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HomeMy WebLinkAbout03282007~~~~ -'' r ~ ~ ~_,_ _- ~~_~ _ - ~~ --- -- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BEINSPECTED /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 VICE-MAYOR SAL NEGLIA 3. INVOCATION BY FATHER JOHN MORRISSEY, ST. SEBASTIAN CATHOLIC CHURCH 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. 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) 7. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 07.064 A. Proclamation for Doris Tropf, President of MADD 1 07.065 B. Certificate of Appreciation - Rappy Perez for Police Pension Board Service 07.066 C. Presentation -Historic Roadway Designation -Harry Tannor (Memo) 3-7 07.016 D. Presentation -Citizen Update Regarding Ocean Concrete -Rex Nelson (no backup) 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. 9-21 A. Approval of Minutes - 3/14/07 Regular Meeting 23-25 B. Approval of Minutes - 3/19/07 Special Meeting 07.067 C. Approval for New Council Members Registration and Travel to Institute for 27-3o Elected Municipal Officials -Tampa, June 8-10, 2007 or Ft. Lauderdale October 19-21, 2007 (City Clerk Transmittal 3/20/07, Info) 07.068 D. Authorize Florida Fish and Wildlife Conservation Commission, Division of Law 31-40 Enforcement to use Riverview Park South as a Staging Area for Boat Testing on June 5 & 6, 2007 (Parks Transmittal, Sketch, Application, Letters) 07.069 E. Authorize the Expenditure of $85,103.75 to Communications International, Inc. for 41-44 Purchase of Dispatch Radio Console, Backup Radio and Related Equipment and Services for Police Department Dispatch Center (PD Transmittal, Quote) 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.070 A. Citizen Budget Review Advisory Committee 45-48 i. Update Council on Appointment Procedures (City Clerk Transmittal, Information, List) 07.071 B. Temporary Environmental Advisory Committee i. Update on Earth Day 2007 Plans (no backup) 10. PUBLIC HEARING Procedures for public hearings (R-05-26) • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public input • Staff summation • Mayor closes hearing • Council action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name. 06.192 A. Ordinance No. 0-07-01 -Petition for Voluntary Annexation by Vero Mini Storage, 49-56 LLC fora 3.87 Acre Parcel of Land Located at 9707 US (GMD Transmittal, 0-07- 01, Letter, Map, FS171.044) 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. 2 06.192 B. Ordinance No. 0-07-02 -Land Use Amendment fora 3.87 Acre Parcel of Land 57-76 Located at 9707 US 1 (GMD Transmittal, 0-07-02, Map, Report, Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (C/I) FOR LAND CONSISTING OF 3.87 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. Ordinance No. 0-07-03 -Zoning Amendment fora 3.87 Acre Parcel of Land 77-94 Located at 9707 US 1 (Quasi-Judicial) (GMD Transmittal, 0-07-03, Map, Report, Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS 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. 11. UNFINISHED BUSINESS 06.114 A. Discuss 2~d Draft Ordinance No. 0-07-06 -Overgrown Lots (City Attorney 95-98 Transmittal, 0-07-06) 07.015 B. Resolution No. R-07-13 -Designating Barber Street Sports Complex Field as 99-102 "Gary Scott Field" (City Clerk Transmittal, R-07-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DESIGNATING THE BARBER STREET SPORTS COMPLEX FOOTBALL FIELD AREA AS "GARY SCOTT FIELD" IN HONOR OF HIS GENEROUS CONTRIBUTION TO AREA YOUTH; AND PROVIDING FOR AN EFFECTIVE DATE. 12. NEW BUSINESS 07.072 A. Review Meeting Procedures Resolution R-05-26 (City Clerk Transmittal, R-05-26) 103-108 07.073 B. Resolution No. R-07-12 -Records Management Policy Revision (City Clerk 109-149 Transmittal, R-07-12, Manual) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN UPDATED RECORDS MANAGEMENT POLICIES AND PROCEDURES MANUAL DATED MARCH 2007, AS THE CITY'S OFFICIAL RECORDS MANAGEMENT POLICY; PROVIDING FOR FUTURE AMENDMENTS BY THE CITY CLERK IN ACCORDANCE WITH UPDATED ADMINISTRATIVE PRACTICES AND STATE LAW REVISIONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 07.074 C. Consideration of Turtle Sculpture Agreement Between the Mental Health Association in 151-153 Indian River County and the City of Sebastian (Agreement, Picture) 3 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda 07.075 A. Damien Gillis 155 Citizens Acaderny Voice Mail for Council Members 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 07.076 A. Host Florida Association of City Clerks Academy Program at City Hall May 10tH 2007, 9:00 am to 3:30 pm (no backup) 17. CITY COUNCIL MATTERS A. Mayor Coy 07.077 i. City Council Member Liaison Appointments to Various Regional Boards 157-160 and Committees (Transmittal, List) 07.078 ii. Assign Members to Attend Indian River County Commission Meetings 1s1-163 (Transmittal, Schedule) B. Mr. Neglia C. Mr. Paternoster D. Ms. Simchick E. Mr. Wolff 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) Procedures for Quasi-Judicial Hearing -Mayor opens hearing -City councilmembers disclose ex-parte 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 4 HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. t , _ ~ ~,.. r:.,~ ., w .. ~,E .,. , , - . _., ANY PERSON 61/HO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY P~lATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS /S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS /N ADVANCE OF TH/S MEETING. Upcoming meetings: April 4, 2007 -Economic Development Workshop 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 CtiY OF _ _ - ~. n HOME OF PELICAN ISLAND WHEREAS, tragically on May 25, 1981, Lynnette Tropf was taken by a drunk driver; and WHEREAS, in determination to allow the memory of her daughter to live on, and reduce the number of drunk driving tragedies, Doris joined Mothers Against Drunk Drivers, and WHEREAS, with great dedication and perseverance, Doris has encouraged D.U.I. task forces and supplied refreshments and support to keep the fight against drunk drivers alive; and WHEREAS, we wish to give special recognition to Doris Tropf for her selflessness and wish her all the best in her retirement, NOW THEREFORE, I, Andrea B. Coy, as Mayor of the City of Sebastian, do hereby pay honor to Doris Tropf for her care and commitment to our police officers and community, which she has placed over and above her own loss. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian too be affixed this 28th day of March 2007. ~~ STI AN ..SBA ~, ~~ =~--- ~, ~~,pRIDA_. ~ '~' ~:~ ~. ,f Andrea B. Coy, Ma r I' ,~,,~_~ ~__- To: Sebastian City Council From: Harry Tanner, Sebastian, Florida Subject: Statement given March 28, 2007, in support of naming Old Dixie Highway as a designated Historic and Scenic City Road in the City Comprehensive Land Use Plan I'm Harry Tanner, Belfast Terrace, Sebastian, Florida. I come before you today to request the following: I'd like action be taken to protect two small portions of Old Dixie Highway (originally known as Dixie Highway) from being changed from their present state. The portions of Old Dixie Highway in question can be found as follows; drive 1.3 miles south of Route 512 East to the sign "Old Dixie". Starting at US 1 "Old Dixie" travels west about 150 feet and then enters Sebastian (portion 1). "Old Dixie" goes about 2/10' of a mile in Sebastian and then exits Sebastian back into the County. It runs North in the County parallel and on the east side of the Florida East Coast Railroad tracks, turns west and crosses the tracks and then immediately turns north and runs parallel to the tracks to the Sebastian city line (portion 2) which starts about 1/4 mile south of the south curb of east bound Route 512, the point at which "Old Dixie" ends. (See Map) The portions of "Old Dixie" on city property are unique in that portion 1 is a pristine one lane 12 foot wide road that travels through the countryside, while portion 2, 3/4 of a mile down the road has turned into two lanes with immediately evidence of urban life, i.e.; industrial parks, tall chain link fences, tractor trailer lots, things that you would expect to see as progress occurs along a road, and, especially as it is in this case, a road on the outskirts of town. This is a classroom example of the life and growth along a stretch of road. It becomes part of its historical record and value, from the countryside to the city. A history lesson can be seen on this short stretch of "old Dixie". My near preliminary research leads me to the following beliefs. The original track of "Dixie Highway" as it travels on the west side of the railroad tracks south of Sebastian Blvd. was surveyed in 1895 and the results of that survey can be found in Brevard County (See attachment). What they show is a survey for a road to be built south of the San Sebastian River, then Brevard County, from the San Sebastian River for about 5 miles south into the County. The survey actually shows in 1895 part of the route Dixie Highway would eventually take in 1915, that is; south from Route 512east, as it is now known, to a point south about 8/10 of a mile, where it crosses to the east side of the tracks. The Dixie Highway was constructed as part of the National Auto Trail between the mid-west and Miami, Florida. It came about in 1914 as the idea of Carl Fisher the developer of Miami. His idea was to map a route from the Midwest to Miami where he was attempting to develop a resort community. In 1915 he took his idea to the "American Road Congress" meeting in Atlanta Ga. and received their approval for the idea. He then enlisted other businessmen and embarked on a trip to map, or a better description would be he was driving to Florida and writing down the roads he was taking for a later publication that would be much the same as a computer map-quest request from Chicago to Miami is today. fIe developed a street by street guide book to get you to Miami. Most historically important in all of this is that states, counties, cities, villages, everyone, wanted the Dixie Highway to pass through their territory. It meant new people, new business, and new commerce. It became so competitive between cities that Fisher decided to have and east and a west route so more cities would enjoy the benefits of being on the Dixie Highway route. The eastern route ended up going from the Canadian border in Michigan through Michigan, Ohio, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, and into Florida at Jacksonville. It traveled south along the east coast of Florida ending in Miami. Have you ever wondered how this area became so popular with people from the mid-west? You can stop wondering! It was via the Dixie Highway. The Sebastian portion was initiated in 1915. The Dixie Highway Pathfinders, headed by Carl Fisher, arrived in Sebastian on October 23, 1915, with a motorcade of 15 cars on a trip that started in Chicago and ended in Miami on October 25, 1915. The city of Sebastian was decked. out with flags and waiting for them. They were met in Sebastian by a 10 car reception committee from the County. This trip from Chicago and the stop in Sebastian was to map the route Dixie Highway would take through the county. The route established that day includes the road "Old Dixie" that I am requesting special historic designations for with this presentation today. As you know most of Dixie; Highway in Florida has been paved over or destroyed in other ways. The treatment it has received in Sebastian to date has been no different. It has been paved over and forgotten. Dixie Highway in 1920 ran north and south through our historic district, the road was called "Dixie Highway" not Old Dixie Highway or US 1. The portions of Dixie Highway that remain in our city retain their historic and scenic value. That will be lost forever if the road is altered. This is Dixie Highway in its earliest state. It is History. This portion of road is City, County, Florida and National history. In my estimation it should. be preserved. _....,~ `~" ' ~e~ I have a vision of some day seeing this portion of road listed in the National Historic Register. In order for that to happen it starts here today with your recommendation of this designation. I hope this is done. Thank you. Harry Tanner _ _ .. ,_ _ _ SEE MAP NOS. 2&3 _ _ _ . _ a y 1- avE `~~, -~, ~ i A- S L~~nl ~~~ ~ t i ti < /U - pl_:11,1 '. ~Pnr4 ~ ~ J(IOP c'TK \ PA! 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Z .%,! y 1 ~4P ~i~.~~~~: Y, ift Yf ~..f .i?. ... _'hf ~ _{{...: lii' !.!.3 .t t ~., { . -~t _. - ~^ _- rig . ...... ~nYe.-1LT9~..:~.ri~~4`. e ~~ ae'ii'. y y g ~ _. ~= t? ~_: ' ~t , }. '.: -, i j~l'-. S-.y.: . ~ _. ~--- an ~~ ~` 3 a `-..y_ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 14, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. 3. 4. 4. The Mayor called the meeting to order at 7:00 p.m. Council Member Neglia led the Pledge of Allegiance. There was a moment of silence. The Civility Pledge was read. ;~ ROLL CALL .,..~ ~;> ._ City Council Present: ff 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 MIS Systems Analyst, Barbara Brooke Building Director, Wayne Eseltine City Engineer, David Fisher Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger Interim Public Works Director, Jerry Converse MIS Systems Analyst, Barry Siepmann ~.~,,. ~"~.~. . 4,~.. ~ '.:,:Ys .: \' Regular City Council Meeting March 14, 2007 Page Two 1-2 6. FILL COUNCIL VACANCY IN ACCORDANCE WITH CITY CHARTER (City Clerk Transmittal) A. Motion to Fill Vacancy On MOTION by Ms. Coy and SECOND by Mr. Paternoster, City Council moved to fill the vacancy on a roll call vote of 4-0. Mayor Burkeen nominated Ms. Dale Simchick who received the highest vote of the non- incumbents. B. Swearing In by City Clerk Ms. Simchick was sworn in by the City Clerk and then took her place on the dais. Mayor Burkeen asked that proclamations be moved to just before the next item. The City Attorney advised that the Sebastian Crossings item should not be listed under public hearings but moved to the consent agenda because it is a legislative matter rather than quasi-judicial. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, the agenda was modified as requested by Mayor Burkeen and the City Attorney on a roll call vote of 5-0. 9. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.061 A. Proclamation -Boys and Girls. Club -Alex Soares, Sebastian Branch Director, Boys & Girls Club Mayor Burkeen read the proclamation and presented it to Alex Soares and Nicole Weber. Mr. Soares invited everyone to attend a March 30th cookout. 07.052 B. Proclamation - Teacher of the Year Award -Lisa Mucci Mayor Burkeen read the proclamation and presented it to Lisa Mucci, who addressed the audience and received a standing ovation. _.. ,I ~~ 2 Regular City Council Meeting March 14, 2007 Page Three 7. ITEMS CARRIED FORWARD FROM 2/28/07 REGULAR MEETING 07.046 A. Bostinto Drainage Issue -City Engineer Report and City Attorney Report 3-~ on Whether These Issues Should be Handled Case-by-Case or City-Wide The City Manager reiterated that the City has not caused this drainage problem and fixing it would set an unwanted precedence. Rosemary Bostinto said the City Manager shook her hand and made a promise, and the Supreme Court considers that a contract. She said she waited eleven months to move forward for the problem to be fixed, and noted that she did not create the problem. Mr. Neglia suggested the City could work with Ms. Bostinto to share the costs. Mr. Paternoster said this has been a lengthy process and a commitment was made by the City Manager, and as Council it should be honored. Mr. Paternoster said he told Ms. Bostinto the City Engineer was working on it and then was told by the City Engineer he only found out about it in January. In response to Ms. Coy, the City Manager said he did not recall telling her he was going to fix it but remembered that he was under a contingency, that if the problem was caused by the City and if it was the City's responsibility, the City would look into and fix it. He said he does not believe the City has responsibility in this issue. Ms. Coy said there is a long history on this issue, that Burgoon Berger offered to fix the problem with fill during the construction of the house behind her. She said she has heard the City Manager make that same promise to others, that if it is the City's problem it would be fixed. In response to Ms. Simchick, Ms. Bostinto said she lived in the house nine years and she has been in the house nine years, and the problem occurred when an adjacent house was constructed. Ms. Simchick reminded everyone that the County Health Department sets the elevations on houses not the City. She said she would support the City establishing a comprehensive plan on the entire issue but would not take action on a single matter at this time. Virgina Koernor, adjacent property owner, said she received a copy of the Burgoon Berger letter, and that she did not know of the intentions of the builder until two weeks before she moved in, that her pool had been undermined and Burgoon Berger was going to drop her fill into the Bostinto yard. She said to the best of her recollection no arrangements were made for this. ~I Regular City Council Meeting March 14, 2007 Page Four Damien Gilliams, 1623 US 1, Sebastian, said for the record, it is the State Health Department and not the County who sets elevations, and if everyone was mandated to have gutters directing their runoff to the front the City could eliminate the problem. Mr. Paternoster said that the City Manager said he did not want to get into the middle of two guineas from New Jersey. The City Manager called for a point of order and said what Mr. Paternoster said was not true. Mayor Burkeen called for a point of order, and Mr. Paternoster asked if the Mayor wanted the truth or what people wanted to hear. The City Manager answered that Council wouldn't get the truth from Mr. Paternoster. In response to Ms. Simchick and Mr. Neglia relative to precedence and liability, the City Attorney responded said it is not illegal to help Mrs. Bostinto and the City would not have to do it for others, the City would just be setting a policy precedence. A MOTION by Mr. Paternoster with a SECOND by Mr. Neglia was made to go ahead and fix the Bostinto backyard as promised using the City Engineer's methods. The City Engineer stated costs for methods set out in his memo would be from approximately $2,000 to $5,000 and explained that the numbers would come out differently depending on who does it. The City Attorney said an indemnification agreement would be needed if city workers did the work and recommended Council make the agreement part of the motion. Mr. Paternoster added to his motion the negotiation of an agreement for indemnification and Mr. Neglia agreed. On a roll call of 4-1, the motion passed. (Coy -nay) 06.114 B. Discussion of Draft Ordinance No. 0-07-06 -Overgrown Lots The City Attorney asked Council to decide if this is the way they want to go and then he will forward the ordinance to U.S. Fish and Wildlife Service for comment. Ms. Simchick said she preferred the lots remain in their natural state and is concerned that out of town property owners will not have a say regarding the ordinance. Ms. Coy pointed out that an aggrieved neighbor is needed to have a problem and not all of the vacant lots will have to be clone. The City Attorney advised an ordinance cannot be drafted based on someone's complaint. Mayor Burkeen asked how long this review would take to develop guidelines. The City Attorney said it would probably take about six to eight weeks. 'Z 4 Regular City Council Meeting March 14, 2007 Page Five The City Attorney pointed out this would only apply to lots adjacent to developed lots because there is a commitment in the habitat conservation plan to preserve the habitat until it is actually developed. Mr. Paternoster said we have to take care of the people who are here in the City as opposed to the vacant property owners. Louise Kautenberg, asked Council to consider carefully; said wildlife does adapt to change in their environment, and we need to give them time to do so; said she does not hear many people complaining about overgrown lots; and that owners of undeveloped property that don't require city services deserve as much respect as someone who owns a house. Neil Lagin, said it is the invasive plants that need to be cut back and would like to see an ordinance that eliminates pepper trees, mellaluca, and potato vine from the City Trish Adams, Sebastian, Habitat Conservation Planning Coordinator for US Fish and Wildlife Service, said pepper trees are taking over the environment, and scrub jays are not adapting to pepper trees but stay in the same area for their lives supplementing their diets with birdfeeders. She said the Service has learned more since the City's original Habitat Conservation Plan, and the Service will not allow new permits to clear during nesting season which goes from March to June. She said without the prohibition of clearing during nesting season, the Service would not support this ordinance. Ms. Coy said the issue is not all the empty lots around town, but the lot next door that is breaking down fences causing the homeowner to be faced with a civil suit. She asked if there is any way the ordinance can be drafted so it addresses only property damage. The City Attorney said through the current nuisance provision the City can have trees removed that are in danger of falling on a house. He said if the trees have crossed over the line into the next property, homeowners can cut them. Mayor Burkeen asked if this is a city-wide problem and if an ordinance is really needed. Ms. Coy stated she did not want to take habitat but is concerned with recent citizens who have shown pictures of damage. The City Attorney offered language instead of "encroaches on an improved real property" to "damage to adjoining real property." Mayor Burkeen offered that a dollar figure can be attached. The City Attorney stated all damage might have a dollar figure. Mr. Paternoster clarified that Council is trying to head off the encroachment with the five foot language. The City Attorney agreed because Florida vegetation is known to grow back quickly. 13. Regular City Council Meeting March 14, 2007 Page Six Ms. Simchick asked if homeowners insurance would cover a tree falling down. The City Attorney said it would, but preventing personal injury is the City's standpoint. She asked if neighbors would be trespassing if they stood and cut in their neighbor's yard. The City Attorney didn't think neighbors would be upset if they were taking care of overgrowth. Finally, Ms. Simchick asked if it was a dead tree could it be considered a nuisance. The City Attorney said the City has been doing that but not in cases such as pushing a fence. He cautioned Council getting too involved with property disputes and said ideally if the Council on Aging kept a list of volunteers who would cut back lots that would be great. Mayor Burkeen suggested moving forward with the draft and then see if there is any interest as it moves forward. The City Attorney said he could bring it more in line with property damage and bring it back to the next meeting. Mr. Paternoster said it also needs to have encroachment in it as well. 07.029 C. Approve CDM Collier Canal Seawall Assessment and Design Project Contract 9-23 The City Manager said CDM has requested an additional $65,000 for redesign of the project, and said the City Engineer will address the specifics. The City Engineer cited his February 22, 2007 memo to Council and said that he finds nothing wrong with the project design costs, however, noted that everything is subject to final audit. He recommended that the invoice be paid. The City Manager explained that CDM was very successful in reducing mitigation costs; assisted the City with grant procurement; lived up to the terms of their contract; and based on the changes that occurred for this project, they are entitled to the amended contract price. Don Wright, 720 North Fischer Circle, Sebastian, said the dredge spoils from Collier Creek are planned to be dumped in Hardee Park and the Parks and Recreation Committee objects to this due to the fact that it is a well used park. He said there is no real information being shared with the public on this. The City Manager said the actual project operation would be addressed at a later time. He said putting the spoils at Hardee was not preferred but fit into the budget plans. He said the City has a permitted project, and can modify the permit if necessary. He said he would review the permit and possible permit alternatives at a later time with Council with various options available. Bob Audette, 755 Wimbrow Drive, Sebastian, said after sending a detailed letter to each member of Council, three of five Council members did not feel this issue was worth getting back to him on. Mr. Audette then read through his list of CDM's deficiencies: no wading bird mitigation in the initial application; widening some spots without telling the residents; and cutting asbestos above water line. `.._ __-. \~ ~~ 6 Regular City Council Meeting March 14, 2007 Page Seven 8:33 pm In response to Mr. Audette, the City Manager said the twin ditches is a CDM project. The City Manager said the contractor started the project without an dewatering permit but it was stopped immediately until the permit was received. The City Manager pointed out the contractor working without the permit is not a fault of CDM. Mr. Audette said CDM has no right to ask the City for more money and it is his contention that a design should work and if it doesn't work, it should be fixed for free. Mr. Audette read a December 14, 2006 request for additional information from St. Johns River Water Management District as follows, "Please be advised that Collier Creek Canal is considered surface water as defined from top of bank to top of bank therefore surface water acreage and surface water impact resulting from dredging is 13.6 acres any dredging and/or filling below the proposed top bank of drainage ditches is considered surface water impact. Please provide the acreage of fill below the top of the bank resulting from filling to create the slope." He stated CDM's answer, "Based on the definition that surface water is defined as top of bank to top of bank, there are approximately 13.6 acres of dredge and or fill impacts to the water," which he did not feel is an answer and the City may have to pay for mitigation. The City Manager said when he reviewed Mr. Audette's information he said Mr. Audette kind of weaved in and out of two different times that this project was considered, and said in February St. Johns gave us a permit that they would not have given it if we still had problems. Mr. Audette said they were told by St. Johns that if they see an engineer's seal they don't even review it. He said it was not his intent to stop the project but convince Council that there have been mistakes and $65,000 is just the tip of the nightmare. Mayor Burkeen asked if a project such as this would be audited and the City Manager responded that it would be included in the overall CAFR but if Council was seeking a specific audit on this project they would have to request a special audit. Eugene Wolff, 757 Wimbrow Drive, Sebastian, said he believed CDM is a reputable firm however, the design that was originally drawn up was shot full of holes by St. Johns, and then the City decided to do a simpler project, and CDM redesigned. He said they should not be paid to do a simpler design, he said the City expects them to get grants, that $65,000 is a lot of money, and suggested the City call it even and they swallow the money as a show of good faith. John Oakes, 593 Birch Court, said the metaphor presented by Mr. Wolff was accurate and the right thing to do is not pay the $65,000. ---, f t~ 7 Regular City Council Meeting March 14, 2007 Page Eight Ms. Coy said Mr. Wolff said St. Johns filled the original plan full of holes, but it was her recollection that Council is the body that changed the project. The City Manager explained the City needed more detention/retention and through a year-long review, decided to minimize and go with the Collier Creek project. Eric Groetke, CDM Engineer and Sebastian resident, said he worked on the Stormwater Master Plan and it is dear to his heart, and the project has changed a great deal. He said Collier Creek was originally supposed to be an assessment project and it would be charged to residents along the canal. He said the contractor did not do what he was required to do and was immediately immobilized. CDM has been in Indian River County for over twenty years and continues to do things for the City out of any contract. He said he would not have come to Council if they had not been impacted. Bob Audette reiterated his three points of contention. Eugene Wolff reminded that the City Attorney determined the seawalls to be owned by City so residents could not be assessed. Mr. Paternoster asked if CDM could answer Mr. Audette's three questions. Eric Groetke, responded in regard to the wading bird habitat: extensive discussions with SJRWMD were held, the site was visited, SJRWMD said the project had to happen and asked us to come up with a mitigation plan. Mr. Groetke said the widening of the canal was a result of several meetings held here at the direction of Council. Finally, he said the asbestos seawall has also been brought up in many meetings; it is a FDEP issue and will be handled by the contractor and CDM cannot direct the contractor how to remove the asbestos (the contractor will have to be certified in asbestos removal). Mr. Neglia said when the Twin Ditches project failed the Council members were called right away and the neighbors were happy that it was taken care of. The contractor admitted it was going to cost him but he took care of it. He said CDM has been up front; the City has changed the project and the money is not enough money. Mayor Burkeen thanked CDM i~or the job they have done, but said the Council does owe citizens responsibility. On a MOTION by Mayor Burkeen, with a SECOND by Mr. Neglia the payment was authorized with an audit to be completed at the end of the project. Mayor Burkeen called for a recess at 9 p.m. and they reconvened at 9:10 p.m. All council members were present. C~~ Regular City Council Meeting March 14, 2007 Page Nine 07.060 D. Discussion of City Hall Complex as Public Forum (Added by City Attorney) (no backup) The City Attorney said since the complex opened we have been careful as to what we consider a public forum, citing the use of the courtyard. He said Friendship Lane is not a public road but rather an internal circulation drive, and during the election the city had memos in place that the appropriate forum was the area of the Main Street sidewalk. He said there was an individual handing out handbills in the back parking lot last week. He said he would come back with an amendment of the handbill ordinance to allow them in areas established as public forums. It was the consensus of Council for him to proceed. 07.059 E. Alternate Representative Proposal by Treasure Coast Regional Planning Council (TCRPC) minutes 25-33 Mayor Burkeen explained that certain municipalities would like Sebastian to give up one of its voting positions on TCRPC. All members agreed they did not want to give up the City membership. 8. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on fhe written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) No further modifications. 10. 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 separate/y. 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. 35-40 A. Approval of Minutes - 2/21/07 Code Enforcement Workshop 41-51 B. Approval of Minutes - 2/28/07 Regular Meeting 07.057 C. Resolution No. R-07-10 -Extend Environmental Advisory Committee for Six 53-56 Months (City Attorney Transmittal, R-07-10) A RESOLUTION OF THE CITY OF SEBASTIAN. FLORIDA, EXTENDING TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.062 D. Approve Treasure Coast Crafters Club Craft Show in West End of Riverview 57-64 Park by US 1 on April 28 & 29, 2007 from 9 am to 4 pm (Parks Transmittal, Permit Application, Donation Letters) ~. Cam/ 9 Regular City Council Meeting March 14, 2007 Page Ten 06.113 4~ E. Resolution No. R-07-09 -Final Plat for Sebastian Crossiniqs Commercial 73-93 (GMD Transmittal, R-07-09, Final Plat, Application, Bond Estimated Costs Surveyor's Approval) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. On MOTION by Mr. Neglia and SECOND by Ms. Coy items A-E were approved on a roll call vote of 5-0. 11. COMMITTEE REPORTS/RECOMMENDATIONS 07.001 A. Parks & Recreation Advis~Or' _Committee 65 i. Removal of Walt McCarty for Non-Attendance (City Clerk Transmittal) On MOTION by Mr. Neglia and SECOND by Ms. Coy Mr. McCarty was removed on a roll call vote of 5-0. 07.004 B. Temporary Environmental Advisory Committee 67-72 i. Fill Vacancy (City Clerk Transmittal) On MOTION by Mr. Paternoster and SECOND by Ms. Coy, the rules were suspended and Ms. Koerner was appointed on a voice vote of 5-0. 12. PUBLIC HEARING Item A was moved to consent. 06.158 B. Ordinance No. 0-07-05 - 100-Foot Buffer (City Attorney Transmittal, 0-07-05) 95-98 - 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. (PJ 3/7/07) The City Attorney read the title and the Mayor Burkeen opened the public hearing at 9:22 p.m. No one came forward to speak. On MOTION by Mr. Paternoster and SECOND by Mayor Burkeen, Ordinance No. 0-07-05 was adopted on a roll call of 5-0. 13. UNFINISHED BUSINESS -None ,~ +~ ~~ 10 Regular City Council Meeting March 14, 2007 Page Eleven 14. NEW BUSINESS 07.063 A. Waive Bid Procedures and Award Sebastian Municipal Golf Cart Lease/Purchase 99-118 Agreement to Club Car (SMGC Transmittal, Agreement, RFP, Spreadsheet) The City Manager reiterated his recommendation in the agenda packet and recommended approval. Mayor Burkeen asked if we are piggybacking the North Palm Beach, and the City Manager said there were some specifics of the contract that were slightly different. The City Manager responded to questions from Mr. Neglia and Mr. Paternoster relative to lease provisions about using the carts other than their stated intent, and maintenance issues. On MOTION by Mayor Burkeen and SECOND by Mr. Neglia, City Council approved the lease/purchase agreement on a roll call vote of 5-0. 15. 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 Joe Scozzari said when Mr. McCollum was here, he asked for the Clambake records and now that Mr. McCollum said he doesn't want them, Mr. Scozzari asked if a Council member would ask the City Clerk to request them or ask for her to ask for the records in writing. He cited the Attrorney General opinion advising that the records be public. He said he hasn't seen a real push to obtain the Clambake records. Todd Klitinic, Sebastian said he would like to see ahandball/racquet court and new community center; spoke of a Salvation Army appreciation dinner; stated he planned to ask for drainage relief next from the City. Neil Lagin, Wentworth Street, Sebastian, suggested an ordinance to direct flow of water when houses are built higher than those adjacent to them. The City Attorney said that regulation is already in place. Julie Scozzari, thanked Council for fixing the railings on Indian River Drive and congratulated Ms. Simchick. Cynthia Noonan stated the Gang Prevention Task Force had their first meeting and have gathered assessment questions. She asked for Council's patience during their assessment process. Damien Gilliams, Sebastian, thanked Mayor Burkeen for his service to the community; said he submitted his site plan and has not received any response; asked if the Growth Management Director has a procedure in place for site plan review; reported on his hearing before the Construction Board noting that it was postponed and asked why the 1 `~ , l l Regular City Council Meeting March 14, 200? Page Twelve City was not prepared; said people are allowed under the First Amendment to protest and someone from the City called the Police Department to remove an individual who was handing out handbills during the early voting and the Chief apologized to him because there is no code that prohibits handing out information; congratulated Ms. Simchick and Ms. Coy and said that the word is out that Ms. Coy will be Mayor and the fix is in. Joe Scozzari said it was a good idea to move "Introduction of New Business" because now people have a lot of time to speak. 16. CITY ATTORNEY MATTERS ~- None 17. CITY MANAGER MATTERS -None 18. CITY CLERK MATTERS The City Clerk responded to Mr. Scozzari's accusation that there is no push to get the Clambake records by stating she had sent a letter of request to the Foundation and had sent an a-mail at Mr. Scozzari's request, to the Foundation's legal counsel who has the records. She further stated she had provided Mr. Scozzari with the records the City had on the Clambake and could not provide records she does not have. 19. CITY COUNCIL MATTERS Ms. Simchick -She thanked everyone that voted for her. -Requested mile markers in Riverview Park for fitness walkers. Ms.Coy -Said there had been a fish kill at Easy Street Park spawned by an amberjack. She said she was disappointed in whoever put the amberjack in the pond. -She thanked everyone that voted for her. She said she would miss the Mayor. Mr. Paternoster None. Mr. Neglia -Said he would miss the Mayor. -Gave a legislative delegation meeting report on urban service area sponsored by Commissioner Wheeler; and stated property tax reform and insurance are priorities for Senator Haridopolis. fem. ~..~~ Z~ ~___--~ 12 Regular City Council Meeting March 14, 2007 Page Thirteen -Spoke of a possible interlocal government group that might form instead of a charter government. -He urged the public to watch these issues coming up. Mayor Burkeen Congratulated Ms. Simchick and Ms. Coy. Said his last two years have been challenging, rewarding, and he has learned a wealth of experience. He thanked his supporters, wife, kids and parents for their support during this time. 20. Being no further business, the Mayor adjourned the meeting at 10:10 p.m. Approved at the March 28, 2007 Regular City Council Meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ~~. I i ~-% 13 Cz1 cnv or ~: HOME OF YELII.AN ISLAND SEBASTIAN CITY COUNCIL AGENDA SPECIAL MEETING MONDAY, MARCH 19, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Senior Member of Council, Sal Neglia, called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. The Civility Pledge was recited as follows: We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 3. There was a moment of silence. 4. ROLL CALL City Council Present: Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Cit~Council Absent: Mayor Brian Burkeen Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams 6. ELECTION MATTERS (City Clerk Transmittal, R-07-11, Certificate) A. CURRENT CITY COUNCIL 1. Adopt Resolution No. R-07-11 -Certificate of Canvassing Board A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE MARCH 14, 2006 MUNICIPAL ELECTION; PROVIDING FOR RECEIPT OF CERTIFICATE OF CANVASSING BOARD FOR CITY OF SEBASTIAN; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE COUNCIL ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. CZ 3. Special City Council Meeting March 19, 2007 Page Two The City Clerk stated that official returns were obtained on Friday, March 16, 2007, however the numbers remained the same as the unofficial return because the one questionable provisional ballot was not counted by the Supervisor of Elections Office because the individual who voted provisional did not provide a Florida voter registration by Friday's deadline, in accordance with Florida law. The unofficial return certification was replaced by the official return certification as Exhibit "A" to Resolution R-07-11. On MOTION by Ms. Coy and SECOND by Mr. Paternoster Resolution No. R-07-11 with the official return attached as Exhibit "A" was adopted on a roll call vote of 4-0 (Burkeen -absent). B. NEW CITY COUNCIL 1. Investiture of Newly Elected Officials by City Clerk The City Clerk individually swore in newly elected officials Andrea Coy, Dale Simchick and Eugene Wolff, who then took their places at the Council dais. 2. Election of Ma~ror Senior member of Council, Sal Neglia called for nominations for Mayor. Ms. Simchick nominated Ms. Coy. Mr. Wolff nominated Mr. Neglia. Mr. Neglia declined the nomination. Mr. Paternoster nominated Ms. Simchick. Ms. Simchick declined the nomination. By virtue of no other nominations, Ms. Coy was elected Mayor. 3. Election of Vice Ma.~or Mayor Coy called for nominations for Vice Mayor. Ms. Simchick nominated Mr. Neglia. Mr. Paternoster nominated Ms. Simchick. Ms. Simchick declined the nomination. By virtue of no other nominations, Mr. Neglia was elected Vice-Mayor. 7. CLOSING REMARKS BY COUNCIL MEMBERS/STAFF Each newly elected member thanked all those who supported their candidacy and pledged to serve the City well. ~y~ __--- 2 Special City Council Meeting March 19, 2007 Page Three 8. PRESENTATION OF PLAQUE TO OUTGOING MAYOR BRIAN BURKEEN Former Mayor Burkeen was not present, and Mayor Coy read the plaque. 9. Being no further business, Mayor Coy adjourned the Special Meeting at 7:14 p.m. Approved at the March 28, 2007 Regular City Council Meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ,~ r~ 3 _-~\ /`~ Z / •- CITE OF B~~ASTIAN AOENUA TRANSIVIITTAL Subyect: Prior Authorization for City Council Agenda Nc~. Registration and Travel to Institute for Elected ",,~ Municipal Officials -- Tampa, Florida _ June 8- I:~eparrtrnent Or' City Clerk ~'- r . 10, 2007 ar Fort Lauderdale area, Florida _ City Attarney: C?ctober 19-21, 2007 City Clerk: Ap r®v JfAr Suittal by: City Manager J L1ate Subrnitfied: 3/20/07 ' " __ ®r Agenda af: 3/28/0 F 7 ~ _ _~ ~ f~l i e ~-~ Exhibits: Conference Info EXPEN®1TURE REG2L11REU: ~ IIAl1nC~UNT AVAIL.A[~LE iN APPROPRIATION Estimated travel if 2 members IBUC1CvET: REQUIRE®: attend: $ -~ > ~ . hotel, $302.00 Travel: $ ~ 3,61'.00 mileage, $164.00 food Training: $ 3,640 .~~ Training and Education e;~egistration) if 2 attend: $550.00 SUTAt~~Y In accordance with the Council and Charter Officer Travel 1=policy and I~rocedures adopted by R-04n39, City Council members are required to receive prior authorization for travel. The Florida League of Cities Institute for Elected Municipal L~ffic.i~,ls will be held Tampa, Florida -- dune 8-~10, 2007 ar Fort Lauderdale area, Florida -- October 10-~.?1;2g07 ~o that we rr~ay taegin to ?make travel arrangerrjents we ar:~ asking for travel approval at this time for any City Council rren~bers inter~5t~:~I in a3fenr?ir35:J. RECOMI~IENC~E~3 AC°I'"It~N Move to authorize prior travel and registration apprc~°~al for any City Council members who wish to attend the Florida League of Cities Institute for Elected Muni~;ipal Officials to be held Tampa, Florida -June 8-10, 2007 res. Fort Lauderdale area, Florida _ ~'ictober 19-21, 20f~7 C ~s~i~C:.P'3 .t!..r'a ~..;:ad:,.'ife< f 1't.,;' ~,,~r~}~;~~w r"t: ~fi';F'~3f ~... !r7! Zbj Insti~~te for Elected Municipal Officials -Basic Page 1 of 2 Institute fir 1 ct unici al ff9~i[~ ~1~ ) ' =. ~ ' The Florida League of Cities and the John Scott Dailey Florida Institute of Government are proud to bring you the Institute for Elected Municipal „~,~~ "' ' "' Officials. Whether you are a newly elected or veteran municipal official, this ~~ specially designed educational program is for you! ~ - The primary objective of the Institute is to provide elected municipal officials with an intensive academic program that will assist them in effectively ~,,• ~__ meeting the requirements of their elected role. The program offers a ~` ~ comprehensive overview of Florida municipal government, presented by a faculty of top professionals in the field. Started in 1992, the IEMO program has graduated more than 1,400 municipal officials. In 1994, an Advanced Institute was developed for IEMO graduates and city officials who have completed more than one term of office. Click here for more information on the Advanced Institute. The Institute is a three-day program structured in a Friday through Sunday format. The goal is to make the program as accessible as possible; therefore, the Institute is being offered at various locations throughout the state. Staff from the Florida League of Cities and the John Scott Dailey Florida Institute of Government have developed a comprehensive, quality program. A certificate of attendance for successful completion of the program of study is provided. The 2007 Institute for Elected Municipal Officials will be offered at the following locations: • Tampa -June 8 - 10, 2007 • Fort Lauderdale area -October 19 - 21, 2007 Each site is hosted by the respective Institute of Government affiliate in the area. To register, call the John Scott Dailey Florida Institute of Government at: (850) 487-1870 or Suncom 277-1870. UI`f"jGt.tjLlm The curriculum is divided into six instructional modules, taught in the following sequence: Structure and Functions of Municipal Government in Florida; • How to be an Effective Council Member; • Taxes and Other Sources of Revenue; Budgeting and Accounting; • Understanding the Relationships Among Governments in Florida; • The Florida Ethics Law; and • Understanding "Government-in-the-Sunshine." These topics were selected to provide a comprehensive overview of the critical issues that must be addressed by municipal government officials. It is suggested that participants review their municipal charter, policies and budget to prepare for the classes, and may want to bring these materials along. Speakers will provide hand-outs and resource material. ~er~if6c~ ~mr ~rnltiora A certificate of attendance will be presented within a few weeks of successful completion of the program of study. __~ ~'°t~ ~C3 C~Ct `I Z--`~ , http://www.flcities.com/membership/iemo basic.asp 3/20/2007 Institute for elected MuniclpaL Utticials - ~3asic Yage < ofL Your city's annual budget and CAFR. Questions about forms of government, ch;~rters and intergovernmental relations. Sweater or jacket for comfort. egisra~ion er~d Fees Please note the change in registration fees for 2007. A registration fee of $275 will cover instructional costs, materials, refreshment breaks and lunch on Friday and Sunday. Be sure to note the advance registration deadline, as space will be limited. All checks should be made payable to the respective college attended. For cancellations, written notice must be received by the respective Institute affiliate no later than the advance registration deadline to receive a refund. Back to Top 301 http://www.flcities.com/membership/iemo basic.asp 3/20/2007 ~~ ~~ ~ ~ 3 ~ µ ~ ..:< ;, .; .... CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval for Florida Fish and Agenda No. 0 ~ . Cl Cu ~' Wildlife Boat Testing. Department Origin: (~a7v~,~s~'~-~C.~` ' J Approved f r Submittal by: City Manager Finance Director: City Attorney: ~~ City Clerk: A fr inner Date Submitted: March 21, 2007 For Agenda of: March 28, 2007 Exhibits: Park Use Permit Application and Letters from Florida Fish and Wildlife Conservation Commission Division of Law Enforcement. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Florida Fish and Wildlife Conservation Commission Division of Law Enforcement is seeking Council approval to use Riverview Park South as a staging area for their boat testing days. The testing days are Tuesday and Wednesday June 5 & 6, 2007. The staging area is south of the Splash Pad and west of Indian River Drive in the large grass parking area. They will launch five boats at a time each day from the Yacht Club boat ramp and all testing maneuvers for large boats are out in the ocean. The smaller boats will test in the river. The attached letters outlines the size of boats and type of testing scheduled. They have arranged for security of the boats during the two days. RECOMMENDED ACTION Move to approve the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement to use Riverview Park South as a staging area for 18 boats for their boat testing days on June 5 & 6, 2007. .-----~ I ~®I~ i S~A~iN ~ ~~Rc~, ~~ ~1 ~ 1 ~ N ~~v~.~ t~-~~v~~ ~.~ s ~®®~~ v ~T~t~d~rj ~~ ~P p~Si~ ~~~~~~~P~ ~, ~1~~ t-~ (~~(Z~ S ~ ~ S~~ ~~T ~ I I __ l7w~f':'.C~`~t~r~r vJS: rJ1 ~:i'JF7'"~14".!b~~3 rr5t~u;~; r€~i,t vr~~ ray .~.-.- ROI~~Y BA.k~t~~m~ ~ ~s~,2tirDFt.4 ~'. L"p~ ~~i_:~. ~~~1E1~;~Y°'t~'kl~N~N DAV2t7 x, 1~2E~fiA~N D'Izami. Pntnt ?3eaGh 6Jnc,rpx8sr St„ PatESreburg 1'i.ATI~'`f' $e~.RGC1 RiCEiP3.ftT1,?.. CG1~T~7?TC 33~.Tti S. Y,A,~T,~CON5i~ ~iHCkeonville Tampa Tallahaaaee 'e~1;NT+~ETFI D. FL?.L1D ate, ~xecutire Director '1'TG'T¢R,Y. AEL7 F:Ti, .~aaietaitt rsecutive D'treatnr Mr. ClZris McCarthy Parks cS'L ~~:creatiall Su~~rilxteT~rierlt S~li+asti.au~1, FI~ 3 ~? ~~~ Mdr~~1,~~., ~~'~~~ RE.: Florida Fish diszd ~Vildlifc c~rascr~~atioll ~C~17kCX1755i0"1 ~ciat "~'estirl~ 'av~.'r . 1`vI a C c1l't4Cl y, nra"sSinN olrl.,^~~v F:vFC?acrnzFNT CnLONEL JL?Lif~.' 3UNES~ DItrCC{~Y LT, CO'LO'tiFL DON TfiOLVVAY. Deputy L7irectac LT. Gt~L4N~L ~JJNf MnOALi.TS'CETt, TJepucy Director LT. Gt~Lt~b?I;L i4ffX131~V1N7, Ur.pucy Director i~.fJQy~$8'T]2iJ1~ "PDn {SC~U)2Fg9G42 ~ltiis l~tt~,r is to addr~~s your conccl~is in regard to ~c F~"C I,a~h• ~nforc~~rricrrt boat testing tslat oars are requestitlg to l~ati`e an JT.ir~e ~ - ~. 20Ci7, ~kx4 ~xlajaxity oftestizag will be cc>laductccJ c,~rt izl tkl+~ accarl aid at no time will wd have mc~rc tha.11 fiv+. (~ l beasts rlirlnirlg at a tirn+~. For tll~; sl~allcr ~,~essels «~e would have to rlin in the s-lver. the boat testing will consist of tl three (3) <+~ Lour (~~ rnan cre~,~r ~tt each. ~~essel at o>«e tune. As stated a'~ve, ~~`.; `will 'have no raloxc than fiv W z;5) vessels >,t~at ~arill ~ rt.>.nning at one time. ~n ordyr to check the m~:TleT~verabil~ry ai~1d tl7e laoar~~itag ~~,t'tt1P vessels, tl:l~ vessels will ixlect izp i1i t]ie rsceatl and 4witcls crwws. T;".as ~~ri.ll give the ~1fflccr an i€ica of boarding and l~artdling of the ~~csacls~ T istesi bclo~r arc. th~a tykes cif tc~tin~; a~,~F will. be ~l.c~ing. T have att~cl~ed a copy of the evaluation that ~,~~e wi11 he 115idag ftTr. tkzis tcsti~igo L~rr~ and High spc°,cd n,arlee.l~rcrabilit~- acid haT~~6Jzc~g fop Speed I;1ry z•9se ~L7,1414 StQ? j3 ~Tatrvrlirle carT traris~srxl Vibxati.aal f€~~+ug~a~i eater l~laT.lci:[iTlg c;~0 ~oui1~ ilrEzs'idian ~frC€~~;--T~11aha~sce-. F'L..32~+99-1600 Visit k+/Tyi;w(:.er~}ti ~3 j 7 r ~ ~ ~ ~ ~L c~ ~ ~~; ~.r L7k~1; EtB. ~~ 8_~~-4"14-:_'h~o l~r. Ck;tris N1cCmrtlly l~i~rch 21. 2(!U7 Cage Baal. check (boarding oharacteristica) ~x~strwxl.~nt layout Visibility aboard the vessel Noise L,evei YH~.a~ fJ,:~! Liy i~leas~e lpt ?xie kx~aw of, any other ct~ncert~s tl~~at ~~c~u arc the City ~a~ncil r_za~~ have anal ~ W~:. will be exxore than h..appy to addrf~ss tl:±em. l~ WC Lavs+ 1=.x~forccnacnt rw~ill like to exterc~ an i~avztatiorz to you ~a~d the council mctrzhers if they u~otild like to observe ar ~rartic;ipate in. the testing, V4'e Inc~k forward to iworkr~~ z~vi,tF~ everyone cif Seba,~tiArt. din rely, ~..~~ 3~ar~ Fucich PIar,~~er TT r;~:(; SOUth n~::ri,~ia.n ".iircc: -- i~ali~hu~geC -- F?, .._ 3239?-16Dt'? ~ a it IY[~~F4~'~',carn /zy j FJ3r'L1.~:E1H1? ~s8:fl~' 85Q-d'14-•2~::'~3 F(-&!~it_C Prt(aE 34'Ik~9 ~'~ur~d~ dash ~.~d '~~~ilife ~a~~~l~~t~~~i c~r~~s~~a~ln M+.+'~'Zp ~L! i' LJPdS.LwA.J.'S A i'6J1~1 v ~~ _ ~~?'~ ~~) )E~~LA~S ~~~-_ t~I:~11+44~4~U?~ ~J ~I~~LI~ JE?W~~1~°JE ~'j `~'i~11~ El~'~t:1Y~ ~] ~~t~ a~ ~+:~valutatiana ~ea~ - 3' ar l~~s ~°~'ea ^ l~io '~''~aads ~-1<14 I~a~ ar L~es~ ~~~s ~J lea (Nate: ~.ll testy ~h~ta b+~ ~ataduc~es~ ~s3n~ t~~ 6`tclll ~s~it~:.la". Written comments shau.ld be rz~sde by the Qperat~r can each tcst compcazea~t +~f t1~e ev~luataca~.) ._..~. _.._------- -----~ _ .,....Y... -- --- 1t~~:L~4"V ~- ~ ~~I141~'S 1~~~~~~~ = ~ o ~c~rlv~~~ l . ~l~ile c4tiad-sr~-thee-~~w+ater, the boat should nag "weather crane"" w'h~ it i~ a~r~arr~. tc~ a wind of 1 ~ ~vi~l-1 or less. ~calrn v~rater test} SC~J]&~ ~'Cy1l~'~J~1~ 141'E'S: ~. e ha~at sl~;all not list rr4~sre than 15 de~r~eu, w~~r an iz~~.a~~idaial w~ei,itt,~ 24U poc~zzds or 1~sS, star~ds~ cn c beat's ~unw~ie acljac~nt to +~he cansolc S~ClI~ ~~1~r~~4l:4jlY7C~: ~. Voile the twat i:~ opeting at a ianvard speed o"5 rnph, the ~z~~ir~~s 4~~z11 be placed ira dull tl'grc~ttPc~ i°~verse .i~r fo~zr ~4} s~con~s, Aray= r~+~ultir~g hac~kv~a~l~ aver the tr~,n~orrs shall, rapt be c~cessive, ~~€~ Page i t~~ ~i Ll~`ITIALS: ,,_ , .. 31 5 ~` E~:?;~i'.L/ ~c~~dJ' ( 47N: 4;?'.c'. 't]3~~-414'-:'h~.!h I'1',x:~.t~l_~~_ 1'filat Ci=~f ~:J7 CVltd~~1\ 147: ~,, ~dhi.le bung powered by two en~inas, the bc~a~t sr~a.ll ~o from dead-i~,-the-water to ~ pl~.e in three (3) seconds car less SC~~.iE CC)Ml~ilul~'TS: 5, Vv~il~; being porv~red bg~ one engine, the beat shall gv fr®rn dead-in~the-water to n plane. (~"he engine not being used sha11 be nn a raised ar tiSted position. No maxiAnum tirxae Sirnit for r'ea~hirag a plane is unposed} ~CUI!~ CC)h~IM[1~1~dTS: ~. T'he bast shall achieve a spud of ti0 mpl~ or more, dvitlg ttiv~a pexsoras part boarr~ and ~ tninirr~um of 110 fall©tvs of z~~el at~d frill ~on7plirnent of st~rtdard equipiner~t. :~C:[91~E, 7. ``hale at ;full throttle, with the operator, attempting to steer the boat in ~ straight line, the boat shall not: ~~;~~.]E ~~, cl~itre w~,llf Page ? cif ~ INITIA.~S: 1 3~) 1~3~'1~+/2E~~~ 1~:t1~ 85~-~12~-~'h'~8 FF-8;l~iCC P~~.~E ~'<!~13 ~Y.,~R~.D~. F'I~~~..~I~TD TLD~~~'~, C~3~FI~.~A~'~~~ ~C)I:SS~~II~i Rt?D1YEY BARPiB7'~1 S.~NIfR..4 T. Fi;AAL3~'E Ei.A "I3[Elid~'Y" ftU"FFY1+iE1.'J I3FeYID °si;. ~~E,EI;.AN Miaxos Yg1m ~#,ach E~terQri~e St, PetexaburR I{t1THY B~iCO RXCT~A.RD a~. Ct~1tBET`C 13I2LAN S. ~It113IAN9Sirf «7~cksonvi~llle mampa 'Ta1ldi~assce KF'Id1~'~TH D. f•LhDDA7?: T;xrcvflivc Director Vf1'~'['OR .f. riELLDrr, :~eistt5nt Fxocutive Director IVIr. ClzJ°is l'~!icCat-thy Farks ~ Re~:reation Srxpef~intendetlt Sebastian, ~L 32958 S~ar~h 3.~4, 207 lam: Florida. Fish. ~znd ~ilsllife Cc~nser~°atinr~ t/c~rszmissic~r 13r~at Testing dir. Y~•ic~;artlay: DTZTSION 01' Lk'~W ?:NFL RG1WIvTLNT CCSLONlJL JC~I.Ir .TQNF6, Dirertar L'C. CQLUNPI, T)ON 3{C~I,WAY, Uenuty. Director T,T, C01A!+TEL.fIN112cCAT,T.,TS'C'Ert. Depute Dir¢atrn T.."f, C(iLOV'EL MTN.)v WTPr'1..Deputf° birector t~GnfaAfl-e2r,.ti.'1"DD (.:~~5~?aAa-~r,.~2 The :Florida Fish and ~Tild~life Co~.rerdatian Cotctmissiord ~F~1~':}, Di~~i:~iora ar T.,arv l/nf+~r~;~ment holds an a.rizaT.tal ~atrcfl b+~at evalx~ation, prior to the p~.r~whdse o~'vessels. The Division of La~v l=nfortrcmt;nt hc~l.ds dais testing i,tt arder to evaluate vessels to erzs~~ze they are suita#~le fc~r the. tyke of work we do. 'The testing will .also give the atfdcers in the ~e1d an ap~+ortunity to sec haw vessels handy and. marr:(euvers in certain conditions for the different regions that we patrol. a.nd preserve. The pracess i~eg;an r~vitlt the P,/liarTU Boat Shaw where a ,~`aup of c~fftcers viewed tl~;v vessels and decided. ~~°hich vessels tl,~ey thou,gltt woult~l n'lect our needs. ~nc~ the list lvtad 1~eezz caxrApiled, invitations were then sent to tlz~ v~std~ars re~>sest~.g certain vessels. F~VC' then. sets aside two (2} days for testing of these vessels. 4~'e try to bald the te~tiT`sg ire a central location that 4vill be suttaS~le to atl panties involved. F~~%C feels that Sebastian, FL, will provic°le the cnvirotYrnent we tzecd in order to see ho~v the vessels wi'l. Handle. The t~Sting will be brcke:~ da~~m ir~tc, z twc~ ~;~} day even*. The first da} vviil cc~nsrst ~f 17' to ~l' vessels. The secoxzd .lay will. rc?>~sist. c~F'?1' to 32' vessels_ lay breaking tl~~ te;~tit7g issto two different days it cc~ntrt~ls the traftic ore c water anal,. does not create pr~~blcrr~.s for the site where we. test. Ali. of tk~e ve`s5~'15 being tesied wsll nat hive la~~' ~°zffc~zcenaer~.t rfiarlcin.gs so, generally, no la~w• criforcenaent action varili be cakcrT da~~ing the testing, tanless extre~t~e to life or pra~ierty. FV~'~C• will have a~praxyr~ately 25 r~ffic;ers and eighteen (t ~) ~eczdc.~rs ~tkzaz will b~: in N°a4 area for the testing. Arr~.x~gements l?~.v,;: been made tivit'~a a local hvtcl for t©dgirzg anal security ofthe vessels that are being supplied. f~0 5r,uth ~tcrdian'3rrct-• TaCfah:s.~;sLe -• F'1. •- 3239-16110 Visit 141yF'1uC,ccs!n C3 i ~93r:1..~1^p~'•7 1:3:40 857-414--~62F~ FF~,i.p~t_ t-'~-1ta~ b..'f~t~ fir. C::ahris :~~TeCarct~.y Parka ~:. ~,.e~xeatian. ~u~~rinten~~nt ~eba,5ti~.n, ~~, 3~~St3 L~a~ge 2 "Vv ~ ire leaking at June ~~6, ~'U~y7 for tie tv~~~ d~,y tcstirl~. FWC, Division of L:a+~; Enforccmient is re~z~.tstir,~ ~e nee~ss~ry ~~:zxx~its ~'cjr tii~is testing. iue lack ~'o~'ar~ to working with the pao~l~ of ~rbastiann. zra our encl~a~~or. ~ir~c~rely, l 3e~n Fucich Pi~~rer SS 67,U So+~Gl Nlgrtdia~ 5[rcc~ _. T~~lI~'has3rs: d. FL -- 3'399-I (00 ,~ ~~ !?J/ LCJ! L.,7~:~f 1~.3: LV 6J~J-~-F14-LGLO r'I'&'.H'~1'~ h'HIaG ULJ U.3 Q.~'Qf _ ~ ~~ ' Mw, "M iz~S Mtain Strset, S~bastlan, ~l 3~5~8 Telephone ~772~a89.5~39 ~ Fax (77')589-557E1 CITY ~~ SF~~9S'TTAN PAR~C' 1P5~ ~'E~~l~l r~#~PL ICA rItIN ~nrk ~ve~,t - SO t4 dab ~ktemdegs SSO.~iO AQ~t9rat3onf~~rnit Fey P1.ease chsack 'the appropriate 8mx: or ~pzc~a~ 1E~veot - SOT or ~-xare At4endaea $1t30.~b A.ppdieatiox~ Fee ~a±~: /fib i~ N~~ne of Permittee:v~..~9,_ .h~ 'Permits M~~ Ohly Q~ is~;;ues1 in tht Plume of wn AdC1reS9; i~ a i l i s7 g Aa d r Q s 1; ~c.~--~.~ Teleph~tCi~;~w~ _~^ Name 4'F organi2aS'ic~n or tgroup: RB~SU!1 for ~~~: Requested bat:2( ~~ '~ or t,ega Y .rgnnt z~a "~ ~ `~ ~.....r. :.~. ~ ral '~GcJ~ ~~~~~ Rain bate: Time of Use; Frlrs~' g~r r._,~.^~9?~ Yo: ~ ~~C3 wilt fdere b~ ~ariy sa~.~ of ~ootls7 Yes -- _- Na_ ~-~"'" ~f yes p'ieas~ ~ie~cribe Cype Df gr~Dds ot~ back. >=r~~d tar other type rsf vend,ors:~ ~`~s_-- - No Tf' yes, pleases tilt name. acidre~gs and type ~f vendors and schtma,tic of dny struCtur~s ro be er~cved or otherwise as~e~mbl~d Dn baC~k:~ ~. . ,~~ _,.___.~...~.....__________„„„„ "the i,irt~iersi~n~d, aCKnocvl.ed~,e fiha1; I am the applitaatt ;ar i:dte authorized a~~nt of the ap~rliCarat, T further aCknD~rLeei~e 'Chaff; a am at~ar°~ bf the provisions aP the City pf 5ehal~tian Cadet' in respect. t~ tttis ~pp'sdation and the use 4f the C41~y 1=acilit~es for wt~iCh i have a~pl,ied i'c`ar a permit; tp a1,tow a park Event or a Speeial Ev?n?', I have made myself familjar wit;7 the general rutez a d reo prescribed by Che' City ar~d egreF° to the 7:e; ms ar= the ~aermiC. *r, - --- - .-' Of Pi ce iise Only; ~ A~pl. ant„iAg~nt 5ignart~re ...Dote ~~~ iniri~l5 ~, t~~/L`:1?'?k7klr' L:i:'vp~ ~s7F?"~1~4-Lb~?s rt-c~Va~~~, Y'ri'~aC. ri.3/ ~i~ P~wk~ Ap~ttic~~i~~i Cantirtu~d - 1'f €t~t~~d'Gr~tS Litt ar~u vendor ini'orreat~°fon ~ndlcer ~,ehemahir~ rrn this ea~~. .r~iJre ~ ~.~~n~ .~~~. 1 ~~~~~._ ~ _~ _ 5~~~~n~ti c ; ~~ F~~~ ~`~ i~ l',-~,~-~ ,~ ~o ~' ~~ ,__~ __~ - ~ --~ s' ~~~t1E ~~' ~~lt ESLRf^33 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase of Radio Equipment for Agenda No. ~~' ~ l C- ~ c~ , Police Dispatch Center Department Origin: Police Dept. Approve r Submittal by: City Manager Finance Director:_~~~,,c City Attorney: ` City Clerk• - ~'`~- r d Minner Date Submitted: March 21, 2007 For Agenda of: March 28, 2007 Ezhibits: Quotation from Communications International Inc. Vero Beach, FL 32962 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $85,103.75 $85,000.00 $103.75 SUMMARY The police department is requesting to purchase a new radio console and related equipment to upgrade our dispatch center. We are currently working with a single radio console and a back-up radio that is no longer operational. The new console will insure redundancy in our system and allow two dispatchers to work at the same time, both with the advantage of having access to our computer-aided dispatch program. Even when the older radio back-up system was working, the second dispatcher did not have access to the computerized programs. The related equipment is necessary in light of preparations to implement our new E-911 system. These are not items that we can put out for bid. All of the radio dispatch consoles in the countywide radio system are under the control of the County EMS Coordinator. The type of radio, the source of purchase and the support service contract is determined by that position to insure compatibility. The coordinator, john King has authorized our purchase of the additional console and has agreed to maintain a service contract on the equipment. This proposed expenditure was planned for in our current budget as a capital improvement project and funded by the Discretionary Sales Tax fund with an expected approximate expenditure of $85,000. RECOMMENDED ACTION 't,.~.c'-~S Authorize the expenditure of $85,103.75 to Communications International Inc. for the purchase of a dispatch radio console, aback-up radio and related equipment and services for the police department dispatch center. , I ~'~, `'C (~I l ZC~ OMIVIUNICATIONS ~ INTERNATIONAL, INC. 4450 US Hwy 1 Vero Beach, FL 32962 Voice: 772.978.4117 Fax: 772.567.2292 Bill ro City of Sebastian 1225 Main Street Sebastian, FL, 32958 USA QUOTATION Page Date 1/1 1!29/2007 Quote Number QTE7000161 site Sebastian, City of -Police Department 1225 Main Street Sebastian, FL, 32958 772-589-5233 Contact Voice: Fax: Site Number Description Salesperson Customer Reference SE6100PD Guy Stevens Description i Quantity I Unit Amount Discount Total i Dispatch Center Equipment ~ MAESTRO CONSOLE PACKAGE - C3 Maestro Console ~ 1.00 ~ 60,640.75 0.00 60,640.75 package ~ 17" Monitor, UPS, Dual Foot Switch, 6-wire Jack EAE, 4 Speakers rack mnt, IMC Cards, Mux cards ~ M/A-Com Licensing ' Installation, PM and Engineering NETCLOCK PACKAGE - Spectracom GP931-OCXO, 1.00 ~ 7,550.00 0.00 7,550.00 Command Center Package (1) NetClock/GPS Master Clock Model 9283 with Opt 05 i, OCXO Oscillator for GPS Back-up i (1) GPS Antenna Model 8225, (1)GPS Ant Surge Protector Model 8226, (1) Low Loss 100' Antenna Cable CAL7100 (1) TimeView 400 Display Clock, (2) TimeTaps Model 8179T ' I (1) 100' RS-485 Station Cable CW04100, (1) Installation BACKUP RADIO - M7100 for console Backup 1.00 8,502.25 0.00 8,502.25 M/A-Com M7100 mobile radio Power supply, Coax, antenna and connecters ' '~ Installation, Eng and PM BRATS -Backup radio to console headset interface 1.00 ~ 4,715.25 0.00 4,715.25 Headset Interface, Installation, PM and Eng. j REWIRE EXISTING -Rewire console. redeploy MUX and ~ 1.00 ~~ 3,695.50 0.00 3,695.50 wire LRIM i ~ Install Mux shelf, Rewire existing consoles , move mux and rewire, Rewire microwave Wire LRIM connections, PM and engineering ~ i ~~ Services 0.00 Prices quoted are valid for (30) Days from Document Date. l Items 85,103.75 A l orders are subject to shipping & handling charges. All warranties are manufacture's warranties S/Total 85,103.75 . Less Discount 0.00 Less Cover 0.00 Plus Tax Total Due (USD) By signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to Communications Int'I. Ines Terms and Conditions of Sale Service and Technical Support. 0.00 ~\ 85,103.75 be bound by CITY OF SEBASTIAN PURCHASING EYTRAORDINARY PROCUREMENT CERTIFICATE DATE: ,.:~/ .~~ i T0: PURCHASING DEPARTMENT FROM: - ~///J7~.5 ~ ~~~Ir~s DEPARTMENT: ~I.C%/~ \~~G~f ~/L%~~,~~_./YT TYPE OF PROCUREMENT: SINGLE SOURCE ~ EMERGENCY p ITEMS OR SERVICES REQUIRED: ~ /'~/s~~~-G-y ,C~~~/~pp~~~~' PROPOSED VENDOR: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: ERTIFI A77ONOFAYAII.ABILITY/NECESSITY Ihereby certify that I have thoroughly reviewed the fads and circumstances of this requested purchase and that (1) the supplier of the goodslservicss requested is the sok source supplier, or (2) the Department has an urgent need, on an emergency basis, for the purchase of the goodslservices and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good !services would not be in the public's best interest and would be detrimental to the City. I also certify that~this request is in full compliance with the City of Sebastian Purchasing Ordinance. ~~ ~,^,~ Head Approved: -- ~ A:Form2.wpd ~~ 9112196 i Date: `~,J l~lonth Day Year 3-Z2~T Purzhasing _~_ ' -- f CITY OF SEBASTIAN AC;ENDA TRANSMITTAL Subject: Citizens Budget Review Advisory Agenda No. L.> ~- ~-' 7 Committee Appr ved or Submittal by: City Manager Department Origi~ Cit Clerk City Attorney: City Clerk: Date Submitted: 3/20/07 A n For Agenda of: 3/28/07 Exhibits: Information, List EXPENDITURE REQUIRED: AMOUNT AVAILABLE IN APPROPRIATION BUDGET: RE(~UIRED: SUMnAARY This item is provided for information only. See Information attached relative to the Citizens Budget Review Advisory Board and appointments that will need to be made on April 11~'. Individual appointments will need to be made by Mayor Coy, \lice-Mayor Neglia, Ms. Simchick and Mr. Wolff, and two at-large appointments will need to be made by Council as a body. All appointees must be City residents. Individual appointees should b® advised to submit an committee application for the record by April 4~'. ~~' ~,.~ f ~,, 1 is Citizens Budcet Review Advisory Board Sec. 2-221. There is hereby established a Citizens' Budget Review Advisory Board. The Board shall be composed of seven residents of the City. Sec. 2-222. The Board shall assist in the Cites budget review process and shall make recommendations to the City Council prior to the first budget hearing for each fiscal year. In order to effectively advise the City Council, the Board shall become familiar with the Cites budget process and shall review the City's proposed budget and all reports submitted by City staff concerning the proposed budget. Sec. 2-223. The City Manager or his designee shall be an ex officio member of the Boani and shall provide the Board with all financial documents and materials, which reasonably relate to the budget advisory responsibilities of the Board. Each City Council member shall appoint one member of the initial board, and each initial member's term shall end at the same time as the teen of the council member making the appointment The City Council shall appoint two additional members, who will serve until the next election. Thereafter, each newly elected or re-elected City Council member shall, at the first regular meeting after taking o#fice, appoint one board member, who shall serve for a two-year term. The City Council, at the first regular meeting after each election, shalt appoint two additional board members, who shall serve for one year tenors. ---..,~ ~1;? -. CITIZENS Bl9DGET REVIEW ADVISORY B®ARD The Citizens Budget Advisory Review Board is comprised of 7 members, 5 of who are individual Council appointees, and 2 of who are appointed by Counci( at-large. The 5 members appointed by Council serve the same $erm two-year term as the Council member who appointed them and the 2 at-large members serve one year until the next election. MEMBER NAME AND APPOINTED BY TERM ADDRESS Adrina Davis Council Member Coy 4/2005 -term to ex ire at p 668 Benedictine Terrace the end of Coy's term in Sebastian, FL 32958 2007 589-2408 Councilmember Neglia 4/2006- term to expire at the end of Neglia's term in 2008 Thomas Burke Councilmember Paternoster 4/2006 -term to expire at 181 Dickens Avenue the end of Paternoster's term Sebastian, FL 32958 in 2008 228-9807 Council Member Simchick 4/2007 -term to expire at the end of Simchick's term in 2009 Council Member Wolff 4/2007 -term to expire at the end of Simchick's term in 2009 At-large Member 412007 - 4/2008 At-large Member 4/2007 - 4/2008 City Manager is an ex-officio Member ~~ , cnY cn T~ ~~ ~.`- 7--OPr3E C}F PELtCAt'J 95IAPV® C~tv of 5edastian, r-ioriaa Subject: Second reading and Public Hearing of Ordinance 0-07-O1; petition for Voluntary Annexation by Vero Mini Storage, LLC for a 3.87-acre parcel of land located at 9707 U.S.1 App ov r Submittal by: City Manager Al inn r Agenda No. ~ ~ ~ (~ ~- Department Origin: Growth Mana e Purchasing/Contracting: Finance Director• City Attorney: City Clerk• Date Submitted: March 20, 2007 For Agenda of: March 28, 2007 Exhibits: Ordinance No. 0-07-01, Letter of request, Location map, Chapter 171.044 F.S., Survey EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 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/I) 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 Hold public hearing. "Move to approve Ordinance No. 0-07-01. C~i ~~ .-~ ~~ ~~ v ~~ ~~ ~ 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 SEBASTL~N, 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. -- ~~.~ ~ ~ ,~~' Section 4. CONFLICT. All ordinances or parts of ordinances in conflict This Ordinance shall become effective foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. immediately upon its adoption. The 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 Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney GJz I EXHIBIT "A" DESCRIPTION PARCEL f' THAT PORTION OF THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED 1N OFFICIAL RECORD BOOK {4D1. PAGE 2456 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. THE SOUTH (65 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST I/4 OF~THE NORTHEAST•I~/4 OF SECTION 20. TOWNSH{P 31 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA. LYING WEST,OF US HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS; FOR A POINT OF BEGINNING BEGIN AT THE SOUTHWEST CORNER OF THE SOUTH It2 OF THE SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SAIp 5ECT10N,2D: THENCE RUN NORTH 165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE YIEST RIGHT OF .WAY LINE OF U5 HIGHWAY 1: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE. A DISTANCE of !83.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LESS RIGHT of WAY OF THE FLORIDA EAST COAST RAILWAY AND AL50 LESS THE RIGHT OF WAY FOR - US HIGHWAY I AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED•BOOK Ili. 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 LfNE DESCRIBED IN THAT CERTAIN BOUNDARY l,1NE AGREEMENT A5 RECORDED IN ' OFFICIAL RECORD BOOK 1401. PAGE 2455 OF,7HE PUBLIC RECORDS OF INDIAN RIVER ' .COUNTY. FLORIDA. •THE SOUTH 165 FEET OF THE SOUTH I/2 OF.TNE~SOUTHEAST 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 1, MORE PARTICULARLY DESCRIBED A5 FOLLOWS: FOR A POINT.OF BEGINNING BEGIN AT THE 50UTHWE31' CORNER OF THE SOUTH 1/2 OF THE SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SAID SECTION 20: THENCE RUN NORYH 165,00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST•RIGHT DF WAY LINE OF US HIGHWAY 1: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, A DISTANCE - OF fB3.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LE5$ RIGHT OF WAY OF. THE FLORIDA EAST COAST RAILWAY AND AL50.LES$ TNfi RIGHT OF WAY FOR U5 HIGHWAY I~ AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK III. PAGE ..,,~ ' 495 OF~THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. 3 1 ~ ~~i B ~ CONSULTING ENGINEERING MOIA BOWLES VILLAMIZAR & ASSOCIATES ~/Iay 5, 2006 P/Is. Dorrie Bosworth ~a Facsimile City cif Sebastian 225 ivlain Street Sebastian, FL. 32958 RE: 9707 Retail Center Tax LD. # 31-39-20-00000-1000-00018.0 Indian River County, Florida Engineer's Project Number: 06-1059 f)~:ar h'Is. Bosworthx: :Tease accept this letter as a formal request to have the above captioned property ar,?~~xcc'~ i~::.ta t'~__.; City anal. a land use adopted. ~Ie request that this project be heard at the ne;~t avail.;:.ble, s~la--s_-; a;.7d zo}ing meeting. _ . I tharil{ yoga izi advance for .your time and judgment in tr~is matter. Should ye~3 ?~a;-~~ ;,} _ T~•':?-,,,, i:l!E.Sti~ns regarding the above subject, please call me at 321-253-1510. %`~<.; ~.,i .; ' ' iy yours, ~c~ y CamErc ,Engineering Technician ~/ cc: i~Ix. Charlie Block ..~; C5N 2455 -:14th Avenue Vero Beach, Florida 32960 Phone (772) 569-0035 Fax (772) 778-3617 The Boulevard Professional Center 1600 W. Eau Gallie Blvd., Suite 203 Melbourne, Florida 32935 Phone (321) 253-1510 Fax (321) 253-0911 E-mail: mbveng@mbveng.com f~ - ~~ I GOV. LOT 5 s IIpD ~ I 49.tl AC ~ GOV. ~ ~ 266 AD o ~ ~ GOV. LOT 6 gb WHISPERING ~ PALMS 1 PB6 ac MOBILE s VILLAGE ~. > _ _ s^a '£ t, ;~,. ` ~= 700 110 . far 's, ?< 7 ]w u 1051 8 ~ ~ WHISPERING (ASS6~D 17-31-39) _ - _-_~---° ~;' ~~ ~ ~ ~~ PALMS .~ .. 'ate ~._ ~'S MOBILE ,u..~,a1K (A p~ ~'~~~ , VILLAGE ~ IIve" i { ~5_ ~; i TOO 3 'w' O~ F '~ x K w ~c /~ t L£ ~% p N y ew~ ~ ~ ~ ~_=~~~p ~~ ~ ~K N is j ~ ~, NAm ~°~' 1 TM srR~'"` ...1~ vKtans ~~ ~~ ` '°°l. b<`~ WAY ~& ~ w.a ~~. 1 x ~`` ~ ~O ~~ o ~ ~~ ~~ i. viw z e <ei ~ a, ~~ .. year, K r e - m ~ m ~ ax..c 1 ~~ 'i a'£r~ w~ n n' ~v, ~ ~ eew ~ es za t D a m n .>e r a. - a r m '~+. t<W • t~ .may nu '~~. - , IA t t w zo? .~ n ea ee ~ ~ IsE ue ;;~~ ~,7 .~,+<'.. $ ~ 1 - - i e e a 1 i e nw ~r u,a~n ~ w EfTEbd ` ~ y, mb .e roE ~~ m ~ ee m ~ ~*~g i'y_ c / . G ~.+ 9.L zee ~P°.r 4ae" 9 ~ ~ Vµ~~G~i r _~ +: . - _. O w e >w v~a~ .. _ ~- a. k x-; cam,. ~ - F.., .....w_....., ... .> „~... ~ • sny-~ ~ y f sae.lsn att nuns' ..~.___., '~ ~ - d' ,; e ~ ~ T 00 ~...wa 14 1t H e m b. ~ e oot rt f p ~ ~ W v: i sxea r 1 w la ie ie u i z u 'o i~ i' ~ ~•.~y a e c >. ~~ a ~ L e ~. ° ~ '~ € a ~$~ .. ~ ~~~ 4 a,,-~ "~ c ~,. to ,!Q SEBASTIAN HIGHLANDS UMT t7 ~ $°i~Kw ~~"~, ,a~ ~~' ~`~.r~~ y ~ ' ~b~ ~yy,~ PUBLIX WDIAN $RIVER SUB ~ ~3~ ~ p ~ +r'' ;._~ artdE ,~ ~. +~ ~ 3 ea~ce `~~ k~ raA w-oe ~' sx.n Le to ter. - 1. ASSESSED 3 $ 39 p e ` yr _... ,y...«..:..,.~ i '' 3 £ ~ xA ~ s zn .e '` .+ ~`^'e \ ~ (i ~ -~ ~ i PALM LAKE CLUB hl~ 4j I n ~ s a 4~~~~ m 'S i „a y~ a. ,a,~ ?~ 3 PHASE I SU8 c t rz z '+ ,,,/' G~ a :~ 3i ° ~ ~ ~~ same eu+ m y t i , y ... ~~ r.,o.. " iR~ ~ ~ , 6Tiek e,ur_m L A K E ~ ~' ~ ' e~ y 7 n ~ e isa "' /SSSS]N 11-lt-]9 e' , ~, - ~ ~ ~---~ a 1''~ ~ r ~ ,~ _~. , ~ _ ~ ~ a ~ ~~ u ~~~ ~ PALM LAKE CLUB ~~ ~ nM ~ t i ~ ~ ° ~ L R:;,,~'~''`~"''9f€ ~~,~' : "3ua ~1 .. `. ~ PHASE II SUB ~ ~' ~ (. ,aa n rx~cr 'x 7 . ~~ k ~.~. ~ ~ r a . W ~. :.%z ~ to ~ " e - j\~a C C,G ee t '{1~'±~" .z~s'e~a 6n ~~€. 12 t: Q~\C,P ~...,<, f '~ a u 1 1 e 7 ~' ~...o,m.) x 1 iu i '~ ° i] # 0~ zn zc r cb E t (~~.:. z to :te. ~ ~ St ~ ~ at v-~<" ~ E mw ~ 13 : r _,+ '~ PARK PI A(:F MORII F HOME PARK '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 governing 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 by 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. 1B, ch. 90-279; s. 16, ch. 98-176. /J~~ ~.....o tlrr or ...-~ ~ ->~~~~~_r~' ~_~ t5arviE ar„rE~.l~ is~.a:~an of Sebastian, Florida Subject: Second Reading and Public Hearing for Ordinance 0-07-02; land use amendment fora 3.87-acre parcel of land located at 9707 U.S.1 Submittal by: City Manager Agenda No.U~ ~ ~ `~- Department Origin: Growth Management Purchasing/Contracting: Finance Director: City Attorney: City Clerk• Al n r Date Submitted: March 20, 2007 For Agenda of: March 28, 2007 Exhibits: Ordinance No. 0-07-02, Location Map, Staff Report, P&Z recommendation, Application. EXPENDITURE REQUIRED: ~ AMOUNT BUDGETED: I 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 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 Hold public hearing. "Move to approve Ordinance No. 0-07-02." 5~~ ---,,\ ~G t D i 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 CI T Y OF SEBASTIAN, IIV-DIA1~T Rl-VER CO Uhl I 1 Y, FLORIDA, as follows: 5`i 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 Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff and, upon being put to a _-__~ n 1 ~U 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 Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney v_I , EXHIBIT "A" DESCRIPTEON PARCEL 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 RECORDS OF INDIAN RIVER COUNTY. FLORIDA. THE 50UTH 165 FEET OF THE SOUTH I/2 OF THE SOUTHEAST II4 OF~THE NORTHEAST_I~/4 OF SECTION 20. TOWNSHIP 31 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY. FL-ORIDA. LYING WEST.4F US HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS; FOR A POINT OF BEGINNING BEGIN AT THE 50UTHWES7 CORNER OF THE SOUTH I/2 OF THE SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SAIp SECT10N,20: THENCE RUN NORTH 165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST. RIGHT OF .WAY LINE OF U5 HIGHWAY I: THENCE 50UTHEASTERLY ALONG SAID RIGHT OF WAY LINE, A pISTANCE OF !83.72 FEET: THENCE WEST 1188.00 FEET TO THE P-DINT OF BEGINNING, LESS RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND A150 LESS THE RIGHT OF WAY FOR - US HIGHWAY i AS RECORDED IN DEED BOOK 107, PAGE 331 AND DEED•BOOK II(. PAGE 495 OF TH6 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 IN OFFICIAL RECORD BOOK 1401. PAGE 2456 OF. THE PUBLIC RECORDS OF INDIAN RIVER .COUNTY. FLORIDA. •THE 50UTH 165 FEET OF THE SOUTH I/2 OF.TNE•SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SECTION 20 ,-TOWNSHIP 3f SOUTH. .RANGE 39 EAST. INDIAN RIVER COUNTY. FLDRIDA. LYING WEST OF U5 HIGHWAY I, MORE PARTICULARLY DESCRIBED A5 FOLLDWS: FOR A POINT.OF BEGINNING BEGIN AT THE 50UTHWEST CORNER OF THE 50UTH 1/2 OF '• THE SOUTHEAST 1/4 OF THE NORTHEAST I/4 OF SAID SECTION 20: THENCE RUN NORTH Ib5,00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST-RIGHT OF WAY LINE of U5 HIGHWAY I: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE. A DISTANCE - OF fB3.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LE5;; RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO.LESR THE RIGHT OF WAY FOR U5 HIGHWAY I A5 RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK III. PAGE ..,,~ 495 OF-THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. ~~ ^~ ~~ _rl I ,~ 9~ ~ GOV. LOT ~/ 49.11 AC o I ~ ~ Fl GOV. ~ ~ 266gC o ~ ~ GOV. LOT 6 Qb WHISPERING ~ PALMS I >~ p86 Ac MOBILE VILLAGE ~. T00 I zo rl LI ID52 f f ~3 .c _.... _._.. . WHISPERING (ASSESSED 17-31-39) r --~_~ ~ °- 1 Stb ~ a.`--~ PALMS o~", ~~ ~ "` ° MO81lE » ~ ^nk ,~:~~ G °' VILLAGE ~ II00 " T00 ~~ ~,,~~~ I p y ~~ ~ T~ ~ ~,yfi ~~ ~~ ^~ ~.~ ~>ti a .~~ ~~:, A Ll.tili^~. ~ P0~- _3iH S~f::~ 1'. ~~ Y~ acM weY - ~ '°° "° ~,~ ~ ~ ~O r ~ ~ ~ ~,~ vm K ~ F ~` u~ u `~Yf~ N u ~..b x~l~ ..I ~.34'~ P 0 ,F' ~ ~ ~ 1 ;, TR a ~ a s ~~ m G n'M u~~< (n r e.ca a ea' '~ \ I ~~ ~.,E ITES .: •c ~L e- s. _ -- ~,~, ~ °;~ ma a ~ E qt ^3 o u n ~'~ ~e. 1 is ~~^t-uu. [fi). ~,,; ~ Su P~J' ~ G"T" ~ '' a , .. .,~ d 0 ~..- ,..• ... ~hhA IIA;~'. L IC.-. 38BASt1A[. Ci Y~ L.L. ~ ! " •• ~ .~ •c.. uu~ ~ ~ ee an N ~ t iM~t Y L `, E Q SEBASTIAN HIGHLANDS UMT 17 - ~ ~~~~~e~l _ ~_ . PUBLIX INL~AN RVVER SUB :: a P8} 10-06 .. j I _i rr ASSESSED ;~9=3}139 k ' n _ ~,c le n `-~ _e y O .' ,~ PALM LAKE CLUE ~ ~ o ~ °n ~, ~ PHASE I SUB m G r„ cl ` ~ - - - - - - - - - - - ~ cl L A K E ~~ '~~~ nl6 _ _ 1 ' - ~~ ~~ w.~ 1 ~ tm. u~ ~; .imssm z1-n-6s 16I ~~~ ~ ~ ~ ~ .~ -z , !'~~^~ ~ 7... ° " " PALM LAKE CLUB ~~ - PHASE II SUB ., ~ ~, ~. ~ s ~., 1-.. ,. ,`:. m -B, s rr,~ ~ " . ... ~ .. e c ~ ilcASURE" "., ,. CiRC1E EI ld ] 1~ 11 ~ ~~ s II Q~•v m ~ _ \GPZ~ON s le St. 0 ~ ~. ~ ' °r e - 1 ~` la w ~ „ ou ~~x~ G(~P PARK PLACE~OB~LE HOME PARK mK t~ ~ eL arr o~ -,.... ~~, ~: ,.- I10ME Of PELIi'Atd 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 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 7. Project Surveyor: 8. Project Description David Jones 3899 39th Square Vero Beach, Florida 32960 (772) 567-9875 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) ~legetation: 3.87 acres 12 mobile homes and 13 cottages palms, oaks, pines, pepper trees carrissa plum (5) Flood Hazard: X 2 _. ___.,, /^ ~ ~~ Cli -`'; 9. 10 11. 12 ~~l (6) Water Service (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Future Land Use: Current: Requested Private well On-site septic system 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. Policy 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." Policy 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. 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. 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 G~ ~ ' 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. P E ARED BY l~ ~ 2- (v -4Co 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. (~~C.~~ ~(J ` .i' 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 The vote was 7-O. Motion passed unanimously. Mr. Buchanan yes Mr. Paul yes Mr. Oakes yes 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 I'dEMBERS 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 215`. 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 l V ) existing grade. The other issue is to implement a 100 Ft. buffer similar to the county ~~ u J 2 City of Sebastian ' beveloprn®nt Order Application Applicant ((f no# owner, written autF-Qrizatlon (n~ Name: VERO MINE, LLC Address: PO BOX 1206 VERO BEACH. FL 32961 Mail: Permd APP~GdtiOn No. .m ownor-is required m ber: l 772-5R7-71 ~~- COMPR~IiENSEVE PLAN AMMENDMENT PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YUU ARE REQUESTING, CpPIES OF A~1, MAPS, SURVEYS, DRAWINGS, ETC. SHALT. BE ATTACHED ANG 8 1J2" x 11" COPIES OF ANY ATTACHMENTS SHALL BE 1NCI.Ui7ED. ATTACH THE APPROPRIATE SUPPI,I;MENTAL INFORMATION Fp•7M: A, Project's Name (If applicable); 9707 RETAIL CEN7"ER f3. Site Information - Address: 97p7' U$ F1WY. 1 Sebastian ~L. ~2SS8 Lot: 131ock: Unit: • Subdivision: Indian Riv~ar County Parcel # : 81-39-20-00000~10pD~ x00018.0 Zoning Classification: Future Lar1d Use: CG Cl Exis#ing Use: /~. ~~.~ j L(~„ f-~O/>n~,$ Proposed Use: ~ c.c~~r ~ ~ ~ ~ t ~ C. Description of proposed activity and purpose of th$ requested penult or action (attach extra sheets If necessary}: Requesting annexatior-, adoption of city zonin and land use classificat(on. "- DATE RECEIVED: FEE PAID; $ RECEIVED BY: Form CD-2t}01 Page 1 of 3 Development Application Approved: 0&27-97 Revision: File Name: DQA ---~~ ~, ~, z 'd 65sz '~~ Wdtiti~Ol 9002 ~~~ '}~o Type of pQrmit or action requested: -7 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(a)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: I, ,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~P ICATION ASRE ACCU E AND TRUE TO THE BEST OF MY KNOW LEDGE AND BELIEF. ` ~ _ J`~ 2 Signature Dat Sworn to and subscribed before me by C ~Ar ~~ 5 ~ ~jlo ~ ~C Who is p rsonally known to me or produced as identification, this 2 ~ day of aV , 200 (o NOTARY'S SIGNATURE Q~~,l/),~ PRINTED NAME OF NOTARY ~ - ALiSONBO D pr 1 ~ S o ~ ~ o l a n ~ No1ery P~Nc - SWe of Florida COMMISSION NO./EXPIRATION 5 - 11- 2~0 G ~p~~t~,2ppg SEAL: Camrr~tion it DD 428458 Banded By NetlaiM NomryAasp. Form CD-2001 Page 2 of 3 Development Application Approved: 08-27-97 Revision: File Name: DOA ~~ ~7~ 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. I/WE, 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 Date Sworn to and subscribed before me by (~ h Q~ leS F , ~(o C lL Who is pPrsonall~krwwn to me or produced as identification, this 12~µ day of M qu 200 ~ NOTARY'S SIGNATURE PRINTED NAME OF NOTARY ~ ~ov1 ~ b~ ~ ~d COMMISSION NO./EXPIRATION 5'- (~ -2.6C~~ SEAL: t~toWy F'ubMo - Stele d Fbr{d~ ConrNMlon Metr 11,2009 Canrniglon ~ DD ~128A58 Dondld BY Ne1d1M ~ Awn. Form CD-2001 Page 3 of 3 Development Application Approved: 08-27-97 Revision: File Name: DOA ---~~ i Permit Application No. Supplemental 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: GC X 3. Size of the project in acres: ~~3`3' Cnr~ ~ to 3.87 X 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City: There are no impacts to other elements of the comprehensive plan or Citv Ordinances. 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 knowledge. Form CD-2008 Page 1 of 3 Comp Plan Amend (Land Use) Approved: 08-27-97 Revision: File Name: SICPALU X 8. Is the proposed amendment compatible with the existing orfuture land uses of the City? If not, why not? YES X 9. Are there adequate public faciities to serve the proposed land use? If not, which one (s) are not adequate? YES X 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. No there are no environmentally sensitive areas existing within the boundary 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 surrounding area. Form CD-2008 Page 2 of 3 Comp Plan Amend (Land Use) Approved: 08-27-97 Revision: ' File Name: SICPALU X 13. Attach the following: r. ~ _.~\ I X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corooration and principal executive officers will be sufficient. X b. Attach list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A survey and legal description of the property for which the land use amendment is being requested. Form CD-2008 Page 3 of 3 Comp Plan Amend (Land Use) Approved: 08-27-97 Revision: File Name: SICPALU C~ ~ an a ~~~~~ FIOME OF FF3.iZAN 9ST.P~3D of Sebastian, Florida Subject: Second Reading and Quasi-judicial Public Hearing of Ordinance 0-07-03; zoning amendment fora 3.87-acre parcel of land Agenda No. (~lj~~ , j C located at 9707 U.S.1 Department Origin: Growth Mana e Purchasing/Contracting: Finance Direc Appr ve Submittal by: City Manager City Attorney: ~~ City Clerk: Al ><~ner` Date Submitted: March 20, 2007 GG For Agenda of: March 28, 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 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 the zoning request. RECOMMENDED ACTION Hold quasi judicial public hearing. "Move to approve Ordinance No. 0-07-03." -- ,.~ 1 " -'~~ ~jl ~ / /~ ORDINANCE NO.0-07-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF CONIlVIERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS GENERAL COMMERCLAL (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. ~~' NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDL~N RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. 1'he change in zoning classification created by the adoption of 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. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Commercial General (CG). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall 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 provisions. 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 7. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction of all conditions for the effectiveness of Ordinance 0-07-O1. The foregoing Ordinance was moved for adoption by . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff ~l Councilmember and, EXHIBIT "A" DESCRIPTION PARCEL I' ~ ' 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 RECORDS OF INDIAN RIVER CDUNTY. FLORIDA. THE 50UTH 165 FEET OF THE SOUTH I/2 OF THE SOUTHEAST I/4 OF•THE NORTHEAST. I/4 OF SECTION 20. TOWNSHIP 31 SOUTH. RANGE 39 EA5T, INDIAN RIVER COUNTY. FLORIDA. LYING WEST.OF US HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS; FOR A POINT OF BEGINNING BEGIN AT THE 50UTHWEST CORNER OF THE SOUTH I/2 OF THE 5OUTHEAST I/4 OF THE NORTHEAST I/4 OF SAID SECT10N,20: THENCE RUN NORTH 165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE Y1E5T. RIGHT OF.WAY LINE OF U5 HIGHWAY I: THENCE SOUTHEASTERLY ALONG 5AIb RIGHT OF WAY LINE. A DISTANCE OF !83.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LE55 RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND AL50 LESS THE RIGHT OF WAY FOR - US HIGHWAY 1 A5 RECORDED IN DEED BOOK 107. PAGE 331 AND DEED•BOOK III. PAGE 495 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. . ANb . 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 IN ' OFFICIAL RECORD BOOK 1401. PAGE 2456 OF, THE PUBLIC RECORDS OF INDIAN RIVER .COUNTY, FLORIDA. THE SOUTH 165 FEET OF THE SOUTH i/2 OF.TNE-50UTHEAST 1/4 OF THE NORTHEAST I/4 OF SECTION 20.~TOWNSHiP 3f SOUTH. .RANGE 39 EAST. INDIAN RIVER COUNTY. FLORIDA. LYING WEST OF U5 HIGHWAY 1, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT. OF BEGINNING BEGIN AT THE 50UTHWESI' CORNER OF THE SOUTH 1/2 DF THE SOUTHEAST I/4 DF THE NORTHEAST I/4 OF SAID SECTION 20: THENCE RUN NORTH • 165,00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST-RIGHT OF WAY LINE OF US HIGHWAY I: THENCE SOUTHEA5TERLY ALONG SAID RIGHT OF WAY LINE. A DISTANCE - OF (83.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LE5;y RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND AL50.lE5R TH6 RIGHT OF WAY FOR US HIGHWAY f A5 RECORDED IN DEED BOOK 107. PAGE 33i AND DEED BOOK III. PAGE ..¢ •. 485 OF-THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. 1 ~4 '1 I GOV. LOT 5 s IVIO - .~ I 49.11 AC _ I _ Z66 AC ~ ~ I ~ O `Bb WHISPERING ~ 30o I G G V. LOT 6 PALMS I nes Ac ~ MOEILE s VILLAGE ~. _ = 4 s: IDS? ~ 700 120 - : '~- ~w u _ .L, .~`; WHISPERING (A5563FD 17-31-39) w r _____,---..:~?., ;'v~ °y, -'• PALMS ~ ~q~ ; 4~ MOBILE ,v*u>ma (A ~' '~ 2 `' 1 G ~a %4L' ''S? i VILLAGE !P 'm" ~ a 700 ~~ i o` • • '~ w N L', ~'. 9~ y .c w ~c ~. 1 '_ 'i ~~~ q ,~ ti >u.,~ ~~ ~~ =.~~ ~ ~ ~.~ r ~ .~ ~~hq, ..,.~ . , ~NR93- ~ y _ ~~~ ~ .,,9°iH siFUkjr.. - CIG V1C1(Ft6 ftOA- y~ pp er ~ ~`; ~t 'G C ~ 5 S w~ ~ ~~j ~~. •i ul w O ~ J °li ~ m~ m~~ ii s ~ ~• ,.~ k a n ~ e°g ~`~ e '~ v m ",,, .~ ll ~ ~ m m~ i ._1__x'__.1_ ~ a...i._~~-a' .:. e-~ e - fir iwn~.•+w w ~ I tl .4Q ~'1 1 V R m y -B I ~ Is °° n ~°O g _ ~ - m° .c 1d, ° f a a ~° n~ T° y~ !1 w ~.rlw~ ° m °° m °e t~ . y~ ® a ,~~ ,< .- . _._. ....,_ _ - O . ..,......,Y. ,x , .,... ~ ...»< s~ .,.' -.. ~ ~ "" s ~ s6eASn ~ arY uvrrs""° ,~ i r f ~ gym, ~° .,, M m ,~, ,„ ~ °_ :, ivcr , t+ ~ ~~ li~ le I le ~M ~I ~ ~~'~ 1 't~ f~ ,' S„~\.Z •` _. ..~m ° SEBASTIAN HIGHLANDS UNfT 17 : f ~ ~ P ~ ~~~~,~, '}~ >~ .~. ~1 s ~ ~a~.~. ~~ ~ ,,}s~ ~'1 ~ ~i w ~ ~~, PUBIJX MDI~N RIV62 SUB R ~''~. t ~ ii4h~ a't ',~ ~w ~r 1 ' ' ~41F ,- ., f bo E ~~ ~.. ~ rst w-w ~ sx-° '~ !f C ! A .~~L 1 I I w N 4~ 3 TfUlC ~ a K .`".~t~ `'L,ji ~Z. \. ~ y 'd ~ t ~ ~ y k~ WflFlt ~.~~ e~ ~ V `A '+ a ASSESSED :9-?3f139 z`• ........,_ zi i Ap 'y - 1 •` ~ ~ F ~ ~ ~d K ~a r"'- r ~,~ ¢ 3 ~. •-., ~ ~ PALM LAKE CLUB ~ a f F ~ ~9 '~, ,~'' n~ ~n~ V ~~w r '"t; ); a'f PHASE I SUB 1~~ F ty~n ~~ - _. •- ~,°'~~ G ~4 1 1 ~ . ~ ~ ~ a ti 'o ~ 1 ~~ S ~ ' ,'+ ~ ~ i ~ 5 B e e ' 1~ - ~ X 7. 1 „~ q ~ ~:~ ~ I4 ~ 1 V _ ~ F ~ K, ~ ~ S ._ ~ ~~ ~ ASSES3ED ZI 71-]9 1,' .. .. I k-, F.,11 ~"' h'~ii£ ~ IH. v0 ~ '+,. T .~ A K ui .c II 1 ~4.=< ~ ~ /i ^II _ _ ~~ y . 1 1 I ~ ~~`.,. _. ~ ~"~'-"` ~''`' _o.i%"`~'~n ~ - ~ PALM LAKE CLUB I""~~ ~ ,~ a _` sz{i '~ ~ ..~ PHASE II SUB ~' ~ s ,~ a R TAICT F F ~6 i S ' ij } _ _.. _. _... _ N ~y .ic F IL ~~gg h fi~.F^~ }fr£ ~ ~~SS~C jr•~~n ~~~~... ~ ~~~ C•-.- ~' ~ 7 :d N 1 1D xxi >f ~~~ a ~ ~ pt\0~ xID~ _ nLt ~~ ~ ~ _ ~~. FCC 'tl~~~m ?~ W t1 d9 ~` "~s ~s~. ~ S ° I ~=~5~ Siiagi'~ ~ Yf .~ ~ ~Y W i"T, 1g i - <3 { ~ N car o] r-.,,:. tIbME 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 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 6. Project Engineer: Bruce A. Moia, P.E. MBV Engineering, Inc. 1600 W. Eau Ga-lie Blvd, Ste. 293 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 1 --~_.~. - ~\ ~_~ '1 7. Project Surveyor: David Jones 3899 39th Square Vero Beach, Florida 32960 (772) 567-9875 fax: (772) 567-9172 8. 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. Zoning: Current: Requested c. Adjacent Properties CG (Commercial General-County) CG (Commercial General-City) 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: ~% 2 3.87 acres 12 mobile homes and 13 cottages palms, oaks, pines, pepper trees carrissa plum X (6) Water Service: (7) Sanitary Sewer Service (8) Parks: 9. 10 11 (9) Police/Fire: Future Land Use: Current: Requested Private well On-site septic system 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. Policy 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." Policy 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. ~~-~ ~~ 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 ,~{'f ~l ~ , ~~ 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. P E ARED BY 5 Z- (o -OCv DATE i _ ,~ `1 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.' C~~'~ 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. Buchanan yes Mr. Simmons yes Mr. Paul yes Mr. Cardinale yes Mr. Oakes yes Mr. Mahoney yes The vote was 7-O. 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 21S`. 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 - ,~ ,1 2 City of Sebastian Development Order Application Applicant if not owner, written authorization notarized frc Name: VERO MILVI, LLC _ . Address: PO f30X 1206 VERO BEACH, FL 3296'1 Rhone Number: 772) 5~9-3799 Fax Nu E-Mail: Permit Apptlcation No. -~~ vner is required) -,~ ~2) 567'-712'! vwnnr ~~r a-rrergni Name: CG CI Fisting Use: /~ /i7QL3l~~ NDm~~ Proposed Use: 13 Co~~ ~~~ ~ ~ r~ 1 L.. Phone Number: ) Fax Number: E~Ma~f: Type of permit or action requested: RE~QNING RE4UEST PLEASE COMPLETE gNLY TH05E SECTIONS W RICH ARE NECESSARY FOR THE PERMrr qR A,CTIgN THAT YOU ARE REQlfESTING. COPIES qF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND $1/2" x 71° COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPRnPRIATE SUPPLEMENTAL INFOFtMATIC7N FORM. A. Rrojeot's Name (if 2ppllcable): 9707 RETAIL, CENTEFZ B, Slte )nformatign Address: 8707 US HWY.1 Sebastian, FL 32958 Lot: Block: Unit: Subdivision: Indian River Gounty Parcel ~# : 31-39-20°00000-~ ooa -00018.0 Zoning Classification: Future Land Use; D$scriptlon of proposed activity and purpose of the requested permit or •<<Cfion (attach extra sheets ff neces$ary): Requesting annexation, adoption of city zon~in~and land use Porm CD-2001 Pa e 1 of 3 Develo ment A IiCation A roved: 0827-97 Revision: File Name: DOA DATE RECEIVED: FEE PAID: $ RECEIVED >3Y: U~ z .d tssz •~N Wds~:6 9ooz •~ .~o~ 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: f30BBYC(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(a~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: I, ,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. _ 5 i. ignature Date Sworn to and subscribed before me by Who is personally known to me or produced as identification, this lZT ti- day of Charles E. 13~o clc M a. ~,, , 200 ~ NOTARY'S SIGNATURE ~~~ PRINTED NAME OF NOTARY (~5 o~n "[~a ar1 c{ COMMISSION NO./EXPIRATION S- ~! - Z O o G SEAL: ~" " N -ioMn PubNc - Syl. a Fbrida Canrrlbefon l~ DD ~128~ ~~ BI- l Ndary Min. Form CD-2001 Page 2 of 3 Development Appiication Approved: 08-27-97 Revision: File Name: DOA G V/ 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. I/WE, 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. ~~~~o ~ ~ ~ z ~~ Signature ate Sworn to and subscribed before me by ~ r lQ ~ le S E 1 ~ 4 C 1~ Who is personally known to me or produced as identification, this 12,T' ~' day of ~ a u , 200 ~ NOTARY'S SIGNATURE (J -~ t PRINTED NAME OF NOTARY <<S a n ~(~ ~ COMMISSION NO./EXPIRATION ~- I ~ -2.Oa q SEAL: "~ ~PubNc-S~dFloride Comnrss~, ~v+~es ~ t~, Zoos comrnKtbn ~ DD 428158 ~~ BY hlatlonal -'~ry Apn. Form CD-2001 Page 3 of 3 Development Application Approved: 08-27-97 Revision: File Name: DOA C Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES, IF NECESSARY. Permit Application No. 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 Rezoning 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. ~~ 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 NN,'. City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. ~~ , `~ (~ Subject: Lot clearing; 0-07-06 Date Submitted: 3/21/07 For Agenda of: 3/28/07 SITIVIMARY: Per direction of, and prior discussion with, Council, this ordinance has been modified to focus on the situations in which overgrowth is damaging neighboring property, and those where the height, etc., of the overgrowth makes maintenance of the lot line unreasonably difficult. In discussions with Fish and Wildlife, it was agreed that we should submit our draft for a Consistency Determination on the issue of compliance with the Scrub jay Habitat Conservation Plan. Before requesting formal review by a federal agency, however, 1 wanted to get Council input on the draft. RECaD1VIl!'iE1~TDED ACTI~le1: Discuss second draft of Ordinance 0-07-06 and provide direction. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMEl'~T ®N AGElYDA ~Y CITY 1VIAllTAGER: ~5 ~~~ 1 ORDINANCE NO.0-07-06 AN ORDINANCE OF TAE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3, ILLUSTRATIVE ENUMERATION; PROVIDING FOR DEVELOPMENT OF GUIDELINES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the extensive residential construction in recent years has resulted in a predominance of developed lots within the neighborhoods of the City; and WHEREAS, overgrown lots present a fire hazard to adjoining homes during droughts; and WHEREAS, undeveloped lots left in their natural state provide environmental benefits such as habitat for threatened and endangered animal species in the City; and WHEREAS, the City seeks to balance these considerations in the best interests of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDLAN RIVER COUNTY, FLORH)A, as follows: Section 1. That Section 66-3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 66-3. Illustrative enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: * ~ (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species) a) pon improved real property, when above a height of ten inches or b) upon unimproved real property when such growth encroaches upon adjoining improved real property such that it~ i) causes, or is in imminent danger of causing, damage to the adjoining property, or ii) creates an unreasonable maintenance burden upon said adjoining property. _ In remedying such a nuisance the growth shall be cut back a distance of five feet from the property line unless the Growth Management Department determines that a lesser amount is Deleted: Formatted: Bullets and Numbering Deleted: to Deleted: or more. ~` ~~ I required by guidelines to safeguard protected plant and animal species. Nothing herein shall relieve the landowner of an requirement to obtain appropriate permits such as those for tree removal or clearing/grubbing Section 2. GUIDELINES. The City shall, in consultation with federal and state regulatory agencies, develop guidelines to safeguard rp otected plant and animal s ecies in the application of this Ordinance. These guidelines shall be formally adopted by resolution and may be modified from time to time following written notice of the proposed modifications to the concerned agencies. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVEl3ABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take effect thirty days following its adoption by the City Council. The foregoing Ordinance was moved for adoption by . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted thi, 2007. ~' Councilmember and, day of un ~ ' pY rr` ~ ~, 1 `..- SiOPolc OP P"sL[CAFJ ~8SL4Yd€A ~~b~s~'~n f ~~ty ~ ~ y ~r ~~ ~ 5~~~ iNl~~r 122J +.~y ~g ~y @ s S~b~t~5a~q FI®r~da 2238 Agenda No: ~'~~ . ~ ~ Resolution No. R-07-13 -Designate /"' BSSC Football Fields as "Gary Scott F Department Origin: Ci Clerk °'`~~ ~1 ~- Fiel City Attorney: Ci an ger Date Submitted: 3/22/07 For Agenda of: 3/28/07 Exhibits: R-07-13 SUMMARY STATEMENT City Council, by consensus, approved a request to designate the football field area of Barber Street Sports Complex, as "Gary Scott Field", in honor of his great generosity to the local youth. Resolution No. R-07-13 makes that designation an official and permanent record. RECOMMENDED ACTION Adopt Resolution No. R-07-13. ~ --- - - - \i' 4 U~~` (~ i' ,,, RESOLUTION NO. R-07-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DESIGNATING THE BARBER STREET SPORTS COMPLEX FOOTBALL FIELD AREA AS "GARY SCOTT FIELD" IN HONOR OF HIS GENEROUS CONTRIBUTION TO AREA YOUTH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Gary Scott, over many years unselfishly helped the youth of Sebastian and surrounding areas in Indian River County who would not have, without his assistance, been able to participate in youth football activities; and WHEREAS, Gary coached the Sebastian Panthers for many years at the Barber Street Sport Complex football field and lent his assistance for anything that needed to get done; and WHEREAS, through his great generosity and heart Gary would never let a child stand on the sidelines but rather with his own funds would go get him, pay for his uniform and feed him if he needed it; and WHEREAS; residents who have witnessed his great heart have petitioned the City of Sebastian to dedicate the football field at Barber Street Sports Complex in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section 1. The football field area at Barber Street Sports Complex bordered by Tulip Drive, Fairfield Lane, Atlantis Terrace and Barber Street is officially named "GARY SCOTT FIELD" in honor of Gary Scott's unselfish generosity in assuring that local children participate in youth football at his own expense. Section 3. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Resolution shall take effective immediately upon its adoption. I! ~ ~ ~ The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andea B. Coy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: Andrea B. Coy, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer City Attorney 0Z_~ ,% I 2 council meeting rroceaures ;. ,~4~- Department Origin: City Clerk City Attorney: City Manager Date Submitted: 3/23/07 For Agenda of: 3/28/07 Exhibits: R-05-26 SUMMARY STATEMENT Resolution No. R-05-26 is the latest revision to the City Council meeting procedures '~~ resolution that began in the early 80's to provide an organized framework for Council, meetings and workshops. The resolution is reviewed periodically upon the seating of a newly elected Council for possible revisions. RECOMMENDED ACTION Review Resolution No. R-05-26. 1~~~~ f ~' I ~`~ RESOLUTION NO. R-05-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-04-26; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, City Council concurs that unadvertised items should be added to agendas only by unanimous vote of the Councilmembers present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shat! be made only once during the Regular meeting and the motion shall be for no more than a thirty (30) minute extension. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to adjournment, items are placed on a special meeting agenda. Quasi-judicial Hearinas: Quasi judicial hearings, when necessary, shall be conducted at special meetings called for such purpose on the first and third Wednesday of the month, at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present, The City Manager, at his discretion, may schedule aquasi-judicial hearing for a Regular City Council meeting when necessary. Workshops: Workshops, when necessary, shalt be held on the first and third Wednesday of the month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. In the event that there is a special meeting for the purpose of conducting aquasi-judicial hearing scheduled for the first or third Wednesday, the workshop will follow the special meeting. A consensus to extend the workshop shall be made only once during the meeting and the extension shall be for no more than a thirty (30) minutes. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. 5\~ Special Meetings for Other Purposes: Special meetings for purposes other than quasi- judicial hearings may be called in accordance with the Charter of the City of Sebastian. Special meetings shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the Special meeting and the motion shall be for no more than a thirty (30) minute extension. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Councilmember must vote on all motions unless a Councilmember has a conflict of interest. A Councilmember may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI~IUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Florida Statutes requires more than the title be read. 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Public input. 6. City staff final comments and recommendation, if any. 7. Chairperson closes hearing unless hearing continuation granted by the affirmative vote of three Council members. ~~~°) B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. D. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. E. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC. A. Public Input on Agenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. In addition, individuals shall have the opportunity to address City Council during a public hearing held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. B. Introduction of New Business from the Public. Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. "New Business" as used in this paragraph, is defined as an item that has occurred or .eras disccvered ~~ithin the previous six months. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to provide documentation for inclusion in the agenda packet. No Introduction of New Business from the Public shall be allowed at special meetings or workshops. C. No Time Limit for Public Input. There shall be no time limit on oral public presentations under Public Hearings, Introduction of New Business from the Public and Input on Agenda Items, however, City Council, by majority vote of its members present, may terminate or limit the presentation at any time. E. Written Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. F. Public Input Addressed to Chair. All public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. /G~~ I ~ ~- SECTION 8. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 9. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-04-26. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Councilmember was seconded by Councilmember and upon, being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Brian Burkeen Council Member Lisanne Monier Council Member Andrea Coy Council Member Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of July 2005. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan B. McCollum, Mayor Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney ran or "' S >'~ ~ i5EAP3P F90AAE OF P~d.6CAF] Csty of Sebastian 122 Main Street Sebastian, Florida 329$ Agenda No: Resolution No. R-07-12 -Updated ;~'E , Record a ement Policies and "`~ Department Origin: Ci Clerk Proced ~, City Attorney: City e Date Submitted: 3/22!07 For Agenda of: 3/28/07 Exhibits: Revised Records Management Policy Manual SUMMARY STATEMENT At my request in 2002, City Council adopted a Records Management Policies and Procedures as the official City policy on records management. The resolution that adopted the policy in 2002 provided me with authority to update the manual from time to time as needed for State law updates and as various administrative practices changed. It has been five years since that original adoption. After reviewing the manual and in light of extensive State retention amendments, advances in City technology, and the need to establish fixed rates for records requests, I thought it was best to do a total update this year and bring it back to Council for its approval. The Records Program Manager and I have reviewed the policy, updated it accordingly, and request City Council adoption. The actual City policy and procedures you are asked to approve are included in this packet, and the other state laws, retention schedules, etc. are set out in books provided to you under separate cover. RECOMMENDED ACTION Adopt Resolution No. R-07-12 adopting an updated Records Management Policies and Procedures for the City of Sebastian. ~~ l ~- - - - ___\ RESOLUTION NO. R-07-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN UPDATED RECORDS MANAGEMENT POLICIES AND PROCEDURES MANUAL DATED MARCH 2007, AS THE CITY'S OFFICIAL RECORDS MANAGEMENT POLICY; PROVIDING FOR FUTURE AMENDMENTS BY THE CITY CLERK IN ACCORDANCE WITH UPDATED ADMINISTRATIVE PRACTICES AND STATE LAW REVISIONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Clerk, designated by ordinance of the City Council as the City of Sebastian Records Management Liaison Officer, presented the first "City of Sebastian Records Management Policies and Procedures" for adoption by Resolution No. R-02-34 on August 14, 2002; and WHEREAS, since the City Clerk has no administrative authority over City personnel other than personnel in the City Clerks Office and the policy requires involvement of other City personnel, City Council .adopted the aforementioned as the City's official policy on records management; and WHEREAS; over the past five years, State lavr, State retention schedules, and City policies, fee schedules, and technology have changed, and although the previous resolution provided for inclusion of administrative amendments and State law updates in the policy manual by the City Clerk; the City Clerk feels it best that City Council adopt a completely updated "City of Sebastian Records Management Policies and Procedures". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section 1. The "City of Sebastian Records Management Policies and Procedures Manual" dated March 2007, as attached hereto as Exhibit "A", is hereby adopted as the City of Sebastian's official policy on City records management. ~,,\ -11 1 Section 2. The City Clerk is authorized to amend the manual from time to time based on updated administrative practices and state law revisions. Revised pages will reflect the revision dates. Section 3. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Resolution shall take effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Andea B. Coy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2007. ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer City Attorney CITY OF SEBASTIAN, FLORIDA Andrea B. Coy, Mayor and, IIL z Cl1Y ~~ d~ CITY OF SEBASTIAN RECORDS MANAGEMENT POLICIES AND PROCEDURES MANUAL March 2007 ~3 HOME OF PELICAN ISLAND _'~ ~~~ ~ s 1l %~ INDEX Introduction 2 What is Records Management? 3 Benefits Goals Terms and Definitions 4-6 State Law References 7 Records Management Liaison Officer and Records Program Manager 8 Records Management Committee 9 Records Management Policy 10-11 E-Mail and Internet Policy 12-14 Records Management Procedures 15 General Procedures 16 Forms and Instructions for Use 17-23 Destruction -Shred-It Recycling 24 Scanning of Long Term and Permanent Records 25 Storage of Records and Disks Off-Site 26 Annual Records Disposition Compliance Form Submittal 27 Vital Records 28 Copy Fees -Paper, DVD, CD, VHS, Audio & Extensive Searches 29-30 Appendices -State and City La~v References Chapter 119 Florida Statutes (Public Records) Section 257.36 Florida Statutes (Records and Information Management) Chapter 1 B-24.001 Florida Administrative Code (General Public Records Scheduling/Dispositioning) Chapter 1 B-24.003 Florida Administrative (Records Retention Scheduling and Dispositioning) Chapter 1 B-26.003 Florida Administrative Code (Electronic Recordkeeping) Department of State Electronic Records Opinion State of Florida Records Schedules GS1-SL (State & Local Government Agencies) GS2 (Law Enforcement) GS3 (Elections) ~, ~j ~~ J 1 ___.~ `~, (~ ((J INTRODUCTION RECORDS MANAGEMENT Florida Law defines "public records" and establishes a Bureau of Archives and Records Management within the Department of State Division of Library and Information Services. Florida Statutes and the Florida Administrative Code provide for establishment of a proper records management program by governmental agencies to manage the abundance of records created, provide that a Records Management Liaison Officer be designated, and set out specific guidelines which must be followed relative to records disposition, electronic records, etc. all the way to destruction. The City of Sebastian has designated the City Clerk as the Records Management Liaison Officer (RMLO) by adoption of Ordinance No. 0-01-05, established a new position entitled "Records Program Manager", and formed a "Records Management Committee." This manual has been prepared by the City Clerks' Office to make available to all City departments all state laws and codes relative to records management and to set out administrative procedures for the proper handling of all City records received, created or compiled by City employees, this includes e-mail. The Records Program Manager is the primary point person within the City Clerk's Office and is in charge of liaison and records disposition coordination. Recent legislative changes provide that governmental agencies need no longer receive approval for each record destroyed, but shall continue to follow Florida law as to proper records disposition and shall submit annual compliance reports to the Division. The Division provides general records schedules, which first define records' series, and then establish retention periods for those series. The City Clerk's office is scanning permanent and long-term city documents for retrieval and security purposes. This manual is subject to change as we go through the process and as we expand the scanning system. Each department assigns one representative to the Records Management Committee and that person is responsible for following Florida law relative to his/her department's records disposition. Our office will work closely with liaisons to assist them and to assure that proper destruction scheduling is accomplished. This manual will be updated as laws and methods change, but most important is that we will all have the same information, and that there are established policies and procedures. By: Sally Maio, MMC City Clerk (RMLO) Donna Cyr Records Program Manager --~ ~~ 2 ~~ What is Records Management and Why is it Necessary Effective records management will allow an agency to maintain records from time of creation to disposition (Information Life Cycle). "Records Management is good business. Public officials are legally responsible for creating and maintaining records that document the transactions of government as it conducts business. These records provide evidence of the operations of government and accountability to its citizens. Public officials musf maintain this information according to established retention requirements -regardless of the format in which they are kept (i.e., paper, microfilm, electronic records, magnetic tape, or digital optical disk)." - IIMC Records Management Bu/lefin Benefits of a Good Records Management Program - Meet statutory requirements and compliance standards - Define retention values and allow for a systematic disposition process - Improve storage and retrieval systems - Reduce the volume of records stored and need for storage space - Lower risk and exposure to litigation - Provide information and improve service to the citizens of Sebastian, elected officials and staff - Instant retrieval of information and increased office efficiency - Identification and protection of vital records - Security for permanent and long-term records Our Goals for the City of Sebastian - To establish and update proper records disposition procedures and disseminate them to all departments - To utilize State General Records Schedules to formulate a corresponding City Records Schedule which will provide an easier tool and recognition of records types by all departments - To coordinate with and educate all city personnel on the importance of public records law and an efficient records management program - To meet at least quarterly with members of the Records Management Committee for updates on state law and to review procedures and discuss new ideas - To continue the expansion of our digital imaging system using Laserfiche and store all scanned documents on a main server for better security and accessibility. - To continue to work with Emergency Management program personnel so that in the event of a disaster the city will start up again with little trouble. i i~ 3 Terms and Definitions Active Record -Documents and materials frequently or regularly used to conduct government activities. Administrative Value -The usefulness of records for the conduct of current and/or future administrative business. Archives - 1) Records which are no longer required for current use but have been selected for permanent preservation because of their historical value; 2) The agency responsible for selecting, preserving and making available records of permanent value; 3) The place (room, building, or storage area) where archival records are kept. Bureau of Archives and Records Management -Division of Library and Information Services within Department of State -State Department authorized with overseeing records laws and codes Confidential Record -record deemed confidential and not subject to public disclosure and may be released only to persons or entities specifically designated in a particular statute. Cubic Foot -The volume of records, which will fill a space one foot high by one foot wide by one foot long. This is the basic measurement used for records and archives. Electronic Records -Refers to various technologies used for the storage of digitized information. Environmental Controls -The creation and maintenance of a storage environment for records to ensure preservation. Controls include temperature, relative humidity, air quality, lighting, elimination of pests, housekeeping, security and protection of records from fire and water. Exemption - a record exempt from mandatory disclosure requirements which may or may not be released at a later time. Files - A collective term usually applied to all records of an organization. Files Management -The application of records management techniques in filing practices. Filing System -The overall system whereby records are stored, including procedures, physical arrangement, classification system and equipment. Forms - A document, printed or otherwise procedures, with space(s) for the insertion of information. General Schedule - A record retention schedule covering records common to several or all departments of an organization or units of governmental agency. Hard Copy -The original paper document or paper computer printout. Historical Records -Records that contain significant information about the past or present and are therefore worthy of permanent preservation and systematic management for research. Historical Value -Information about the present or past that makes the record worthy of permanent preservation for research. Inactive Records -Records that are completed/terminated and are suitable for boxed storage or scanning. Obsolete Superceded or Administrative Value Lost (OSA~ -Records that are duplicates or transitory and need not be documented for final disposition 4 ~-~ ,_ ~ `v` Permanent Records -Records considered to be so valuable or unique in documenting the history of an organization, person, or place, that they are preserved permanently -may be scanned and paper destroyed. Preservation -Actions taken to slow or prevent the deterioration or damage of archival records. Basic actions taken to provide adequate facilities for the protection, care and maintenance of archives and records. Public Record -According to Section 119.011 (1) of the Florida Statutes: "Public Records' means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Redact -means to conceal from a copy of an original public record, or to conceal from an electronic image that is available for public viewing, that portion of the record containing exempt or confidential information. Records Center - A facility designed and constructed to provide low-cost, efficient storage and reference service of inactive records. Record Copy -The official copy of a record, usually created and maintained by the office primarily responsible for the information it contains. Record Disposition -Planning and analysis to determine when a department's records are no longer needed for the day-to-day conduct of business; such determination to include planning for destruction, transfer to records center, scanning before destruction and/or transfer to an off-site storage facility. Records Inventory - A detailed listing of the volume, scope, and complexity of an organization's records in order to evaluate, appraise and organize the collection. Records Liaison Representative -the individual or individuals assigned the responsibility within a department for the full coordination of records management and scanning operations for the department. The Records Liaison Representative coordinates these operations by working in close association with the City's Records Program Manager. Records Program Manager -The individual within an organization who is assigned the responsibility for systematically and scientifically controlling the recorded information generated and received by the organization. Records Retention Schedule -State Guidelines that list records series and state what to do with the records, how long to retain them, any special maintenance instructions, and procedures for disposing of them. The retention schedule informs you of the length of time that records have operational, legal, fiscal or historical value. The City of Sebastian utilizes the General Records Schedule GS1-SL. General Records Schedule GS2 is used for Law enforcement, Correctional Facilities and District Medical examiners and the General Records Schedule GS3 is used for Supervisors of Elections as provided by the State of Florida, Department of State, Division of Library and Information Services, Bureau of Archives and Records Management. Record Series - A group or unit of related documents or information that is normally filed or kept together because they relate to a particular subject or function, result from the same activity, or document a particular transaction or activity. Retention Period -The period of time that records must be kept according to legal and/or organizational requirements. Retrieval -The recovering of information by the recalling of records from storage in a records center or archives. RMLO -Records Management Liaison Officer -person with responsibility to maintain the organizations records program in accordance with Florida law -City Clerk is designated by ordinance __..__~ 5 ,,_j '~ Transfer Box - A standardized container for the transfer and storage of infrequently accessed records. Transmittal Form -the form used to transfer from one department to the City Clerks Office. Transitory Records - a record that relays information about time or schedule such as one might receive in a phone message, i.e., meeting at 2 pm -and once the event is past the record is OSA. Vital Records -records which are essential for the ongoing business of an agency, and without which the agency could not continue to function effectively. Vital records need to be identified and stored under special environmental controls. 6 ____ /~ ` `~ ~~ / State Law References * Please see appendices for applicable state laws relative to Records Management located at back of manual Appendices -State and City Law References• * Chapter 119 Florida Statutes (Public Records) * Section 257.36 Florida Statutes (Records and Information Management) * Chapter 1 B-24.001 Florida Administrative Code (General Public Records Scheduling and Dispositioning) * Chapter 1 B-24.003 Florida Administrative Code (Records Retention Scheduling and Dispositioning) * Chapter 1 B-26.003 Florida Administrative Code (Electronic Recordkeeping) * Department of State Electronic Opinion * State of Florida Record Schedules GS1-SL (State and Local Government Agencies) GS2 (Law Enforcement) GS3 (Elections) 7 ALL Records Management Liaison Officer ~RMLO~ Florida Statutes 257.36 (5) requires that governmental agencies appoint a Records Management Liaison Officer (RMLO) to establish and maintain an active and continuing records management program. Code of Ordinances Section 2-2 designates the City Clerk as the Records Management Liaison Officer for the City of Sebastian. RMLO Responsibilities: • Serves as the agency contact. • Coordinates and accommodates public access requests. • Conducts the agency's records inventory. • Coordinates interagency records management training. • Develops business procedures. Thought ultimately responsible for the Records Program, the RMLO assigns coordination of these and other interagency records management practices to the Records Program Manager. Records Program Manager The Records Program Manager is assigned by the Records Manager Liaison Officer to coordinate and supervise the City of Sebastian's Records Management program. General Duties and Responsibilities • Plans, schedules and coordinates the receipt, retention, storage, disposal and/or the placing of information in electronic media in accordance with City policies, ordinances and State statutes. • Monitors retention schedules and destruction requests to ensure compliance with established guidelines. • Indexes legal documents and enters required information into the computer. • Inventories inactive files that are transferred to the City Clerk's Records Retention Center by various departments. Such inventories contain the names of the files transferred as well as beginning and ending dates in each file. • Establishes and maintains documents descriptions such as lists, indexes, and other retrieval aids for inactive files, destroyed records and historical documents. Directs filing and cross indexing of documents. Ensures security of all records maintained in the Clerk's office. • Prepares the necessary forms to submit to the State of Florida, Bureau of Archives and Records Management. • Maintains a continuing retention and disposal system in accordance with the Bureau of Archives. Annually, provides to each department utilizing the City's Record Retention Center with an updated inventory of inactive files that are stored therein. • May make duplicate copies of optically imaged documents and distributes as appropriate. • Performs a variety of essential record keeping duties, and oversees department record keeping and filing system. 8 l Z~ Records Management Committee Each department shall assign a staff member as the department's "Records Management Liaison/Coordinator." This staff person shall be a member of the Records Management Committee. Members of the Records Management Committee will meet on an as-needed basis to review records laws and management practices as well as formulate new procedures. The Records Management Committee members will educate other personnel within their departments on the importance of records management and they shall administer their department's records through the Records Program Manager. Below is a list of all the departments with the City of Sebastian and their Records Management Liaison/Coordinator: Airport -Joe Griffin/Barbara Baran Building Department -Karen Park City Attorney -Susan Lorusso City Clerk's Office -Donna Williams-Cyr City Manager's Office -Jean Tarbell Public Works Department -Linda Kinchen Engineering -Sally Grunzweig Finance Department -Mary Rosenthal Golf Course -Joy Green Growth Management Department -Jan King Human Resources - Vaunette Davis MIS -Barbara Brooke-Reese Police Department -Barbara Quinn 9 ~Z`~ City Records Management Policy • The City will provide public records in accordance with Florida law in a timely manner to the best of our ability. If a record is deemed to be public but is not in possession of the City, a letter of request will be made to the individual or agency to provide the record. All public records requests whether written or verbal (except those that are simple requests for copies of documents which a department has in their possession and knows without question contain no confidential or exempt information) shall be initiated through the City Clerk's office via the Records Program Manager. The Records Program Manager will submit a request memo to the appropriate department(s) through the City Clerk, City Manager and City Attorney. (see sample attached), however, if a request is verbal and asked to be anonymous, the request shall remain so. • If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the department or Charter office involved, in addition to the actual cost of duplication, a special service charge may be imposed. • The City is not required to generate or create documents if a request asks for documents that do not exist, however, the agency must produce responsive records that are available as of the date the documents are produced to the requesting party for inspection and copying, even if all or a part of such records did not exist as of the date the request was received. • Whenever feasible and a request is not extensive, we will provide records which are stored in Laserfiche by a-mail at no cost or advise requesters where they can locate the record on-line. • The City will utilize prepared State of Florida Records Schedules for the proper disposition of its records (i.e., Schedules GS1-SL, GS2, GS3). • Each City employee will sign the City E-mail and Internet Use Policy dated 2004 and abide by its rules. • Each department will maintain and update their public folders routinely and within a timely manner within Outlook to retain e-mail public records in accordance with retention laws and to make them available on the public computer located in the Clerks' Office. • All records disposition forms will flow through the Records Program Manager • All records transmitted to the Records Program Manager for storage must be in a 1.5 cubic foot box and include a completed "Records Transfer Request" and a box label on the front of the box. • No records shall be destroyed without the signature of the Department Head, Department Liaison, Records Program Manager, and Records Management Liaison Officer. • No records shall be destroyed, other than duplicates and OSA records for recycling, by any department personnel. 10 Z. ~ ,,a • Records destruction shall be handled and witnessed only by the Records Program Manager or his/her designee. • The City will utilize a recycling program for destruction of its records, which will provide immediate shredding services on-site as witnessed by the RPM or her designee. • The City Clerk's Office will provide, as much as currently possible, an area for storage of records. Each department will be designated shelf space in our file room. • The City will utilize Laserfiche software for its imaging program or other compatible system if Laserfiche is no longer available. All departments will be encouraged to begin using Laserfiche as soon as reasonably and financially able. • All records scanned onto electronic media will be copied and tested once a month, using Laserfiche Plus by the Records Program Manager. This set will be stored in the safe room of the City Clerk's office. The MIS dept. will run a system backup and store the tape off site. This supercedes State law requirement to test all imaged documents every 10 years. (This does not include audio and video tapes) C 11 CITYOF ~~.. _ ~~ „„ ~ ~ v " HOME OF PEI'_ICAN ISLAND. MEMORANDUM Date: 1 /11 /07 To: Office of the City Clerk From: Donna Williams-Cyr - " Records Program Manager CC: AI Minner, City Manager Sally Maio, City Clerk Rich Stringer, City Attorney Re: Public Records Request The Office of the City Clerk has received• a verbal public records request by an anonymous person, in accordance with Chapter 119 F.S., as follows: "I would like to review all ccntracfs that have to do with the new city hall complex administration building" Public rccorcls l~~:v, ~eyuires immediate production to the extent feasible. Should any redaction be required for any part of a record that is deemed to be exempt, :~-e swill redact the .exempted information on the record copy prior to providing the copy to-the requestor. (1) "Puhlic records" ;Weans all documents, papers, /ettecs, maps, books, tapes, photographs, films, sound recordings, data prc~:assing software, or other material, regardless of the physical form, characteristics, or means of transrnission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. I ~ 1 '`, ;' .~- CffYC}F ~~ ~" ~ ~, HOME. QF PELICAN ISLAND City of Sebastian E-Mail and Internet Use Policy Effective May 2004 This policy supercedes the E-mail Policy and fhe Infernet Usage Policy dated July 25, 2000. Scope: This policy applies to all City of Sebastian employees and all other authorized users of the electronic mail infrastructure made available by the City of Sebastian, including the Internet and Intranet. This policy applies equally to all levels of management and to the personnel they supervise. Purpose: While the Internet and Electronic Mail are great resources for the City, it is the responsibility of each employee to use this resource responsibly and respectfully. Users of the City's network and computer resources have a responsibility not to abuse the network and to respect the rights of others. This Policy provides guidelines for the appropriate and inappropriate use of information technology. The purpose of this procedure is to delineate acceptable uses of a-mail and the Internet/Intranet by employees and other authorized users of City of Sebastian Network Service. Procedures: A. The Internet/Intranet is to be used as a business tool for reasons that are necessary for the accomplishment of an employee's job assignments. 1. Files downloaded from the Internet must be thoroughly scanned by anti-viral software maintained by the MIS Division. This anti-viral software is not to be disabled by the user. 2. In accordance with departmental policy, executable files/software can only be downloaded by individuals whose job descriptions include the testing of software. 3. Accessing, sending, storing, or displaying sensitive materials including, but not limited to, gambling or other illegal activities, sexually explicit materials, or materials that include profane, obscene, or discriminatory content is prohibited. 4. Data and files on the Internet must be considered copyrighted material and may not be distributed or published in any form without the written permission of the originator. 5. In addition to work-related access, employees may briefly visit non-sensitive Internet sites during non~work time, such as break, lunch, or before or after work hours. Examples of acceptable sites are those dealing with health matters, weather, news, business topics, community activities, career advancement, and personal enrichment. It is imperative that common sense be used in viewing non-work related sites and they must not result in any additional cost to the Department. 12 IZ8 6. Inappropriate use of the Internet will be reviewed on a case-by-case basis and may lead to disciplinary action up to and including disrissal. B. E-mail is to be used for official city busine~~s that includes communications with other state departments, governmental entities and private sector entities. Although the Department does not prohibit all personal use of a-mail, a common sense approach should be applied. 1. Acceptable personal use of a-mail is whE;re the communication is brief, does not interfere with work, does not subject the Department to any additional cost, and is consistent with the requirements contained in this policy. 2. Prohibited uses of a-mail include: a. Non-city sponsored solicitations, including, but not limited to such things as advertising the sale of property or other commercial activities; b. Sending copies of documents in violation of copyright laws or licensing agreements; c. Sending messages prohibited or restricted by government security laws or regulations or any other communication that may adversely affect the City's ability to carry out its mission. Messages which may reflE:ct unfavorably on the City, or which may be perceived as representing the City's official position on any matter when authority to disseminate such information has not Ibeen expressly granted are also prohibited; d. Sending confidential or proprietary information or data to persons not authorized to receive it, either within or outside the City; e. Sending content that may constitute sexual harassment or be considered discriminatory, obscene, derogatory or excessively personal, whether intended to be serious or humorous; f. Sending communications reflecting or containing chain letters; illegal activity; harassment; sensitive information including but not limited to gambling, or materials that include profane, obscene, or inappropriate language, or racial, ethnic or other discriminatory content; g. Sending material promoting political positions or actions. h. Inappropriate use of E-mail will be reviewed on a case-by-case basis and may lead to disciplinary action up to and including dismissal. 3. The City of Sebastian does not intend to routinely monitor the contents of a-mail messages. However, users should expect that electronic mail messages might be accessed by authorized supervisors or System Administrators with or without the permission of the employee. No employee should have any expectation of privacy as to his or her Internet or E-mail usage. C. All e-mail accounts must be established, terminated or transferred with a Computer Access Change for promulgated by, and must be submitted to the MIS Division. 13 --~, (;, ~Z , Retention and Access -- Electronic Mail: A. Users should take note that the information generated on a-mail may be a public record subject to public inspection and may not be confidential, unless specifically cited by Florida Statute. Section 119.011 (1), F.S., defines public records as: All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received, pursuant to law or ordinance or in connection with the transaction of official business by any agency. B. Individual users are responsible for keeping and archiving their own business-related a-mail in public folders set up by MIS for each department. Retention of these files is subject to Florida State laws. For more detailed information regarding the definition and retention schedule of public records, refer to Florida Statutes Chapter 119 and the City of Sebastian records Management Policies and Procedures Manual. C. Any requests for access to the contents of e-mail in order to respond to legal process, such as subpoenas and public records law requests, or for purposes involving litigation, investigation or claim must be immediately brought to the attention of the City Clerk's office. Enforcement: City Department Heads, or their designee, are responsible for compliance with provisions of this policy and reporting any suspected non-compliance to the Human Resources Department. Absent direction from the City Council, the System Administrators must obtain consent of the City Clerk or City Attorney prior to monitoring a-mail or internet activity originating from those charter offices. I, have read this policy and agree to comply with all its terms and conditions. I agree that all network activity conducted while doing City business and being conducted with City resources is the property of the City of Sebastian. The City reserves the right to monitor and log all network activity including E-mail, with or without notice and therefore users should have not expectation of privacy in the use of these resources. I have received a written copy of the City of Sebastian's E-mail/Internet Use Policy. I fully understand the terms of this policy and agree to abide by them. Accepted and Executed this day of Employee Signature 14 X30 '~it aw ~~t2~~~ m ~" xrnm a ~a,a b t»- ~~~ tiw~ atat..aaa " ~ ~y. •°§;~ Hrx@docatafsRua - _._. . _ ... I ~'""'ec4". : Bulea of RawrdaManaOematd " David a aanka Government Oparadans Consultant I State librsy and Pacftivss of klprida OIB'ce ofCommuniry Develppnent k00.Satdh.Hmnnugh.9heaC Zted Floor ~ .F.allataassea_E.Iarida.923B.4.025R ~ I - ~' ~' Phone: (850)245-b774 ° ' Fax (850)245-6643 7 ~' Suncom: 205-fi71d E-Mail: denks~dasstate.fl_us s„~' ~. Fvase noix flot)de lwaa very Waed pub9e rctmQSlw bloat yM CAavnunkalb to or tra stet offxlab re9artG19 stets busheae are aonsldanad to be pub&c rocortfe and wi barrade av iebbtotlro paMO nd Aa ~ ema won reaoeal iherctore row ~ sa mar beaub7actbpuEac ahcasura - ~;~ What is E-Mail? An electronic means of communication in which: • information is transmitted electronically (including graphics and/or audio information) • operations include sending, processing, receiving, and storing information • users are allowed to communicate under specified conditions • messages are held in storage until called for by the addressee E-mail Attachments Most a-mail software permits the attachment of separate electronic files, e.g., word processor files, graphic files, audio files. Advantages of E-Mail ~ Rapid transmittal of information and the ability to respond quickly ~ Eliminates telephone tag ~ Message can be very detailed Disadvantages of E-Mail "~~ ~`~ " Retention requirements fior ;~~ ,~~~ e-mail are often misunderstood ~r - :<: ,;. ~ Decreased security :'t Improprieties and lapses in good judgment are costly When is E-Mail a Pub_ lic Record? When it is prepared and transmitted in connection ~' with official agency business. ,31 ~' Examples of Electronic Mail as a Public Record ~ Policies and Directives ~ Correspondence and Memos ~ Agendas and Minutes ~ • Drafts that are Circulated for Comment and Approval ~ Schedules, Calendars ~ Budgets Examples of Electronic Mail That is Not a Public Record • "Where do you want to go to lunch today?" • "Did you watch American Idol last night?" • "Due to a security breach at our institution, please send us all of your bank account and credit card numbers." • "You have just won the nonexistent European Union lottery that you did not enter! Please provide your bank account number." Electronic Mail as a Public Record E-mail messages are potentially official government records, so you should plan for a-mail as part of your electronic records management strategy. The medium is irrelevant. i3il Electronic_Mail as a Public Recol-d • The content of the message determines whether it is a public record or not • The content determines to which record series the inzssage belongs The content determines how long the message needs to be retairYed~ :~~~`., I ~_ ~.. _ r ~~ .8 -~ ~_ x How is E-Mail Scheduled? • It should be evaluated A , _ . bsa~ Fir ~~§ r ~., for content and filed accordingly -- E . F - ~F - -~ '~„ • It should be retained in accordance with approved records schedules Transitory Messages Item #146 in GS1-SL General Schedule Retention: Retain until obsolete, superseded or administrative value is lost. FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR LOCAL GOVERNMENTS GSt-L )RY MESSAGES IpaM t!6 1 series consls6 of Vtcse reGttds mealetl prmaRy RN the mmmunlcaflon of INOmalbn, as opposes ]o atlons oeslgred for Vre perpeWalbn N Imavkoge. Trarvslbry messages tlo rot se[ policy, esL'u11LSh or pmcedures, ce111ry a transaUbr4 orDecpne a rece¢t Tne hformal tone of transaory messages mlgnt d fn Ine ommwloflm tta1 mfgtll W[e place auMg a ttleptrone [onver.aNOn w a mnversatbn h an omce 'rartslbry menages voula htlutle, [wf are not Wndeo b: E-man menages wlCr altorl-BVeO, w1ro tlve value, voke ma14 self-stlrkhg notes, and lekptwrle messages. )N: mp,. Relah untll oDSdek. SupemeGCC or aammistragve Vdme Ls b5L ies. Retain until o[rsdefe, superseom or amnln[s1roWe rwue is bst What is a "Transitory Message?" ~~ An informal communication of information ~ Does not set policy, establish guidelines or procedures, or become a receipt (] Does not perpetuate or formalize knowledge For assistance, please call: Tim Few at (850) 245-6746 tFew@dos.state.fl. us Candice Odom at (850) 245-6714 cnodom@dos.state.fl.us Edwards at (850) Examples of a "Transitory Message" • `There will be a staff meeting at 3:00 p.m. on Monday." • "The e-mail server will be down from 5:30 p.m. to 8:00 p.m. this evening." Create policy and procedures • Train ail employees and adopt into new hire -~ training Establish a secure filing system for official records • Schedule and dispose of records - - -- - The Basics of'`Records Management ~y .,,~ FLORIDA DEPARTMEDTL O ~STAT$ I State Library and Archives of Florida R.A G~ay.Buildiii~J.. sJU S~utli Br no ugh SV ,~t 'Floor T~Ilah~ssr FL a 99 i ~0~ '. (LSD) 15 'et00 Suurom O5~-G600 F;ti (a50} ~45~643 hitN dlis tlosatd(e fl us Pcc~rds64ari ~q r . .n _ ~,~~r.anq( drys tdViHu ~-':.,,~.A! _. .,_P ._ 133 City of Sebastian Records Management Procedures Public Records Retention Policy: Per Florida State Statute 119, "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. In accordance with this Statute all records must be easily obtainable for the public, this includes e-mails. ~3y,;, 15 General Procedures Each department liaison shall follow records laws and coordinate with the Records Program Manager to properly administer its departments' records utilizing the appropriate Records Retention Schedule. When records are boxed and ready for storage, scanning or destruction, forms and labels, as set out in this manual, shall be completed and inserted prior to transmittal to the Records Program Manager. The Records Program Manager shall determine that the records in the box do in fact meet the requirements of the General Retention Schedule for storage or destruction. Records Program Manager will copy the disposition form once signed by all parties and give it to the department liaison for their records. The original disposition form will be filed in a binder in the City Clerk's office. Attached are each department's category lists that determine the proper retention schedules they should use as a guide when filling out their individual Records Transfer Request forms. This will be updated by the end of 2007. Please see the next pages for individual forms and instructions. 16 r~5 Forms and Instructions 17 _..~ (3~~ City of Sebastian RECORDS TRANSFER REQUEST CITY CLERKS OFFICE Department GS# ITEM Record Series File Name Record Box Volume Scheduled # Dates No. Retention From To Date Department Signature To be stored: 18 Date i 3~~ Instructions for Completing the Records Transfer Request Form This form is used when records are being brought tc the City Clerk's office for storage in our file room or vault. GS# -Enter the General Retention Schedule you are using (i.e., GS1-S L, GS2 or GS3). 2. Item # -List the item number your records fall under in the General Retention Schedule. 3. Record Series File Name -Enter the name of the record series title the fit your records as described in the General Retention Schedule. 4. Description - Enter a brief description of the contents in the box of records you are bringing over to the City Clerk's office 5. Box # -Enter the temporary box number on the space provided. 6. Volume -Enter the volume of the box in cubic feet. 7. Scheduled Retention Date -Enter the date in which the records in the box can be destroyed. Please print this date in RED. 8. Signature of the Department Head -Please have the Department Head sign in the space provided. 9. Date -Enter the current date on this line 10. To be stored -Enter the room that the records are to be stored in (File room or Vault) ~~~ 1 ____/ 19 City of Sebastian RECORDS DISPOSITION DOCUMENT This farm is a permanent document (GSI-L #s45) and will be retained in the Office of the City Clerk once fully executed A copy of the form will be urovided to you for your deparhnent's records. Department Department Head SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for the records have been fully justified, and that further retention is not required for any litigation pending or imminent. Signature of Department Liaison Date Print Name and Title Notice of Intention The scheduled records listed below are to be disposed of in the manner checked below on DATE _ a. Destruction _ b. Scan prior to Destruction -Landfill - Shredding -Recycle c. Scanning and Retention of paper document List of Record Series Box Scheduled Item Title Retention Inclusive Volume in No. No No. Dates Cubic Feet DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. Records Specialist Signature Date RMLO Signature DISPOSAL CERTIFICATE: The above listed records have been disposed of in the manner and on the date shown above. Signature of Person Witnessing Destruction Date Name and Title 20 _.,,~ /~ Records Disposition Form The Records Disposition Form is used when a series of records has met the required retention as stated in the General Retention Schedule GS1-L, GS2 or GS3. This form is a permanent document and will be retained in the City Clerk's Office once fully executed. A copy of this form will be provided to each department liaison for their records. Below are the step-by-step instructions for completing the Disposition form. 1. Department -Indicate what department the disposed records are coming from. 2. Department Head -Please have the department head sign his/her name in the space provided. 3. Submitted by -The Department Liaison of the department should sign his/her name and then PRINT their name and title underneath. 4. Notice of Intention -Indicate the date on which the records are to be destroyed. Then choose which method of destruction you wish to use (i.e., landfill, shredding or recycling) NOTE: All shredding is done in the City Clerk's office by the Records Program Manager. Under no circumstances should original documents that have met retention be shredded by the department liaisons or staff personnel. Only DUPLICATES may be shredded by departments. 5. Box Number -Each box of records that is to be destroyed should have a box number attached to it. If you do not have a box number simply state "N/A" on the space provided. Scheduled Number -Indicate which General Retention Schedule you are using (i.e., GS1, GS2 or GS3) 7. Item Number -Please enter the item number located in the General Retention Schedule that the records in the box contain. 8. Record Series Title -Please enter the Title of the Record series found in the General Retention Schedule. 9. Retention -Please enter the retention for the record series located in the General Retention Schedule. 10. Inclusive Date -Enter the years that the box of records contains. 11. Volume in Cubic Feet -Please enter the volume of the box in the space provided. 12. Disposal Authorization - TO BE COMPLETED BY THE CITY CLERK'S OFFICE!!! 13. Disposal Certificate - TO BE COMPLETED BY THE CITY CLERK'S OFFICE!!!! i~° 21 RECORDS TRANSFER Department: GS#: Item #: Box#: Record Date From: Record Date To: Volume: Retention Time: Destruction Date: Description: RECORDS TRANSFER Department: GS#: _ Item #: Box#: Record Date Frori~: Record Date To: Volume: Retention Time: Destruction Date: Description: 22 ~~~ Labeling Boxes Labeling the boxes helps in the easy retrieval of information when needed. By labeling boxes it will aid the department and the City Clerk's office in locating records quickly and efficiently. On the box label please provide the following information. Department -Which department are these records from? 2. GS# -Which General Retention Schedule are you using Item# -Indicate what Item number you are referencing in the General Retention Schedule 4. Box # -Write the box number in the space provided Description -Write the record series title and a brief description of what contents are in the box Record date from and to -Write the years of the records in the spaces provided 7. Volume -Indicate the volume of the box in this space Retention time -Please show the number of years as stated in the General Retention Schedule 9. Destruction Date -Please indicate in RED when these records can be destroyed ~~z 23 Destruction Proper and timely destruction of records in accordance with established retention schedules protects the City's interests and alleviates the need for costly storage. The City of Sebastian has contracted with Shred-It Recycling of Orlando, FL, which has installed recycling bins in four of the City's buildings. Duplicate, OSA and trash paper can be inserted into these locked bins on a daily basis and will be picked up and shredded on-site every four weeks. Records, which are ready for destruction and have been properly documented, can be forwarded to the Record Program Manager for verification. The Records Program Manager will then contact Shred-It for special pickup. The Records Program Manager or her designee will witness and sign off on all records shredded onsite by Shred-It. 24 ~ X13 Scanning of Long-term and Permanent Documents The City of Sebastian utilizes Laserfiche Imaging software to scan and store long term and permanent records. Once these records are scanned the paper can be destroyed and the scanned image becomes the record copy. Most scanned documents are posted on the City's website for informational and research purposes. The State of Florida advises, "Agencies are not required to document the disposition of records with a retention of `retain until obsolete, superceded, or administrative value is lost" (OSA) EXCEPT for records that have been microfilmed or scanned in accordance wifh Rule 78-26, F.A.C., where microfilmed or electronic version will serve as the record copy" Efficient management of an electronic records management program is afour-faceted approach: ^ Records Management Liaison Officer (RMLO) -City Clerk appointed by ordinance ^ System Administrator -Records Program Manager administers the city-wide records program ^ Technical Coordinators -MIS Department offers specialized technical guidance ^ Department Ownership -each department assigns liaison who will work with us to achieve our goal of eliminating paper records The Records Program Manager will: ^ Act as System Administrator for all City related records management issues; ^ Conduct training in the use of the Laserfiche viewer software; ^ Back up Laserfiche data once each month using Laserfiche Plus; ^ Burn software and data to CD when requested for review by the public or staff; ^ Work with Municipal Code Corporation and MIS in installing upgrades, continuing annual software maintenance and researching upgrades for improvement; ^ Coordinate with all departments to determine their imaging needs. MIS will run regular system backups and store tapes off site. ~~~ 25 Storage of Records "Insofar as practicable, custodians of vital, permanent, or archival records shall keep them in fireproof and waterproof safes, vaults, or rooms fitted with noncombustible materials and in such arrangement as to be easily accessible." -Section 119.03 (1) Florida Statutes Boxes of retained records are stored, as much as possible, in the vault and safe area of the City Clerk's Office on shelves assigned to departments. Most departments retain their own active records and some are in the process of scanning. As the scanning process continues, paper documents will be able to be destroyed, thus decreasing storage needs. Although permanent records such as minutes, ordinances, and resolutions have been scanned, paper originals will not be destroyed and they are housed in the safe. 26 ~~5i Annual Records Disposition Compliance Submitted to the State of Florida, Division of Archives and Records Management In 2001, Florida Law was changed to provide that agencies need not seek approval for destruction for individual records, but must comply with Florida records law relative to disposition and destruction, and submit an annual compliance report to the Division of Archives and Records Management. l ~' 27 Vital Records Vital records are an integral part of the Records Management Program for the City of Sebastian. Vital records are those records which are critical to the continuation of government under crisis or emergency conditions, and to the return to normal operations in apost-emergency situation. Some examples of vital records are, but not limited to, the following: Accounts Payable/Receivable Agreements Financial records Payroll/Employee Records Minutes Ordinances Resolutions Cemetery Records Property Deeds Computer Backup Tapes 28 l ~' 1 L~ ; t COPY FEES Florida Statutes Section 119.07 sets out appropriate fees for records inspection, examination and duplication as follows: 119.07 Inspection, examination, and duplication of records; exemptions.-- (1)(a) Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or the custodian's designee. The custodian shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law or, if a fee is not prescribed by law, for duplicated copies of not more than 14 inches by 81/Z inches, upon payment of not more than 15 cents per one-sided copy, and for all other copies, upon payment of the actual cost of duplication of the record. An agency may charge no more than an additional 5 cents for each two-sided duplicated copy. For purposes of this section, duplicated copies shall mean new copies produced by duplicating, as defined in s. 283.30. The phrase "actual cost of duplication" means the cost of the material and supplies used to duplicate the record, but it does not include the labor cost or overhead cost associated with such duplication. However, the charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication. Unless otherwise provided by law, the fees to be charged for duplication of public records shall be collected, deposited, and accounted for in the manner prescribed for other operating funds of the agency. An agency may charge up to $i per copy for a certified copy of a public record. (b) If the nature or volume of public records requested to be inspected, examined, or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by uersonnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required. or both. "Information technology resources" means data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training. 29 s`uu I~U PAPER COPIES: One-sided copy of 8 %2 x 11 or 8 %2 x 14 or 11 x 17 .................... $ .15 Two-sided copy of 8'/2 x 11 or 8 %2 x 14 or 11 x 17 ...................... .20 Certification of record .............................................................. g ch g 1 00 plus per pa a ar e Large maps ........................................................................... 5.0 p p 9 0 er a e ELECTRONIC COPIES: Audiotape .............................................................................. 3 00 DVD or CD ............................................................................ 5 00 VHS (outside service) .............................................................. 10 00 Shipping & Handling (where applicable) ...................................... 5.00 EXTENSIVE USE OF INFORMATION TECHNOLOGY RESOURCES OR EXTENSIVE CLERICAL OR SUPERVISORY ASSISTANCE BY PERSONNEL OF THE AGENCY: If the nature or volume of public records requested is to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the department or Charter office involved, in addition to the actual cost of duplication, a special service charge may be imposed. The actual charge shall be reasonable and based upon the labor costs actually incurred or attributable to the City for the clerical and supervisory assistance required of such personnel providing the service. The amount to be charged shall reflect the actual hourly rate of the individual providing the service. In keeping with the City of Sebastian's commitment to provide open access to public records, there will be no special service charge for requests requiring thirty (30) minutes or less in actual labor. However, when a person requests public records which require more than thirty minutes in actual service to locate, review for confidential information, copy and re-file requested public records, the person will be charged for all time expended above thirhy minutes. 'Based upon the length of time estimated to provide the service and the cost of copying, a reasonable deposit may be collected prior to the cost actually being incurred. Monies collected exceeding the actual cost of assistance and copying shall be returned to the person requesting the public records. Nothing herein shall prohibit the City from providing free copies of public records to the news media, government agencies, and public service groups for purposes of disseminating information to the public, such as, copies of City newsletters, City Council and other City board agendas, and press releases. Whenever feasible and the request is not extensive, we will provide records which are stored in Laserfiche by a-mail at no cost or advise requesters where they can locate the record on-line. 30 __\ 1 ~ ~~ l~ ~___.. 5 ~ ~~ I .___-: ~~`~ ~.IG~Luf,~GO~/1/ in Indian River County, Inc. 777 37th Street, Suite D-104, Vero Beach, FL 32960 Vero: (772) 569-9788 • Fax: (772) 569-2088 ~' Ft. Pierce: (772) 467-2672 • www.mhain.irc.org TURTLE AGREEMENT This Agreement entered into this day of , 2007 by and between The Mental Health Association in Indian River County, Inc. (MHA) and (Site Sponsor); WITNESSETH: THAT WHEREAS, Site Sponsor has agreed to accept, display and care for a turtle sculpture on its premises; and WHEREAS, MHA has agreed to make a turtle sculpture available to Site Sponsor which is in all respects satisfactory to Site Sponsor; NOW, THEREFORE, THE PARTIES HERETO, in consideration for their mutual undertakings in this agreement, do hereby agree as follows: 1. MHA has delivered to Site Sponsor a turtle sculpture for display by Site Sponsor at a location of its choice, which turtle sculpture is satisfactory to Site Sponsor and will be hereafter owned by Site Sponsor. 2. Site Sponsor assumes all responsibility for its turtle sculpture, including, without limitation, responsibility for any and all claims or liability relating to its ownership of the turtle sculpture, and indemnifies and holds harmless MHA from any and all liability, claims or damages of whatever nature relating in any way to the turtle sculpture owned by Site Sponsor. Signed and sealed as of the date above written. MENTAL HEALTH ASSOCIATION IN INDIAN RIVER COUNTY, INC. By CITY OF SEBASTIAN By ;___ Affiliate of The National Mental Health Association - 2006 Agency Excellence Award Winner ~~ of Indian RWer County ~ r,,,- -~~ I ~ G-- I .~ ~~z~~~ ~~ ~, r e ~~ ~,.~ ~ /~' ``~ ~~ v `7 r 3 Td 7~ -, .~ w ~: ~e ~ ~ ~,, tI ~ ~ _, X55 ~~2z~~ / J,_. - ~ ) ;' 0 CITE' OE SIABASTIAN AOE~iUA TRANS~frll'TAL Subject: City Council Member Liaison Agenda No~ Appointments to Various Regional Boards and Committees ®Mayor's Matters department Orig~ Cif Clerk _ City Attorney: ~ App ove ~or Submittal by: City Manager = City Clerk: i ~ ~ ~'`'~- Uate Submitted: 8/20/07 / ~ __,~ Ear Agenda of: 3/28J07 A i ne Ex ibita: Liaison List EXPEN®lTURE REt~UIRED: AI9AOUNT AVAILABLE !N APPROPRIATION BUDGET: REt~UIRE®: SUfi~IlARY Each year after the seating of a new City (~ouneil, the Mayor, under his/her matters at the first regular meeting, requests volunteers and makes assignments of City Council members to various regional boards and committees. The Mayor asks that each member revietn+ the list so that you know your preferences when the iter~n is addressed at the rneetincD. I=or the new members, a complete updated list of regional boards is attachQd. RECOki!l1~ENI~E®ACTICDN Mayor Coy will ask for volunteers and app~?ir~t City Council members accordingly. ~~ 1 r /5~, SEBASTIAN CITY C®UNCIL IIAEMBERS - LIAIS®NS T® CpUNT1r AN® REGI®NAL B®AR®S March 2006 -March 2007 BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Andrea Coy Alternate: vacant Location: County Admin Bldg. -1840 25th Street, Vero Beach, FL - 1st Floor Conf. Room A Frequency: 3fd Monday of Each Month - 3 pm Secretary: IRC Commission Office -226-1490 ECONOMIC DEVELOPMENT COUNCIL: (Indian River County) Current Member: Andrea Coy Alternate: AI Patemoster Location: County Admin Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conference Room Frequency: 3`d Tuesday of Each Month - 3 pm Secretary: IRC Commission Office - 226-1490 EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE: (Indian River County) Current Member. Sal Neglia Alternate: AI Paternoster Location: County Admin Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conference Room A Secretary: IRC Commission Office - 226-1490 Frequency: 3~d Thursday Every Other Month at 9:30 am LAND ACQUISITION ADVISORY COMMITTEE: (Indian River County) Current Member: Andrea Coy Alternate: Sal Neglia Location: County Admin Bldg. -1840 25th Street, Vero Beach, FL-1st Floor Conf. Room A Frequency: 4th Wednesday of Each Month-1:30 pm Secretary: IRC Commission Office - 226-1490 INDIAN RIVER COUNTY HOSPITAL DISTRICT PLANNING ADVISORY COMMITTEE: (Hospital District) Current Member. Staff Contact: Karen Deigl - 770-0935 Location: Indian River Memorial Hospital INDIAN RIVER COUNTY PARKS & RECREATION COMMITTEE: (Indian River County) Current Member: Chris McCarthy Altemate: vacant Lccation: Gounty Admin Bldg. - 1840 25th Street, Vero Beach, FL-1st Floor Conf. Room A Frequency: First Thursday of Month at 10:00 a.m. Secretary: IRC Commission Office - 226-1490 METROPOLITAN PLANNING ORGANIZATION tMP01: (Indian River County) Current Members: Two vacant seats Alternates: Sal Neglia & Andrea Coy MPO Citizen Advisory Committee: Don Wright (1), Deryl Seemayer (2) MPO Technical Adv Committee: Rebecca Grohall, Growth Management Director, alternate Dave Fisher, City Engineer Jerry Converse, Acting Public Works Director Joe Griffin, Airport Director MPO Bikepath Adv. Committee: vacant Location: County Admin Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conf Room A Frequency: MPO - 2nd Wednesday of each month -10:00 am CAC -1$' Tuesday of month - 2 pm TAC - 4th Friday of month - 10:00 am BAC -Last Monday of Month - 2 pm - 15' Floor Conference Rom A Vickie Phillips Secretary: IRC Commission Office - 226-1490 '/I 7~ ~.. PUBLIC SCHOOL PLANNING AGREEMENT (Indian River County) Elected Officials Oversight Committee Current Member: Mayor Coy Secretary: IRC Commission Office 226-1490 Location: Count Administration Building Time: Meets 2" Friday of April each year SEBASTIAN RIVER AREA CHAMBER OF COMMERCE: Current Member. AI Paternoster Alternate: Location: Chamber of Commerce Office - 700 Main Street -Sebastian Time: 3rd Thursday of Month - 8:00 am TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: AI Paternoster Alternate: vacant Secretary: IRC Commission Office - 226-1490 Location: County Admin Bidg. - 1840 25th Street, Vero Beach, FL -Commission Chambers Meets quarterly T,~EASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member; Sal Neglia Alternate: vacant Chairman: Thomas Cadden, Mayor of Indian River Shores Secretary: Laura Aldrich, Indian River Shores Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 34982 Time: First Wednesday of Month - 10:00 a.m. TREASURE COAST LEAGUE OF CITIES: (Municipalities) Cun'ent Member: Sal Neglia Location: Vero Beach City Hall Coordinator: Tammy Vock TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) 301 East Ocean Boulevard, Suite 300, Stuart,. Florida 34994 Curren# Member. Sal Neglia Alternate: vacant Location: Ramada Inn 1200 S. Federal Hwy. Stuart Send correspondence to: 301 East Ocean Boulevard, Suite 300, Stuart, FL 34994 Time: 3rd Friday of Month - 9:30 A.M. (call ahead for any changes) Contact: Liz Gulick Phone: 772-221-4060 Suncom: 269-4060 Fax: 772-221-4067 E-Mail: admin@tcrpc.org revised: 1/07 ~~o CITl° CAF ~~~3A~T9AfV A~~NDA ~' ~6~f1AITTAL Subject: Council Rttendance at fndian River Agenda N®. County Soard of Commission Meetings ' ®ep~art~ent ®rigi City Clerk Ap rc~v f Subrr~ittal by: City Manager ~ City Attorney: _ ~ _ Date ~t~brv~itted: 820/07 i n r Fir Agenda ~f: 3/28/07 ~ _~_.~.__,. ___®._._~_~. ___. _rM.,_~_® d ~~chibita: Schedule ~XPEIV®ITl1R~ R~~lJIR~~: AM47®f~IfVT AV~A ILA~LE 9N APPR®PRIATiQN ~U~~IaT: REQttIRE®: ~~~Ala~ Sebastian Council Members takes r~~onthfy turn~a attersding the fndian River County E3oard of Comrr~ission r~?eetings to look cut for iterr~s that mad, atfect tf~e City. Some g~aonths are is®tter for sor~ne rs~fe~r~fr~ers than ot~~ers Tease revie~r the schedule for your preference. lr~s the event you cannot attend a n~~eeting y~~u tiav~~ committed to please rnention it at a council meeting so tFtat anotf"ser rr~ember cap e take your place. o~?~I~I~PdL?~? A~"IfJN (~l _____ .~ / ~~ ~ ~~ '`` INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2007 MEETING DATES ',,''' ~-'r'. '' ~; ~~ January 9, 2007 - 9:00 a.m.. January 16, 2007 - 9:00 a. m. January 23, 2007 - 9:00 a.m. February 6, 2007 - 9:00 a.m. February 13, 2007 - 9:00 a.m. February 20, 2007 - 9:00 a.m. March 6, 2007 - 9:00 a.m. March 13, 2007 - 9:00 a.m. March 20, 2007 - 9:00 a.m. Apri13, 2007 - 9:00 a.m. April 10, 2007 - 9:00 a.m. April 17, 2007 - 9:00 a.m. May 1, 2007 - 9:00 a.m. May 8, 2007 - 9:00 a.m. May 15, 2007 - 9:00 a.m. May 22, 2007 - 9:00 a.m. June 5, 2007 - 9:00 a.m. June 12, 2007 - 9:00 a.m. Approved November 21, 2000 June 19, 2007 - 9:00 a.m. July 3, 2007 - 9:00 a.m. July l 0, 2007 - 9:00 a.m. July 17, 2007 - 9:00 a.m. July 24, 2007 - 9:00 a.m. September 4, 2007 - 9:00 a.m. September 11, 2007 - 9:00 a.m. September 18, 2007 - 9:00 a.m. October 2, 2007 - 9:00 a.m. October 9, 2007 - 9:00 a.m. October 16, 2007 - 9:00 a.m. October 23, 2007 - 9:00 a.m. November 6, 2007 - 9:00 a.m. November 13, 2007 - 9:00 a.m. November 20, 2007 - 9:00 a.m. December 4, 2007 - 9:00 a.m. December 11, 2007 - 9:00 a.m. December 18, 2007 - 9:00 a.m. ~- "~~,\ 1 ~~ ~f