: Chmn Allocco yes Mr. Morrison yes Mr. Simmons yes The vote was 6-0. Motion passed unanimously. Mr. Mahoney yes Mr. Buchanan yes Mr. Oakes yes B. QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN MODIFICATION - CAPTAIN HIRAM'S, 1606 INDIAN RIVER DRIVE - 1460 SF SECOND- FLOOR ADDITION AND 96 SF SERVICE BAR - CWR (COMMERCIAL WATERFRONT RESIDENTIAL) ZONING DISTRICT Chmn. Allocco swore in the applicant, staff and anyone wishing to speak. Mr. Thomas Collins deferred to the staff report. Ms. King reviewed the staff report. She said this is a major modification involving a 1460 sf second floor addition over the kitchen of the existing building and an additional 8'X12' walk-up service bar in the sand bar area. There is a letter from the engineer confirming the 96 sf bar will not have an effect on the drainage in the sand bar area. Ms. King explained that the boardroom could possibly be used by guests for meetings and in so doing the applicant was required to show parking for that area. She made mention that if they ever choose to expand the Tiffany Room into this area, they would have to come back for a modification of site plan and parking would be required for that area. MOTION by Morrison/Oakes to approve the site plan modification for Captain Hirams, 1606 Indian River Drive. ROLL CALL: Mr. Mahoney yes Chmn. Allocco yes Mr. Buchanan yes Mr. Morrison yes Mr. Oakes yes Mr. Simmons yes The vote was 6-0. Motion passed unanimously. C. QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN 8~ CONDITIONAL USE PERMIT - SHOPPES OF SEBASTIAN II, PHASE 2 - S70NY POINT DRIVE AND CR 510 - 12,600 SF RETAIL BUILDING - CL (COMMERCIAL LIMITED) ZONING DISTRICT Chmn. Allocco swore in the applicant and anyone wishing to speak. Mr. Jack Wilcox of Blue Ribbon Sebastian, LLC presented the application. Ms. Bosworth presented the staff report and noted that a lighting plan has not been received. Commissioners asked questions pertaining to setbacks, drainage, parking and lighting. The following people spoke: Vicky Lee Santano, 132 Morgan Circle, Sebastian River Landing, had concerns about the zone change to the east side parcel. 2 ~~3 la(r~n r~. ,oy CIiY OF HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 January 16t", 2007 Mayor Burkeen Council Member Coy Council Member Neglia Council Member Paternoster Reference: Special Magistrate Short List Honorable Council Members: Pursuant to your request at the January 11~`, 2007, Council meeting, attached for your review is the Special Magistrate candidate short list, along with their respective resumes. We have included (7) names for your consideration, not the (10) names initially requested, because we did not believe the remaining candidates would meet your objectives and budget constraints. Please have your rankings prepared for discussion under "Old Business" at the January 24~', 2007 Regular City Council meeting. If you have any questions, or need any additional information please contact me at 388-8202. Respe~c'tfu~lly, ~~'~ Debra Krueger Human Resources Director off. oq~ ~p5 ~(ank- /~(0 SPECIAL MAGISTRATE CANDIDATE SHORT LIST January 16, 2007 Name C~ Compensation Comments 1 Robert Ginsburg Vero Beach $100.00/hour 2 David Hancock Sebastian $100.00/hour Amendable to relocating to 3 Jacob Linhart Lake Worth Negotiable Sebastian, Magistrate experience 4 Matthew Miller Stuart $110.00/hour Attorney for Indian River County 5 Terrence O'Brien Vero Beach $100.00/hour Code Enforcement Board 6 Kelli Salo Vero Beach $100.00/hour 7 James Stokes Palm Bay $100.00/hour Special Magistrate experience ~D1 l~t~~-~- ~o~ i ~233p3 ~~ lam. ~.. ~. - ~~ ROBERT A GINSBURG j Attorney at Law ft~ "' ~ ~~ ~, 5415 25~' Place + ~i ' ~ ? ~ -~ ~i,~ ~, Vero Beach, Florida 32966 ~ ~, ~ ', ~ iC~ ©~ December 18, 2006 ~` ~~~~~~ ~~~~~'~~ ~~t Ms. Debra Kreuger, Director City of Sebastian Human Resources 1225 Main Street Sebastian, FL 32958 Re: Proposal for Code Enforcement Special Magistrate Dear Ms. Kreuger: This proposal for the position of City of Sebastian Code Enforcement Special Magistrate is submitted in response to your ad in THE FLORIDA BAR NEWS of December 15, 2006. Enclosed please find my resume. My proposal consists of the following: 1. As Special Magistrate for Code Enforcement I will conduct hearings once a month, or as often as the City Council directs that hearings be held. Hearings will be conducted in accordance with the City Code and due process of law, and I will promptly enter an appropriate order with respect to each matter brought before me. I will treat City officials and employees and the citizens, residents and property owners of the City of Sebastian with dignity and respect. 2. The City will compensate the Special Magistrate at the hourly rate of One Hundred Dollars ($100.00) for the conduct of the hearings and the appropriate disposition of each case brought to hearing. The Special Magistrate will bill the City at the end of each month in which services were rendered. 3. The City will not be responsible for paying or reimbursing the Special ~~~ Magistrate for any costs or expenses, including travel time or mileage, food, lodging, postage, telephone, office supplies, computer time, copies, faxes or any other costs or expenses, whether direct, indirect or incidental. 4. The City will not be obligated to provide any minimum amount of work for the Special Magistrate. 5. The Special Magistrate shall serve at the will of the City Council. The City Council may terminate the Special Magistrate's appointment at any time without cause. 6. The Special Magistrate's appointment is not exclusive. The City Council, in the exercise of its discretion, may appoint additional Special Magistrates at any time. I will be available for an interview at any time convenient to the City. Thank you for your consideration. Very truly yours, ~~~ ROBERT A. GINSBURG (772180-2787 rrG ROBERT A. 'GINSBURG 5415 25~ Place, Vero Beach, Florida 32966 (772) 480-2787 EDUCATION Harvard Law School, Cambridge, Mass., JD 1969. Unix of Miami, Coral Gables, Fl., AB Economics, magna cum laude, 1966. EXPERIENCE County Attorney, Miami-Dade County, F1.,1980 - 2005. First Assistant County Attorney, Miami-Dade County, Fl., 1975 - 1980. Advised the Board of County Commissioners, the Zoning Appeals Board and the Planning Advisory Board on zoning, land use, planning. Assistant County Attorney, Miami-Dade County, Fl., 1970 - 1975. Ad valorem tax, condemnation, elections, municipal finance, seaport. Hearing Officer, Zoning and Land Use, City of Orlando, 2006 -present. RECOGI~tITION City, County and Local Government Law Section of The Florida Bar: • Ralph A. Marsicano Award, 2005, "Significant Contributions to the Development of Local Government Law in Florida." • Paul S. Buchman Award, 2003, "Outstanding Contribution in the Area of Legal Public Service." 11~ Judicial Circuit of Florida: Certificate of Appreciation, 2005, "Many Years of Outstanding and Dedicated Service to the Judiciary and to the Citizens of Miami-Dade County, Florida." Miami-Dade League of Cities, 2005, "Superior Public Service." "Robert A. Ginsburg Day" Miami-Dade County, Coral Gables, Hialeah. ~~ ~ ~~~~ iiZ u7/ lY/ LUDO C1II:: r 1- r.r [-.~tsts-5514 RENEE VANDEVOORDE AT DAVID I~. HANCOC>K, ESt~. 13510 Roseht~ad >l~oad SebRStaa~o, Ada 32,958 Septen~l~er i~, zoa~ Rich Suing x, Esq., city soliatar C'ny of seb~ ~stian 1225 Main street Seba~tiaa, I L 32958 RE: Spe~ :ial Master I Municipal Cade Enforcement Tear Rich: ~~~. (e j~ nw~~ r ~~; a, tIUMAI`i RESOURCES cQ DEPT It was a ple ,sure to meet you a~xt after a break of several years. `hank yoo for tag the dme to meet wit i me about tho apportumty to serve, as a Sgeaal Master for various City of Sebastian code eaforc ement matters. As I inRlicat yd to you at the conclusion of our meeting, I am quite interested in being considered fQr appoinp 4ent as a Special Master. I believe that the opportunity wHl be challenging ~ weU as interesting F gad I look forward to participating ~ Amy application is acted an favorably by the City of Sebastiai I have ~isv ;onsidezed y_out' request that Y Iarov_ideyouu v~nith._~y. _l~~rty_.ra#e_e~pation_£or. services to 1 ie pe~ormed as Special Master. My general hoetrly rate in mY private Fracti~ce is currently S; 00.40 per hoixr.l)ue to the unique and civic nature ofthe opportunity and the personal iut xest that the apgortunity provides to me, I would beagreeable to serving at a rate o£ $100.00 peg hour. Although I lacy coz~irmation, it is alas my belie£that the Special Master £or code en~orc sment for the City o£Fellsmere serves at an hourly rate of $100.00. Lastly, I ear lase a copy of my restmme that you requested. Rrferences a~ available ifyou weed or desire tc- co itact them. Thank you and I hook forward to hearing £rom you further, Sineer~ely, .~ ` ~~ David L, I~ ncock Seat vaa simile t4 589 5570 PAGE 02 ~i~ - •• - -- ~ • • •. .••••• .,••~~ rvrv~, vwrvt~.vu~ncLt A 1 PAGE 03 ~AV~ )~ AAN~OC~y ~'~. 13510 Rasehand Road Sebastian, Florida 3295$ F,s~loye~rrt X~istory Ocxdber 2d >s to Law O~tce of Rene' 4 VamAeVovrde,1327 N'. +Gentral Averute, Sebastian, Florida 32958 Attorney. Frac#sce areas prnmmx'~- estate planning artd admadstraHoq trusts, real estate, b law, c+~nlxacts, transactional Isar, title lrtigatioa and intellectual property. hate 2003 t ~ Hatch dt Dotp, P.A., 1701 Highway ,AiA, Suite 224, Vero Beach, FL October 20 ?5 32963 .. Attorney. Fra~ctics areas limited to estate planning and administration, trusb, ~ lendirRg, real estate, . business law, ~ transactional law. huue ?.040 i a Muss, Hendelaon, Blanton, Lanier, I~retschmer tit Murphy, P.A., 817 June 2003 Beaahland Boulevard, Vero Beach,l~L 32963 ~(Fii'Yrt rto lvttger in eadstence) Attorney. Practice areas limited to estate plasu~g and 04 , ~ b law, contracts, trransacdonal law, and intellectual property. I9A~. m David L. Hancock, Es4., 310 W. Fu~st Street, Siuaxt, k"X. 34994 Mny-2004 Attaraey in private practice Ptacdice areas included real estate, estate plarming sad adminis~tation, business law, trar-sactiortal 1$w, bu~es_s_l_ia~_co~s,.;q_ . _ ratios.. September 1996 National AccelitanCe ~~ Tequesta: ~, (C~ clod} to March t X98 Manager of Title Insurance Division $nd Senior Underwriter. 1Vlaaag~ed company's national title insusaflce requirements. Undenarcote privately held notes secarred bar mortgatges, deeds of trust yr ageements for deed for possible ptuchase. March 799 . to Law Offices of David L. Hancock, Esq., Brie a~ Union City, PA August 19S 6 Attorney in private practice and part-time Assistant Erie Cvu,my Solicitor (t~mancey Tax and Pcuchasang). Practice areas included ~ estate p1 ~ .. .on, tr-~sts~, transactional taw, and rauniclpal law. March 198: i to The McDonald Gt~up, ,Attorneys, 456 W. 6ei street, Erie, FA 115547 t4~rch 199: Associate Attorney. Practice areas included general business, ~- public secwities, tax law, comrnerctaI taw, business litiggtion and estate planning and administration and trusts. ll~( RENEE VANDEVOORDE AT PAGE 04 11T1~C ~ ~$b t ~ - WhiteS+Qrd, Taylor 8c P~restoxt, Attorneys, ? St. Paul Street, Suite ~40D, , March 198E Baltim~or~e, MD 21202 Associate is Busaness Riau Sedian, Practica areas incladr~l s<u+etyship 1a~v, contract law, pe~for~u-ce, payment, fidelity and ]I+y11er Act bonds, you litigEdion snd business collections. i~ellanec us Lecturer is Law, Penn State Uuivcxsity, Betmend College (1990-199b~: E~loymer t Adjlmct P~fessor, Erie Business center (x989r199o). Lsat Cler15 Is~ernai lteveaus Service (1985). Pe~yh~ia 1Vlu~ncipal ~ofice Cfficec ~(19?5-1~82j Active IJ.$, Air Force (19?4-I97'y') ~ducxrtio~ caulAuthorship T3naveraitl+ c•f Pittsburgh, School of I:aw. Juris Doctor (J.D.)1986. Not ~ and Comments Editor and Staff member Uxrive~it~- ry£cgh Law Revitew. Win aer of First Prize legal avriting com~pet~tlou spousoted by the Eastern l~-!me~I Law Foe elation {1985). lydinboro U may of Iseraasgtvarnla. Bachelor ofArts (B.A.} 1980. Crra Cuur Laterc~e, Winner of t)utstaading Criminal Justice G~iraduate Award { 1980j. Author of 1 be Gas Praar~er's,~ilemmwr: Royalty clauses cn~aif.,o~g ~'errn Cads Par~la~se t^ar~ ducts: 46 U. Fitt. L. Rev. 51? (1985). author. of S ectforr 365 of tl~ Bun~irtptcy Gone a~' 1978: ,ls it tfpplicable to Gas Pwch~rse Can b'ucts? , 6 astern l~n. L. Found. 22-] {19$5). Author of 1 ~re~?u»tcfpalitfes,PlmmingCo~rle r~~7ig~rt~.o,~-Way,~tes~etvation, The Peoinsylvanian (,Vo . 30, No. l) 3anuaty 1991. Pro,~ssio~rat Memberships crud Civic Drgmiizal`ions The 1*7orida bar Association (Beat Fmperty, Txusts ~ Probate Section) Indian 1~ive • Couunty, Floz,ida Bar Associatio~p. Estate P>am u~g Counc~ of T~diari River County Indian Rave • County, Florida Real PrQ~erty Council Vero Beach Operas, Inc. Agent, Arta rneys 'I"rtle Insurance k~, Inc. Bar ofthe c fate of MaryIaad (Inractive) Pe~amsylvaai ~ Ber• Associatiaa (Tractive) J ~[a; ~ i~~ Debbie Krueger 92oL~c123 ._ From: Jacob ~jlatty@bellsouth.net] _ ~ ~~~~•" r'a+N~ Sent: .Friday, December 29, 2006 5:36 PM ; ~ ~ ROS , ,{; :~ .. cJ'j`~. ~ To: Debbie Krueger 5~ ~ Subject: Special Magistrate Position "`'{ ~~~~~ waw ti I am interested in applying for the Special Magistrate Position with your City. ~~'~~~r s ~.~ £Zd/ ~... I have been practicing law in the State of Florida for the past 20 years and have handled a great number of administrative law/ code enforcement matters. I have served in a quasi judicial capacity as a Collections Court Magistrate with the Palm Beach County Collections Court and I presently serve as a Traffic Magistrate with the Palm Beach County Court. In addition to the State of Florida, I am licensed to practice in the States of New York, Texas and the District of Columbia. Failing to heed the axiom "don't keep all your eggs in one basket," I'm ashamed to say that I foolishly relied upon one client to support my practice. That client underwent a reorganization and; as a result, the work referred as well as my income have suffered. Attached hereto please fmd my current resume. Kindly review same and if it meets with your approval I would like very much to hear from you. My salary and travel reimbursement requirements are negotiable and I am amenable to relocating to the Sebastian area. Thank you for your kind consideration. Should you have any questions, or if I can be of any assistance, please feel free to contact me. I can be reached at any time at (561) 632-6982 or via email at litg8tr@bellsouth.net. Regards, Jacob Linhart ~~ 1/2/2007 Jacob J. Linhart 6337 Shinnecock Lane _ Lake Worth, Florida 33463 (561) 632-6982 Education: University of Miami School of Law Juris Doctor degree conferred May 1983; University of Nhami Bachelor of Arts- Cum Laude conferred July 1980 Quasi Judicial Experience Magistrate - PALM BEACH COUNTY COURT- TRAFFIC DIVISION Palm Beach County, Florida 1999 to Present Magistrate- Special Master; PALM BEACH COLLECTIONS COURT Palm Beach County, Florida 1997 to 1999 Legal Experience: Principal; LAW OFFICES OF JACOB J. LINHART, P.A. Coral Springs, Florida - 1991 to Present Commercial and Civil Litigation, Insurance Subrogation and Commercial Collections, Corporate and Contracts Law Telecommunications, Regulatory and Compliance Litigation Associate;. LAW OFFICES OF ALAN M. FISHER Miami, Florida; 1990 to 1991 Commercial, Civil and Healthcare Litigation and Collections Senior Litigation Associate, HAYT, HAYT & LANDAU Miami, Florida; 1987 to 1989 Commercial, Civil and Healthcare Litigation and Collections Corporate Counsel, NATIONAL OFFICE INTERIORS, INC. Mianu Lakes, Boca Raton; and St. Paul, Minnesota; 1986 to 1987 Corporate Law and Commercial Litigation; Regulatory and Compliance Licensures Admitted to the Bar to Practice Law in the States of Florida, New York, Texas and the District of Columbia. Admitted to the U.S. District Court-Southern District of Florida; U.S. District Court- Middle District of Florida; U.S. District Court- Northern District of Florida; U.S. Court of Appeals for the Federal Circuit; U.S. Court of A eals for the Ele th Ci uit U S T rt C U S C rt f pp ven rc ; . . ax ou ; . . ou o International Trade; U.S. Claims Court Additional Qualifications: Frequent Lecturer on sub'ects of Automobile, Property Loss and Workers Com ensation subro ation throu h t th U it d St t Certified by Fl p g g ou e n e a es; orida Department of Insurance as an Instructor; Member-National Association of Subrogation Professionals; Former Florida Certified Circuit and County Court Mediator; Certified Florida Department of Insurance Mediator; Certified Better Busmess Bureau- Autoline Arbitrator; Florida Supreme Court Qualified Arbitrator; Member- Florida Bar Traffic Court Rules Committee; Former Member- Florida Bar Small Claims Rules Committee; Former Commissioner/Committee Member-District XI- FloridaDepartment of Children and Families References Available Upon Request 1VIATTE~'4~V ~l.1~~L~R ATTIp]IiNEY AT LA~V' 1720 SE Ind:an Street Stuarl, FL 34997 (772) 463-0060 Off ce (772) 63l -8884 Ceti (772) 283-95091"ax matlhewmillrwrlaw~yahoa.com FA S~II.E ~;(DVER Sl~~'~ DATE: December 1 S, 2846 ~. :, N ~~QfJ' ~ r ~. ~~/il~~~~l ~~ ,*~' _~~~~ T4: Debra Krueger FAX IW'p: (772) 388-8247 FROM: Matthew D. Milicr ~ FAX Nt}: (772) 283-9509 NUMBER OE PAGE5 (including cover sheet) 4 ~l,1E11~AR~5: please find attached my prapasal and resume for Ville position of City of Sebastian Cade Enfarccmcnt Special IVlagistrate. This will also be sent rya mail. Thank You for your consideration in this matter. 1VIf.~tfhew D. Miller TIME 1NFi~RMA'riON GO1V'!'Al'NL~I~ !N'1'b115 >~ACSIMILE MI;SSA{3P IS A'['!'OlLNEY FRIVIL~QI?D Al+t!] CQNi~11:7Ls1+tT1AI., INFORMATION INTENDED GNLY FGR THE USE OF THC INDIVIDUAL GR ENTITY NAMED ABOVE. IF THE READER C1F Tb115 MI~:~SAt,;E IS NQT T[•lE !N"l'ENI~EU REClP1ENT, Yp~.f ARC IdERr13Y NOT[r•Ir:>~'rNATANl' DTSSGMlNATiON, I7IST'RIBUTION nR CQFY OF THIS COMMUNICATION IS S TRICTLY PR(?HIB1TEi) AND WILL BE CONSIUEItEI) h5 A TQRTIOUS tNTTRrERr:;~rCE IN (5UR C.C3NFIl;}f:NTIAi. AUSiNE.SS Rf3i.ATi4NSi•fiPS. iF Yc7U HAVE It1;CEIVED THIS COMNICJNICATION IN ERROR, PLFra.SE IMMEDIATELY NOTIFY US BY THLEPHONE AND REI'UItN 'f!•II; Oi;IGINAL MESSAGE TO US AT TT•tT; ABOVE ADI?RESS VIA U. S. POSTAL SERVICE. THANK YOU. If you have nat received all of the pages, piea.~c call us at (77?) 453-0056 as soon as possible, Thank you. I ~q C~flL70 d 6(156 682 2LttY,~l~) kN3 37I~30 f~Eil ZG~Oi (i~~)9002-5i-737 LAW OFFICES `ALA ~~2$~~~~ ~ . MATTHEW D. MILLED V `3 /~ ~~'`l~ .. `~ e~ /iw~G~~dca~za` ~ .. .!a~4i~auafia~z ,. :' ~., v2o s.E. INDIAN sraEEr ~ ~~~~~ s.Jr.O STIIAHT, P'I.OHIDA 39,997 CV ~ ^0. ~ PBCNE (772) 9.63-0066 FAR (772) 283-9509 - f?a ~' ~ `~~ ~ .., t:: ' E-Mail matthewmillerlawC~yahoo.com ~~ ~~ , 4 '' Friday, December 15, 2006 -- Debra Krueger Human Resources Director 1225 Main Street Sebastian, FL 32958 Deaz Ms. Krueger, I am writing with reference to your advertisement in the Florida Baz News, dated December 15, 2006, for the Code Enforcement Special Magistrate position, located in the City of Sebastian. I consider that my credentials and interests would be a good match, for the position. Presently, I am in private practice in Stuart, Florida, with my focus being on real estate law, construction law, and business litigation. Over the past several years, I have become well- versed in business, construction and real estate contracts, as-well-as litigation in the same. I am also a member of Attorney's Title Insurance Fund, and as such I am quite familiar with all aspects of title and property issues. I am confident that my experience in working with clients, as well as my involvement in vazious outside associations and community activities, has equipped me to work with people of various backgrounds and stations in life, making me well suited for this position. The position of Code Enforcement Magistrate is especially appealing to me, because of the opportunity it provides to get involved in local communities along the Southern coast of Florida, as well as, expanding my experience in municipality and related forms of law. Since I am in private practice, my schedule is flexible allowing me the ability to travel to Sebastian. I charge a flat fee of $110.00 per hour. I would welcome an opportunity to sit down with you and discuss my qualifications for this position, at a time convenient to you. I have enclosed my resume for your review. If you have any questions, or wish to schedule an interview, I can be contacted at the above phone number, or at my cell phone number, which is (772) 631-8884. Thank you for your consideration in this matter, Sincerely, ~ f ~,. atthew D. Miller 120 Matthew D. Miller 1720 S. E. Indian St. (772) 463-0066 Stuart, Florida 34997 (772) 631-8884 EDUCATION UNIVERSITY OF WYOMING COLLEGE OF LAW • Laramie, WY 82070 Graduated May 1999 UNIVERSITY OF WYOMING • Laramie, WY 82070 Bachelor of Science in History • May 1995 LEGAL EXPERIENCE MATTHEW D. MILLER, P.A. • Stuart, FL 34997 • July 2004 to Present • Construction Law • Contracts • Business and Commercial Law • Business Litigation • Title Insurance Agent • HOA Disputes MATTHEW D. MILLER, P.A. • Melbourne, FL 32941-0909 April 2001 to July 2004 • Personal Injury • Medical Malpractice • Chapter 7 & 13 Bankruptcies • Probate • Construction Law • Contracts • Business Litigation ROBERT T. BURGER, P.A. • 200 S. Harbor City Blvd., Suite 303, Melbourne, FL 32901 • August 1999 to March 2001 Associate Attorney • Personal Injury .Products Liability .Medical Malpractice .PIP Duties and responsibilities included case management, depositions, motions, hearings, mediation and trial preparation. LEGAL SERVICES PROGRAM • University of Wyoming College of Law Laramie WY 82070 • May 1997 to May 1999. Z l I STANFIELD & SUMMERFIELD LAW OFFICE • Laramie, WY 82070 Spring 1997 to August 1998 • Plaintiff insurance work: • Wrote interrogatories & motions. • Participated in product liability mediations. MEMBERSHIPS AND ADMISSIONS FLORIDA BAR • September 16,1999 ATTORNEY'S TITLE INSURANCE FUND • ATTORNEY'S MORTGAGE SERVICES • MARTIN COUNTY CHAMBER OF COMMERCE • REFERENCES References are Available Upon Request. IZ2 1201 Olde Doubloon Drive Vero Beach, FL 32963 December 5, 2006 Rich Stringer City Attorney Sebastian, FL 32958 Dear Rich: Re: Special Master ~2EC~~~T~L3 DEC ~ X006 B~: I read in the Press Journal about the search for a Special Master for the Code Enforcement cases. I would like to be considered fox that job. The following is my brief resume of my pertinent experience. Terrence~O'Brien 1201 Olde Doubloon Drive Vero Beach, FL 32963 .(772) 231-5170 Retired Florida Attorney Attorney for the City of Vero Beach 1981-1990 Atkoxney for the .City of Vero Beach Code. Enforcement Board Attorney for Indian River County 1990-2000, 2003 Attorney for Indian River County Code Enforcement Board References: Will .Collins, Indian River County Attorney Charles Vitunac, City of Verp Beach Attorney Your consideration will be appreciated. (23 ~L~k- r z~f ROSSWAY MOORE &. 'T'AYLOR ATTORNEYS AND COUNSELORS AT LAW THE OAK POINT PROFESSIONAL CENTER CHARLES W. McKINNON 5070 NORTH HIGHWAYA-I-A JOHN E. MOORE, III' SUITE 200 BRADLEY W. ROSSWAY VERO BEACH, FLORIDA 32963 HELEN E. SCOTT TELEPHONE (772) 231-4440 J. ATWOOD TAYLOR, III* FACSIMILE (772) 231.4430 THOMAS W. TIERNEY" 'ALSO ADMiiTED W THE DISTRICT OF COLUMBIA ..ALSO ADMITTED W CALIFORNIA December 7, 2006 Via Facsimile @ 388-8247 and U.S. Mail Ms. Debra Krueger Human Resources Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Special Master Position with City of Sebastian Dear Ms. Krueger: ~~~2345~~ 8 ~~ ~ 9~p ~ ~ N ~ '~`~, N a Q s `~C' '_ ,a 's' 'QF ~~~~~'~zoz6~a~~~ ANON M. BANI7T TIFFANY S. GRIFFETH KELLI M. SALO MICHAEL J. SWAN OF COUNSEL This letter sets forth my official request to be considered by the City Council for the Special Master position. Accordingly, I have enclosed my resume herein for review. I hope that you and the City Council will determine, after reviewing my resume, that I have the skills and experience to perform the role as Special Master for the City in a thorough and professional manner. Conversely, I would like to obtain this position as an opportunity to further enhance my knowledge of, and experience with, the matters on which the Special Master will be ruling, such as the code enforcement rules and regulations. It is important to point out that the law firm, within which I practice, Rossway Moore & Taylor, PLC, fully supports my decision to seek this appointment from the City Council. We offer my services as the Special Master at the substantially discounted rate of One Hundred and No/100 Dollars ($100) per hour. If you have any questions or comments, or if I can provide you with any additional information, please do not hesitate to contact me. I look forward to heaxing from you. Very tally yours, IZ5 Kelli M. Salo __5070. N. Hwy AlA, #200 _ ksalo@verobeachlawyers.com Vero Beach, Fl 32963 772.231.4440 EDUCATION STETSON UNIVERSITY • Graduation Date: May 2000 G'oUegs o~ 1'aw • Cumulative GPA 3.378, cum laude • Ranked 9/133 students, 7~ percentile • National Dean's List • Stetson Law Review, Senior Associate • Student Mentor UNIVERSITY OF FLORIDA • Graduation Date: December 1996 ~4• ~ ~4'+~ • Cumulative GPA 3.5 ~a~sool o~ 6,ra~eet Reeow~icad cad e°`~°~°" • Bachelor of Science in Wildlife Ecology and Conservation • Minors in Forestry and Zoology • 1996 Presidential Recognition Award • Zeta Tau Alpha Sorority, President • Student Assistant, Florida Museum of Natural History EXPERIENCE RU$SWAY, MOORS & TAYLOR, P.L.C. Draft and negotiate real estate, commercial, lending and business Vero Beach, Florida contracts, agreements and other instruments and documents October 2004-Present • Prepare and review title commitments and policies Ad4o~`° • Conduct complex corporate, business and residential transactions • Create and establish new business entities GREENBERG TRAURIG, P.A. • Prepare and negotiate purchase, option, sale, and lease agreements West Palm Beach, Florida • Represent large homebuilding corporation in the acquisition, June 2002-August 2004 development, and operation of large residential and mix-used ~-R~l ~~ communities • Conduct large asset disposition transactions for state-wide utility company • Create property owner association documents • Member of Homebuilders Task Force and Recruiting Committee GUNSTER, YOAKLEY & STEWART, P.A. • performed general due diligence and commercial transactions West Palm Beach, Florida • Completed large, complex acquisitions for a major September 2000-June 2002 telecommunications management corporation, involving NEPA, Aeeo~tets - Rol ~°~ Zoning, FCC and FAA regulations sruHnuh Ae~1ar,~, /l9afy-rQu yud11999 . Member of the Leisure and Resorts Practice Group COMPUTER SHILLS rZ~ REFERENCES • Microsoft Word and Excel; WordPerfect; Formulator; PCLaw; Westlaw; and Lexis • John E. Moore, III, Esq.; J. Atwood Taylor, III, Esq.; and Bradley W. Rossway, Esq. -~ .dam D.S~~ke~ j ~~ s~~,niyG~~ c.~~~~ .. . ........................... ................. .............. ........... .................... ._ ................ ................. ............ . ............................. ................ . ....................... ....................... __ _ __ .................................................... .............................................. . __ ___ _. ............................................... ..... __ ~~~~~~ ~ni€~~ui~~r E~'ttitci't=r ~:~i~r~-~~,~~~>~ate _~tr~rt~ey t~~s~~r~tr~x~t~. toy t;~s~ t~an~t~~tr.~:,~c r~~' ~~+ic~: ~l~z~} ~'caler~tl' llltl~.illit?fl, ~yi})c)t' }51l?~:trLi}til~'~-~1C'~tIlT~l~tt}i]'i; C]Vt} .~:t"~r'1CC }l,C~t'3T°t~:~, t'1+~'~,~ }lf;tll[I?`~.ti, ~,~iu".}, Fu1Cl ilail~hurtr~ln ru.~;Cfur4t,: s3~}vt€a lU"_~iU~hu st:~t~aC ~Ii~s tT47a2>r 1~11r-~t2tt1'tt~'.;'.~'trtltlt ~'ln~it3~. ~l•t~t,. ~:~~~-t_tst;d,__iutxzc5t~ ass~citlEL., ixrtcl,lx~~~~ ~a~:,.r'i~~~, PVIr* cat ~t'UiiGS, I:}il?` ~i11'.Ill'i t14'v7- 1~)~1,Y_! l;u~r~tly }t~i114,f't~li~l~?tr,[~}?'~ hA~I1C3' Ul ~i ilT3tl~i 'hCI1C['flj t)Iit~,l:laf ~flW' ~}It'[tl })T'<It I I~ II11! fCl t}!<` ~,'.'cn.`i ~3~'~I1~~i~}~Lt~ttl ~[1`~j`~ ~c'I~Jf51' a elTxta:~),I1ic~nl, fia,2~l~'.laaY~ txu:titi,;;;s tt«tL~lcticttt,;,attr.lf,I~I~;ilt#I~~ :t~CS,'~_ l+'~~trii, ~"tr~ttt<tn»ci, T~~tiac~ tx 3r ~.;~~~rencc; ~.a.f;.`. ;< ~}'4.~.~=-f~S'?} Frts~{1trltfi,,E~f,ti}i)tx~u~ A~Iui~la~h;al lx;~l~i}'it~~ tl~fi~n~s~ tirlt'i ~~,11~1~re;Gin~ 1{~li~k~ n-~c:~rc~h,°~i>'r>fiin~ ~tic~ r~~pan~,~~~tr, ttx4xt~ntx~, drat~ltl~~t~d t'~~la~sxdirt~; ct~ cii~cc>ver}f ,~uc,~t:~, c}r~lli,t~= ~laTS~;ll~e: ~iric~tis, ttt'ld. 15xu~~idin~ ~rltzn~ l~~l. ~~1~'trG' jo ~ ~'~ri~a~;Ul lc,cal .~~~~•~t•tt~rl~:ui. ~;lit~tt~~ i;x ~iSltlhi;i'tx - taxlicarlti~r. E~i~'icc" of the t;ltt~ r~ttt,t'ite~: a f`iS.~~ cff Istt~ :Art~;t:l~~ ~IS~~"?1 l:~?s .~,t~~~1rS, ~~:~li~'~rtxil~~ _ Scr+,~c;cl ,ss ~t tilll-ti>i~xc ~'~rtt~td I~~;tz:xl l,tt?:nt ird't}ae 1'~11ice i,iti~;atic?,~ 11~,it.:ct~xl,irtixl~ }c.~~l €~~tiarG;h, ttrrttlitr~ rtnt3 tx:~Irotlilitxt; to >:~cxtit.?ti:;, }xr~p~,°in~ j~.u~~ irr~[ruettc~rt~, tt~~I E,tllc[~ t~~latctl ~ltttie~ dc~ltndi,z~ 11>:~ l,r~E'J~ i~x [ir;<hi€itti: liiit;~tlryt,. I"t r~>;r ~ ~~~~ ~'t~t"ta~ c.+lret~t T~"~m~~~o~r~er Ni~By~~: it~i~~crhidc_Ea~ut,f.~~ ~~r,t~rii'~`~ I)~~i;~rfarat+nt !~C'~r,,ura:r~~l (l~ii~ -- 4r1~}~) ]~r.Iriitt~ ~hrii~f' E~ tiitt~ i.~1~c i'aiicc T}eptrtt3ac~nt (C~r!`alurrritrl {zz5~=I t~+~~l ]'otcc ~}t7iccr, f't~r~u,~n1, L~ett:cti~•~,~e~~eEU~[ ~24tStt it?%4~1 Y:~tic~ Ui~:pztt~:hrt~tt>~~ty-s~~u~A'a} 1 ~~~ ~~; ............................................................... .......................... ......................... ........... ........................................... . ........................................ ................ ............................................................ ........................................................ __ _ _ _ __. .............................. .................. ___ .................................................. . ..................... .......................... ~'~i~.~i~e~:~tQZ~ ~~`~~9e~1 w+~~ai~y ~?,~~~r~xn ~it~,:c~f. ~'a~~ trn or "" HOME f3E P~f~Ar( IStANb AGENDA TRANSMITTAL Subject: Agenda No. ~ ~ . ~ 2 ~ Department Orig'y~. City Manager Chamber of Commerce City Attorney: ~.. City Clerk: Ap ove Submittal by: + Date Submitted: 18 JAN 07 ' n ,City Manager Exhibits: Insurance Estimates from PRIA EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A N/A SUMMARY At the January 10 meeting, by consensus, Council authorized the temporary insurance coverage 01"the Chamber Facility. However, it was requested that this item be placed on the agenda for further consideration and discussion. For your review, I have enclosed a letter from Public Risk Insurance Agency with price quotes for building coverage. As you know, to cover the facility for the remainder of the fiscal year that cost would be $1,600. However, I requested additional quotes to estimate future values of the building after proposed refurbishment are completed. RECOMMENDED ACTION None at this time. ~3f ~~Con~. /3z PRIA PUBLIC RISK INSURANCE AGENCY January 12, 2007 Shai Frances City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Package Policy - PK FL 1 0312002 06-02 Dear Shai: Per our conversation this afternoon, if the Chamber of Commerce Building were damaged, there could be consequences to the City's overall property premium for future policy years. Depending on the severity of the loss and the loss history of the City as a whole, the consequences can vary greatly. Also, if the Chamber of Commerce Building were to be rebuilt with a value of $500,000 and assuming the same construction as the current stricture, the premium would be approximately $6,000 annually. If the value is $1,000,000, the approximate premium would be $12,000. This is an estimate and is based on current rates. This estimate could change next policy term (October 1, 2007 to October 1, 2008) depending on the premium rates. Please do not hesitate to contact our office should you have any questions. Kind Regards, ,, ' ~., r ? `ti.~~_.~.....~ Michelle Martin Account Executive "~~ ~~1~ 1~ i~~+~.tl~~lt~.~ Serving the Insurance Needs of Florida's Governmental Entities Since 1992 PO Box 958455 Lake Mary, Florida 32795-8455 Phone: (321) 832-1500 Fax: (321) 832-1513 L~ ~-an.lc~ lay tm of ~` HCC?Ml: ~QF PELiG1N fSLAND AGENDA TRANSMITTAL Subject: Agenda No. ~7_ C3 l y' Camp Dresser McKee (CDM) Proposal for Department Origin: Engineering Construction Services for Twin Ditches Stormwater Finance Dept.: Retrofit Project City Attorney: City Clerk: Date Submitted: Ap rov f r Submittal by: For Agenda of: 24 January 2007 inr er, City Manager Exhibits: Cover Letter and Document from CDM EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: 560.00 Not to exceed $35 Remaining unallocated $112,518 $35,560 from Series 2003 Bond , Proceeds SUMMARY City solicited proposal from Camp Dresser McKee (CDM) in mid-2006 to provide professional engineering services during contracting and construction for the Twin Ditches Capital Improvements Project. This. project essentially calls for the removal of the middle berm in approximately 4000 LF of the existing major double (or "twin") ditches parallel to Main Street and adjacent to the road to the Municipal Golf Course from Airport Drive East nearly to Wimbrow Drive. These improvements will effectively convert the existing conveyance into a Best Management Practice (BMP) wet detention treatment system in order to increase sedimentation control, reduce turbidity, and improve water quality of the stormwater runoff discharged to the St. Sebastian River. The project will be constructed on approximately 7 acres of City owned property and right of way to treat stormwater runoff from nearly 615 acres of primarily residential development watershed. The project also includes construction of a new control structure at the west end to control the discharge of run-off to the St. Sebastian River. This project has been identified as a major component of the City's adopted Master Stormwater Management Plan. The SJRWMD permit for the project was obtained in 2006. The low bidder for the construction contract is Master Excavators, Inc., (MEt); with a bid of $897,133.50 and Council approved going forward with award of the construction contract to MEI on 10 January 2007. The amount of funding currently remaining in the project budget is $1,009,652,25 ($112,518.75 more than the low construction contract bid). It is proposed to commit no more than $35,560 of that underrun amount to the subject contract amendment to CDM for providing ongoing engineering services during contracting and construction for the project. Any budgeted amounts not spent on this project will go toward funding of other projects within the Stormwater Capital Improvement Program. It should be noted the City has been advised by DEP that its grant application for $500,000 for this, project, prepared in large part by CDM, is currently in process and, funding resources permitting, is likely to be awarded to the City perhaps as early as August 2007. Discussions with DEP, however, indicate the City could not take advantage of such grant on this project if the project is substantially complete by the time the grant is ready for award (which may well be the case). City therefore has requested DEP ~ consideration for applying the $500,000 grant to another stormwater capital improvement project that ~ ~~ ~ could take advantage of the grant at a later date (i.e., the Collier Creek Dredging project). DEP has agreed to favorably consider such request and City, with CDM assistance, is therefore currently revising the grant application package to effect such transfer of the $500,000 grant opportunity to the Collier Creek Dredging project. RECOMMENDED ACTION Move to accept CDM proposal to provide professional engineering services during contracting and construction of the Twin Ditches Stormwater Retrofit Project for an upper limit amount of $35,560 with tasks to be performed and billed as identified in the accompanying documentation. l3l~ • ~ 1701 HighwayA-1-A, Suite 301 Vero Beach, Florida 32963 tel: 772 231-4301 fax: 772 231-4332 January 16, 2007 Mr. David W. Fisher, P.E. City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Twin Ditches Stormwater Retrofit Project Proposal for Construction Services Dear Mr. Fisher: CDM is pleased to submit this proposal to provide professional engineering services during construction for the Twin Ditches Stormwater Retrofit Project. This proposal is for an upper limit amount of $35,560.00 for performing the tasks as identified in the attached Exhibit A. Payment shall be made on a billing schedule basis, based on our standard billing rates plus direct costs. CDM will submit monthly invoices for the work performed CDM appreciates the opportunity of provide you with this proposal and looks forward to being of service to the City of Sebastian on this project. Very truly yours, Ana . DeMelo,~ E. Project Manager Camp Dresser & McKee Inc. File: 0000-EJGNB-MD. EJGSEB cc: Eric Grotke, CDM/VRB ~~~J jb1084.doc consulting • engineering • construction • operations EXI IIBTT A WORK ASSIGNMENT UNDER PROFESSIONAL SERVICES ENGINEERING AN-D ENVIRONMENTAL SERVICES AGREEMENT CITY OF SEBASTIAN, FLORIDA TWIlV DITCHES STORMWATER RETROFIT PROJECT PHASE II -CONSTRUCTION SERVICES SCOPE OF SERVICES CDM shall.perform the following described engineering services related to bidding and construction services for the City of Sebastian (CITY) Twin Ditches and Middle Stonecrop Stormwater Retrofit Projects. TASK 1.0 GENERAL ENGINEERING SERVICES These services shall include the following subtasks: Subtask 1.1 CDM will obtain the Front End Documents from the City, review and prepare the contract documents, incorporate the technical specifications, and submit the complete package to the City for review. Subtask 1.2 CDM will consult with and advise the CTI'Y and act as its representative as provided in the General Conditions of the construction contract. Consult with and advise the CITY as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution is permitted by the Contract Documents. Subtask 1.3 CDM will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work of the Contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. During such visits and on the basis of on-site observations; CDM shall keep the CITY informed of the progress of the work, shall endeavor to guard the CITY against defects and deficiencies in such work and may disapprove or reject work as failing to conform to the Contract Documents. Subtask 1.4 CDM will review and approve Shop Drawings and samples, the results of tests and inspections and other data which the Contractor is required to submit. Subtask 1.5 CDM will issue CITY instructions to the Contractor and issue necessary interpretations and clarifications of the Contract Documents. Have authority as the CTTY's representative, to require special inspection or testing of the work. Act as initial interpreter of the requirements of the Contract Documents regarding the execution and progress of the work. ~3g A-1 w~e2ns.aoc Subtask 1.6 CDM wi}1 assist. the City in reviewing the applications for payment, the accompanying data and schedule. The application for payment will be reviewed during the monthly meetings. CDM and the City will determine the amounts owing to the Contractor, based on on site observation and documentation. City will process the applications for payment and will administrate the construction project. CDM will provide technical guidance. Subtask 1.7 CDM will conduct a final check to determine if the work has been completed in accordance with the Contract Documents. TASK 2.0 SPECIAL ENGIlVEERING SERVICES Activities performed under this task consist of supplementary and special engineering services required during the construction and implementation of the project. Subtask 2.1 Prepare for the CITY a set of reproducible record drawings and two (2) blueline prints showing those significant changes made during the construction process based on digital files (AutoCAD) information furnished to CDM by the Contractor. Subtask 2.2 Provide services in connection with preparing final certifications of completion of construction. PAYMENT AND COMPENSATION PHASE II CONSTRUCTION SERVICES Compensation for Phase II shall be for an upper limit amount of $ 35,560. ESTIMATED PROJECT SCHEDULE An estimated project schedule outlining the project phases is as follows: Construction Services 6 Months L~ 39~' A-2 w~e2nado~ a~ w 1~ ~ a~ ~w5 ~ IoW O ~ ~ ~ O O ~~ x ~ z W~ w ~p0 O b ~~W U~~ F--~ ~"~ ,, ~ _.,.o_oo.gooo N o ~ o o__ ,-~ f q O O ~ ~ f D_ (O O ~ r j N O r N N 1~ F` V ~ ~O t[ C M N fi? E14 fi? d} fH. EA E9 N Ef} EH ~ tt~ ~ ~ ~ O ~ ~ M ~ M~ (00 ~~ N N N N O C G M 2 w '" v C i CEC ' o~o~oOO ~d' O p `a~ c0 a ~. ~ a 0000000 aoo 00 y ~~ ~~ C i ~ ~_ O~ G r O N ~ N O (O Op O ~ w r O 6l! a ~~ o~= • ~ ~ N O~ ~ N N r '~ N OD ~ N O~ a = .mot i at0x ~F C O ' N N E d' CC r st N O S tl y C f ~ r d Q v L i d O O ti' O N N O O V ~ 0 ~ v N J a J Q .~ F - t - 0 ~ ~ 0 ~ m N ~ y 3 y W ~W> 3 n~ ~ ~ N v~ ~ O C R ~~ N p. O N Y C O L~L ~ ~ C m N C 0 H N ~, N _O C C ~ O N .- ' F N = .n ~ C 3 O O (/ C ~ N W~ ~ w~ ~ p ~ m. ~ ~ 0 co ~ ~ W~ ~ ~ U L c °~ ~~ o U c~ ' cg o ~ ~ ~:ctLL o o i m a a~ii ~ r N C7 ~ lA (O I~ N N N N r r r t" r r T ~ L L ,; N Q1T t~ ,. ~~ ,... w.; _. HE~ME OF PEEXCAN ISiANL1 AGENDA TRANSMITTAL Subject: Agenda No. f~ 7> ~ ~. Camp Dresser McKee (CDM) Contract Amendment Department Origin: Engineering No. 1 for Middle Stonecrop Stormwater Retrofit Finance Dept.: Project City Attorney: City Clerk: Date Submitted: Ap rov for Submittal by: For Agenda of: 24 January 2007 -~.. n er, City Manager Exhibits: Cover Letter and Document from CDM EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: 2003 Series Proceeds $194,779 NSA SUMMARY In mid-2006, City requested Camp Dresser McKee (CDM), engineers of record for the Middle Stonecrop Stormwater Retrofit Project, to revise /reduce the project scope and budget as part of a series of measures to ensure adequate funding for the much larger Collier Canal Retrofit /Dredging Project. This request resulted in a reduction of the basic engineering services for the Middle Stonecrop project and further realized a deduct in the cost to the City of such services in the amount of $50,000 (from a previous project upper limit of $194,779 to $144,779). A reduced design has been permitted by SJRWMD for the Middle Stonecrop project and the project is ready to go forward with the designed improvements following determination of total funding available which is awaiting the further determination of funding requirements for the Collier Creek Canal Retrofit / Dredging Project. The design/permit incorporates repairs to the system as a result of Hurricanes Fances and Jeanne in 2005. Improvements are required within the 5-year permit timeframe. RECOMMENDED ACTION Move to accept the proposed CDM contract amendment resulting in a deduct of $50,000 for the upper limit for engineering services from $194,779 to $144,779, all in accordance with the accompanying documentation. 1~1 ~~~~~~ /~f~ 1701 Highway A-1-A, Suite 301 Vero Beach, Florida 32963 tel: 772 231-4301 fax: 772 231-4332 January 16, 2007 Mr. David W. Fisher, P.E. City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Middle Stonecrop Stormwater Retrofit Project Contract Amendment Dear Mr. Fisher: Transmitted herewith are three original copies of the above referenced amendment. This amendment is intended to revise the project scope and budget as directed by City staff for the Middle Stonecrop Stormwater Retrofit project, reducing the total cost by $50,000. Reduction of the scope and budget was necessary to fund Collier Canal improvements. A permit from the St. John's Water Management District has been obtained for the Middle Stonecrop project for the necessary improvements to be completed upon availability of funds. CDM appreciates the opportunity to continue assisting the City on this important project. If you have any questions or comments on the enclosed amendment, please contact me. Very truly yours, ' ~ / 1/ tke, P.E., BCEE Principal Engineer Camp Dresser & McKee Inc. File: 20582-43056 cc: Ana DeMelo, CDM/WPB Jennifer Webster, CDM/WPB ~~3 jb1083.doc Eric ro consulting • engineering • construction • operations AMENDMENT NO: 1 TO AGREEMENT BETWEEN OWNER AND ENGINEER This Amendment No: 1 is made and entered into this day of January, 2007 to the Agreement between Camp Dresser & McKee Inc. ("ENGINEER") and City of Sebastian ("OWNER") dated June 9, 2004, ("the Agreement"). WHEREAS, ENGINEER and OWNER entered into the Agreement for the Middle Stonecrop Stormwater Retrofit Project, and WHEREAS, the parties desire to amend the Agreement so as to amend the scope of work, time periods of performance and payment, and/or responsibilities of OWNER; and WHEREAS, the Agreement provides that any amendments shall be valid only when expressed in writing and signed by the parties. NOW THEREFORE, in consideration of the mutual understandings and Agreements contained herein, the parties agree to amend the Agreement as follows: 1. The Basic Services of ENGINEER as described in the Agreement are amended and supplemented as follows: The Scope of Services for the project was revised to account for hurricane impacts and wetland modifications. Improvements to conveyance system postponed. 2. The responsibilities of OWNER as described in the Agreement are amended and supplemented as follows: N/A 3. The time periods for the performance of ENGINEER's services as set forth in the Agreement are amended and supplemented as follows: N/A 4. The payment for services rendered by ENGINEER shall be as set forth below: The project upper limit is reduced from $194,779 to $144,779. 5. Except as herein modified, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment on the date indicated above forthe purpose herein expressed. /' t n ~ I EricJ. ~otke, P.E., BCEE Principal Engineer Camp Dresser & Mckee Inc. DATE: X11101 ~'~ 7/2006 1 ~~ Brian Burkeen City Mayor City of Sebastian DATE: 4/Ol ~a ~~lc~z~ ~~~ When using this Amendment please note the following additional instructions. In the first paragraph (WHEREAS, ENGINEER and OWNER entered etc.) please describe the original scope for the contract i.e. study and report design, engineering services during construction. Use same description as in original contract Under item number one Basic Services of ENGINEER, please include new or expanded scope. Item two should include any new or expanded responsibilities of OWNER Item three should include new time for completion Item four should spell out very clearly the change in price. Example the lump sum amount is changed from $100,000 to $750,000. 7/2006 i ~~~ i~8 ttnr ~ ~..,tr`L,'~ H£.114{E €>F PEitCJ~i 6St1Wt? AGENDA TRANSMITTAL Subject: Agenda No. (~ 7, D Z ~ Camp Dresser McKee (CDM) Contract Amendment Department Origin: Engineering No. 1 for Collier Canal Stormwater Retrofit / Dredging Project Finance De t p a City Attorney: Ap rov for Submittal by: City Clerk: For Agenda of: 24 January 2007 1 er, City Manager Exhibits: Cover Letter and Document from CDM EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: $478,619 from Series 2003 Bond $413,497 from Series 2003 $65,122 from 2003 Bond Proceeds Proceeds Proceeds SUMMARY In 2006 the City requested Camp Dresser McKee (CDM), engineers of record for the Collier Canal Project, to provide necessary additional professional engineering services for that project regarding design revisions and permitting process requirements.-Those additional services where required after SJRWMD's initial staff review, which listed nine project concerns. At the January 10 h meeting,. a report was provided to Council which enumerated these issues and provided a project update -that report is attached hereto. Directly, because of these SJRWMD design issues, CDM was required to provide additional professional service, which are outside the scope of their original agreements. THE AGREEMENTS When this. project started in April 2004, the City entered into two separate professional service agreements with. CDM. The purpose behind this action was to financially segregate how to pay for the proposed Collier Creek Project. At that time, a delineation was made between how to pay for improvements that would be funded via the "new stormwater utility fees" (i.e., dredging) and what improvements would be paid by charging an assessment (i.e., seawalls). Hence two contracts with CDM were made; one in the amount of $174,795 titled "Collier Creek Rehabilitation and Stormwater Retrofit" and another in the amount. of $238,702 titled "Collier Canal Seawall Assessment and Design". However, when the determination was made in early summer 2005 that the seawalls were a responsibility of the City, the need to have separate contracts was extinguished and as a result project payments and expenditures have been co-mingled in the Collier Creek Improvements Project, financed with 2003 Stormwater Utility Revenue Bonds, Series 2003 proceeds. To date, the City has paid CDM a total of approximately $413,497, representing the total of the two . contracts. However since major work was still required after the first SJRWMD staff review, there is only the need to modify one contract. Since the professional service contracts are interchangeable, CDM and staff are recommending an amendment in the amount of $65,122.00 to the "Collier Canal Seawall Assessment and Design Contract" (from $238,702.00 to $303,824); thereby .bringing total payments. to CDM for the project to $478,619. PROJECT STATUS For sometime, CDM has put the City on notice about work they are conducting "outside" the original scope of the service agreements. However, as delays occurred from CDM and SJRWMD which slowed down project progress, as a management practice, I believed CDM needed to provide the City with a good faith effort to move the project along before consideration of the additional payment request would be made. CDM has delivered on this promises and at this time, the request should be granted. Consider the following milestones that have been realized: 1. The Collier Canal Project is now scheduled for SJRWMD Board review, where permitting approval may be granted as soon as February 2007. Once the permit is received the project will be bid. 2. CDM has made design changes that saved potential mitigation costs. If you recall, there was potential for up to $1,000,000 in mitigation penalties that SJRWMD could apply. This risk has now been reduced to a potential of $100,000 or less. Once final comments are received, the exact amount will be available. 3. The City has been advised by DEP that its grant application for $500,000 for the Twin Ditches project, prepared in large part by CDM, is likely to be awarded to the City perhaps as early as August 2007. Although, these funds may not be used for the Twin Ditch project, CDM is in the process of preparing the administrative work to transfer this grant to the Collier Creek Project where an additional $500,000 in bond proceeds can be saved. SJRWMD has commented favorable about this project transfer. In all, with CDM's professional assistance there is a potential savings of $1,400,000. These savings easily cover the additional contract amendment request in the amount of $65,122.00. RECOMMENDED ACTION Move to approve CDM contract amendment for the Collier Canal project raising the upper limit for engineering services by an amount not to exceed $65,122.00, all in accordance with accompanying documentation. FINAL NOTE At this time $3,029,449 is available from bond funds to contract the project. Additional monies can also be transfer from the Twin Ditch project for Collier Creek ~5~ Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 I D. Fisher Following is an update status report regarding the Collier Creek Stormwater Retrofit Project, a multi-million dollar project calling for dredging and slope stabilization of the Collier Canal wet detention facility. Nature of the Collier Canal System and Project Objectives Collier Canal is major part of the City's existing stormwater management system and the major collector of stormwater runoff from the roads and residential properties located in the Sebastian Highlands Unit #2 and Unit #4, a total tributary basin of approximately 850 acres (approximately 750 acres of which is residential to both the northeast and to the southwest of the canal). There is a significant flow control structure (aka The Collier Creek Dam) at the north end of the canal adjacent to Hardee Park with a controlling elevation of 15.5 ft NGVD. Flow from the structure northward is through a relatively narrow, natural riparian system that discharges directly into the South Prong of the St. Sebastian River which itself discharges into the Indian River Lagoon. Flow from tributary ditches discharges directly-into Collier Canal The Collier Canal system is an approximately 6000-ft long, linear-dredged canal that varies in width from 80 ft to 100 ft. Since its construction in the 1960s, no continual maintenance dredging program has been performed on the canal. This lack of maintenance has resulted in severe deposition and erosion problems that have led to a degradation of both in-canal and discharge water quality. In addition, there is extensive bulkhead failure occurring along much of the perimeter of the canal. The continuous erosion and deposition has resulted in an existing condition more characteristic of a shallow linear detention pond rather than the originally intended deepwater canal system. The existing canal bottom, not recently dredged or maintained, varies between elevations 10.0 to 13.0 ft feet NGVD. The project calls for dredging the canal to a depth of 8.5 feet NGVD which will increase the permanent pool volume and result in a reduction of mass loading of nutrients and suspended solids to the ecosystem of the St. Sebastian River and the Indian River Lagoon. • Both the St. Sebastan River and the Indian River Lagoon, for their protection and improvement, are now subject to established regulatory objectives for total maximum daily loads (TMDLs) and pollutant load reduction goals (PLRGs). Accordingly, the proposed dredging and slope stabilization in Collier Canal have two main specific objectives: 1. To provide baseline water quality improvement by removal of approximately 33,000 CY of accumulated sediments which will deepen the canal by an average of approximately three feet and provide an increase in the all-important system residence time to 9.5 days from the existing 5.2 days, an increase of more than 80 percent. 2. To stabilize failing seawall. and side slope situations thereby preventing additional erosion of the adjacent land into the canal. ~h 5 Jan 07 / DWF Pg 7 of 4 Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher 15z Design: The basic design of the Collier Canal Retrofit Project has evolved since late 2004 /early 2005 through identification and discussion of environmental and regulatory concerns, extensive public input, and a continuous ongoing evaluation of City and project objectives and financial parameters. The resulting project design, represented in current permitting application documents, is characterized by: Retrofitting existing canal perimeter bulkheads with fabric and stone rip-rap with 3:1 side slopes and dredging the canal to lower the bottom elevation several feet to increase the permanent pool storage volume. Side slopes will be clad with rip-rap that go up to but not beyond the original existing seawalls (instead of, as originally planned, to the property lines generally behind the existing walls in most locations). All locations will get rip-rap treatment but in some locations with badly deteriorated seawall, the bulkheads will be replaced for structural purposes (perhaps 2-5 locations). The rip-rap will be installed from the top of slope to elevation 13.5 NGVD, two feet below the normal water surface level. Where. the existing seawall has failed beyond repair, it will be entombed in the canal. • A newly vegetated wetland littoral zone and wading bird habitat at Hardee Park with some existing wading bird habitat remaining on the south end of the canal near CR-512. A construction /dredging plan that can be done in phases based on available funding with the first phase likely being done from CR-512 northward to the Fleming Street bridge, the second phase being done between the Fleming Street bridge and the Barber / Lake Street bridge, and the final phase, if called for, northward from the Barber /Lake Street bridge to the control structure. There is a minimal amount of work to be done at the control structure on the north end, mainly replacing existing gauges and providing some control over the level /configuration of the boards in the structure. There will be a temporary spoil area in Hardee Park during construction for dewatering of the majority of the dredged material prior to reuse in the project and/or further disposal at approval sites. 5 Jan 07 / DWF Pg2of4 Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher Permitting: The initial SJRWMD permit application reflecting all input and design up to that date was submitted in March 2006. The formal response from SJRWMD in April 2006 requested further information in nine (9) specific areas: 1. Archaeological /historical resources impact; 2. Definition of surtace waters acreage and impact; 3. Amount of proposed dredging and material to be removed; 4. Prevention of erosion and slumping during low water conditions; 5. Construction /dredging plan; 6. Dewatering and turbidity control plan; 7. Sediment analysis; 8. Details of the then proposed plan to use a pipeline for the pumping of sediments to a SJRWMD containment area; 9. Impacts to fish, wildlife, and wading bird habitat. After further extended discussion and review, public input, evaluation of changed conditions, and further assessment and articulation of Ciry objectives, the response to that SJRWMD request for additional information was filed on 14 December 2006. It reflects the following: 1. Awaiting comments from State Division of Historical Resources. 2. Based on the SJRWMD definition that surface waters are defined from top of bank to top of bank, there are approximately 13.6 acres of dredging and/or fill impacts to surtace waters. Wading bird habitat issues have been revisited and surveyed further with the impact now estimated to be 0.65 acres and to be mainly accommodated at Hardee Park location. 3. The existing canal varies in depth buf it will be dredged to a depth of approximately 8.5 feet NGVD, about five feet below normal surface water elevation. 4. Anew slope stability analysispertaining to revised plans recommends not lowering the water level of the canal more. than 1-2 feet in a gradual drawdown when constructing new slopes and associated work. Groundwater levels behind the slope(s) will need to be monitored and restrictions will be required regarding how far the canal water level can be lowered. 5. Construction means and methods are to be determined by the contractor subject to prior engineering approval. Note, however, the type of drawdown restrictions in item (4) directly above and that dredged material will be brought to Hardee Park for separation and dewatering prior to any reuse in the project and/or further disposal at approved sites. Hardee Park will be designed and permitted as a temporary containment area. 6. A detailed dewatering and turbidity control plan will provide guidelines, procedures, and methods for contractor to follow for protection of sensitive downstream systems and prevention of state water quality violations. See item (5) directly above. 7. A sediment analysis dated 21 January 2005 is included in an attached geotechnical report which indicates the samples did not contain contaminant compounds above lab method detection limits with the exception of total barium, total chromium, total lead, and total petroleum hydrocarbons, none of which exceed residential or leachability-based Soil Cleanup Target Levels. 8. City no longer proposes pumping material through a pipeline to a dredge material containment area owned by SJRWMD. Schedule, cost, and further permitting requirements preclude going any further with this previously proposed option. 9. As noted above, SJRWMD recommends City utilize Hardee Park to create 0.65 acre of new wading bird habitat in a newly vegetated littoral wetlands zone there. Also, there is an additional 0.46 acre of existing wading bird habitat that will be preserved and enhanced. 5 Jan 07 / DWF Pg3of4 l Status Update: Collier Creek StormwaterRetrofit Project 5 January 2007 / D. Fisher Construction Based on permitting approval (currently expected by end March 2007), we currently anticipate soliciting construction bids in the March -June time period with contract award and construction beginning by July 2007. Depending on how many phases to be undertaken in the first contract (itself likely determined by construction bid pricing and funding available), the entire project schedule is currently expected to be in the range of 18 months. - Financial The current budget amount allocated to the Collier Creek Stormwater Retrofit Project is approximately $3.5 million. The original amount allocated was approximately $1.44 million but was increased to take into account the lack of any homeowner assessment for the project as was originally anticipated at the time of overall program bond funding. The Collier Creek Stormwater Retrofit Project is the single largest project in the city's Stormwater Capital Improvement Program and other projects and grant opportunities have been evaluated and amended to reflect the needs and the large weighted value of the Collier Creek project within the overall program. Some major factors in this approach are: City revisiting and deciding to cancel long-term plans for an additional curb-and- gutter program in the Sebastian Highlands basin served by the Collier Creek Canal. This decision enabled design revisions to the Collier Creek Canal project that result in a less expensive and less intrusive project while also reducing the amount of stormwater enhancement "credits" originally called for by a future curb-and-gutter program. • City deciding to not go forward at this time with any plan for City sanitary sewer and/or potable water system. This decision avoided additional project expense that may have been needed to address such concerns. • Cutting back on the extent and depth of the improvements to the Collier Canal to reduce costs as well as to address come citizen concerns regarding possibly more intrusive design /construction measures. • Requesting the transfer of a recent prospective $500,000 grant to the Collier Creek Project from the Twin Ditches project to enable City to take full benefit of the grant. • Working with SJRWMD to minimize the cost of any "mitigation" required by the project. We expect to know the level of that prospective mitigation cost soon and also expect it to be significantly lower than the current conservative budget estimate for same. • Temporarily holding back the start of some of the other stormwater capital improvement projects until more is known about the actual financial needs of the Collier Creek project. /5~ 5 Jan 07 / DWF Pg4of4 ~^ ~ ~'~ 1701 HighwayA-1-A, Suite 301 Vero Beach, Florida 32963 tel: 772 231-4301 fax: 772 231-4332 January 16, 2007 Mr. David W. Fisher, P.E. City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Collier Canal Seawall Assessment and Design Project Contract Amendment Dear Mr. Fisher: Transmitted herewith are three original copies of the above referenced amendment. This amendment is intended to provide additional professional engineering support to the City with regards to the following items: ^ Contained Disposal Facility Analysis and dredging contractor negotiations ^ Wetland mitigation negotiations and model development ^ Revisions to the seawall retrofit design as a result of the St. Johns River Water Management District's Request for Additional Information ^ Bidding services ^ Grant application assistance (319 grant applications) ^ Preparation of the UMAM report CDM appreciates the opportunity to continue assisting the City on this important project. If you have any questions or comments on the enclosed amendment, please contact me. Very truly yours, Eric tke, P.E., BCEE Principal Engineer ~~ jb1082.doc Camp Dresser & McKee Inc. File: 20582-43056 consulting • engineering • construction • operations Ft Mr. David W. Fisher January 16, 2007 Page 2 cc: Ana DeMelo, CDM/WPB Jennifer Webster, CDM/VRB 5~, jb1082.doc AMENDMENT NO: 1 TO AGREEMENT BETWEEN OWNER AND ENGINEER This Amendment No: 1 is made and entered into this day of January, 2007 to the Agreement between Camp Dresser & McKee Inc. ("ENGINEER") and City of Sebastian ("OWNER") dated Apri126, 2004, ("the Agreement") WHEREAS, ENGINEER and OWNER entered into the Agreement for the Collier Canal Seawall Assessment and Design Project, and WHEREAS, the parties desire to amend the Agreement so as to amend the scope of work, time periods of performance and payment, and/or responsibilities of OWNER; and WHEREAS, the Agreement provides that any amendments shall be valid only when expressed in writing and signed by the parties. NOW THEREFORE, in consideration of the mutual understandings and Agreements contained herein, the parties agree to amend the Agreement as follows: 1. The Basic Services of ENGINEER as described in the Agreement are amended and supplemented as follows: The additional services are described in Exhibit A attached herein. 2. The responsibilities of OWNER as described in the Agreement are amended and supplemented as follows: No Change 3. The time periods for the performance of ENGINEER'S services as set forth in the Agreement are amended and supplemented as follows: The additional services will be completed within three (3) months from the Notice to Proceed with an estimated completion date of February 2007. 4. The payment for services rendered by ENGINEER shall be as set forth below: Compensation for the additional services shall be for an upper limit amount of $65,122.00. 5. Except as herein modified, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment on the date indicated above for the purpose herein expressed. v c ~~ v Eric otke, P.E., BCEE Principal Engineer Camp Dresser & Mckee Inc. DATE: ll1 `) p~ 7/2006 1 is~ Brian Burkeen Mayor City of Sebastian DATE: 4/01 ~ /a~ City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. n ~l . ~ ~~ Subject: 2°d Amendment to Philipson Airport Lease Date Submitted: 1/17/07 For Agenda of: 1/24/07 SUMMARY: The bank looking to provide financing for the Sebastian Airport Storage, LLC, project is not willing to loan funds under the terms of the existing lease, which reads: ARTICLE XVII LEASEHOLD ENCUMBRANCES Landlord will not subordinate its interest in the Premises or in this Lease to any Mortgage. In consideration of this, the airport management asks that the option on the adjoining northern parcel be released so that it can be marketed. RECOMMENDED ACTION: Move to authorize execution of ECOND AMENDMENT TO AIRPORT NON-AVIATION LEASE with Sebastian Airport Storage, LLC. AGREEMENT REVIEWED BY CITY CLERK: i AGREEMENT REVIEWED BY CITY ATTORNEY: ~_ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER. l 5q l~lcv~lc. ~l~O SECOND AMENDMENT OF AIRPORT NON-AVIATION LEASE AGREEMENT THIS SECOND AMENDMENT of that certain AIRPORT NON-AVIATION LEASE AGREEMENT by and between the CITY OF SEBASTIAN (hereinafter called "Landlord") and Steven Philipson, dated January 30, 2004, (hereinafter called "Lease"), as subsequently amended and assigned to SEBASTIAN AIRPORT STORAGE, LLC (hereinafter called "Tenant") by agreement dated July 14, 2004 (hereinafter called "Amendment One"), provides as follows: WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, the Landlord agreed to lease such property under the Lease, as subsequently amended and assigned to Tenant, and WHEREAS, Tenant wishes to modify said amended Lease, and Landlord wishes to have a pending option held by Tenant lapse; and WHEREAS, Tenant and Landlord are mutually agreeable to said changes; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. Article XVII, Leasehold Encumbrances, of the Lease is hereby amended to read as follows: ARTICLE XVII LEASEHOLD ENCUMBRANCES 17.1 Mortgage Authorized: Tenant may encumber only its leasehold estate by the execution and delivery of a Mortgage. Landlord's written consent is required before any mortgage, other than one for construction of the approved structures for the site plan for the Premises, is made which encumbrances said Leasehold estate. Landlord will not subordinate its interest in the Premises or in this Lease to any Mortgage. The Mortgagee of any such Mortgage may deliver to Landlord a written notice specifying (i) the amount of the obligation secured by the Mortgage and the date(s) of the maturity thereof; and (ii) the name and address of the Mortgagee. After receipt of such notice, Landlord shall serve such Mortgagee by certified or registered mail, at the latest address furnished by such Mortgagee, a copy of every notice of default or demand served by Landlord upon Tenant under the terms and provisions of this Lease so long as such Mortgage is in effect. In the event of any assignment of a Mortgage or in the event of a change of address of the Mortgagee or of an assignee of such Mortgage, notice of the new name and address shall be provided to Landlord. ~~I 17.2 Mortga eeg ,s Rights. Upon receipt of a notice of default, Mortgagee shall have thirty (30) days after receipt of such notice within which, at Mortgagee's election, either: to cure the default if it can be cured by the-payment or expenditure..... of money; to perform such other action as may be necessary to cure the default- or if the default is not a default in the payment or expenditure of money and is curable but cannot be cured within thirty (30) days, to commence performance within such thirty (30) day period and thereafter diligently prosecute the same to completion, in which event the default will be deemed to have been cured. In the event it is necessary for Mortgagee to obtain possession of the Premises in order to cure a default, Mortgagee shall be deemed to have cured said default if it institutes foreclosure proceedings within such thirty (30) day period and completes such foreclosure proceedings or otherwise acquires Tenant's interest under this Lease with diligence and continuity and thereafter commences and diligently proceeds to cure such default; provided, however, that Mortgagee shall not be required to continue such possession or continue such foreclosure proceedings if the default which would have been the reason for serving a default notice shall be cured, and provided further, that nothing in this Article shall preclude Landlord from exercising any rights or remedies under this Lease with respect to any other default by the Tenant during any period of such forbearance. 17.3 Additional Rights of Mortgagee. In the event of foreclosure by any Mortgagee, the purchaser at the foreclosure sale or the Person acquiring Tenant's interest in lieu of foreclosure shall succeed to and be bound by all of Tenant's rights, interests, duties and obligations under this Lease. In the event that a Mortgagee shall become the owner or holder of the Tenant's interest by foreclosure of its Mortgage or by assignment of this Lease in lieu of foreclosure or otherwise, the term "Tenant", as used in this Lease, means only the owner or holder of the Tenant's interest for the time being so that, in the event of a sale, assignment or other disposition of the Tenant's interest in this Lease by the Mortgagee, the Mortgagee shall be entirely freed and relieved of all covenants and obligations of the Tenant under this Lease arising after the date of such sale, assignment or other disposition, and it shall be deemed and construed, without further agreement between Landlord and Mortgagee or between Landlord, Mortgagee and the Mortgagee's purchaser or assignee at any such sale or upon assignment of Tenant's interest, that the purchaser or assignee of Tenant's interest has assumed and agreed to carry out any and all covenants and obligations of Tenant. In the event of the termination of this Lease or of any extension of said Lease prior to its stated expiration date, or in the event of the termination of Tenant's right to possession of the Premises as a result of an event of default by Tenant hereunder, Landlord will enter into a new lease of the Premises with Mortgagee or, at the request of such Mortgagee, with a corporation which is wholly owned by such Mortgagee, for the remainder of the term effective on the date of such termination of this Lease (or termination of Tenant's right to possession of the Premises) at the Rent and upon the covenants, agreements, terms, provisions and limitations contained in this Lease, provided that such Mortgagee makes written request and executes, acknowledges and delivers to Landlord such new lease within thirty (30) days from the date of such termination of this Lease (or termination of Tenant's right to possession of the Premises) and such written request and such new lease are accompanied by payment to Landlord of all amounts then due to Landlord, including / ~~- Attorneys' Fees incurred by Landlord in connection with any such default and termination as well as in connection with the execution and delivery of such new lease. In addition, immediately upon execution.. of such new .lease,. Landlord .shall execute, acknowledge and deliver to Mortgagee an assignment of all subleases covering the Premises which theretofore may have been assigned and transferred to Landlord and all subleases under which subtenants shall be required to attorney to Landlord pursuant to the terms and conditions of such subleases or this Lease. Such assignment by Landlord shall be deemed to be without recourse as against Landlord. Reference in this Lease to a Mortgagee shall be deemed to refer, where circumstances require, to any assignee of a Mortgagee; provided that such assignee shall forward to the Landlord a duplicate original of the assignment of the Mortgage, together with a written notice setting forth the name and address of the assignee. 2. Tenant hereby agrees to allow the Option held on the five acres parcel adjoining the leased premises to the north to lapse and shall make no further claim of right to said lands through the Lease, Amendment One or any options or equitable claims otherwise. 3. All remaining terms and conditions of the initial Lease, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of January, 2007. ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney CITY OF SEBASTIAN A Municipal Corporation By: Alfred A. Minner, III, City Manager TENANT Sebastian Airport Storage, LLC By: Its: 1~3 3 C ~-~G~.: /l~ `~ m1'# °~ Fi0741E QF PF1.iGAlV i51AND of Sebastian, Florida Subject: First reading of Ordinance 0-07- 01; petition for Voluntary Annexation by Vero Mini Storage, LLC fora 3.87-acre parcel of land located at 9707 U.S.1 Submittal by: City Manager Agenda No. ~'CO , l ~ Z Department Origin: Growth Mana eg ment Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: January 17, 2007 For Agenda of: January 24, 2007 Exhibits: Ordinance No. 0-07-01, Letter of request, Location map, Chapter 171.044 F.S., Survey EXPENDITURE REQUIltED: AMOUNT BUDGETED: APPROPRIATION REQUIItED: None None None SUMMARY Mr. Charlie Block of Vero Mini Storage, LLC through his agent, Mr. Bobby Cameron of MBV Engineering, Inc., has submitted a request for annexation of 3.87 acres of land located at 9707 U.S. 1. The subject property, whose parcel number is 31-39-20-00000-1000-00018.0 is located immediately north and adjacent to Publix of Indian River, which is in Sebastian city limits. The applicant also submitted applications for a land use change and rezoning. Because the parcel is less than 10 acres, the Department of Community Affairs is not required to review the requested land use change. The existing land use within the County is Commercial Industrial (C/)) with a Commercial General (CG) zoning designation. They are requesting Commercial General (CG) land use and Commercial General (CG) zoning, if annexed. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property during their November 9, 2006 meeting. Additionally, staff recommends approval of the above referenced annexation consistent with goals and objectives as outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0-07-O1 on first reading and schedule a second reading and public hearing for February 28, 2007." ~~5) ~lc~ r~~ ~~~ ORDINANCE NO.0-07-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, 'FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE: WHEREAS, Vero Mini Storage, LLC, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: SEE ATTACHED SCHEDULE A As shown in the map attached as Exhibit "A", containing 3.87 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. ~~~ The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney ~~8 EXHIBIT -"A" DESCRIPTION PARCEL t• " 7HAT~PORTION OF THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED EN THAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 14Ot. PAGE 2456 OF THE PUBLIC RECORDS DF INDIAN RIPER COUNTY. FLOt;IDA. THE SOUTH 165 FEET OF THE SOUTH t/2 OF THE SOUTHEAST t/4 OF~THE NORTHEAST.tY4 OF SECTION 20. TOWNSHIP 31 50UTH. RANGE 39 EAST. INDIAN RIPER COUNTY. FLORIDA. LY[NG WEST.OF US HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS: • FOR A POINT OF BEGINNING BEGIN AT THE SOUTHWEST CORNER OF THE SOUTH I/2 flF THE SOUTHEAST i/4 OF THE NORTHEAST I/4 OF SAID SECTION,2fl: THENCE RUN NORTH 165.fl0 FEET: THENCE RUN EAST 1104.75 FEET SO THE N+E5T RIGHT OF .WAY LINE DF U5 HIGHWAY 1: THENCE SOUTHEASTERLY ALONG SAID RIGHT DF WAY LENS, A DISTANCE • OF 183.72 FEET: THENCE WEST 1188.00 FEET TO THE P.0lNT OF BEGINNING. LESS RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND AL50 LESS THE RIGHT OF WAY FOR • US HIG!•IWAY i A5 RECORDED IN DEED BOOK 107, PAGE 331 AND DEED•BOOK I11. PAGE 495 OF•THE PUBL•FC RECORDS OF IN[iIAN RIVER COUNTY, FLORIDA. • • AND •• PARCEL 2 .THAT PORTION OF THE FOLLOWING LYING SOUTH DF THE WESTERLY PROJECTION OF• • THE LINE~DESCRiBED IN THAT CERTAIN-BOUNDARY LINE AGREEMENT AS RECORDED IN • OFFICIAL RECORD BOOK E401. PAGE 2456 OF, THE UBLIC RECORDS DF INDIAN RIVER ' . .COUNTY,.FLORIDA. ; • • ••THE SOUTH 165 FEET OF THE SOUTW i/2 OF.THE•SOUTHEA$T 1/4 OF THE NORTHEAST I/4 • • OF SECTION 20',~TOWNSHIP 3i SOUTH. .RANGE 39 EAST. INDIAN RIVER COUNTY. FLORIDA. LYING WEST OF U5 HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT.OF BEGINNING BEGIN AT THE SOUTHWEST CORNER OF THE St~UTH 1/~ 0~ ". THE SOUTHEAST I!4 OF THE NORTHEAST I/4 OF SAID SECTION 20: THENCE RUN OR H 165.00 FEET: THENCE RUN EAST 1104.7.5 FEET TO THE WEST•RIGHT OF WAY LINE OF U5 • HIGHWAY 1: THENCE 5OUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, A DISTANCE ', • OF 183.72 FEET: THENCE WEST 1188.00 FEET TD THE POINT OF BEGINNING, LESS RIGHT OF • ~ WAY OF THE F.'LORIDA EAST COAST RAILWAY AND ALSO.LE5S TH6 RIGHT OF WAY FOR • US~HIGHWAY t• A5 RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK Ill. PAGE ..,,,~ 495 OF•THE PUBLIC RECORDS-OF INDIAN RIVER COUNTY. FLORIDA. • .\ ~ ~,q ~~~ 1o I a.r~-lam. (7Q ENGINEERING, INC. CONSULTING ENCtNEER1NC MOIA BOWLES VILLAMIZAR & ASSOCIATES May 5, 2006 PJ1s. Dorrie Bosworth ~a Facsimile City of Sebastian i 225 Main Street Sebastian, FL. 32958 RE: 9707 Retail Center Tax I.D. # 31-39-20-00000-1000-00018.0 Indian River County, Florida Engineer's Project Number: 06-1059 Dear ii'Is. Boswortlx: Please accept this letter as a formal request to have the above captioned property ar.~?c_•xed. n_~_U tie City and a land use adopted. We request that this project be heard at the next available 511a~~° and zoning meeting. thaa3.k .you in advance for .your time and judgment in this matter. Should You havr; a3~ ~~Y:~r;f;~:: ; • ~iizstions regarding the above subject, please call me at 321-253-1510. :.. `iii-y :.: ly Yours; <<.., ~Q. y Camer ,Engineering Technician $C n ~:. cc: MY'. s/harlie Block a~ ~~~p'"to~~ ~~ ~ ~ 2455 -c14Ch Avenue ~ .:. ;. Vero Beach, Florida 32960 Phone (772) 569-0035 Fax (772) 778-3617 E-mail: mbveng@mbveng.com The Boulevard Professional Center 1600 W. Eau Gallie Blvd., Suite 203 Melbourne, Florida 32935 Phone (321) 253-1510 Fax (321) 253-0911 171.044 Voluntary annexation.- (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the. goveming body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the goveming body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area bjr metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body.of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the annexation. History.=s. 1, ch. 74190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176. i~~ /7y ~r a >~~-..~- ,, uon+~;oF PEUUr, n of 3ebastiaa, Florida Subject: First reading of Ordinance 0-07- 02; land use amendment fora 3.87-acre O /^ , ~ ~ Z parcel of land located at 9707 U.S.1 Agenda No. tit Department Origin: Growth Mana e~ ment '~ Purcbasing/Contracting: mittal by: City Manager Finance Director: City Attorney: ---~ City Clerk: ~ Date Submitted: January 17, 2007 For Agenda of: January 24, 2007 ' Exhibits: Ordinance No. 0-07-02, Location Map, Staff Report, P&Z recommendation, Application. EXPENDITURE REQUIlZED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SLJNIMARY If annexation is approved, the 3.87-acre parcel must be given a City land use and zoning designation. The applicant has requested General Commercial (CG) for land use and Commercial General for zoning. The attached staff report indicates these requests would be in compliance with the Comprehensive Plan and Land Development regulations. In 2000, afive-acre parcel on the south side of this property was annexed into the city and given the CG designation for both land use and zoning. That property was subsequently developed as part of the Publix site. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property during their November 9, 2006 meeting. Additionally, staff recommends approval of this land use request. RECOMMENDED ACTION "Move to pass Ordinance No. 0-07-02 on first reading and schedule a second reading and public hearing for February 28, 2007." ~ ~5 ~~~ ORDINANCE NO.0-07-02 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 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Vero Mini Storage, LLC for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of Commercial Industrial (C/I) to a designation of Commercial General (CG) in the City; and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~~7 Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A" containing 3.87 acres more or less as depicted on the attached sketch. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate said property as Commercial General (CG) in accordance with the requirements of Florida law. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction of all conditions for the effectiveness of Ordinance 0-07-01. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster Councilmember f ~~ - __ __ and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC City Clerk By: Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney l~q EXHIBIT "A" p-1-T-0 PARCEL t• - - • THAT PORTION OF THE F~}LLOWING LYING NORTH OF THE LINE DE5CRIBED IN THAT CERTAIN BOUNDARY LfNE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1481. PAGE 2456 OF THE PUBLIC RECOR05 OF INDIAN RIVER COUNTY. FLOI#IDA. THE SOUTH 165 FEET OF THE 50UTH I/2 OF THE SOUTHEAST I/4 OF•THE NORTHEAST. f•/4 OF SECTION 20. TOWNSHIP 31 50UTH. RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA. LYING WEST.OF US HIGHWAY 1. MORE PARTICULARLY DESCRIBED AS FOLLOWS: • FOR A POINT OF BEGINNING BEGIN AT THE SOUTHWEST CORNER OF THE SOUTW 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST I/4 OF SAIp SECTION, 20: THENCE RUN NORTH (65.00 FEET: THENCE RUN EAST 1104.75 FEET t0 THE WEST RIGHT oF.WAY LINE OF Us HIGHWAY I: THENCE SOUTHEASTERLY ALONG 5AlD RIGHT OF WAY LINE, A DISTANCE • '• OF (83.72 FEET: THENCE WEST 1188.00 FEET TO THE P•DINT OF BEGINNING, LES5 RIGHT OF WAY OF THE FLBRIDA EAST COAST RAILWAY AND AL50 LESS THE RIGHT OF WAY FOR US HIGHWAY I AS RECORDED IN DEED BOOK 107. PAGE 33i AND DEED-BOOK Itl. PAGE 495 OF•THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ' • AND •• • PARCEL 2 . ~ .THAT PORTION OF•THE FOLLOWING LYING SOUTH OF THE WESTERLY PROJECTION OF• • THE LINE DESCRIBED IN THAT CERTAIN-BOUNDARY LINE AGREEMENT A5 RECORDED tN • OFFICIAL RECORD BOOK 140i. PAGE 2455 OF, THE PUBLIC RECORDS DF INDIAN RIVER ' • •COUNTY, FLORIDA. • ••THE SOUTH 165 FEET OF THE SOUTH I/2 OF.TNE-SOUTHEAST 1/4 OF THE NORTHEAST t/4 - • OF SECTION 20,•TOWNSHIP 3i 50UTH..RANGE 39 EAST, lNDtAN RIVER COUNTY. FLORIDA. • LYING WEST OF US H[GHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT.OF BEGINNING BEGIN AT THE SOUTHWE51' CORNER OF THE 50UTH I/2 O. • ' '. THE SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SAID SECTION 20: THENCE RUN rUOR~H ' • 165,80 FEET: THENCE RUN EA5T IIO4.7.5 FEET To THE WEST•RIGHT of WAY LINE of US ' HIGHWAY 1: THENCE 5OUTHEASTERLY ALONG S ip RIGHT OF WAY LINE. A DISTANCE - OF (83.72 FEET: THENCE WEST 1.188.00 FEET TO THE POINT OF BEGINNING, LESS RIGHT OF • WAY DF. THE FLORIDA EAST COAST RAILWAY AND ALSO. LESS THE RIGHT OF WAY FOR • US HIGHWAY I• AS RECORDED IN DEED BDOK 107. PAGE 33t AND DEED BOOK Ill. PAGE ..,,~ '• 495 OF:THE PUBLIC RECORDS. OF ENDIAN RIVER COUNTY. FLORIDA. / ~d !~ - ~~ ~ GOV. LOT 5 1N0 ,,~ I ae.n Ac _ ' A GOV. 266 AC o ~ ~ GOV. LOT 6 ~b WHISPERING ~ PALMS I `'s n.e6 Ac MOBILE VILLAGE T00 t 20 ~~ Insz ,. ~ WHISPERING (ASSESSED U-31-39) ~ ~ ~ ;, . ~ PALMS ~. .m .~ ~ ~~ M081LE >~~,mw G (A -.. ~,, VILLAGE ~~ °"" P~ `t1 j `~,'. T00 ' O ~~ 9 ~ K K t T ~~ v~ v G! a ti~ k..~ .n ~ ~~ vs. de r 9 s~ ~ ~ K w ~ ~ nK ~~~, '.~ ~; e, ~ ~. o ;~ :„ w s~ K ~ x „~.~ i ~ ~ ~ ,., K ~,~ ~ ~ ,~~ s,. - - ' ° '~ ~ ~~ ~~ ; ~E.RO is N „ ~ ~. i. (N ~M' x~ e ~~ 10~ ~ G~ ~el ej >m K M ~ I ! - ~ r uro yi' s- r - ro~i_ 1" tai} ' ~' .. _ Sup,3'~LT ~. ~~, „ - ~~._ .><~ ~; a~ _ e ~ ~ ", ., x"a r. ~ o , reti w mo, . 36E fA ""` •. ~ 96BASI7Ah CRY WkfIS.:.». ~•P., ~'`. ~ a~ a a ~ [dzCLE ~ ~ - I'. m1n r m:~~ 0° < ~ m s~ u w .n 8 SEBASTIAN HIGHLANDS UNR 17 ~ ~ m PUBLIX MLw;I kiVER SUB ~~ e TP£ASIFE CHCLE ~ BPIOe v. P$t M-06 ' rt: .:.: m ~ ~, la .o n m ,e u ~ m ` , rn~lr a n w ~ ASSESSED sf9~ 339 ~~ ~ ~ ~ ~ ~ w ~ ~ ~~~ - PALM LAKE CLUB " ,~ - ,; n. w~ ~_ - 6 " PHASE I SUB 10: ~ , - ~~~~ ~ G '. ~ :. ,.w.. em. ~ e ~. N .~_.....,..... tP ~ ~ C' (~ CI e ~ a - . _ _ .. _ - ... _ V81 U ~B ~ N., Ceiee L ern W 5 ~~~~ ~ L A K E '~ n le e i~ ~ e..e T (>r .n u ~ ~ ~ ~ c ~ l.. up to ~~ A4ESSfll 71-11-l9 IXdvE N In ~ >a ~ x M GGa ~[ "v 1 PALM LAKE CLUB ~ g ~ PHASE II SUB "' m e T' , Imsiore ai ~ ' a w .. .o u >Ar., --. ` 1.. e.. ~ '. a ;. u o o _ 1Frn:,~ nac~E E. 1v m ~ m N v le e91' m BPS\ON G le 8 ~\ ~ ee...~ c ~ 5t 0 .. ~ ~. m gpg9 rn e: ~>~ -I .z a e a~ e ~ ,r ~~ star sm"m~.:. ~~ e 1 n le 1! Iz c ~~ w ° ° w II - ARK P ACE MOBILE HOME P ARK PL e cc S1 0 -~ 1 e ~ a n m.c 0 P ! a v a Q sm ' mk .. '6 F r: a ,~ ,• f~~ atr ___ _ _ _wwww-a-s ,~rprs±:~ a ~(y HOME OF PELICAN ISLAND Growth Management Department Staff Report Annexation, Comprehensive Plan Amendment And Rezoning 1. Project Name: 9707 US Highway 1 2. Requested Action: Annexation into City of Sebastian; Land Use Change from CI (Commercial Industrial-County) to CG (Commercial General-City); Zoning Change from CG (Commercial General-County) to CG (Commercial General-City) 3. Project Location a. Address: 9707 U.S. 1, immediately north of and adjacent to Publix of Indian River located at the intersection of U.S. 1 and Barber Street. b. Legal: See survey c. Indian River County Parcel Number: 31-39-20-00000-1000-00018.0 d. Acreage: 3.87 acres,_ 4. Project Owner: Vero Mini Storage, LLC 900 21St Street Vero Beach, FL 32960 (772) 569-3799 fax: (771) 567-7121 5. Project Agent: Bobby Cameron MBV Engineering, Inc. 1600 W. Eau Gallie Blvd, Ste. 293 Melboume, FL 32935 (321) 253-1510 fax: (321) 253-0911 . 6. Project Engineer: Bruce A. Moia, P.E. MBV Engineering, Inc. 1600 W. Eau Gallie Blvd, Ste. 293 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 __ _ _ 1 7. 8. Project Surveyor: David Jones 3899 39"' Square Vero Beach, Florida 32960 (772) 567-9875 fax: (772) 567-9172 Project Description a. Narrative of proposed action: Mr. Charles Block of Vero Mini Storage LLC has recently filed an application for annexation of a 3.87 acre parcel of land at 9707 U.S. 1, and located immediately north of Publix of Indian River. The property currently has a county land use designation of CI (Commercial/ Industrial) and a county zoning designation of CG (Commercial General). In conjunction with the annexation request, the applicant has requested a city land use designation of CG (Commercial General) and a city zoning designation CG (Commercial General). The subject parcel presently has 12 mobile homes and 13 cottages b c. Zoning.: Current: CG (Commercial General-County) Requested: CG (Commercial General-City) Adjacent Properties Zonin Current Land Use Future Land Use North: East: South: West: CG (Co.) RM-6 (Co.) CG (City) RM.H-8 (Co.) mobile homes vacant retail open space/mobile home ark C/I (Co.) L-2`(Co.-6 units/1 ac.) CG (City) M-1 (Co.-8 units/1 ac.) d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: ~_~ 4 2 3.87 acres 12 mobile homes and 13 cottages palms, oaks, pines, pepper trees carrissa plum X (6) Water Service: Private well (7) Sanitary Sewer Service: On-site septic system (8) Parks: 9. 10. 11. (9) Police/Fire: Future Land Use: Current: Requested: Barber Street Sports Complex - 2.4 miles Filbert Street Park - 1 mile Barber St. Fire Station - 2.4 miles Police - 3.5 miles CI (Commercial/Industrial-County) CG (Commercial General-City) Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. Policv 1-1.2.2 General Pattern of Commercial Land Use of the City's Comprehensive Plan Future Land Use element states "In order to promote efficient flow of traffic along major thoroughfares cited in the Traffic Circulation Element, achieve orderly development and minimize adverse impact on residential quality, commercial development shall be concentrated in strategically located areas having location characteristics which best accommodate specific land, site, public facilities and market location requirements of their respective commercial uses.° Policv 1-1.2.1 General Considerations for Locating Commercial Development states "The location and distribution of specific types of commercial activities shall be determined based on the following considerations: 1. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off-street parking system, with landscaping amenities: 2. Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation and floor area requirements; 3. Compatibility with and impact on other surrounding commercial activities; 4. Relationship to surrounding land uses and natural systems; 5. Impact on existing and planned community services and utilities." The location of the parcel along a state arterial roadway (U.S. 1) meets the intention of the comprehensive plan. The redevelopment of this parcel will require connection to public water and sewer, improved stormwater systems, and landscaping to meet current land development regulations. Conformance with Code of Ordinances: The proposed rezoning and land use amendment is consistent with the Code of Ordinances. 12. Changed Conditions: The applicant wishes to redevelop the property as a retail center. A surge of new residential subdivisions in the vicinity (both city and county) has increased the need for close, varied commercial accommodations. J t=and-tl~e~o~pai%bility: Property to~-the north Count and-south Ci - ( y) ( ty) is zoned for commercial development, and is compatible with the requested zoning and land use amendment. Property to the east is residential (County), but is separated from the subject property by U.S. Highway 1. Property to the west is also residential (County), but is separated from the subject property by the FEC railroad. 14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public utilities (water, wastewater) are available and will be required for redevelopment of the subject parcel. Additionally, on-site stormwater retention tracts will be required as an essential element of the proposed development. 15. Natural Environment: There are no identified environmentally sensitive areas existing on the subject parcel. Additionally, redevelopment of the parcel will be required to provide requisite open space, landscaping and tree protection as required by the Land Development Code. 16. Economic Effect: The property is not currently within the corporate limits of the City of Sebastian. Annexation will provide an additional 3.87 acres of commercial land area, which in turn creates an expanded tax base for the City of Sebastian. 17. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to commercial property and the availability of sufficient public facilities and access. 18. Public Interest: The City of Sebastian Comprehensive Ptan outlines the necessity to create a general pattern of commercial land use. The location of this parcel along a state arterial roadway (U.S. 1), being adjacent to other commercial uses, and the proximity to new residential developments (both in the City and in the County) facilitates orderly development within a growing urban service area. 19. Other Matters: The applicant also owns the parcel between Publix and the FEC railroad, which is contiguous to the southwestern portion the subject parcel. That parcel is within the city limits of Sebastian, has a land use designation of CG and a zoning designation of CG. As such, the owner will explore interconnection of the two properties to enhance their future development. The requested comprehensive plan land use map amendment is under 10 acres, which is a small scale amendment, and will ndt be reviewed by the Department of Community Affairs (DCA). Historically, in 2000 afive-acre parcel on the south side of this property was annexed into the city and given the CG designation for both land use and zoning. That property was subsequently developed as part of the Publix site. 20. Conclusion: The requested land use designation of CG (Commercial General) and the requested zoning designation of CG (Commercial General) is consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested annexation, with a r g~ _ 4 land use designation of CG (Commercial General) and a zoningTdesignatio~ of~~~_ (Comm~erci~~General) gaditionally, .the Planning and -Zoning Commission recommended approval of the CG land use and zoning designation for the subject property during their November 9, 2006 meeting. P EARED BY ~z- ~ -o~ DATE 5 r~~ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF RE-SCHEDULED REGULAR MEETING NOVEMBER 9, 2006 Mr. Paul called the meeting to order at 6:59P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Simmons Mr. Paul Mr. Buchanan (a) Mr. Oakes EXCUSED: Mr. Allocco Mr. Morrison (a) Mr. Mahoney Mr. Cardinale Mr. Keough ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Linda Lohsl, .Recording Secretary ANNOUNCEMENTS: Messrs. Allocco and Keough are excused and Messrs. Morrison and Buchanan will be voting tonight. APPROVAL OF MINUTES: P&Z Regular Meeting 10/05/06 MOTION by Simmons/Morrison to approve the minutes of October 5, 2006. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: A. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LAND USE AMENDMENT & REZONING (for a proposed annexation) - 9707 U.S. HIGHWAY #1, NORTH AND ADJACENT TO PUBLIX OF INDIAN RIVER - 4 ACRES, MORE OR LESS -REQUEST FOR CG (GENERAL COMMERCIAL) LAND USE AND CG (COMMERCIAL GENERAL) ZONING.' /~8 PLANNING AND ZONING COMMISSION MINUTES OF RESCHEDULED REGULAR MEETING OF NOVEMBER 9, 2006 Mr. Paul called for any ex parte communication; there were none. -Mr_.-P_auJ-the~_swor_e in._staff -and-th - - ~ P ~ ~n~__.~,r.~ _ --- -„-- - ~-aPPlic~t:--~-Mr-Charfe~Block re resented Vero Mini Storage, LLC and presented the application. He gave a history and description of the 4-acre property. Ms. King added that the applicant is requesting the same zoning and land use designation as the Publix, which is adjacent to this parcel. The property currently has 12 mobile homes and 13 cottages on it, which as Mr. Block had stated, would be removed. The applicant answered questions from the commission with regard to current residents and what could be built on the site under the Commercial General Zone. No one from the public spoke. MOTION by Morrison/Oakes to recommend city council approve the land use change to General Commercial and Zoning to Commercial General for 9707 U.S. Highway #1. ROLL CALL: Mr. Morrison yes Mr. Simmons yes Mr. Cardinale yes Mr. Mahoney yes Mr. Buchanan yes Mr. Paul yes Mr, Oakes yes The vote was 7-0. Motion passed unanimously. B. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LAND USE AMENDMENT & REZONING -SPIRIT OF SEBASTIAN (AKA ROSELAND SATELLITE TRACT 3) - IRC PARCEL 'ID NO. #30-38-22- 00001-0030-00000.0 - 134 ACRES, MORE OR LESS -NORTH OF SEBASTIAN AIRPORT - REQUEST FOR LDR (LOW DENSITY RESIDENTIAL) LAND USE AND PUD-R (PLANNED UNIT DEVELOPMENT -RESIDENTIAL) ZONING. The applicant withdrew this item. CHAIRMAN MATTERS• NONE MEMBERS MATTERS• Mr. Mahoney noted all the events that are copying the successful Sebastian Clambake. DIRECTOR MATTERS• Ms. Grohall noted that there will not be a meeting next week (11/16) and asked the Commission if they would like to have just one meeting in December, scheduled for December 7, and cancel the second meeting on December 21St. The Commission agreed. ATTORNEY MATTERS• Mr. Stringer discussed a couple of ordinances City Council wanted him to bring through Planning and Zoning. One is how height is measured east of Indian River Drive. What they are looking at is a no-fill rule and measuring from the front line of the building at existing grade. The other issue is to implement a 100 Ft. buffer similar to the county ___ _ Z ~a ....~ .....~unauan P~~ APP~c~tior- No. development Order Application Applicant ff no# owner, written authorization notarized) from owner is required Name: VERO MINI, LLC Address: PO BOX 1206 VERO BEACii, FL 3296'1 Phone Number: 772 5$g-3'~gg E-Mail: Fax Number: 772_587-7121 ) Owner (if different from applicant Name: Address; Phone Number. Fax Number: ) E-Mail: Type of permit or action requested: COMPREHENSIVE PLAN AMMEIVDMENT PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT QR .4CTiON THAT YbU ARE RI=QUESTING. CQPIES OF AI,L MApS, SURVEYS, DRAWINGS, ETC. SHALT, SE A-R'A~Ep ANG 8 7!2' X ~ 1" COPIES OF ANY ATTACHMETITS SHALL 8E INCr.UDED. ATTACH THE APPROPRIATE SUPPI.,EMgMAL INFORMATION FQf~M; 0. Project's Name (lf applicable); 9707 RETAIL CENTER B. Site Information - Address: ,~, 9707 U3 NWY.1 Se6as4an, t=L. 32958 ~~ Block: Unit • Subdivision: Indian River County Parcel # : 31-39-20-00000.100a .-00018.0 Zoning Classification: Future Land Use: CG CI Existing Use: /~. 9hp~ 1 LE !~l'O/bE ~ Proposed Use: 13 C.c~•T A ~ E ~ ~ ~. C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessary): Requesting annexation, adoption of city zonin and land use ctassiflcatlon. DATE RECEIVEb: FEE PAID; $ RECI=INFO eY: ~~~ z .d 65sz ~~N wvtiti~o~ 9ooa ~~s ago D. Pro'ect Personnel: _: ~~.~ ~ -- ~~ _---- , _ gent: - Name: BOBBY CAMERON OF MBV ENGINEERING, INC ress: 1600 W. EAU GALLIE BLVD. STE. 203 MELBOURNE, FL. 32935 Phone Number: (321 )253-1510 Fax Number (321 )253 0911 E Mall BOBBYC anMBVFNC~ rnnn Name: dress: 'Phone Number: E-Mail: Engineer: Name: BRUCE A. Address: Fax Number: P.E. OF MBV ENGINEERING, INC. 1600 W. EAU GALLIE BLVD. STE. 203 MELBOURNE, FL. 32935 Phone Number: (321 )253-1510 Fax Number (321 )253-0911 E Mall LOGANPnMR\iFNr rnnn Name: DAVID M. JONES Address: 3899 39TH SQUARE VERO BEACH, FL. 32960 Phone Number: (772)567-9875 Fax Number 772 )567 9172 E Mall. I~ ,BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: I AM THE OW NER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS P ICATION ARE ACCU E AND TRUE TO THE BEST OF MY KNOW LEDGE AND BELIEF. ~~ ~' Z Signature Dat Sworn to and subscribed before me by l:, har 1~e. S F ~ Io LAC Who is p rsonally known to me or produced as identification, this Z ~ day of cty , 200!'0 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY `~ prl~Sov~ olartC.~ - AU' iNBO COMMISSION NO./EXPIRATION b - l~- 2 ~ ~ ct Nolh-PuDAc-Sf~MofFlodde SEAL: ConrnNNon ExDM~ ~ 1t, 2D09 ConmfWoni 00428158 ` Bondrd By NMIar,M NofaM-A„n, Form CD-2001 Pa e 2 of 3 Approved: 08-27-97 Revision File Name: DOA ication ~~ I The following is required for all comprehensive.plan_amendments,_zonEng-amendments irtlcudi~tg=rez6rring ,site plans, conditions use permits, special use permits, variances, exceptions, and appeals. INVE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ~~ Signature ~2 Date Sworn to and subscribed before me by ~ Q{ 12S F Who is person knnum to me or produced ~~ ° C ~~ as identification, this 12r~' day of ~ qu , 200 ~, NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION ° ~` ~ SEAL: -,~_ [ 1-Z Qcs~ Form CD-2001 Pa e 3 of 3 Develo mE Approved: 08-27-97 Revision: File Name: q~-. ~~, N~rPubMo-8taeaFbdd. ~-~~,~ ~mN~ionteoD~~B 9oiw~d 6lr NAM Nop~-I~, Application -~ ~~ ----- --_P~rmR-Application No. _ _ -_ ~-~- ~~Supp emental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES, IF NECESSARY. X 1. Current land use map designation: CI COMMERCIAL INDUSTRIAL X 2. Proposed land use map designation X 3. Size of the project in acres: Gor~~~t rtv 3. $~ X 4. Describe the impact of the proposed change on the other eleme comprehensive plan and applicable ordinances of the City: There are no impacts to other elemen#s of the com Ordinances. ~e ~ S~n.r /e.y its of the nsive plan or X 5. Is the proposed ademendment consistent with the other elements of the comprehensive plan? If not, which one(s)? YES X 6. Is the proposed amendment in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances? If not, which one(s)? YES X 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevent to the proposed amendment? None to our knowled e. GC Form CD-2008 Page 1 of 3 Com Plan Amend Land Use A roved:08-27-97 Revision: File Name: SICPAL~ ~ I X 8. Is the proposed amend - -- -- - - - -T -or a are Ian uses of the • no ; w y not ~ YES X 9. Are there adequate public faciities to serve the proposed land use? If not, which one (s) are not adequate? YES X 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. No there are no environmenta sensitive areas within the bounda. of this land. X 11. Would the proposed amendment adversely affect the property values of the area the general health, safety, and welfare and impact the financial resources of the City? If so, describe how. THIS PROJECT WILL ENHANCE PROPERTY VALUES WITHOUT AFFECTING THE GENERAL HEALTH, SAFETY, OR WELFARE OF THE CITY. X 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes it is consistent with the surroundin area. Form CD-2008 A roved:08-27-97 Revision• X 13. Attach the following: l C~~- 2 of 3 Comp Plan Amend (Land Use File Name: SICPA~ i i X a. A verified statement showing each and eve equitable ownerhsip interest in the subject grope dual person having a legal and/or corporations whose stock is traded on a nationally recognized stol khexlchan e ' which case the name and address of the corooration and principal executive officers will be sufficient. X b. Attach list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A survey and legal description of the property for which the land use amendment is being requested. CD-2008 Pa e 3 of 3 ved: 08-27-97 Revision: Com Plan Amend L File Name: SICPALU (~5 l~1 ~ ant ~ Y How aF ~.ttur n~xn of Sebastian, Florida Subject: First reading of Ordinance 0-07- 03; zoning amendment fora 3.87-acre parcel D ~ o ~ ~ Z of land located at 9707 U.S.1 Agenda No. Department Origin: Growth Management ` Purchasing/Contracting: Submittal by: City Manager Finance Director• City Attorney: -~~ City Clerk• --~r Date Submitted: January 17, 2007 - For Agenda of: January 24, 2007 Exhibits: Ordinance No. 0-07-03, Location Map, Staff Report, P&Z recommendation, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY If annexation is approved, the 3.87-acre parcel must be given a City land use and zoning designation. The applicant has requested General Commercial (CG) for land use and Commercial General for zoning. The attached staff report indicates these requests would be in compliance with the Comprehensive Plan and Land Development regulations. In 2000, afive-acre pazcel on the south side of this properly was annexed into the city and given the CG designation for both land use and zoning. That property was subsequently developed as part of the Publix site. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property during their November 9, 2006 meeting. Additionally, staff recommends approval of the zoning request. RECOMMENDED ACTION "Move to pass Ordinance No. 0-07-03 on first reading and schedule a second reading and public hearing for February 28, 2007." ~q~ /~i~ ~_ ORDINANCE NO.0-07-03 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 GENERAL COMMERCIAL (CG) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Vero Mini Storage, LLC, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result' in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. tag The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC City Clerk By: Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney ,~vo EXHIBIT "A" DESCRIPTION PARCEL f- • THAT PORTION OF THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1401. PAGE 2456 OF THE PUBLIC RECOR05 OF INDIAN RIVER COUNTY. FLORIDA. THE SOUTH 16S FEET OF THE SOUTH I/2 OF THE SOUTHEAST I/4 OF•THE NORTHEAST.I-/4 OF SECTION 2O. TOWNSHIP 31 50UTH. RANGE 39 EAST. ENDIAN RIVER COUNTY. FLORIDA. LYING WEST.OF US HIGHWAY 1. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING BEGIN AT THE SOUTHWEST CORNER OF THE SOUTH I/2 OF THE SOUTHEAST i/4 OF THE NORTHEAST 1/4 OF 5AIp SECTION•20: THENCE RUN NORTH f6S.00 FEET: THENCE RUN EA5T 1104.75 FEET TO THE WEST RIGHT OF.WAY LINE OF US HIGHWAY I: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 183.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LESS RIGHT OF WAY OF THE FLORIDA EA5T COAST RAILWAY AND ALSO LESS THE RIGHT OF WAY FOR - US HIGHWAY I AS RECORDED IN DEED BDOK E07. PAGE 331 AND DEED-BOOK III. PAGE 495 OF~THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. AND PARCEL 2 THAT PORTION OF-THE FOLLOWING LYING SOUTH OF THE WESTERLY PROJECTION OF• THE LINE DESCRIBED IN TWAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1401. PAGE 245b OF•THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. - - - - ••THE SOUTH 165 FEET OF THE SOUTH I/2 OF-THE-SOUTHEAST 1/4 OF THE NORTHEAST I/4 • OF SECTION 20. TOWNSHIP 3i SOUTH. ,RANGE 39 EAST. INDIAN RIVER COUNTY. FLORIDA. LYING WEST OF US HIGHWAY 1. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT.OF BEGINNING BEGIN AT THE 5OUTHWEST CORNER OF THE SOUTH i/2 OF ' THE SOUTHEAST l/4 DF THE NORTHEAST I/4 OF SAID SECTION 20: THENCE RUN NORTH • 165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WE5T•RIGHT OF WAY LINE OF US HIGHWAY I: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE. A DISTANCE - OF 183.72 FEET: THENCE WEST 1.188.00 FEET TO THE POINT OF BEGINNING. LESS RIGHT OF - WAY OF THE F.'LORIDA EAST COAST RAILWAY AND AL50.LESS THE RIGHT OF WAY FOR U5 HIGHWAY f AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK Ill. PAGE ..,,~ •. 495 OF-THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. -----~, ~~ D `---I,,' ~U~ - ~~ ~~ LOT 5 i GOV I ° ,gyp . ~ 49.17 AC ' - ~ GOV. I ~ r 266 AC ~ ~ I GOV LOT 6 b WHISPERING . PALMS e?~, I n.e6 Ac MOBILE VILLAGE ~. T00 losz qp ~~ WHISPERING (ASSESSED 17-31-39) ~ ~ - I~, ` n PALMS - ~. ~ ~ .~ MOBILE ,~ ,: ,o <w (A ~, P- "~ VILLAGE ~ ""'a i s b T00 F O . ~~ ~ ~ y~ ~c ~ f t % "Y ~ ~ ~ ~ G~ ti k..~ .,a ~ .o ~ v~ ~ ,~ N P ,1 T an Y t G~ r A LIHITS l~ . . CM POaD . ".... 'm G VICIN6 fl Sitdk7.. Y~ yryl WAT °°''° m _ M ~ ~ ~~ O lal no ! Y w~C Y : G ~ } , ~ ~ r >y a, YIL . ~+ ., , m. ,... 1 u ~ I ~~.1~ ~ i ~ €R~ a IC N .. ;: ~ ~ - ~ r.-~ ~' u y G - .~a 4 rn evic .wn atl' ~ - . I k 'tl a1 ~ ~~ ~ rS~ _ w ~ 4~- L IT_~. ~ Cif 1D ~' ar> a - n ~ - !' 11 H '. ~~1.',e p Na _ -_. 9 L ~ ~~. EF 2 r i~ ,T Y P3-i L~ ~ ' A. ~$ iflaf w [A~tA CR7 - ~ - ? ..~.a es~ I - - - LAP ~~ ' .. ~ ~ Iz .??.. ,1° li ~e .~ ^,.~r ,.C&..i : ay i C17'Y WYRS emu. 988ASI1At~ % wa w _ j;, . ~_ a c ~. e, _.n raAn ~. a ' SEBASTIAN HIGHLANDS UMT T/ ' - ' .. PUBUX Ml,a;a kIVFR SUB ~, t iREASLRE CRttE~. ~. e~- _. P9,. b-06 1 ASSESSED 19=37-39 ~sr ~GP. ,. .. " "` ~ ' PALM LAKE CLUB SE I SUB H ° ~ n. ~a~ G .C ~ P A ~ ~ :., ~9N ~ .~ - - _ _ 9 ,~ s ~ i c r e p ~ w lSy? - _ _ - - - _ v~ u ~e S~S ~n.~ c.ma c eea m a EE . ut '~ „.. n L A K E ~ la e a ~ i. ~ ~ ~ m .e ~ T ta" a) AS6ESSFD 71-31-d9 fu K1 la H 10 IXME 'F c !! ~~ fiE LIL W w k . .j ON ~ A o n i u _ PALM LAKE CLUB v ~ ~ a ' _ ' I ' unra~ ca. w PHASE II SUB °' o ° - ; a _ Ic ~ ~ ~~ rx.-- -. , . ,~ ° o ~ c s w ~ " ir~nsaa~ ciao E' ,b K .e - ~, 3 / , 0~ (~ ~ 5 ~ a ~' ~ g~e~ G ,. u ~ ~ ,A ~ a < ° ° , E`: ~°~ ' r i ` ~° p> ' Po B SiF>E E1 .. A S ATTCN > AV ° _ ° ce ~ le cc tv le i ~ .. la ~ a u v _ m ' ~ ' ~ ° a S PARK PLACE MOBILE HOME PARK 1 z a d a e o ~ e u ~ c ~ QLP mK ~U`~ ~r~_ S~s~s~~y #~rs~ Growth Management Department Staff Report Annexation, Comprehensive Plan Amendment And Rezoning 1. Project Name: 9707 US Highway 1 2. Requested Action: Annexation into City of Sebastian; Land Use Change from CI (Commercial Industrial-County) to CG (Commercial General-City); Zoning Change from CG (Commercial General-County) to CG (Commercial General-City) 3. Project Location a. Address: 9707 U.S. 1, immediately north of and adjacent to Publix of Indian River located at the intersection of U.S. 1 and Barber Street. b. Legal: See survey c. Indian River County Parcel Number: 31-39-20-00000-1000-00018.0 d. Acreage: 3.87 acres 4. Project Owner: Vero Mini Storage, LLC 900 21 Sc Street Vero Beach, FL 32960 (772) 569-3799 fax: (771) 567-7121 5. Project Agent: Bobby Cameron MBV Engineering, Inc. 1600 W. Eau Gallie Blvd, Ste. 293 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 6. Project Engineer: Bruce A. Moia, P.E. MBV Engineering, Inc. 1600 W. Eau Gallie Blvd, Ste. 293 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 1 U~ 7. Project Surveyor: David Jones 3899 39~' Square Vero Beach, Florida 32960 (772) 567-9875 8. Project Description fax: (772) 567-9172 a. Narrative of proposed action: Mr. Charles Block of Vero Mini Storage LLC has recently filed an application for annexation of a 3.87 acre parcel of land at 9707 U.S. 1, and located immediately north of Publix of Indian River. The property currently has a county land use designation of CI (Commercial/ Industrial) and a county zoning designation of CG (Commercial General). In conjunction with the annexation request, the applicant has requested a city land use designation of CG (Commercial General) and a city zoning designation CG (Commercial General). The subject parcel presently has 12 mobile homes and 13 cottages. b. Zoning: Current: CG (Commercial General-County) Requested: CG (Commercial General-City) c. Adjacent Properties Zonin Current Land Use Future Land Use North: CG (Co.) mobile homes C/I (Co.) East: RM-6 (Co.) vacant L-2 (Co.-6 units/1 ac.) South: CG (City) retail CG (City) West: RMH-8 (Co.) open space/mobile home ark M-1 (Co.-8 units/1 ac.) d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: ~v~ 2 3.87 acres 12 mobile homes and 13 cottages palms, oaks, pines, pepper trees carrissa plum X (6) Water Service: Private well (7) Sanitary Sewer Service: On-site septic system (8) Parks: Barber Street Sports Complex - 2.4 miles Filbert Street Park - 1 mile 9. 10. 11. (9) Police/Fire: Barber St. Fire Station - 2.4 miles Police - 3.5 miles Future Land Use: Current: CI (Commercial/Industrial-County) Requested: CG (Commercial General-City) Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. Policv 1-1.2.2 General Pattern of Commercial Land Use of the City's Comprehensive Plan Future Land Use element states "In order to promote efficient flow of traffic along major thoroughfares cited in the Traffic Circulation Element, achieve orderly development and minimize adverse impact on residential quality, commercial development shall be concentrated in strategically located areas having location characteristics which best accommodate specific land, site, public facilities and market location requirements of their respective commercial uses." Policv 1-1.2.1 General Considerations for Locating Commercial Develoament states "The location and distribution of specific types of commercial activities shall be determined based on the following considerations: 1. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off-street parking system, with landscaping amenities: 2. Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation and floor area requirements; 3. Compatibility with and impact on other surrounding commercial activities; 4. Relationship to surrounding land uses and natural systems; 5. Impact on existing and planned community services and utilities." The location of the parcel along a state arterial roadway (U.S. 1) meets the intention of the comprehensive plan. The redevelopment of this parcel will require connection to public water and sewer, improved stormwater systems, and landscaping to meet current land development regulations. Conformance with Code of Ordinances: The proposed rezoning and land use amendment is consistent with the Code of Ordinances. 12. Changed Conditions: The applicant wishes to redevelop the property as a retail center. A surge of new residential subdivisions in the vicinity (both city and county) has increased the need for close, varied commercial accommodations. ,~U 3 13. Land Use Compatibility: Property to the north (County) and south (City) is zoned for commercial development, and is compatible with the requested zoning and land use amendment. Property to the east is residential (County), but is separated from the subject property by U.S. Highway 1. Property to the west is also residential (County), but is separated from the subject property by the FEC railroad. 14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public utilities (water, wastewater) are available and will be required for redevelopment of the subject parcel. Additionally, on-site stormwater retention tracts will be required as an essential element of the proposed development. 15. Natural Environment: There are no identified environmentally sensitive areas existing on the subject parcel. Additionally, redevelopment of the parcel will be required to provide requisite open space, landscaping and tree protection as required by the Land Development Code. 16. Economic Effect: The property is not currently within the corporate limits of the City of Sebastian. Annexation will provide an additional 3.87 acres of commercial land area, which in turn creates an expanded tax base for the City of Sebastian. 17. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to commercial property and the availability of sufficient public facilities and access. 18. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to create a general pattern of commercial land use. The location .of this parcel along a state arterial roadway (U.S. 1), being adjacent to other commercial uses, and the proximity to new residential developments (both in the City and in the County) facilitates orderly development within a growing urban service area. 19. Other Matters: The applicant also owns the parcel between Publix and the FEC railroad, which is contiguous to the southwestern portion the subject parcel. That parcel is within the city limits of Sebastian, has a land use designation of CG and a zoning designation of CG. As such, the owner will explore interconnection of the two properties to enhance their future development. The requested comprehensive plan land use map amendment is under 10 acres, which is a small scale amendment, and will not be reviewed by the Department of Community Affairs (DCA). Historically, in 2000 afive-acre parcel on the south side of this property was annexed into the city and given the CG designation for both land use and zoning. That property was subsequently developed as part of the Publix site. 20. Conclusion: The requested land use designation of CG (Commercial General) and the requested zoning designation of CG (Commercial General) is consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested annexation, with a 4 land use designation of CG (Commercial General) and. a zoning designation of CG (Commercial General). Additionally, the Planning and Zoning Commission recommended approval of the CG land use and zoning designation for the subject property during their November 9, 2006 meeting. PARED BY 5 Z - Co - U Co DATE ~~~ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION NOVEMBER 9, 2006 Mr. Paul called the meeting to order at 6:59P.M. MINUTES OF RE-SCHEDULED REGULAR MEETING The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Simmons Mr. Paul Mr. Buchanan (a) Mr. Oakes Mr. Morrison (a) Mr. Mahoney Mr. Cardinale EXCUSED: Mr. Allocco Mr. Keough ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Linda Lohsl, .Recording Secretary ANNOUNCEMENTS: Messrs. Allocco and Keough are excused and Messrs. Morrison and Buchanan will be voting tonight. . APPROVAL OF MINUTES: P&Z Regular Meeting 10/05/06 MOTION by Simmons/Morrison to approve the minutes of October 5, 2006. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: A. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LAND USE AMENDMENT & REZONING (for a proposed annexation) - 9707 U.S. HIGHWAY #1, NORTH AND ADJACENT TO PUBLIX OF INDIAN RIVER - 4 ACRES, MORE OR LESS -REQUEST FOR CG (GENERAL COMMERCIAL) LAND USE AND CG (COMMERCIAL GENERAL) ZONING.' ~,o' PLANNING AND ZONING COMMISSION MINUTES OF RESCHEDULED REGULAR MEETING OF NOVEMBER 9, 2006 Mr. Paul called for any ex parte communication; there were none. Mr. Paul then swore in staff and the applicant. Mr. Charles Block represented Vero Mini Storage, LLC and presented the application. He gave a history and description of the 4-acre property. Ms. King added that the applicant is requesting the same zoning and land use designation as the Publix, which is adjacent to this parcel. The property currently has 12 mobile homes and 13 cottages on it, which as Mr. Block had stated, would be removed. The applicant answered questions from the commission with regard to current residents and what could be built on the site under the Commercial General Zone. No one from the public spoke. MOTION by Morrison/Oakes to recommend city council approve the land use change to General Commercial and Zoning. to Commercial General for 9707 U.S. Highway #1. ROLL CALL: Mr. Morrison yes Mr. Simmons yes Mr. Cardinale yes Mr. Mahoney yes Mr. Buchanan yes Mr. Paul yes Mr. Oakes yes The vote was 7-0. Motion passed unanimously. B. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LAND USE AMENDMENT & REZONING -SPIRIT OF SEBASTIAN (AKA ROSELAND SATELLITE TRACT 3) - IRC PARCEL ID NO. #30-38-22- 00001-0030-00000.0 - 134 ACRES, MORE OR LESS -NORTH OF SEBASTIAN AIRPORT - REQUEST FOR LDR (LOW DENSITY RESIDENTIAL) LAND USE AND PUD-R (PLANNED UNIT DEVELOPMENT -RESIDENTIAL) ZONING. The applicant withdrew this item. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Mahoney noted all the events that are copying the successful Sebastian Clambake. DIRECTOR MATTERS: Ms. Grohall noted that there will not be a meeting next week (11/16} and asked the Commission if they would like to have just one meeting in December, scheduled for December 7, and cancel the second meeting on December 21St. The Commission agreed. ATTORNEY MATTERS: Mr. Stringer discussed a couple of ordinances City Council wanted him to bring through Planning and Zoning. One is how height is measured east of Indian River Drive. What they are looking at is a no-fill rule and measuring from the front line of the building at existing grade. The other issue is to implement a 100 Ft. buffer similar to the county 2 ~~ 1 City of Sebastian Development Order Application Applicant if. not owner, written authorization ni Name: VERO MINI, LLC Address: PO CaOX'1206 VERO 61=ACH FL 32961 Phone Number: 7'72) 669-3799 E-Mail: Type of permit or action requested: Permit Applfcad~xi No. from owner is ber: (772) 567- REZONING REQUEST PLEASE COMPLETE ONLY THOSE SECTIONS W HICH ARE NECESSARY FOR THE PERM{T QR A C710N THAT YOU ARE R>=Q1.fESTINCy. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC_ SHALL BE ATTAGHED AND 81/'2^ x 11' COPIES OF ANY ATTACHMENTS SHALI. BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if apptlcable): DATE RECEIVED: FEE PAIb: $ ~aae 1 of 3 RECEIVED BY: roved: 0827-97 Revision: File Name: DOA ,~l,~ l 'd 668b'~N WdSl~6 9002 'l 'A0N C. D$sCrlption of proposed activity and purpose of the requested permit or action (attach extra sheets If neces$ary): RegrJesting annexation, adoption of city zoniin and land use classifiCa#lon. ~ ~ ' D. Project Personnel:. Agent: Name: BOBBY CAMERON OF MBV ENGINEERING, INC Address: 1600 W. EAU GALLIE BLVD. STE. 203 MELBOURNE , FL. 32935 Phone Number: (321 )253-1510 Fax Number: (321 )253-0911 E-Mail: BOBBYC(a~MBVENG.COM Attorney: Name: Address: Phone Number: Fax Number: E-Mail Engineer: Name: BRUCE A. MOIA, P.E. OF MBV ENGINEERING, INC. Address: 1600 W. EAU GALLIE BLVD. STE. 203 MELBOURNE , FL. 32935 Phone Number: (321 )253-1510 Fax Number: 321 )253-0911 E-Mail: LOGANP(c~MBVENG.COM Surveyor: Name: DAVID M. JONES Address: 3899 39TH SQUARE VERO BEACH, FL. 32960 Phone Number: (772 567-9875 Fax Number: 772 567-9172 E-Mail: 1, ,BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~1 L Ignature Date Sworn to and subscribed before me by Who is personally known to me or produced as identification, this IZT 1} day of Charles ~ . 1310 c lc n / /~ a u , 200 ~ NOTARY'S SIGNATURE W1JlA.-~.,~. e9 PRINTED NAME OF NOTARY 1lS or '[~a 0.r1 c~ COMMISSION NO./EXPIRATION S- I1 -- 2 0 0 ct SEAL: IN f, ~~ per. Hof Florlds • ~ /ADD ~ 11.2008 Rl 42~6d ~~ Bl' NN(onY ~ryAstn, Form CD-2001 Page 2 of 3 Development A lication Approved: 08-27-97 Revision: File Name: DOA ~~31 The following. is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. INVE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. INVE HEREBY WAIVE ANY OBJECTION OR DEFENSE INVE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. L~'l~,ljD~ ~ , 5 z 7>lv Signature Date Sworn to and subscribed before me by (~ IrtQ'~le S E , 1~l p C 1~ Who is personally known to me or produced as identification, this 12~ `~ day of M a `,, , 200 (o NOTARY'S SIGNATURE -~~„~ PRINTED NAME OF NOTARY <<S a ,~ 01 ~,~ COMMISSION NO./EXPIRATION ~- ~~ - 20b SEAL: Nora~y PubYc - S1a1e a Flod~ ' Comn~lasbn ExDkea May 11,2009 Conrrlpipn aK DO 428/58 '~"~ Banded By N~fonal Notary Assn, Form CD-2001 Pa e 3 of 3 Develo ment Application A proved: 08-27-97 Revision: File Name: DOA ~f4 ..Permit Application No. Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES, IF NECESSARY. X 1. Proposed Zoning: CG X 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. THE PROPOSED REZONING MEETS ALL CONDITIONS AND POLICIES OF THE COMPREHENSIVE PLAN. X 3. Explain how the proposed rezoning is in conformance with the applicable substantive requirements of the City of Sebastian Code of Ordiances. THE PROPOSED REZONING AND USE WILL BE CONSTRUCTED IN ACCORDANCE WITH ALL CODE REQUIREMENTS. X 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NONE TO OUR KNOWLEDGE. X 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. THE PROPOSED REZONING WOULD BE COMPATIBLE WITH EXISTING USES WITHIN THE GENERAL AREA OF THE CITY AND ABUTTING PROPERTIES X 6. Are there adequate public facilities to serve the proposed land use? YES Form CD-2017 Page 1 of 2 Rezonin Approved: 08-27-97 Revision: File Name: SIREZONE X 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. I THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS EXISTING WITHIN THE BOUNDARIES. X 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the City. THE PROPOSED REZONING SHOULD RESULT IN AN INCREASE IN PROPERTY VALUES WITHOUT AFFECTING THE GENERAL HEALTH, SAFETY OR WELFARE OF THE CITY. X 9. Does the proposed rezoning will result in an orderly development pattern. YES IT IS CONSISTENT WITH THE SURROUNDING AREA. X 10. Attach the following: X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip interest in the property upon which the application for rezoning is sought except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. X b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A survey and legal description of the property to be rezoned. Form CD-2017 Page 2 of 2 Rezoning Approved: 08-27-97 Revision: File Name: SIREZONE ~r~ City of Sebastian, Florida a~~~ T~~ ~ TTY ~~ ___--- AGENDA TRANSMITTAL Agenda No. - ~ J~~ Subject: St. Sebastian River Upland Buffer Date Submitted: 1/18/07 Ordinance 0-07-OS For Agenda of: 1/24/07 SUMMARY: As directed by Council, an upland buffer for development along the St. Sebastian River has been modeled upon the regulations existing within Indian River County. The Planning & Zoning Commission held a hearing on the same and recommended approval. RECOMl~~NDED ACTION: Move to pass Ordinance Number 0-07-05 on first reading and set adoption hearing for February 74, 2007. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: l~ a' H1~u- ~I~ ORDINANCE NO.O-07-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE TO CREATE SECTION 54-3-11.10 ST. SEBASTIAN RIVER UPLAND BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to provide an upland buffer along the St. Sebastian River; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create a new section numbered 54-3-11.10 read as follows: Sec. 54-3-11.10. St. Sebastian River Upland Buffer. (1) For parcels created after March 1, 2007 along the St. Sebastian River, a one hundred-foot shoreline protection buffer is hereby established measured from the mean high water mark of the river or fifty (50) feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater. For parcels of record which existed in the city prior to March 1, 2007, or annexed after said date and having existed prior to June 18, 1991, afifty-foot shoreline protection buffer for unplatted parcels, and atwenty-five-foot buffer for existing platted lots is hereby established on land parcels bordering the St. Sebastian River, measured from the mean high water line. In no case, however, with reference to pre-existing parcels or lots of record as described above, shall the buffer(s) exceed twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway. (2) Within the shoreline protection buffer, no development shall be permitted with the exception of docks, boat ramps, pervious walkways and elevated walkways which provide the property owner with reasonable access to the waterway. No more than twenty (20) percent or twenty-five (25) feet, whichever is greater, of any shoreline may be altered for reasonable access. Native vegetation in the remainder of the shoreline protection buffer shall remain unaltered, except as may be allowed for trimming under city tree protection regulations. (3) Shoreline alteration shall be prohibited, unless it is in the public interest or prevents or repairs erosion damage, or provides reasonable access to the water, does not adversely impact water quality, natural habitat or adjacent shoreline uses, and is permitted by all applicable jurisdictional regulatory agencies. Any native vegetation removed in such instances shall be relocated or replaced on-site with comparable vegetation and amount. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ~~q Section 3. SEVERABILITY. In the event a court of competent. jurisdiction shall. hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember _ upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster By: The Mayor thereupon declared this Ordinance duly passed and adopted this 14a' day of February, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk ~ ~-~ Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney by Councilmember and, ~.+~+~ . vw viuu.ao - 1 iV11U0. L'1GVL1V111Jq.11VL 1VIGAJUlGJ rage 1 of 1 This is the printer-friendly version of: htto://www.vote-smart org/election ballot measures detailLhP~ ba l lot_i d = M 000001440 • Florida Ballot Measures 2006 (Nov 7) Amendment 6 -Increased Homestead Exemption For the November 7, 2006 General Election Ballot Amendment 6 -Increased Homestead Exemption RESULTS: Passed SUMMARY Proposing amendment of the State Constitution to increase the maximum additional homestead exemption for low-income seniors from $25,000 to $50,000 and to schedule the amendment to take effect January 1, 2007, if adopted. • View Complete Text Information Provided by: Florida Secretary of State Contact Us I About Us All content ©2002-2006 Project Vote Smart Project Vote Smart One Common Ground, Philipsburg, MT 59858, 406-859-8683 Questions? Need help? Call our Voter's Research Hotline toll-free 1-888-VOTE-SMART (1-888-868-3762). Legislative Demographic Data provided by Aristotle International Inc o7.oiq ~~ http://www.vote-smart.orgielection_ballot measures_detail.php?ballot_id=M000001... 1/3/2007 • ~~ • • AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDIlYG CITY. CODE CHAPTER 2, ARTICLE N, A~M.IN.i'STRATXON; FINANCE TO CREATE... DIVISION 3, ADDITIONAL H01i~ESTEAD PXEIVIP'T1'ON AT AGE SA'TY-FIVE; PROVIDII~G FOR SEVERABILITy, CODIIt'ICATION AND AN EFFECTIVE DATE. WHEREAS, Article VII, Section 6(t) of the constitution of the State of Florida authorizes the legislature, by general law, to allow counties or municipalities to grant an additional homestead tax exemption not exceeding twenty_five thousand dollars ($25,000) to any person who has the. legal or equitable title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-tire and whose household income does not .exceed twenty thousand dollars as adjusted periodically for changes in the cost of living; and WHEREAS; Section 196.075, Florida Statutes authorizes a municipality to adopt an ordinance to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable. title to real. estate and maintains thereon the permanent residence of ,the owner, who izas attained age 6S, and whose household income does not exceed 520,000. as adjusted fox changes in the cost of living; and • WHEREAS, the City Council elects to implement the additional homestead exemption pursuant to Article VII, Section 6(t) of the Florida Constitution, and .Section 196.075, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CIT'y COUNCIL OF THE CITY OF SEBASTIAN, INDIA.' RIVER COUNTY, FLORIDA, as follows: Section 1. SENIOR HOMESTEAD ENACTED. That Chapter 2, Article IV of the City Code, City of Sebastian, Florida, ADMINISTRATION.• Finance is hereby amended to create Division 3. ADDITIONAL HOMESTEAD .EXEMpTlply AT AGE SIXTY-FIVE consisting of Sections 2-121 through 2_123, to read as follows: _ Sec.2-121 Definition For the nur~oses of this Ordinance the ollowin~ terrn~s cha11 ha~P hP s indicated be ow: • ~~3 e Sec. 2-123. Anneal ct b i air aLfr d A taxnaver claiming the eYe~*nntion moat a~lbmit rn the Property vnraiser not later than March t r,f Pach year a Sworn ctatP,,,~t~household mcc~me on a form nrescnbed by the Flonda T7r~r,artm~nt r,fR~,~ e Section 2. SEVERABII.ZTY. If any section, paragraph, sentence, clause or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid or un,consti.tutional, such holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. EFFECTfVE DATE. Except as otherwise provided herein, this Ordinance shall take effect upon adoption. The forgoing Ordinance was moved for adoption by Councilmember Caniglio The motion was seconded by Councilmember Bard and, upon being put to a - vote, the vote was as follows: aay) • CrrY of SEB sTra1~, FLORIDA By: .,~•~; ~ ~ ATTEST: ~ Mayor Nathan B, McCollum -. Sally A. M 'o, CMC City Clerk - • Approved as to form and content for reliance by the City of Sebastian only. r-1 Rich Stringer, Ci „~ orney • aa~ ~ r~ U 29-328C-07 • • 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to 3 Section 6 of Article VII of the State 4 Constitution, relating to finance and taxation, 5 to increase the amount of the homestead 6 exemption. 7 8 Be It Resolved by the Legislature of the State of Florida: 9 10 That the following amendment to Section 6 of Article 11 VII of the State Constitution is agreed to and shall be 12 submitted to the electors of this state for approval or 13 rejection at the next general election or at an earlier 14 special election specifically authorized by law for that 15 purpose: 16 ARTICLE VII 17 FINANCE AND TAXATION 18 SECTION 6. Homestead exemptions.-- 19 (a) Every person who has the legal"or equitable title 20 to real estate and maintains thereon the permanent residence 21 of the owner, or another legally or naturally dependent upon 22 the owner, shall be exempt from taxation thereon, except 23 assessments for special benefits, up to the assessed valuation 24 of five thousand dollars, upon establishment of right thereto 25 in the manner prescribed by law. The real estate may be held 26 by legal or equitable title, by the entireties, jointly, in 27 common, as a condominium, or indirectly by stock ownership or 28 membership representing the owner's or member's proprietary 29 interest in a corporation owning a fee or a leasehold 30 initially in excess of ninety-eight years. 31 1 CODING: words =__=:'.:~: are deletions; words underlined are additions. ~7 ~~~ 1 for the assessment of homestead property at a specified 2 percentage of its just value. 3 (e) By general law and subject to conditions specified 4 therein, the Legislature may provide to renters, who are 5 permanent residents, ad valorem tax relief on all ad valorem 6 tax levies. Such ad valorem tax relief shall be in the form 7 and amount established by general law. 8 (f) The legislature may, by general law, allow 9 counties or municipalities, for the purpose of their 10 respective tax levies and subject to the provisions of general it law, to grant an additional homestead tax exemption not 12 exceeding fifty thousand dollars to any person who has the 13 legal or equitable title to real estate and maintains thereon 14 the permanent residence of the owner and who has attained age 15 sixty-five and whose household income, as defined by general 16 law, does not exceed twenty thousand dollars. The general law 17 must allow counties and municipalities to grant this 18 additional exemption, within the limits prescribed in this 19 subsection, by ordinance adopted in the manner prescribed by i 20 general law, and must provide for the periodic adjustment of 21 the income limitation prescribed in this subsection for 22 changes in the cost of living. 23 (g) Each veteran who is age 65 or older who is 24 partially or totally permanently disabled shall receive a 25 discount from the amount of the ad valorem tax otherwise owed 26 on homestead property the veteran owns and resides in if the 27 disability was combat related, the veteran was a resident of 28 this state at the time of entering the military service. of the 29 United States, and the veteran was honorably discharged upon 30 separation from military service. The discount shall be in a 31 percentage equal to the percentage of the veteran's permanent, 3 CODING: Words atiic~e8 are deletions; words underlined are additions. • TREASURE COAST REGIONAL LEAGUE. OF CITIES WEDNESDAY, JANUARY 17, 2007 10:00 A.M. FORT PIERCE, CITY HALL, 100 NORTH US 1, FORT PIERCE, FLORIDA AGENDA 1. CALL TO ORDER 2. DISCUSS INTERLOCAL AGREEMENT 3. LOCATION AND TIlVIE OF FUTURE MEETINGS 4. ADJOURNMENT This is a Public Meeting. Should any interested party seek to appeal any decision made by Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and that, for such purpose he may need to ensure that a record of.the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. Anyone who needs a special accommodation for this meeting may contact the City's Americans with Disabilities Act (ADA) Coordinator at 978-4922 at least 48 hours in advance of the meeting. n?,03 I ~a~ ~D AN INTERLOCAL AGREEMENT CREATING THE TREASURE COAST LEAGUE OF CITIES Whereas, there are ten municipalities in the Treasure Coast Counties of Indian River, St. Lucie, Martin, and Okeechobee which interact on a continuing basis with county government and the State of Florida regarding local government matters; and Whereas, many of the matters are of common concern to all of the municipalities which makes it snore efficient to reach solutions as a group, rather than by having each city negotiate on its own with the State or its respective county; and Whereas, it is probable that better solutions to the common problems will be arrived at by having all cities and their combined resowces working jointly; and Whereas, this type of governmental cooperation would benefit the constituents of not only the municipalities but also of the unincorporated areas and the State; and Whereas, Florida Iaw and, in .particular, Section 163.02 Florida Statutes, allows local governments to create councils of local public officials by adopting an interlocal agreement for a purpose consistent-with the authority of each government's powers; and Whereas, various municipal officials from the Treasure Coast have determined that the creation of such a council of local public officials would be in the public interest; Now Therefore, Be It Resolved by the undersigned municipalities situated in Indian River County, St. Lucie County, Martin County, and Okeechobee County that: Section 1 Creation of the Treasure Coast League of Cities There is hereby created a council of local public officials under the authority of and pursuant to Section 163.02 Florida Statutes, to be composed of the undersigned municipalities situated in the counties of Indian River, St. Lucie, Martin, and Okeechobee (hereinafter the "Treasure Coast"}, which council shall be called "The Treasure Coast League of Cities." The League shall be a corporation not for profit. Section 2 Purposes and Powers The purpose of this association shall be to serve as a forum for jointly studying and resolving issues of local government which concern the Treasure Coast municipalities, for the exchange of ideas and information, for providing aid to member municipalities in the solution of common problems,. and for promoting communication among the member municipalities. ~~il To that. end, the League shall. have the power to: a) Study such area governmental problems, as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions, and area development; b) Promote cooperative arrangements and coordinate action among its members: and c) Make recommendations for review and action to the members and other public agencies that perform local functions and services within the area. Section 2 'Imes of Membershiu A. Active Membership, All municipalities with the Treasure Coast are eligible to be members of the League and may become active members upon execution of a copy of this interlocai agreement and upon payment of whatever annual membership dues have been imposed. Members in good standing shall have voice, vote and office holding rights. within the association. The representative for each municipality shall be the elected chief executive of that body, or, if there is not such a chief executive, then another member of the governing body. Each municipality may also appoint an alternate who shall serve when the primary representative is unable to serve. Each member city shall have one vote. [Weighted voting?] The appointing municipality shall determine the term of the representatives. [Term limits?] B Honorary Membership Honorary membership may be bestowed upon individuals only who shall be selected by vote of the League. All Past Presidents shall be honorary members once they are no longer in elected or appointed office. Honorary members may not vote or hold office. C. Associate Membership Associate members are non-voting members selected from the private, public or non-profit sectors, including, but not limited to, the school boards or county governments. All shall be approved by the League. Associate members shall not vote or hold office but may enter into discussion. Section 3 Bylaws At the organizational meeting of the League the members shall elect aChair, aVice- chair, aSecretary, and a Treasurer for terms of one year. [How many years?, Staggered terms?] A majority of the League shall constitute a quorum [May choose different number] and no matter shall be considered passed by the League without at least the same number of votes as is required for a quorum. [Could be simple majority] The Chair shall run the meeting and rule on procedural matters subject to being overruled by a vote of the League. The Chair retains the right to move or second matters. [Should the Chair have this right] The Vice-Chair ~ 3~ shall serve .when .the .:Chair is unable to. The Secretary shall -keep the official minutes of -the meetings in a journal and shall be responsible for noticing meetings. The minutes themselves may be taken by the City Clerk of whichever city is hosting the meeting. The Treasurer shall be responsible for opening a bank account at a convenient institution and for writing checks on that account for expenses approved by the League. The officers shall be elected at the general meeting of the League held in . [What month9] Section 4 Meeting Times and Places The League shall have the power to set convenient times and places for meetings, which shall be held, at a minimum, once [or another number] a year within the Treasure Coast Counties (the "general" meeting), and once a year at the Florida League of Cities Annual Conference. The meetings shall be advertised by at least one week's notice published in the a newspaper in each county or by posting notices of such meetings in each of the members' City Halls. The meetings shall be open to the public and minutes shall be taken and kept in a journal. It shall be proper for the meeting to be hosted by each municipality in turn or by such other method as the League determines. Special meetings may be called by the Chair ar by any three members writing the League Secretary requesting such a meeting. Section 5 Financial Matters The League may employ a staff, consult and retain experts, and purchase or lease or otherwise provide for such supplies, food, materials, equipment and facilities, as it deems desirable and necessary. The member governments may appropriate funds to meet the necessary expenses of the League. Services of personnel, use of equipment and office space, and other necessary services may be accepted from members as part of their financial support. The League may accept funds, grants, gifts, and services from the state, from any ather governmental unit, whether participating in the council or not, from the Government of the United States, and from private and civic sources. Section 6 Annual Report The League shall make an annual public report of its activities to each of the member local governments, and shall have its account audited annually. Section 7 Eziting League, Dissolution Any member may withdraw from the League upon 60 days' notice subsequent to formal action by its governing body. The League itself can be dissolved by a simple vote. Upon dissolution of the League any remaining funds shall b~ donated to the Florida League of Cities. Section S Effective Date This association shall become effective on April 1, 2007, or on such later date as the sixth municipality has executed this interlocal agreement. If there are not at least six member cities by Jurie 1, 2007, then this agreement shall be null and void. Any municipality may indicate its 33 acceptance of this interlocal agreement by executing a copy of this document and such execution shall be as valid as if the original had been signed. The Mayor of the City of Vero Beach shall collect the executed copies of this agreement and determine when to call the organizational meeting of the League. The following municipalities have executed this Interposal Agreement on the date written underneath the signature of the authorized signer. [Here put the original of each member city's executed signature page.] ~3~( ATTEST: Sign: Print: Tammy K. Vock Title: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH: Sign: Print:. Thomas P. White Title: Mayor The foregoing instrument was acknowledged before me this ~ day of 2007, by Thomas P. White, as Mayor, and attested by Tammy K. Vock, as City Clerk of the City of Vero Beach, Florida. They are personally known to me and did not take an oath. NOTARY PUBLIC Sign: Print: [NOTARY SEAL] State of Florida. at Large My Commission Number: My Commission Expires: a ATTEST: Sign: Print: Deborah C. Krages Title: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF FELLSMERE: Sign: Print: Saza J. Savage Title: Mayor The foregoing instrument was acknowledged before me this day of .2047, by Saza J. Savage, as Mayor, and attested by Deborah C. Krages, as City Clerk of the City of Fellsmere, Florida. They are personally known to me and did not take an oath. NOTARY PUBLIC [NOTARY SEAL] ~3~ Sign: Print: State of Florida at Lazge My Commission Number: My Commission Expires: ATTEST: Sign: Print: Sally Maio Title: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN: Sign: Print: Brian S. Burkeen Title: Mayor The foregoing instrument was acknowledged before me this day of _ , 2007, by Brian S. Burkeen, as Mayor, and attested by Sally Maio, as City Clerk of the City of Sebastian, Florida. They are personally known to me and did not take an oath. NOTARY PUBLIC [NOTARY SEAL] Sign: Print: State of Florida at Large My Commission Number: My Commission Expires: ~g~ ATTEST: Sign: Print: Laura Aldrich Title:Town Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER TOWN OF INDIAN RIVER SHORES: Sign: Print: Title: Thomas W. Cadden Mayor The foregoing instrument was acknowledged before me this day of 2007, by Thomas W. Cadden, as Mayor, and attested by Lava Aldrich, as Town Clerk of the Town of Indian River Shores, Florida. They are personally known to me and did not take an oath. [NOTARY SEAL] ~~ NOTARY PUBLIC Sign: Print: State of Florida at Large My Commission Number: My Commission Expires: ATTEST: Sign: Print: Deb Branwell Title: Town Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER TOWN OF ORCHID: Sign: Print: Richard Dunlop Title: Mayor The foregoing instrument was acknowledged before me this day of 2007, by Richard Dunlop, as Mayor, and attested by Deb Branwell, as Town Clerk of the Town of Orchid, Florida. They are personally known to me and did not take an oath. [NOTARY SEAL] NOTARY PUBLIC Sign: Print: State of Florida at Large ,My Commission Number: My Commission Expires: ~3 ~~{ D OZ03Z ~-II '~ EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into the 25~ day of April, 2005, by and between the City of Sebastian, Florida, a municipal corporation (hereinafter referred to as "City") and Alfred A. Minner, III (hereinafter, referred to as "Mr. Minner") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Mr. Minner as City Manager of the City of Sebastian; and WHEREAS, the City expects Mr. Minner to perform all of the responsibilities and obligations required of the City of Sebastian pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and WHEREAS, the City desires to provide specific terms of employment for the position of City Manager; and WHEREAS, Mr. Minner is desirous of entering into an employment relationship with the City of Sebastian to perform the services required of City Manager; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Mr. Minner, hereby agree as follows: I. APPOINTMENT 1. The City hereby appoints Mr. Minner as the City Manager of the City of Sebastian, effective as of 8:00 a.m., June 1, 2005, subject to all terms and conditions of this Agreement. The City confers upon Mr. Minner all powers, duties and responsibilities as prescribed and permitted by the laws of the State of Florida, the City Charter, Ordinances and other Codes of the City of Sebastian. ~U~ II. TERM OF EMPLOYMENT 2. This Agreement shall become effective upon execution thereof by the last party signing the same, and continue in effect until terminated pursuant to the terms of Section VII hereof. III. COMPENSATION AND BENEFITS 3. Salary - Mr. Minner's salary for the initial period of this Agreement shall be $92,422 per year payable in bi-weekly installments of $3,554.69. 4. Insurance -The City hereby agrees to provide and pay for health, vision, and dental insurance for Mr. Minner and his dependents. Said insurance benefits are to be the same as those available for all other full-time City of Sebastian employees and are subject to change if said benefits are changed for other City of Sebastian employees generally. 5. Retirement -The City agrees to contribute to its existing 401(a) program, or any new retirement/deferred compensation program instituted by the City on behalf of its employees, an amount equivalent to a set percentage of his annual salary, said percentage amount being determined by matching the highest percentage amount being contributed on behalf of full-time employees generally. 6. Vacation - Mr. Minner shall accrue vacation benefits at the same rate as provided to employees of the City generally. Upon termination of employment with the City, Mr. Minner shall be entitled to full compensation for all accrued vacation time as additional salary. 7. Sick Leave - Mr. Minner shall accrue sick leave at the same rate provided to employees of the City generally. Upon termination of employment with the City, Mr. Minner shall be entitled to full compensation for all accrued sick leave as additional salary. a°~ 3i 8. Disability - Mr. Minner shall be provided disability benefits to the same degree as provided other employees of the City generally. 9. Professional Associations -The City agrees to budget, to the extent funds are available, for payment of dues, subscriptions and educational seminars necessary for the performance of Mr. Minner's responsibilities and duties as City Manager. 10. Business Expenses -The City agrees to reimburse Mr. Minner for all expenses incurred by Mr. Minner directly related to the performance of his duties as City Manager. This provision, however, shall not be construed to require the City to reimburse Mr. Minner for expenses that would not otherwise be authorized pursuant to Florida Statutes, City Charter or Ordinances of the City of Sebastian. 11. Discretionary Time - In addition to accrued vacation time, Mr. Minner shall be entitled to discretionary time consistent with the employment policies of the City as established and modified from time to time. 12. Vehicle Allowance - Mr. Minner shall be entitled to receive an automobile allowance of $300 per month in lieu of use of a City vehicle or reimbursement under Paragraph 10 hereof for mileage, fuel, and maintenance costs. 13. Other Benefits - Mr. Minner shall be entitled to other benefits as from time to time may be afforded other full-time employees of the City of Sebastian generally. IV. REVIEW AND EVALUATION 14. Evaluation -Upon completion of the first (6) month period of employment Mr. Minner shall be reviewed by the City Council as to his performance. If Mr. Minner's (6) month performance review is rated Satisfactory or above, he shall receive a 5% increase. Thereafter, on the anniversary date of his employment, the City Council shall again evaluate Mr. Minner's ~~~ performance and may as appropriate increase the salary and benefits of Mr. Minner in a manner consistent with his performance evaluation. Any increases in salary or benefits shall be at the sole discretion of City Council. Subsequent performance evaluations shall be conducted on an annual basis from the anniversary date and thereafter. 15. Cost-of-Living Raises - Mr. Minner shall receive cost-of-living or any such similar generalized raises consistent with those provided to other employees of the City. V. RESIDENCY 16. Mr. Minner agrees to become a resident of the City of Sebastian within six (6) months of the effective date of this agreement. VL FULL-TIlVIE EMPLOYMENT 17. Mr. Minner shall undertake his duties on a full-time basis and shall devote his complete efforts to the business of the City. 18. As part of his duties, Mr. Minner shall attend all public meetings, hearings and workshops of the City Council, and meetings of other boards as is in the best interest of the City. VII. TERA~IINATION 19. The term of this agreement notwithstanding, either party shall have the right to terminate this Agreement upon providing written notice of termination to the other party. This provision notwithstanding, however, during the first two years, the City may only terminate the agreement without cause if it pays to Mr. Minner an amount equal to three months of his current annual salary. After the second year of this contract, the City may only terminate the agreement without cause if the City pays to Mr. Minner the amount equal to two months of his current annual salary. Mr. Minner may terminate this Agreement upon furnishing the City thirty (30) days written notice. au 5 i 20. Notwithstanding any provisions of this Agreement to the contrary, the City may terminate Mr. Minner with cause pursuant to the terms of the City Charter. 21. If Mr. Minner is terminated for cause, the City shall not be obligated to pay any compensation or benefits to Mr. Minner pursuant to the provision of Paragraph 19 hereof. VIII. INDEMNIFICATION 22. Subject to any limitations imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Minner against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by Mr. Minner acting within the course and scope of his duties as City Manager. IX. GOVERNING LAW 23. This Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury as to any and all issues related to this Agreement and the employment of Mr. Minner. X. MODIFICATIONS 24. No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. XI. ENTIRE AGREEMENT 25. This Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. a4~ XII. NOTICES 26. All notices, consents, requests, instructions, approvals, and other communications provided for herein shall be validly given, made or served if in writing and delivered personally or sent by registered mail, postage prepaid, return receipt requested, to the hereinafter designated address (or at such other address which shall be specified by like notice): To the Employer: City of Sebastian Attn: City Mayor 1225 Main Street Sebastian, FL 32958 With a Copy to: City of Sebastian Attn: City Clerk 1225 Main Street Sebastian, FL 32958 To the Employee: Alfred Minner, III XIII. HEADINGS 27. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. XIV. ENFORCEMENT 28. In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting it asserts specific contentions concerning the Agreement which are filed upon by the Court. ~-'~ ~j IN WITNESS WHEREOF, the City of Sebastian has caused the Agreement to be executed by its Mayor and duly attested by its City Clerk, and Alfred Minner has executed this Agreement, as of the day and year first above written. City of Sebastian A Florida municipal corporation athan McCollum, Ma or <.. Approved as to form and legality for reliance by the City of Sebastian only: ~ ~j' Rich Stringer, City A rney a~8 ATTEST: r- AMENDMENT TO EMPLOYMENT AGREEMENT This Agreement between the CITY OF SEBASTIAN, a Florida municipal corporation, and RICH STRINGER amends that certain EMPLOYMENT AGREEMENT between the parties dated October 26, 1998, (hereinafter called the "AGREEMENT"), and provides that IN AND FOR CONSIDERATION of the mutual benefits provided herein and the continuation of the consideration of the AGREEMENT, the receipt and sufficiency of which is hereby acknowledged by the parties, it is agreed: Paragraph III. 4. of the AGREEMENT is amended to read as follows: Mr. Stringer shall accrue vacation benefits at the rate of 4.615 hours per bi- weekly pay period. Upon termination of employment with the City, Mr. Stringer shall be entitled to full compensation for all accrued vacation time as additional salary. 2. Paragraph III. 5. of the AGREEMENT is amended to read as follows: Mr. Stringer shall accrue sick leave at the rate of 3.692 hours per bi-weekly pay period. Upon termination of employment with the City, Mr. Stringer shall be entitled to full compensation for all accrued sick leave as additional salary. The final sentence of Paragraph VII. 1. of the AGREEMENT is amended to read as follows: Mr. Stringer may terminate this Agreement upon furnishing the City thirty (30) days written notice. 4. All remaining terms of the AGREEMENT shall continue in full effect. AGREED to this / /~°~' day of June, 2003. CITY OF SEBASTIAN, FLORIDA Mayor Walter Barnes ATTEST: 1 -~ Sally A. io, CMC, City Clerk EMPLOYE 1.~ ( ~, Rich Stringer ~ " \ (~ ~, ~~~ ~lay~. ~5~ City Council Workshop August 15, 2001 Page Three Detailed information of each department can be found in the proposed annual budget document which is a permanent record. Terrence Moore, City Manager, discussed the role of a City Manager, performance based budgeting, and the need for strong management relations with Council, staff and the public within the Council/Manager form of government. He then outlined the past human resources director's accomplishments and reported that recruitment efforts for a new director are continuing and a selection will be made in the next several weeks. Rich Stringer, City Attorney, described his budget requests which included an auto allowance Mark Mason, Finance Director, thanked his staff and all department heads for their input and reiterated the rolled back rate. He stated inflation, franchise fees, license fees, impact fees, grants and state- shared revenues have contributed to the City's increased revenue. The poor interest on the City's investments, decrease in rents, vehicle sales/disposals, fewer donations and interfund transfers have also impacted revenue. He also stated that we have reallocated the purchases of heavy equipment and police cars by discretionary sales to the general fund. This will provide consistency year to year. The face of the potential elimination of the discretionary sales tax fund cause major purchases to come from general revenue. The Finance Director reported his Department budget will be affected by a new reporting model called GASB 34 which is basic financial statements that includes management discussion and analysis for state and local governments. The Dept. has begun implementation and February's financial statements will mirror private sector. The Finance Director stated all trust funds will collapse into the general revenue fund but this action will not affect the budget and normal increases in worker's comp, property and liability insurance should be expected. The Finance Dept. has calculated a 25% increase in group health and dental insurance rates, however, the actual increase is a blended rate of 22.7%. Special Revenue Funds which have increased the budget include the local option gas tax and discretionary sales tax. In addition, the Rivertront development district and the partial match of a generous grant will affect the budget. The collection of the recreational impact fee from development in the Highlands will also affect revenue later this year. Mayor Barnes called recess from 8:45 p.m. to 8:55 p.m. All members were present. C. PUBLIC COMMENTS Gene Rauth, Chairman of Citizen Budget Advisory Committee, noted the letter from the board recommending approval (see attached). D. COUNCIL COMMENTS/DIRECTIONS Mayor Barnes said this budget process gets better every year and is relatively easy to understand. He 267 X51 ~5~ EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this~t! day of October, 1998 by and between the City of Sebastian, Florida, a municipal corporation (hereinafter referred to as "City") and Rich Stringer (hereinafter referred to as "Mr. Stringer") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Mr. Stringer as City Attorney of the City of Sebastian; and WHEREAS, the City expects Mr. Stringer to perform all of the responsibilities and obligations required of the City Attorney of the City of Sebastian pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and WHEREAS, the City desires to provide specified terms of employment for the position of City Attorney; and WHEREAS, Mr. Stringer is desirous of entering into an employment relationship with the City of Sebastian to perform the services required of City Attorney; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Mr. Stringer, hereby agree as follows: I. APPOINTMENT The City hereby appoints Mr. Stringer as the City Attorney of the City of Sebastian, effective as of 8:00 a.m. of the Monday following approval of this Agreement by the City Council, subject to all terms and conditions of this Agreement. The City confers upon Mr. Stringer all powers, duties and responsibilities as prescribed and permitted by the laws of the a53~1 State of Florida, the City Charter, Ordinances and other Codes of the City. of Sebastian. II. TERM OF EMPLOYMENT This Agreement shall become effective upon execution thereof by the last party signing the same, or as of 8:00 a.m. of the Monday following approval of this Agreement by the City, whichever shall occur first, and continue in effect until terminated pursuant to the terms of Section VII hereof. III. COMPENSATION AND BENEFITS 1. Salary - Mr. Stringer's salary for the initial period of this Agreement shall be $60,000 per year payable in bi-weekly installments of $2,307.69. 2. Insurance -The City hereby agrees to provide and pay for health and dental insurance for Mr. Stringer and his dependents. Said health/dental benefits are to be the same as those available for all other City of Sebastian full-time exempt employees and are subject to change if said benefits are changed for all other City of Sebastian full-time exempt employees. 3. Retirement -The City agrees to contribute to a City's 457 Retirement Plan on behalf of Mr. Stringer an amount equivalent to a set percentage of his annual salary, said percentage amount being determined by matching the highest percentage amount last contributed to a City 457 Retirement Plan on behalf of any full-time exempt employee. This amount is to be paid in addition to any required FICA contribution paid by, or any new retirement program instituted by, the City on behalf its full-time exempt employees. 4. Vacation - Mr. Stringer shall accrue vacation benefits at the same rate provide to all full-time exempt employees of the City. Upon termination of employment with the City, Mr. a54 Stringer shall be entitled to compensation for accrued vacation time not to exceed twenty (20) days. 5. Sick Leave - Mr. Stringer shall accrue sick leave at the same rate provided to all other full-time exempt employees of the City. Upon termination of employment, Mr. Stringer shall be entitled to compensation for accrued sick leave the same as all other full-time exempt employees. 6. Disability - Mr. Stringer shall be provided disability benefits to the same degree as provided all other full-time exempt employees of the City. 7. Professional Associations -The City agrees to budget, to the extent funds are available, for payment of dues, subscriptions and educational seminars related to the scope of Mr. Stringer's responsibilities and duties as City Attorney. 8. Business -The City agrees to reimburse Mr. Stringer for all expenses incurred by Mr. Stringer directly related to the performance of his duties as City Attorney. This provision however, shall not be construed to require the City to reimburse Mr. Stringer for expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or Ordinances of the City of Sebastian. 9. Discretionary Time - In addition to accrued vacation time,lVlr. Stringer shall be entitled to discretionary time consistent with the employment policies of the City as established and modified from time to time. 10. Other benefits - Mr. Stringer shall be entitled to other benefits as from time to time may be afforded all other full-time exempt employees of the City of Sebastian. X55 IV. REVIEW AND EVALUATION 1. Evaluation -Upon completion of the first (6) month period of employment Mr. Stringer shall be reviewed by the City Council as to his performance. The City Council may as appropriate increase the salary and benefits of Mr. Stringer in a manner consistent with his performance evaluation. A determination by the City Council not to increase Mr. Stringer's salary or benefits shall not constitute a breach of this Agreement. Any increases in salary or benefits shall be at the sole discretion of City Council. Subsequent performance evaluations shall be conducted on an annual basis from the first six month evaluation and then thereafter. 2. Cost-of-Living/Merit Raises - Mr. Stringer shall receive cost-of-living or any such similar generalized raises consistent with those provided to other full-time exempt employees of the City. V. RESIDENCY Mr. Stringer agrees to become a resident of the City of Sebastian within six (6) months of the effective date of this Agreement. VI. TRANSITION TO FULL-TIlVIE 1. For the first two weeks following his appointment as City Attorney, Mr. Stringer shall attend all public meetings of the City as delineated below and will spend at least two days per week in the office at City Hall. 2. After the transition period set forth in paragraph one above, IVIr. Stringer shall undertake his duties on a full-time basis, however, the parties acknowledge that there are three to a~ five legal matters to be concluded from Mr. Stringer's previous practice, none of which have any connection with the City of Sebastian or issues affecting the same, which may from time to time require Mr. Stringer's attention during the early months of his tenure. Other than these matters, Mr. Stringer shall devote his complete legal efforts to the business of the City. However, nothing herein shall prevent Mr. Stringer from participating as a referring attorney in accordance with accepted practices of the Florida Bar, or from participating as an expert witness, in matters not involving the City. 3. As part of his duties, Mr. Stringer shall attend all public meetings, hearings and workshops of the City Council, as well as Planning and Zoning Commission, Code Enforcement Board, and Board of Adjustment meetings. Although it is not anticipated, if Mr. Stringer is required to miss any such meeting in the course of concluding matters from his prior practice, he shall be responsible for providing and compensating any substitute counsel needed for such meeting. Additionally, Mr. Stringer shall attend meetings of other boards of the City upon request of said board and the consensus of the City Manager and City Attorney that such attendance is in the best interest of the City. VII. TERMINATION 1. The term of this Agreement notwithstanding, either party shall have the right to terminate this Agreement upon providing written notice of termination to the other party. This provision notwithstanding, however, during the first two years, the City may only terminate the agreement without cause with written notice provided the City pays to Mr. Stringer an amount equal to three months of his current annual salary. After the second year of this contract, the City may only terminate the agreement without cause with written notice provided the City pays to ~~ 1VIr. Stringer an amount equal to two months of his current annual salary. Mr. Stringer may terminate this Agreement upon furnishing the City three months written notice. 2. Notwithstanding any provision of this Agreement to the contrary, the City may terminate Mr. Stringer, with cause, pursuant to the terms of the City Charter. 3. If Mr. Stringer is terminated for cause, the City shall not be obligated to pay any compensation or benefits to Mr. Stringer pursuant to the provision of Section VII (1) hereof. VIII. INDEMNIFICATION Subject to any limitations imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Stringer against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Stringer's acting within the course and scope of his duties as City Attorney. IX. GOVERNING LAW This Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. X. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. XI. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and contains all the ~5g Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. XIL NOTICES All notices consents, requests, instructions, approvals and other communications provided for herein shall be validly given, made or served if in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: (or at such other address which shall be specified by like notice): To the Employer: City of Sebastian Attn: City Mayor 1225 Main Street Sebastian, Florida 32958 With a Copy to: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 To the Employee: Rich Stringer XIII. HEADINGS The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. XIV. ENFORCEMENT In the event that it should become necessary for either party to retain the services of an ~~ attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting it asserts specific contentions concerning the Agreement which are filed upon by the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk, and Rich Stringer has executed this Agreement, as of the day and year first above written. City of Sebastian, a Florida municipal corporation ~~. Ruth ullivan, Mayor Rich Stringer ATTEST: ~ ~' f ~ ,` athryn ~ . O'Hal oran City Clerk Approved as to form and legality: Acting City Attorney acv