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crrv ~~ ~~~~~ ~, _T ~~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 11, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER SIMCHICK 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER SIMCHICK We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal atfacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.070 A. 2008 Legislative Wrap-Up -State Representative Ralph Poppell (R-Vero Beach) 08.071 B. Nigel Hargreaves Sebastian Inlet Power Squadron -Announcement of Funding Award for Free Boating Courses 08.045 C. Keep Indian River Beautiful -Clean Sweep Challenge Presentation Brief Announcements 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. 1-13 08.072 15-26 08.069 27-34 A. Approval of Minutes - 5/28/08 Regular Meeting B. Authorize Council Travel and Registration to Florida League of Cities Annual Conference in Tampa from August 14-16, 2008 (City Clerk Transmittal, Info) C. Resolution No. R-08-09 -Amend City Council Meeting Times (City Clerk Transmittal, R-08-09) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-07-32; ESTABLISHING THE DATES AND TIMES FOR CITY OCUNICL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVDIING FOR PROCEDURES FOR AGENDA PREPARTATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVDIING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 08.073 35 08.074 37 08.075 39-46 08.076 47-50 D. Authorize Settlement in Case of Gulino vs. Sebastian in the Amount of $25,000 (City Attorney Transmittal) E. Authorize Settlement in Case of Kupiec vs. Sebastian in the Amount of $5,000 (City Attorney Transmittal) F. Approve Purchase of Golf Course Greens Mower from R & R Products in the Amount of $18,144.75 (Golf Course Transmittal, Quotes, Tab Sheet) 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. A. MPO Bicycle Advisory Committee Appoint Susan Mulcahey (City Clerk Transmittal, Application Will Be Provided Under Separate Cover, Ad) 08.001 51-56 B. Parks & Recreation Advisory Committee Interview, Unless Waived, Submit Nominations for One Position (Clerk Transmittal, Application, Ad, List) 2 10. PUBLIC HEARINGS Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Items A, 8 and C below were continued from the April 23, 2008 Regular Meeting to the June 11, 2008 Regular Meeting. Advertisement for the land use change hearing (item 8) ran on 4/7/08. • Item A is legislative first reading only. • Item 8 is a legislative first reading and public hearing for transmittal to DCA. • Item C is a first reading of a quasi judicial matter. 08.052 A. First Reading Ordinance No. 0-08-01 -Voluntary Annexation of Shady Rest Mobile 57-111 Home Park, 13225 US Highway 1 - 17.15 Acres (backup previously provided under separate cover -new information: transmittal, 4/23 minutes excerpt, petition, agreement) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Procedures for Qublic hearinos: (R-07-32) • Mayor shall announce the opening of the public hearing. • City Attorney reads Ordinance or Resolution • Chairperson, if appropriate, shall announce the rules that apply to the hearing. • City staff presentation • Applicant presentation • Public input. • City staff summation Mayor closes hearing • Council action 08.052 B. First Reading and Transmittal Public Hearing of Ordinance No. 0-08-02 -Land Use 113 -Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15 Acres - Riverfront Mixed Use (RMU) (transmittal, previous backup provided under separate cover) 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 RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.15 ACRES , MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 08.052 C. First Reading of Ordinance No. 0-08-03 -Rezoning (Quasi-Judicial) -Shady Rest 115 Mobile Home Park, 13225 US Hi hway 1 - 17.15 Acres -Commercial Riverfront Zoning (transmittal, previous backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH-8) FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 11. UNFINISHED BUSINESS 08.077 A. Lot Clearing Ordinance History (Separate Cover) 08.010 B. CDM Contract Work Authorization # 6 -Collier Creek Wall RFP (Engineering 117-124 Transmittal, Work Authorization, Exhibit A) 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 08.078 A. Discuss St. Johns River Water Management District Watering Guidelines - 125-157 (GMD Report) 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.023 A. Airport Workshop Update (no backup) 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mr. Neglia B. Mr. Paternoster C. Ms. Simchick D. Mr. Wolff E. Mayor Coy 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) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Conr.,il t~~~;eti~res ire ~< hE ~..i<. ; Live Brc~atic~st ~r~ Ccarrrc,Gzst t~har~ne] 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS lS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetinc,~s: June 18, 2008 - 7 pm -Special City Council Meeting-Charter Officer Evaluation June 19, 2008 - 10 am -Joint Meeting of Governmental Agencies - ISBA Agreement -Richardson Center VB June 25, 2008 - 7 pm -Regular City Council Meeting July 9, 2008 - 7 pm -Regular City Council Meeting July 23, 2008 - 7 pm -Regular City Council Meeting 4 cm c~ S :~.~MIIIIMI ~~u~ue~A~~ - - ~ ~. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 28, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Council Member Paternoster. 3. There was a moment of silence. 4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER PATERNOSTER 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 City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Building Director, Wayne Eseltine City Engineer, David Fisher Police Chief, Jim Davis Police Lieutenant, Greg Witt C Regular City Council May 28, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.066 A. Proclamation -Elder Law Month 1 Mayor Coy read the proclamation, however, there was no one in attendance to receive it. 08.067 B. Certificate of Appreciation - Andy Mandell, Mr. Diabetes, Executive Director of the Defeat Diabetes Foundation - 10,000 Mile Awareness Walk Mayor Coy presented the certificate to Andy Mandell, who presented a hat and information to the Mayor and gave a brief report on his Diabetes walk, and website defeatdiabetes.org. 08.001 C. Certificate of Appreciation to Jeff Kagan for Parks & Recreation Advisory Committee Service Mayor Coy presented a certificate to Jeff Kagan and thanked him for his service. Brief Announcements Mr. Paternoster announced that the Tourism Development Council had voted on bids for grants from various local agencies and only the Sebastian Historical Society was denied their bid for $5,000. He said he rallied for them and the requests for grants will now go to the Indian River County Commission with a request to find the money for them. Mayor Coy stated that Piper had announced today that they will stay in Vero Beach and that Governor Crist was in attendance. Ms. Simchick suggested residents send letters to the Commission on behalf of the Historical Society for their funding. Mr. Wolff congratulated all graduating seniors in Indian River County and reported on his attendance at the Scholarship Awards in Sebastian where $1.5 million in scholarships were given by various organizations and individuals. He also talked about Dollars for Scholars and praised those who raise and donate funding for all scholarships. ~' 2 Regular City Council Meeting May 28, 2008 Page Three 8. ITEMS NOT COMPLETED AT THE MAY 14, 2008 MEETING 08.031 A. Resolution R-08-04 -Florida Dept. of Transportation Supplemental Joint 3-12 Participation Agreement for Hangar Construction (Airport Transmittal, FDOT Letter, Agreement, R-08-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The Airport Director stated this resolution is to accommodate a grant name change from "t-hangars" to "hangars". Damien Gilliams, 1623 US 1, asked why the lease was not re-advertised like it was previously when J-Med bid on it, cited concerns expressed in a 4/2/08 FDOT letter and asked for the City Attorney's opinion. The City Manager responded, as requested by Mr. Paternoster, that staff had responded to FDOT concerns and they have cleared the process because the City did go out twice before, had an appraisal done and the enterprise was aviation related. The City Manager, in response to Mr. Paternoster, said the existing Administration Building is receiving nothing in rent at this time, has high maintenance costs, and the new tenant will help pay down debt and pay a portion of the utilities. He said the grant money in the amount of $1.425 million will not come from City coffers but mostly from federal AV gas taxes. He said the remaining $285,000 City share will be financed and offset by the lease payment. He said the airport must begin to work on its own and operate autonomously. Mr. Neglia said this is the direction in which we should be moving and hoped the City will have a long time relationship with LoPresti Aviation. Mayor Coy commended the City Manager and Airport Director for seeking this grant and said if the City does not take it someone else will. Ms. Simchick responded, for the benefit of the speaker, that we did not do an RFP because we are getting fair market value based on the appraisal prepared by Mr. Preuss. Mr. Wolff agreed with Council but asked, citing that jobs are a pivotal part of this agreement, how negotiations are going between LoPresti and Piper. The City Manager stated staff is not privy to negotiations between them but advised if LoPresti cannot certify 45 new jobs they will pay the full bill. Mr. Wolff inquired about progress on production of the Fury and how negotiations were going with New Mexico and the City Manager said LoPresti is surfing the market for the best location. 3 ~` J Regular City Council Meeting May 28, 2008 Page Four MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve Resolution No. R-08-04 authorizing the execution of the supplemental Joint Participation Agreement between the City of Sebastian and FDOT, titled "construct hangars." Roll call vote on the motion was as follows: Ayes: All Nays: None Passed 5-0 08.031 B. LPA Hangar Professional Services Contract (Airport Transmittal. Scope Estimate 13-22 Site Plan, Elevations. Floor Plan) The Airport Director said this item will approve LPA Group to provide services to get the specs ready in an amount not to exceed $46,852, and cited the timeline with construction completed by December 31, 2008. The City Attorney clarified that this comes under the existing general services engineering contract with the LPA Group and the purchase order will say we authorize the work to be done in exhibit A at the compensation listed on exhibit B and these are the only exhibits pertinent to the purchase order. Damien Gilliams, 1623 US 1, said the City was giving away the farm by taxpayers paying for professionals to prepare site plans and asked why LoPresti can't do it and what is the City's guarantee if they go bankrupt. Mayor Coy gave him a first warning stating his concerns have already been explained to him. Mr. Gilliams told her not to interrupt and Mayor Coy gave him a second warning. Cindy Falco-DiCorrado, Louisiana Avenue, Sebastian, asked if the new hires have to be Sebastian people and the City Manager said the requirement is just 45 people. Ms. Falco- DiCorrado said perhaps LoPresti can think about hiring Sebastian people and gave kudos to everyone for this agreement. Mr. Neglia said LoPresti will have to hire 18-20 more and hoped they will be locals. Richard Gillmor, Kroegel Avenue, Sebastian, cited page 16, task 2-3 and was concerned because it sounds like taxpayers are going to pay for furniture, equipment, signs and landscaping. The City Attorney said this is standard design build language to establish design guidelines and ultimately the cost allowance for furniture will be zero, that we considered these factors so we can tell them we will not provide them. Ms. Simchick said on page 22, exhibit E, the language is inconsistent and she had suggested that the City Attorney amend the language to say we are only supplying a shell. The City Attorney advised that exhibit E is not a part of this but simply a conceptual plan that was prepared to show how LoPresti will lay out the interior. Ms. Simchick requested that all --~ /t 4 Regular City Council Meeting May 28, 2008 Page Five contracts state "per tenant" with regard to interior improvements and change exhibit A to state simply "15,000 SF hangar building". In response to Mr. Wolff about fixtures, the City Manager said he had sent a memo today by a-mail (see attached) explaining these concerns. Bill Bodon, Easy Street, Sebastian, said this will lay a foundation at the airport and will be good for Sebastian. The Airport Director, in response to Mr. Paternoster, said the Administration Building has been without a tenant except Public Works since October 2006, and Mr. Paternoster noted people have not been knocking down doors, LoPresti will be the seed, and he is ready to support this. Mr. Wolff expressed concern for the $47,000 cost for LPA Group to say "you come back with a design to build a shed" and thought it an incredible amount of money. The Airport Director cited some of LPA's other tasks such as site design and permitting from other agencies such as St. Johns River Water Management District. Mr. Wolff expressed concern for other private individuals who might want to come into the airport and have to pay this amount upfront. As requested, the Airport Director cited the hourly costs for LPA to be from $60 to $124 per hour depending on the task. Ms. Simchick said this is not a time sensitive issue and said she must have clarity in the language before she can support it, her specific concern being exhibit E and again she requested that there be language that states any interior improvements are to be done by the tenant. Mr. Neglia said he would like to the see the language changed and come back to the next meeting. Mayor Coy said she would have no problem changing that language but disagreed we are building a shed, stating this is a $1.7 million project and citing an example of design costs for a sign currently under consideration by the VFW. The City Manager said LPA will create site plans, do governmental agency permitting, and construction oversight and agreed the cost is outrageous, but to start the RFP process for professional services again will take 3-4 months longer and would be costlier. He stated that only pages 15-18 (actually 14-18) are presented for Council consideration tonight and pages 19-22 are schematics that LPA did for staff to show Council where we are headed. He said if approved tonight it will go to P & Z for site plan approval but the site plan will not show interior improvements, and again Ms. Simchick asked to put in that all interior improvements are to be made by the tenant. The City Attorney said exhibit E is not what Council is approving tonight 5 ,! ~ Regular City Council Meeting May 28, 2008 Page Six Mr. Wolff expressed concern for task 1-2 interior space improvements and the City Manager responded it is within the scope. Ms. Simchick asked the Building Director to come to the podium and asked him questions about requirements for hangars. The Building Director said the tenant's intended use would drive how it is permitted, however he did say that storage of hazardous materials would require some storage or separate room with an one-hour firewall, and that typically in this type of use, planes would not be stored inside but rather worked on and stored outside. He said you would typically take a statement from a tenant about the intended use and then go from there. Ms. Simchick said the $2 per SF market value is not fair if this is to be industrial use and it is prudent to make sure the language protects taxpayers so they are not responsible for costs. Mr. Wolff said he understood what she was saying, that we applied for a grant for a hangar and the appraisal comps were for hangars and not manufacturing facilities and we are not within the specs of the grant. Ms. Simchick said we promised a 15,000 SF metal frame building and the appraisal was done in that manner, Mr. Preuss was not given the diagram in exhibit E, said she would not move forward like this and was unsure if FDOT is aware of this. The City Manager responded that the specs were not provided to Mr. Preuss because they were not done at the time they contracted with him for the appraisal, that FDOT saw the conceptual drawings in the packet and they are okay with it, that we are not at the point that we know what will go in the building, and advised Council that they will see the contract for construction before it is approved. Mr. Paternoster asked the Airport Director to give Council a timeline for the project. The City Manager cited the location of the appraisal comps as to cost and square footage. Ms. Simchick requested to mark exhibit E "per tenant". Mr. Neglia asked if we are going to go over the grant amount, and the City Manager responded we haven't bid yet and there is a chance you can build just a building and go over budget. Mr. Paternoster again asked for a timeline and the Airport Director concurred we are pressed for time. Mr. Wolff noted the timeline is on the transmittal. MOTION by Ms. Simchick and SECOND by Mr. Wolff to approve the purchase order for planning services by LPA Group with the modification on project description to read 15,000 SF hangar shell with no more improvements beyond basic necessities: bathroom, mechanical rooms, break room and office. s 6 Regular City Council Meeting May 28, 2008 Page Seven Discussion followed. The City Attorney read the amended language as follows: Project Description: The City of Sebastian, Florida desires to construct a 15,000 square foot hangar shell building with no interior improvements except as necessary for bathroom, mechanical, break room, and office and continue with location of Sebastian Municipal Airport X26. Result of the roll call vote was as follows: Ayes: Simchick, Wolff Nays: Paternoster, Coy, Neglia Failed 2-3 MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the LPA agreement with just the amendment change to 15,000 SF. The City Attorney read the amended language as follows: The City of Sebastian, Florida desires to construct a 15,000 square foot hangar building on a location at the Sebastian Municipal Airport X26. Mr. Wolff clarified that the City Manager will come back to Council before the construction contract is approved and the City Manager responded when Council awards the contract they will have all information and the site plan will go to P & Z on June 19 or early July. Result of the roll call vote was as follows: Ayes: Wolff, Coy, Neglia, Paternoster Nays: Simchick Passed 4-1 Mayor Coy called recess at 8:55 p.m. and reconvened the meeting at 9:09 pm. All members were present. 08.065 C. First Reading of Ordinance No. 0-08-04 -Requiring Planning and Zoning 23-2s Commissioners to Have One Year of Residency (City Attorney Transmittal, 0-08- AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2- 170 BOARDS, COMMITTEES, COMMISSIONS: QUALIFICATIONS TO ADD A ONE YEAR RESIDENCY REQUIREMENT FOR PLANNING AND ZONING COMMISSION; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-08-04 by title. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve Ordinance No. 0-08-04. The City Attorney noted the approval should be to pass on first reading and set public hearing. It was determined to set it for June 25, 2008. Regular City Council Meeting May 28, 2008 Page Eight Result of the roll call vote was as follows: Ayes: All Nays: None Passed 5-0 9. 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. 27-32 A. Approval of Minutes -May 7, 2008 Airport Workshop 33-45 B. Approval of Minutes -May 14, 2008 Regular Meeting MOTION by Mr. Neglia and SECOND by Mr. Paternoster to approve the May 7, 2008 and May 14, 2008 minutes passed on a voice vote of 5-0. 10. COMMITTEE REPORTS ~ APPOINTMENTS None. 11. PUBLIC HEARINGS None. 12. UNFINISHED BUSINESS 08.064 A. Approve Additional Funding for Trex Material for Pedestrian Bridges (City Manager 47-75 Transmittal, Info) The City Manager said the manufacturer of the bridges does not recommend using trex due to need for additional strengthening, and recommended rather than concrete, hard wood epoxy or wood be used, and asked for approval for staff to investigate lighting further and leave it to staff's discretion. Frank Watanabe, Neel-Schaffer, addressed Council stating Eco Bridges builds pre- fabricated bridges, that epi-wood would be slightly higher cost and that they support the use of wood. He said trex has also been found to have mold issues. The City Manager recommended against solar lighting because of increased cost of $7,000 per bridge. Discussion followed on deck material and the Mr. Watanabe's preference for yellow pressure treated pine due to its strength and lower cost. Cz a Regular City Council Meeting May 28, 2008 Page Nine Mr. Neglia said he had seen lawsuits involved with trex and concurred with wood and electrical lighting. Mr. Wolff concurred but expressed frustration about the high cost of lighting, at $50,000 for three bridges. He said he had talked to the City Engineer who was looking at other options to find a reasonable cost. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to move ahead with the bridges using wood and to have engineering look at all lighting options and get back to Council. The City Manager said he would like to move ahead and execute the contracts but continue to do more homework on the lighting issues which will be bought forward in the future on a consent agenda. Council agreed. Result of the roll call vote was as follows: Ayes: All Nays: None Passed 5-0 08.010 B. Council Comments on Revised Seawall RFP (City Manaaer Transmittal. Draft RFPI 77-94 The City Manager asked for Council comments on the revised RFP noting he would like to go to press tomorrow by 3 pm. Damien Gilliams, 1623 US Highway 1, commended Council for going out to bid again but suggested going out to only the people who assisted the City the first time. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the Collier Creek design-build RFP as stated. Mr. Wolff suggested adding a citizen to the selection committee to audit and give input to ensure the RFP process goes as smoothly as possible and for the sake of transparency and fairness. Mr. Neglia said he had someone in mind. The City Manager asked if this is what Council wants to do, they leave it to his discretion to select the individual. Mayor Coy said she thought someone living on the canal was not a good decision because they have an investment and would not be totally unbiased. Ms. Simchick suggested using another government official such as another city's engineer. Mr. Neglia said just give confidence to our staff and do it. The City Attorney advised Council cannot put someone on this committee since it is an administrative function that is laid out in Florida Statutes. He said Council could in the future adopt its own policies or rules on design/build by ordinance, said the City Manager is not limited to his own staff, and that government officials are immune from liability but a private citizen would not be. 9 ~ ,r' ~~ Regular City Council Meeting May 28, 2008 Page Ten The City Clerk reread the motion as requested, however the City Attorney said this is not a motionable issue. Mr. Paternoster withdrew his motion. Following further discussion, four Council members agreed that using another government official would be preferable to using a citizen, however it was left to the discretion of the City Manager. The City Manager said he was hearing that Council is happy with the scope of the RFP and he would let Council know shortly of his decision on adding another member to the screening committee. Discussion followed on contact from vendors, and members stated they would not respond. In response to Mr. Wolff, the City Attorney advised that receiving an election donation from a vendor would not be perceived as lobbying as long as there is no discussion about the issue, though for the candidate's own good, it would be wise to refuse. 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. AI Malone, Easy Street, expressed concern for speeders on Easy Street, asked why officers are not patrolling Easy Street, asked about lights out at the Yacht Club, and about uncomfortable benches in the riverfront that he had discussed with Dave Fisher, and requested grading be put in front of new culverts on Easy Street so a child won't crawl inside. Mayor Coy suggested that "street closed-local traffic" signs and barricades not be removed from Easy Street at 3:30 pm each day during construction. Mr. Paternoster said Mr. Malone had attended his forum and he had talked to the City Manager about this issue today. Cindy Falco-DiCorrado, Louisiana Avenue, recommended the City promote Sebastian's historical districts more and commended Harry Tanner for his work on behalf of the Historical Society and was sorry he didn't get his $5,000 grant. Damien Gilliams, 1623 US 1, said he had tried to sell a condo in the building where it was located and was told by staff he could not, he read the letter from GMD, and said he was stonewalled and then the person did open an office in another suite. Mr. Paternoster asked the City Attorney that if this is a legal issue should Council listen. The City Attorney said they should not respond and said he had responded to Mr. Gilliams' attorney. Mayor Coy asked Mr. Gilliams to move on to another topic and Mr. Gilliams said he was not asking for a response. He was given warnings but repeated he had a right to speak under the rules, so Mayor Coy gave him his third warning and asked him to leave. He was escorted from the podium by Chief Davis and Lieutenant Witt. ~d % io ~._- Regular City Council Meeting May 28, 2008 Page Eleven Mayor Coy called a recess at 10:16 pm and reconvened the meeting at 10:20 pm. All members were present. Chuck Lever, Mulberry Street, Sebastian, asked if anything had been done on his earlier request for awards to police officers on which Council voted 5-0, or the boat trailer parking fees he had suggested, noting 67 cities charge a fee. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting passed on a voice vote of 5-0. 14. NEW BUSINESS 08.069 A. Consideration of Meeting Start Time -Requested by Council Member 95-100 Paternoster (R-07-32 Meeting Procedures) Mr. Paternoster suggested starting regular meetings at 5:30 pm to enhance public participation and perhaps end meetings a little earlier for everyone. Ms. Simchick said she would have scheduling problems starting that early because of work and family concerns and suggested instead utilizing off Wednesdays for quasi hearings, an option set out in the procedures resolution. When asked by Ms. Simchick, the City Clerk said many years ago Council had workshops on the first Wednesday of each month, at which they would discuss issues at length and then act on them at the two regular meetings, then later added a provision for quasi hearings to take place at alternate Wednesdays due to a large number of quasi issues related to annexations which were taking whole meetings to complete. She said there are not many quasi issues now as there were then. Mayor Coy said she has Land Acquisition Committee meetings on Wednesdays that sometimes runs late. The City Manager suggested playing the quasi thing by ear. Mr. Wolff said he could start at 6:30 pm. It was the consensus of Council to move the time a'/2 hour earlier and directed staff to come back with an amending resolution. 15. CITY ATTORNEY MATTERS The City Attorney reported on a settled claim whereby the City will receive money for damages caused to the City. "`..".~. ~, 11 ~ ' Regular City Council Meeting May 28, 2008 Page Twelve 16. CITY MANAGER MATTERS The City Manager said the Press Journal is notified of Police Officer awards but if Council wishes we can give them publicly. Chief Davis said his officers are satisfied to receive them in house rather than at a Council meeting. Ms. Simchick suggested putting a list in the Pelican Brief so all residents will read it and the City Manager said he would do that. She suggested in the event of lifesaving, would they consider being awarded at a meeting. Ms. Simchick asked about the schedule for Airport citizen workshops and the City Manager said he is working on it. She said she wants to know the format, time and place. 17. CITY CLERK MATTERS None. 18. CITY COUNCIL MATTERS A. Manor Coy Mayor Coy thanked City Council members, the VFW and American Legion for the May 26tH Memorial Day Service in Riverview Park. She requested that the new SJRWMD rules be placed on the June 11th agenda if possible and Ms. Simchick requested a report from staff on the issue. B. Mr. Neglia Mr. Neglia reported that through the Sebastian Property Owners Association, he and Bruce and Barbara Zingman and their neighbors collected $550 at the last concert in the park for victims of the Palm Bay/Malabar fires. He thanked Mr. Zingman who was in attendance. He asked where new rules for parks were and the City Manager said he was working on them. He then asked about the ordinance for side yard vegetation removal and the City Attorney said staff is in full scale discussions with US Fish and Wildlife about the Habit Conservation Plan and suggested waiting until that is resolved, because USFW have problems with the ordinance. C. Mr. Paternoster Mr. Paternoster continued on the issue of the side yard vegetation removal ordinance and it was the consensus of Council to bring back the language the way it is currently written for review and direction to staff. ' ~ fl 12 ..~ Regular City Council Meeting May 28, 2008 Page Thirteen Mr. Paternoster said he had requested the City Manager to put a marquee out in front of City Hall to better promote meetings. D. Ms. Simchick Ms. Simchick said she asked the City Manager to make a sign for Easy Street Park and he advised her he had e-mailed her back. She said the City showed great camaraderie at the Memorial Service. E. Mr. Wolff Mr. Wolff asked the City Attorney for an update on the Firehouse Garage and marina parking issue and the City Manager said the Firehouse issue is back in their court. Mayor Coy announced there is a Concert in the Park on Friday, May 30th with Storm Riders from 5:30 pm to 8 pm. Mr. Wolff asked about the Economic Development Plan draft he had received from the Chamber and the City Manager said it will be scheduled for the July 9th meeting. 19. Being no further business, Mayor Coy adjourned the regular meeting at 10:55 pm. Approved at the June 11, 2008 Regular City Council meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ~-~~ ~y,,..,- 13 ~ ~ ,.~ ~J~1 ~~...~'" ~~ / crtr o~ J ~ ~' '" 9fit~ME t3F IsELIClsti 65L4t~t~ ~~ty of Sel~ast~an t~`~"~ ~ls°11 t1 l ') L ,Z~ ~]4rQ /~~` .y { ~s ~`~y i,P 6.b~7tl Gil ~p F14811dG[ 3L. el s~Ol Subject Travel Authorization for Council Agenda No: C~' ~~ jk.' }+ ~' Members to FLC Annual Conference - Tampa -August 14-16, 2008 Department Origin: Jerk's Office. r; City Attorney: Ap rov for Submittal by: Date Submitted: 5/26/ 8 For Agenda of: 6/11 /08 Exhibits: Meeting Info Expenditure Required: Amount Budgeted: Appropriation Required: Travel: $603.23 each Travel: $11,636.63 Training: $325.00 each Training: $3,600.00 N/A SUMMARY STATEMENT In accordance with the "Council and Charter Officer Travel Policy and Procedures" authorization for travel and registration for any Council Members that may wish to attend the Annual Florida League of Cities conference in Tampa from August 14 - 16, 2008 is requested. i i r RECOMMENDED ACTION At Council's discretion, move to authorize travel and registration for any Council Member wishing to attend the Florida League of Cities Annual Conference in Tampa from August 14- 16, 2008. I i j i i `' (Please advise Clerk's office as soon as possble if you wish to attend) ~ ~~ ~,. ....~ _._ ~ !~/, ~.-'f 2008 Conference Announcement General Information Page 1 of 2 F>i~or~tu~ Lr~~;u~ or C~•~•i~s, IIVC. t.:: ~,~,~. ~.;~;I,. ,,, ~ ~~a_ ~>~~ r fEl Tuesday, May 27, 2008 Who we are ~ I am a ~ I'm looking for ~ Member Database ~ Contact Us i Search ~ Site Index ( Home Conferences grad ~ Training > Events Calendar > 2008 FLC Gonfere:;ce !nformation > 2008 FLC Conference Exhibitor Information > Institute for Elected Municipal Officials > Advanced Institute > CRC Advisory 3oard Training > 2007 Municipal Marketplace > Membership Home Page 2008 FLC Conference General Information ~~:, ' 9 ~.-:_ Location/Dates Tampa Convention Center Thursday, August 14 and Friday, August 15, 2008 Tampa Marriott Waterside Saturday, August 16, 2008 Registration Hours ~~ Q ~ac~~ Thursday, August 14 ~ 7:30 a.m. - 7:00 p.m. (Convention Center) ~" 1 Friday, August 15 ~ ~ ~ ! C ~ ~ 7:30 a.m. - 5:00 p.m. (Convention Center) ~`' Saturday, August 16 _ .: 8:30 a.m. - 3:00 p.m. (Marriott) ~l -°~ ~•r °,:> , l.J .~ fir; / Cam(, /.~.-4'4,~. Deadlines Registration -Advance Conference Registration Forms must be postmarked on or before Friday, July 25, 2008. Online registration is now available. If you are unable to meet this deadline please register on-site. Note: Registration fees will increase to $355 for government and $520 for corporate registrants for all registrations done on-site, so we encourage you to register in advance. Hotel Reservations -The cut-off date for reservations at all conference hotels is July 21, 2008. Reservations must be made via FLC-provided housing forms only; no one will receive a housing form until after their paid registration is received. Please see housing information for more details. Included in Registration Fees City/County/Government ($325) and Corporate/Exhibitor/Sponsor/Other ($495): Name badge, admission to all conference sessions and exhibit hall, receptions, continental breakfast, refreshment breaks, Saturday's Past Presidents' Luncheon and Saturday's Installation Dinner. Note: Registrants are defined as any elected government official, or any employee of governments, organizations or corporations. Guest ($75): Name badge, admission to the exhibit hall, sessions, workshops, receptions, continental breakfast, refreshment breaks, and Saturday's Installation Dinner. Guest registration does not include the Past Presidents' Luncheon. Note: Guests are defined as spouses, partners or other non-professional relations of conference delegates. Guest registration may not be used for other government elected officials, staff or company representatives. Guest 13-18 years ($20) and Guest 3-12 years ($15): Name badge, admission to the exhibit hall, receptions, continental breakfast and refreshment breaks. Teen and Child Guest Registration does not include the Past Presidents' Luncheon or Saturday's Installation Dinner. Exhibit Hall Pass ($20): This pass allows family members and guests who are not registered for the conference to visit our vendors on Thursday and Friday. Passes permit access to the exhibit hall on Thursday afternoon, Thursday evening and Friday. The pass allows access the refreshment breaks in the exhibit hall and the Welcome Reception on Thursday evening, as well as Friday's Member Reception. The pass does not include drink tickets for either reception, but a cash bar will be available. The pass is not good for any other conference events, and is not equivalent to a registration. Cancellation Policy Conference registration cancellation must be done in writing by mail, a-mail or fax to the Florida League of Cities, Inc., P.G. Box 1757, Tallahassee, FL 32302-1757; a-mail the Meetin~s.Division; or fax (850) 222- , 3806. All cancellations received in the FLC office by 5:00 p.m., Friday, August 1, 2008, will receive refunds, ~ `'~. http://www.flcities.com/conference/announcement_general.asp 5/27/2008 2008 Conference Announcement General Information Page 2 of 2 minus a $50.00 cancellation fee. Refunds will be issued after the conference. Cancellation policies for conference hotels vary by property. See ho_using_nformation for more details Special Needs If you are physically challenged and require special services, or if you have special dietary needs, please attach a written description to your registration form, and to your housing form before you send it to the hotel. Contact Information For additional information, please contact Barbara Solis by phone: (850) 222-9684; fax: (850) 222-3806; e- mail; or write to Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757. Keynote Speakers Keynote speakers for the 2008 conference will include: Captain James Lovell Jr. Career Astronaut and Commander of Apollo 13 "Houston, we've got a problem!" Who can forget that memorable scene from the award-winning movie Apollo 13? Now you have a chance to hear the exciting and historic details from Apollo 13's actual commander -Captain James Lovell Jr. You'll hear riveting stories from his exploits as commander of the Gemini Mission Program, as backup commander to Neil Armstrong for the Apollo 11 lunar landing mission and leader of the perilous Apollo 13 mission in 1970. Today, he is president of Lovell Communications, a business devoted to disseminating information about the U.S. space program. Captain Lovell will help you discover your crisis leadership knowledge! Cynthia McCollum Council Member, City of Madison, Alabama, and President, National League of Cities Visionary leadership is what is offered by Cynthia McCollum! Her life is exemplified by untiring public service. Now she is the president of the National League of Cities -the oldest and largest organization representing municipal government. Many of our Florida cities belong to the National League of Cities. Come and learn about what NLC has to offer and what cities around the country are doing. Her experience and perspective on municipal service offers something for everyone. Joe Scarborough Former Florida Congressman and Host of MSNBC's Morning Joe The Chicago Sun-Times calls Joe Scarborough "an independent voice," and the San Francisco Chronicle says his show is "essential viewing." We think you'll readily agree with those assessments when you hear from the provocative, witty and insightful host of Morning Joe. Scarborough "tells it like it is" on everything from the war in Iraq, the current national administration and this year's presidential candidates. If you want smart, critically acclaimed analysis and commentary on today's key issues, then Joe Scarborough's the one for you. Be the first to hear it -only at the League's conference! Back to_ Top ~ Conference Home. ~ President's Letter ~ Top 10 Reasons ~ Workshop Tics ~ Tentati_ve _Pro ram ~ ~ Additional Activities ~ Housing_Information ~ Registration Information ~ Security and Privacy Terms of Use http://www.flcities.com/conference/announcement_general.asp 5/27/2008 ?008 Conference Announcement Housing Information Page 1 of 2 tfR{,~NA4 t~t+tG r. ~ ~+~ ._ '~nr ~RhrcF .. .a N lilllir ~, , ' ~..~~..~ ~LURlUA LIE~~;I!>E (>~ ~I`!'I18~~ ANC. E r' ~" ~.~~. <<, , ~~~~t _~ it ~ F '~~~~~~~ Tuesday, May 27, 2008 Who we are ~ I am a ~ I'm looking for ~ Member Database ~ Contact Us ~ Search ~ Site Index ~ Home conferences ar< ~ Training > Events Calendar > 2008 FLC Conference Information > 2008 FLC Confereroce Exhibitor Informatior~ > Institute for Elected ~fiu+7icipa! Officials > Advanced Institute > CRC Advisonp Fie; rd Training > 2007 Municipal i'Jlarketplace > Membership Horne Page 2008 FLC Conference Housing Information ' As this year's conference is primarily at the Tampa Convention Center, ~ r e at ~ there are three hotels holding room blocks for our delegates: the Tampa Marriott Waterside, the Embassy Suites Hotel Tampa Downtown and the Westin Tampa Harbour Island. All three hotels are within easy walking """` distance of the Convention Center. In addition, transportation will be ~akl ~ GI°i~~i t~~U provided. Specific details follow: Tampa Marriott Waterside ,M- r 1=- 700 S. Florida Ave. + f ~ /~ + ~ E, `~ (813) 221-4900 Rate: $142/night Parking: $18/valet; $10 daily drive-in only Cut-Off Date: July 21, 2008 Check-in: 4:00 p.m. Check-out: 12:00 p.m. Cancellation Policy: by 6:00 p.m. day of arrival Credit card required to guarantee reservations. Embassy Suites Hotel Tampa Downtown 513 S. Florida Ave. (813)769-8300 Rate: $142/night Parking: $20/valet; $12 daily drive-in only Cut-Off Date: July 21, 2008 Check-in: 4:00 p.m. Check-out: 12:00 p.m. Cancellation Policy: by 4:00 p.m. two days prior to arrival Credit card required to guarantee reservations. NOTE: The Embassy Suites is connected to the Tampa Convention Center via a skybridge. Westin Tampa Harbour Island 725 S. Harbour Island Blvd. (813) 229-5000 Rate: $142/night Parking: $121se1f; $16/valet Cut-Off Date: July 21, 2008 Check-in: 3:00 p.m. Check-out: 12:00 p.m. Cancellation Policy: 24 hours prior to arrival Credit card required to guarantee reservations. Dlr@CtIOnS Driving directions to each property will be provided with your registration confirmation. Room Reservations -IMPORTANT -PLEASE READ In order to protect our room blocks for conference registrants, it is our policy that no one will receive housing information until we have received your PAID registration. Once your registration is paid, you will be sent housing information via a-mail. (If you do not have an a-mail address, we will mail or fax the information to you.) NOTE: If you register online, but choose to mail in your check, you will not receive your housing information until your registration is paid. Please note that the reservation cut-off date at all conference hotels is July 21, 2008, and the rate is } . ~ A http://www.flcities.com/conference/announcement_housing.asp 5/27/2008 2008 Conference Announcement Housing Information Page 2 of 2 $742/night. It is important that you register for the conference early so you have plenty of time to make your reservations. Availability at all hotels is on a first-come, first-served basis. Remember that we are unable to guarantee reservations for anyone, nor the exact date on which the hotel blocks will sell out, so please register early. Back, to Top ~ Conference Home ~ President's Letter ~ Ge.neral_ Information ~ Top 10 Reasons ~ Workshop Topics ~ Tentative Program ~ Additional Activities ~ Registration Information ~ Security and Privacy Terms of Use Ei' ~ ,~ ~'"*, ~' http://www.flcities.com/conference/announcement_housing.asp 5/27/2008 ?008 Conference Announcement Tentative Program Page 1 of 4 a F~.ot~iu~ Lr:~~u>f 4r-Cr~~i~~, Itvc. ~~ ~d~~ ~~~F ~~~~,.~ Tuesday, May 27, 2008 Who we are ~ I am a ~ I'm looking for ~ Member Database ~ Contact Us ~ Search ~ Site Index ~ Home r Conferences ar1c~ Training 2008 FLC Conference Tentative Program* > events Calendar > 2,708 FLC Conference nformation ~ ~ r 2008 FLC Conference ~~~ .i ~ n (*Program is subject to change. Last updated May 21, 2008.) Exhibitor Information > Institute far Elected M!inicipal Officials ` n ~8!(~S ~ pr'8f~~ Stag > Advanced Institute - > CRC Advisory Board _ :. Training > 2007 Municipal August 14 2008 Thursday Marketplace , , (Convention Center) > l,4embership Home Page 7:30 a.m. - 7:00 p.m. Registration Desk Open 8:30 a.m. - 12:30 p.m. Pre-Conference Seminar - "Beyond Hybrids and Light Bulbs... Your City's Energy Policy" Co-sponsored by the Florida League of Mayors So your city, town or village is using compact fluorescents and has added hybrid vehicles to its municipal fleet. What's next? Will you be a leader in measuring and reducing greenhouse gas emissions, saving energy costs and planning for the future? How can your city take its climate change initiative to the next level? The Florida League of Cities is pleased to be partnering with the Trust for Public Land for this year's pre- conference session. This workshop will bring together local, state and national experts to discuss the ins and outs of climate change and energy policy in Florida. Aimed specifically at government leaders and staff, this half-day session will cover land use, transportation and energy. At this workshop you will: ^ Hear what the State of Florida is doing today to combat climate change, and how state programs can help you at the local level. ^ Learn what your peers around the state are doing, and how their programs reduce energy costs. ^ Find out what the most effective things are you can do today to reduce greenhouse emissions. ^ Get hands-on technical help to measure your local greenhouse gas emissions and develop a local climate and energy program. Additional registration fee of $45.00 required. Space is limited so pre-registration is required. A boxed lunch will be provided by the Trust for Public Land as part of the registration fee. 8:00 a.m. - 5:00 p.m. Technology Center Need to check the local news? Are you looking for that important a-mail? Just want to browse the Internet or catch up on some work? The Florida League of Cities Technology Center provides you the perfect place to do all that. No more carrying around a heavy laptop bag or walking around trying to find a wireless connection. The Florida League of Cities Technology Center will have eight PCs available during the entire conference for you to "stay connected"! And if you happen to have acomputer-related question, the FLC Technology Services staff will be glad to assist. 12:30 p.m. - 1:30 p.m. Florida League of Mayors Business Meeting For more information, contact Jenny Anderson at (850) 222-9684. 11:30 a.m. - 2:00 p.m. _--_ Florida Black Gauc~!s of Local E!ectsd Officials Luncheon ~ 1 For more information contact Commissioner Carlton 8. Moore, City of Fort Lauderdale, at ~'I Grp,. http://www.flcities.com/conference/announcement~rogram.asp 5/27/2008 2008 Conference Announcement Tentative Program cmoore@ fortla uderda/e.gov. 12:00 p.m. - 4:30 p.m. Municipal Marketplace Open 1:30 p.m. - 3:30 p.m. FLC Legislative Policy Council Meetings ^ Municipal Service Delivery ^ Fiscal Stewardship ^ Home Rule Administration ^ Urban Planning 3:30 p.m. - 5:00 p.m. International Relations Committee Meeting 4:00 p.m. - 5:00 p.m. Resolutions Committee Meeting Page 2 of 4 4:00 p.m. - 5:00 p.m. First-Time Attendees' Orientation If this is your first FLC Conference -Welcome! This workshop will acquaint you with the League, the conference program (with tips for the best use of your time), how to get involved in your local or regional league, FLC legislative policy councils and other municipal services. Come and join League officers, staff and your colleagues as each shares ways to take advantage of all that the League has to offer. Be sure to attend this important and informative session. 6:00 p.m. - 7:00 p.m. President's Welcome Reception Friday, August 15, 2008 (Convention Center) 7:30 a.m. - 5:00 p.m. Registration Desk Open 8:00 a.m. - 2:00 p.m. Municipal Marketplace Open 8:00 a.m. - 5:00 p.m. Technology Center See Thursday for more information. 8:45 a.m. - 10:15 a.m. Opening General Session Featuring the E. Harris Drew Award presentation and a Keynote Presentation by Captain James Lovell Jr. 10:45 a.m. - 4:45 p.m. Workshops (Topics and speakers to be determined.) 11:45 a.m. - 3:15 p.m. Grants and Technical Assistance Resource Center This unique and valuable session will provide you with grants information, technical assistance and other resources that are available to your city. The Resource Center is specifically designed so that you may drop by at your convenience to meet with representatives from various state, federal and nonprofit organizations that provide grants and other services. Preview the 2008 version of League's popular grants exchange guide, Financial and Technical Assistance for Florida Municipalities, which will be sent to your city. You will want to check this session as a "must attend"! 11:45 a.m. - 1:00 p.m. Women Elected to Municipal Government Luncheon Luncheon by invitation only. If you do not receive your invitation, please call Suzanne Vale, president, at (813) 891-6688. 11:45 a.m. - 1:00 p.m. .+~ "~~' Sidewalk Cafe in Exhibit Hall (Cash Sales) ~..,. http://www.flcities.com/conference/announcement~rogram.asp 5/27/2008 ?008 Conference Announcement Tentative Program 1:45 p.m. - 3:00 p.m. Florida Association of City Clerks Workshop "Public Records and Sunshine Law -First Amendment Foundation" 5:30 p.m. - 7:00 p.m. Installation Dinner Ticket Exchange (At the Tampa Marriott Waterside) 5:30 p.m. - 6:30 p.m. FLC Member Reception Join your colleagues for casual networking after a day of informative sessions. (At the Tampa Marriott Waterside) Evening Open Saturday, August 16, 2008 (Marriott) 7:00 a.m. - 3:00 p.m. Installation Dinner Ticket Exchange 7:30 a.m. - 9:00 a.m. Various Local/Regional League Breakfast Meetings Contact your local league for more information. 8:00 a.m. - 12:30 p.m. Technology Center See Thursday for more information. 8:30 a.m. - 3:00 p.m. Registration Desk Open Page 3 of 4 9:00 a.m. - 10:45 a.m. Second General Session Featuring Keynote Presentations by Joe Scarborough and National League of Cities President Cynthia McCollum. 11:00 a.m. - 12:15 p.m. Workshops (Topics and speakers to be determined.) 12:30 p.m. - 2:30 p.m. Past Presidents' Luncheon Voting Delegate Registration, Business Meeting and awards immediately following luncheon. 5:30 p.m. - 10:30 p.m. Childcare Provided Pre-registration required -see childcare registration form. 6:00 p.m. - 10:00 p.m. Installation Dinner NOTE: Due to seating limitations, we ask that parents of children under five years old take advantage of our complimentary childcare service. See enclosed form for details. Schedule and speakers subject to change. Back_to Top ~ Conference. Home ~ Pres~denYs Letter ~ General Information ~ Top 10 Reasons ~ Workshop Topics ~ ~ Additional Activities ~ Housing Information ~ Registration Information ~ Z3 http://vwvw.flcities.com/conference/announcement~rogram.asp 5/27/2008 2008 Conference Announcement Registration Information Page 1 of 2 ~fl ~~ ~,.~ .... 1111 lily d- `"" fps. .~.t ~~It ~ ~~B Il111 FLQRIDA Lr~~u~ ol~ C~~~>«s, INC. I :.. .,~-~ _,.. ~~~„~ .~~~P ~~~~_~ Tuesday, May 27, 2008 Who we are ~ I am a ~ I'm looking for ~ Member Database ~ Contact Us ~ Search ~ Site Index ~' Home r Conferences anti '~raininq 2008 FLC Conference Registration Information > Events C2lendar > 2008 FLC Conference information ~ ~ > 2008 FLC Conference ~~~~ r MdII Re istrations i g Exhibitor Information > Institute for Elected ~~ ',.., Download t he registration form to register for the conference. Register early Municipal Officials to avoid delays. Mail your conference registration form with payment to the Ma~~ ~ G(aeat State > Advanced Institute Florida League of Cities. No purchase orders or telephone registrations will be accepted. > CRC Advisory Board ` Training Online Registration > 2007 Municipal Online registration is now available. Simply fill out the online application, much like you would when using our Marketplace paper format, select your method of payment and your application will automatically be sent to the Florida > Membership Home Page League of Cities. For your convenience, the costs for all registration choices are automatically totaled for you. Remember: A user name and password are now required to access online conference registration. If you need help with logging-in, please contact Anjie Cheatham at (850) 222-9684. If you register_online there are two payment options. You can send your registration fees by check to the Florida League of Cities. (NOTE: You are not registered until we receive your payment and you will not receive your housing information until your registration is paid.) Or, you can simply pay online with your Visa or MasterCard. Registrations submitted and paid online via credit card will automatically be marked as paid and you will receive your conference confirmation immediately via a-mail! Conference confirmations include your registration information, totals and registration number for your reference. Please check your confirmation carefully to verify that all information is correct. Please inform the League immediately of any errors. Registration Fees The registration fees for the 2008 annual conference are: • City/County/Government: $325.00' • Guests: $75.00 • Guests (3-12 years): $15.00 • Guests (13-18 years): $20.00 • Corporate/Exhibitor/Sponsor/Other: $495.00* • Pre-Conference Seminar: $45.00 • Exhibit Hall Pass: $20.00 • Extra Luncheon Ticket: $40.00 • Extra Banquet Ticket: $80.00 'Registration fees will increase to $355 for government and $520 for corporate registrants for all registrations done on-site. City/County/Government ($325) and Corporate/Exhibitor/Sponsor/Other ($495): Name badge, admission to all conference sessions and exhibit hall, receptions, continental breakfast, refreshment breaks, Saturday's Past Presidents' Luncheon and Saturday's Installation Dinner. NOTE: Registrants are defined as any elected government official, or any employee of governments, organizations or corporations. Guest ($75): Name badge, admission to the exhibit hall, sessions, workshops, receptions, continental breakfast, refreshment breaks and Saturday's Installation Dinner. Guest registration does not include the Past Presidents' Luncheon. NOTE: Guests are defined as spouses, partners or other non-professional relations of conference delegates. Guest registration may not be used for other elected government officials or staff. Guest 13-18 years ($20) and Guest 3-i2 years ($15): Name badge, admission to the exhibit hall, ~~ receptions, continental breakfast and refreshment breaks. Teen and child guest registration does not http://www.flcities.com/conference/announcement_registration.asp 5/27/2008 2008 Conference Announcement Registration Information. Page 2 of 2 include the Past Presidents' Luncheon or Saturday's Installation Dinner. Exhibit Hall Pass ($20): This pass allows family members and guests who are not registered for the conference to visit our vendors on Thursday and Friday. Passes permit access to the exhibit hall on Thursday afternoon, Thursday evening and Friday. The pass allows access to the refreshment breaks in the exhibit hall and the Welcome Reception on Thursday evening, as well as Friday's Member Reception. The pass does not include drink tickets for either reception, but a cash bar will be available. The pass is not good for any other conference events, and is not equivalent to a registration. Deadlines/Cancellations Advance registration forms must be postmarked on or before Friday, July 25, 2008. If you are unable to meet this deadline, please register on-site at the conference registration desk. Conference registration cancellation must be done in writing by mail, a-mail or fax to the Florida League of Cities, Inc., P.O. Box 1757, Tallahassee, FL 32302-1757; a-mail the Meetings Diyson; or fax (850) 222- 3806. All cancellations received in the FLC office by 5:00 p.m., Friday, August 1, 2008, will receive refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference. No refunds can be made after August 1 or for early departure from the conference. Back to Top ~ Conference Home ~ President's Letter ~ General- Information ~ Top_10 Reasons ~ Workshop Topics ~ ~ Tentative Program ~ Additional Activities ~ Housing Information ~ Security and Privacy Terms of Use L.-- ."" http://vwvw.flcities.com/conference/announcement_registration.asp 5/27/2008 2008 Conference Announcement Optional Activities Page 1 of 1 - __ ~o D~l'~~ ~ ~~ ~ ~!lir'li ~ ~ / t ~l~~if~lllll ~t~~xt>a~ Lr;~~u>~ a>F Cr,>!•~>r~s, INC. i~;~ ~ -~~~: ~ ~~~ ~~~~tr~ Tuesday, May 27, 2008 Who we are I I am a I I'm looking for I Member Database I Contact Us I Search I Site Index I Home r Conferences and Training 2008 FLC Conference Additional Activities > Events Calendar > 2008 FLC Conference Information Family Activities r > 2008 FLC Conference Tampa's trolley car line is located just steps away from the conference ~ r e a~ Exhibitor Information hotels. It provides a link to all sorts of entertainment, from shopping and nightlife at Channelside, to the wonders of the Florida Aquarium, and finally > Institute for Elected Municipal Officials onto historic Ybor City. Other attractions in Tampa include the Lowery Park Make A great State Zoo and Busch Gardens, and the beautiful beaches of St. Petersburg and > Advanced Institute ~ ~ ' Clearwater are only a few miles away. For more information, visit ~ > CRC Advisory Baard www.visittampabay,com. Training > 2007 Municipal Installation Dinner Childcare Marketplace Childcare services will be available on Saturday, August 16, from 5:30 p.m. until 10:30 p.m. during the > Membership Home Page Installation Dinner. This service, provided by the League through Sitter Solutions, will be offered at no charge, but pre-registration is required. The League will provide pizza, popcorn and drinks. Sitter Solutions will provide quality childcare with loads of activities and games, including basketball. Toys will be provided for children 1 - 3 years old, as well as videos for quite time. Pillows and blankets will also be available. Agenda 5:30 p.m. - 6:00 p.m. Registration 6:00 p.m. - 7:15 p.m. Dinner 7:15 p.m. - 9:30 p.m. Activities 9:30 p.m. - 10:30 p.m. Quiet Time and Videos 10:30 p. m. Closes Please be sure to pick up your child by 10:30 p.m. In order for us to provide this service, you will need to fill out the Childcare Re istration Form so we can determine how many sitters will be needed. Please return childcare forms to Barbara Solis, Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757 or fax to (850) 222-3806. This service is licensed, bonded, insured and CPR trained, and there is no cost to you. Installation Dinner Ticket Exchange When you pick up your packet at registration, you will receive a coupon to exchange for an Installation Dinner ticket. This year, the ticket exchange booth will be open at the Marriott twice: Friday, August 15 from 5:30 p.m. unti17:00 p.m. (during the Member Reception) and Saturday, August 16 from 7:00 a.m. unti13:00 p.m. This procedure will give you the opportunity to pick the table at which you want to sit. You must exchange this coupon for a ticket. Back_io Top ~ Conference Home I President's Letter ~ General_Information ~ Top 10 Reasons ~ Workshop_Topcs ~ I Tentativeprogram (Housing Information ~ Registration Information ~ Security and Privacy Tsrms of Use „ ,.-'F http://www.flcities.com/conference/announcement_activities.asp 5/27/2008 {py ~ ' I ~_ HC1ME OF PELECRht IS(ANE~ City of Sebastian 1225 Main Street Sebastian. Florida 32958 g ~ `~ ` Review Resolution No. R-08-09 -City ) Council Meeting Procedures -New ,~' Me tin ime ~ Department Ori i ~ i Clerk r City Attorney: i ager Date Submitted: 6/4/08 For Agenda of: 6/11/08 Exhibits: R-08-09 SUMMARY STATEMENT City Council, at its May 28, 2008 Regular Meeting, directed staff to amend the Council meeting procedures resolution to change meeting time to 'h hour earlier. Based on Council discussion that evening, the start time is changed to 6:30 pm and the adjournment time to 10 pm with the ability to extend to 10:30 pm. If this was not the intent of Council the resolution can be amended prior to adoption. RECOMMENDED ACTION At Council's discretion, approve Resolution R-08-09. ~~ Zs RESOLUTION NO. R-08-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-07-32; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND 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, the City Council of the City of Sebastian, Indian River County, Florida, wishes to change the meeting times to start earlier; and 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. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at X99 6:30 p.m. and shall adjourn at 10:3800 p.m. unless extended by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to the agenda deadline for that next meeting, items are placed on a special meeting agenda. B. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjourn no later than 10:3900 p.m, unless extended by a maiority vote of Cit Council members present. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. C. 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 and shall begin no earlier than 5:00 p.m. Special meetings shall adjourn at 10:3900p.m. D. Quasi-judicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. E. Extension of Adjournment Time. A meeting may be extended beyond the time set for adjournment by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the meeting and the motion shall be for no more than a thirty (30) minute extension. L 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 the current edition of Robert's Rules of Order Newly Revised* 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. (*language prescribed by Robert's Rules) 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 Council Member must vote on all motions unless a Council Member has a conflict of interest. A Council Member 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, or move an item on the agenda 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 Ciry Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote without need of amending this Resolution. Any public presentations allowed shall be placed under Public Input or New Business, unless at the discretion of the City Manager or the majority of Council an item is considered an emergency or timely matter. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. Where applicable, 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. f 2 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Applicant presentation, if necessary. 6. Public input. 7. City staff final comments and recommendation, if any. 8. 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, or a continuance may be indefinite and subject to being renoticed. 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. SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Regular Meetings. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item, however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. Input Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. 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. 3 "~ ~_~ "'°..~~, 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. C. Chair to Control Meeting. In controlling the meeting during public input, the Chair will take the following actions: 1. First Offense -verbal warning to move on. 2. Second Offense -offender is directed to be seated. 3. Third Offense (refusal to be seated or other disruptive acts) - offenderwill be asked to leave the premises. D. Appealing Decisions of Chair. Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. E. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. SECTION 9. 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 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution merely provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules. A. 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. B. 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 11. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-07-32. _ ~`~ 4 ,,~ ,>1 ~~~ SECTION 12. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member was seconded by Council Member ,and upon, being put to a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2008. CITY OF SEBASTIAN, FLORIDA By: Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney 5 ...., `'" ,~ ,'~ .~~ .. ~"`` EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all commenfs to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 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. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for Public Hearings: Mayor opens hearing Attorney reads title Applicant presentation if necessary Staff presentation Public input Staff summation Mayor closes hearing Council action 11. UNFINISHED BUSINESS 12. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vofe of City Council) Revised 11/14/07 by action of Council to move Public Input After Unfinished Business -Sam 6 ~~ , '~... -'' City of Sebastian, Florida ~~~ ~~ ~~~ ~~ ~~~~~ r AGENDA TRANSMITTAL ~~ Agenda No. t ~;' , t.y .. ~, Subject: Authorization of settlement; Gulino v. City Date Submitted: 6/5/08 For Agenda of: 6/11/08 SUMMARY: This litigation stemmed from an incident many years ago in which an elderly lady tripped over a sprinkler head during a funeral at the City Cemetery, and shattered her shoulder. Although the City maintains agrass-free area around the sprinkler heads so that their presence is obvious, the company preparing the funeral service had placed carpeting over the area around the grave, and the edge of the carpet just covered the sprinkler area. The Plaintiff had sued the City, the funeral home in charge of the service, and the company that prepared the gravesite. I had attended mediation for this matter and, although the City did not settle, shortly after the session concluded when I had left, the parties were chatting and our carrier (the Florida League of Cities) agreed, along with the other defendants, to settle. Although, from a purely technical standpoint, I am of the opinion that only the City Council can authorize settlement of a suit, under the terms of the insurance coverage control of litigation has been delegated to the insurer. Consequences of interfering with their handling of the case are very unfavorable. As a formality, I always bring these settlements to Council for authorization prior to paying any deductible due the insurer. Because I was disturbed by the manner in which settlement of this case was handled, I have refused to process payment for over a year while requesting that the supervisors at the League discuss the matter with me. I have now had the discussion with the representatives from the League, and am prepared to recommend the payment of our $25,000 deductible. I believe that withholding payment has, in fact, resulted in a greater sensitivity on the part of the League to defending questionable legal actions against the City instead of settling to avoid litigation expenses. To keep our actions in line with the law, I request formal Council authorization despite this being somewhat of a fait accompli. RECOMMENDED ACTION: Authorize settlement in the case of Gulino v. City for $25,000. REVIEWED BY CITY CLERK: _~~~%N`' AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ___, ~~~'. . „~~ ., .^'''~ '' t ~ ~' ~,, ~~ City of Sebastian, Florida o~~~ o~ ~~~~ ~~ ~~~o~~ AGENDA TRANSMITTAL Agenda No. a ~ ~ ~°~ ~~ ~~ Subject: Authorization of settlement; Kupiec v. City Date Submitted: 6/5/08 For Agenda o£ 6/11/08 SUMMARY: This litigation stemmed from a 2003 incident in which a young man playing apick-up basketball game on the court next to the Community Center was attacKed by a fellow player, being hit in the head with a shovel and suffering extensive trauma to the brain. The Plaintiff had sued the City claiming that the area was known to be dangerous and adequate security precautions were not taken by the City. In the course of litigation, the City insurance carrier made a formal Offer of Settlement for $5000, which would is a device that allows for award of attorneys fees to the City if the claimant receives less than the offered amount. Seeing the weakness of their case, the Plaintiff accepted the $5000 offer, despite massive damages from the incident, and the case settled. Although, from a purely technical standpoint, I am of the opinion that only the City Council can authorize settlement of a suit, under the terms of the insurance coverage control of litigation has been delegated to the insurer. Consequences of interfering with their handling of the case are very unfavorable. As a formality, I always bring these settlements to Council for authorization prior to paying any deductible due the insurer. To keep our actions in line with the law, I request formal Council authorization to approve settlement. RECOMMENDED ACTION: Authorize settlement in the case of Kupiec v. City for $5,000. REVIEWED BY CITY CLERK: _~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ~ f ~,r,, ~r~ .. ~~.,,.~ _..,4 ~~~ Cllr OF µr ~ ~_ Ht}7V1E C3F PELtC44IV 15L~4N® CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Budgeted purchase of greens Agenda No. `~ "~, 4~, .~,"~ mower. ours~, ~ Department Origin: Go~ Appr ved f Submittal by: City Manager ~ Finance Director: ~~........ City Attorney: ~ ~ City Clerk: -~L-'~ Mr. re Minner Date Submitted: June 2, 2008 For Agenda of: June 11, 2008 Exhibits: Quotes, bid tabulation sheet EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $18,144.75 $20,000 REQUIRED: $0 SUMMARY The approved 2007-08 Golf Course Greens budget included a capital request of $20,000 for a golf course greens mower. Included in this packet, is a bid tabulation sheet, which indicates three quotes obtained for this greens mower. As the bid tabulation sheet indicates, the best quote is from R & R Products of Tucson, Arizona. The quote entails all items needed for a complete greens mower (including reels) and also provides for complimentary freight. The purchase of the greens mower will help ensure the best possible turf conditions and cut of the turf will be accomplished on the golf course greens. The new greens mower will be replacing greens mower #0794, which is a 1993 Toro 3100 Greensmaster. This mower, which is now fifteen years old, is beginning to become a maintenance issue, as repairs are becoming more and more common. Like all expenditures at the golf course, the monies used to purchase the new greens mower will come from the golf course enterprise fund. RECOMMENDED ACTION Move to approve the purchase of a Versa greens mower in the amount of $18,144.75(under budget request by $1,855.25) from R& R Products. The budgeted expenditure of the greens mower will be paid from the golf course enterprise fund. ,~,.•°.` T ~,` ;1 `` R&~ PR~~UICTS-~ 1 i~lC. ~ TUCSON, ARIZONA 3334 EAST MILBER ST ~~®~,~~~~ TUCSON, AZ 58714 Phone: 1-800-528-3446 Fax: 520-294-1045 Date Printed: 5121/2008 Customer number: 329785 Customer Reference Number: Robert Customer: Sebastian Muni Golf Course Attn: Golf Course Maintenance 1225 Main Street Sebastian FL 32958 PART # DESCRIPTION ~ UNIT PRICE DISCOUNT PRICE TOTAL RVG186APS VERSA GREEN MOWER 1 EA $15,185.00 $15,195.00 POWER STEERING 1 EA INCLUDED INCLUDED BASKETS 3 EA INCLUDED INCLUDED LUXURY SEAT 1 EA INCLUDED INCLUDED HALOGEN LIGHTING PACKAGE 1 EA INCLUDED INCLUDED 18 HP BRIGGS 8~ STRATTON ENGINE 1 EA INCLUDED INCLUDED 8150201 G 1 POINT ADJ CUTTING UNITS 3 EA $983.2S $2,949.75 812-278911 BLADE REEL 3 EA INCLUDED INCLUDED 863-8470 THIN BED KNIFE 3 EA INCLUDED INCLUDED 821-6540 FRONT GROOVED ROLLER 3 EA INCLUDED INCLUDED 852-3120 REAR SOLID ROLLER 3 EA INCLUDED INCLUDED SU03 TOTAL; $18,144.75 TAJC: FREIGHT: FREE TOTAL: $18,744.75 2 Year Warranty All RBcR Products Turf Equipment is covered by a parts only warranty against defects in material and workmanship for a period of 2 years or 2,000 hours, whichever occurs first. Normal wear parts such as reels and bed la~ives are warranted against defects in materiat and worlananship under normal use for the life of the psrt. Eitgule :~~r: ant; is ±h.*o~.2bh t~e engir-e *~aTsllfa~tnrr±.r, Current Estimated Delivery Time is 6 to 8 Weeks Payment Terms 50% Dne at time order is approved 25% Due at time of delivery 25% Dae Net 30 Days Prepared For SEBASTIAN MUNICIPAL GOLF Prepared By NATAUE ROY COASTAL EQUIPMENT SYSTEMS 5287 NEW KINGS ROAD Coastal JACKSONVILLE , FL 32209 Equipment Phone : (904)924-9624 Systems, Inc. JOHN DEERE JCASSIDY@COASTALE~UIPMENTSYSTEM.COM Prepared For SEBASTIAN MUNICIPAL GOLF 701 AIRPORT DR E SEBASTIAN , FL 32958 Business Phone : (772589-6800 Contact Name : R08ERT ETNRIDGE Business Phone : (772589-6801 Prepared By NATALIE ROY 5287 NEW KINGS ROAD JACKSONVILLE , FL 32209 Phone : 8fi3-557-8498 NCANIER@COASTALEQUI PMENTSYSTEM.COM Creation Date Expiration Date Quote {d Quote Expires :Jun 22, 2008 __~ ~~ ~ , d May 22, 2008 Jun 22, 2008 2269885 EBSE-696-E96 Rai atie~,eN d8b=E0 BO ~Z ~gW Prepared For SEBASTIAN MUNICIPAL 60LF Equipmen4 Name :John Deere 25006 RGM GAS Serial Number Prepared By NATALIE ROY Equipment ®uantity: 1 '.' - ~ ~~. .Y .J• r~i'f. -n ~~~~+:~'~.~~,:ify~r~~>.~s rti~i R._V'.l'.'•' - ."'~.-~•. ~: 57 !%': E::..Y~~.'^`:~: C 1201 5008 'ding Greens ower- as 1 1002 3) leven lade 221n. (55.9 cm) Cutting Units Wit djustabte knife, 5 In. (12.7 cm) Diameter Reels and Molded ne-Piece Grass Catchers 1 2002 3) 22 In. 2 In. (5 cm) Qiameter Machined rooved Solid Fronk oilers With Solid End Caps 1 3001 3) Smooth Floatation Tires and Wheels (18x10.50-10) 1 BM19746 fight Kit, ront ~ PC9586 arts Manual 1 TM1700 ech Manual 1 ~... otal $21,6 4.0 Salesperson: Total quipment 21,684.0 ubtotat 24,6 A 0.0 0. 0.0 0 21, .0 alance l?ue 21,684. Accepted By: X Note 1: To accept proposal, please sign and fax to 904-861-0037. Note 2: Quote subject to all applicable taxes. Note 3: Cluote subject to availability. Note 4: Quotations for the equipment named are subject to the following conditions: the price and terms on this quotation are not subject to verbal changes or other agreements unless approved in writing by the Home Office of the Seller. All quotations and agreements are contingent on availability of product from tfie manufacturer. Discounts are based on cost and conditions existing on the date of quotation and are subject to change without notice. Typographical errors are subject to correction. Conditions not specifically stated herein shall be governed by established trade customs. Quote Expires :Jun 22, 2008 ~`L~~A ~~`'~ -~~ ;'r ,,, E'd EBSE-696-E98 RoN atieq.eN dgt,eEO BO ZZ Rey -i May 9, 2008 `/~ ~~ ~.~ , Mr. Robert Etheridge Sebastian Municipal Golf Course 101 E. Airport Drive Sebastian, FL 32958 Dear Mr. Etheridge: G~@~D 1301 N.W. THIRD STREET / DEERFIELD BEACH, FL 33442 TEL: (954) 429-3200 ^ FAX: (954) 360-7657 Via Fax: 772-589-1457 We are pleased to offer the enclosed quotation for your consideration. The enclosed quotation is based upon your acceptance within thirty days (30) from the date of this letter and is subject to manufacturer's availability and Florida State Sales Tax (if applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 30 Days. Thank you for the opportunity to provide you a quotation. If you have any questions or require additional information please contact me at (954) 429-3200 Extension 310. We appreciate your interest and look forward to doing business with you. Sincerely, HECTOR TURF ;mot w~ ~ ~~- uane Cyr Account Representative Commercial Products DC:jac Enclosure 1301 N.W. THIRD STREET / DEERFIELD BEACH, FL 33442 TEL: (954) 429-3200 ^ FAX: (954} 360-7657 Quotation Provided for Sebastian Municipal Golf Course May 9, 2008 Q Model # Descri tion Unit Price Extension 1 ea 04357 _ Toro Greensmaster 3150 with: - 18 HP Vanguard Engine - 2 Year Limited Warranty $21,636.00 $21,636.00 3 ea 04611 11 Bladed DPA Cutting Units 1,970.00 5,910.00 1 ea 04626 Narrow Wiehle Rollers 874.00 874.00 Subtotal $28,420.00 Florida State Contract Discount (5,968.20) Total $22,451.80 Pricing per Florida State Contract # 515-630-06-1 Effective 5/17/06 - 5/16/09 Note: - Issue purchase order to Wesco Turf Supply, Inc - Shipment and service via Hector Turf Provided by: Duane Cyr 954-429-3200 ,,~,,n.. 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Florida 32958 Agenda No: ~~ t~~, ~ u~ ~. MPO Bic cle Advisory Committee - S bas ' Representative ~ , Department Origin: Ci Clerk City Attorney: M Hager Date Submitted: 6/5/08 For Agenda of: 6/11 /08 Exhibits: Ad and Membership List SUMMARY STATEMENT Since December 200 6 we have been advertising for a Sebastian resident to represent the City on the MPO Bicycle/Pedestrian Advisory Committee. Richard Wetherald, Bike Depot had served as the member for several years and had to resign. In conversations with Susan Mulcahy, who is a long time resident of Sebastian and physical therapist with Vero Orthopaedics in Sebastian, she has expressed interest in serving as the representative because she is interested in seeing more sidewalks and bikepaths in Sebastian and Indian River County. The MPO BAC meets on the 4th Thursday of each month in Indian River County and Ms. Mulcahy's work schedule will accommodate the meetings. I will ask her to fill out an application and provide it to you before the meeting for the record. The City Manager, who is currently filling the position, has absolutely no problem in offering it to her. RECOMMENDED ACTION At Council's discretion, appoint Susan Mulcahy to the MPO BAC as the City of Sebastian representative. ~{~ 4s WWW.IRCGOV.COM -Indian River County board of claunty Commissioners - ivir~ ts... rage i of ~ . ~_ ::-- > ^ ~- ^~---~, 1„ ,:±= ,, ~,:,~_, ~u ~", > MPO Bicycle/Pedestrian Advisory vu~c~ uvai u.. ~~~~- Committee ,< """~' ~'£°`~ ""'""_"`' Bylaws approved at the MPO meeting of October 9, 2002, pursuant to memorandum from Bob Keating to the MPO members of February 8, 1994, wherein the City of Vero Beach and the =- - ^ --- ~- ----° r°:- -- - MPO formed aCity/County Bikepath Commission. The BAC shall consist of six voting members: (1}County Representative, (1) City of Vero Beach Representative, (1) City of Sebastian Representative, (1) Town of Indian River Shores Representative, (1) Town of Orchid Representative and (1}City of Fellsmere Representative. - ~ "'""° " ' - """""` Meetings are held on the fourth Thursday of each month at 2:00 p.m. at the County Administration Building B, 1800 27th Street, Vero Beach, FL in Conference Room B1-501. Members shall serve at the pleasure of the appointing governmental entity. The BAC shall at its January organization meeting conduct an election to select a Chairman and Vice-Chairman for one year starting with the meeting in January and may serve consecutive terms. Members: • Libby Harrow (Chairman) -Indian River County BCC • AI Minner -City of Sebastian • Terry Goff (Vice Chairman) -City of Vero Beach • Barbara Tilney -Town of Indian River Shores • George Sipp -Town of Orchid • Chief Scott Melanson -City of Fellsmere ;,~ ~ ~.. HTne! .; wal-- http://www.ircgov.com/BoardsBAC/Index.htm ~~° 6/5/2008 CITY Of ~~~~~~~~ ~~~ -- ,, v HOMG OF PELICAN ISLAND December 5, 2006 PRESS RELEASE METROPOLITAN PLANNING ORGANIZATION BICYCLE/PEDESTRIAN ADVISORY COMMITTEE SEBASTIAN REPRESENTATIVE THE CITY OF SEBASTIAN IS SEEKING A CITY RESIDENT TO REPRESENT THE CITY ON THE METROPOLITAN PLANNING ORGANIZATION BICYCLE/PEDISTRIAN ADVISORY COMMITTEE. THIS IS AN INDIAN RIVER COUNTY COMMITTEE, WHICH WILL ORGANIZE IN JANUARY 2007 AND THEN MEET AS NEEDED IN VERO BEACH. IF YOU ARE INTERESTED OR FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY CLERKS OFFICE, 1225 MAIN STREET, SEBASTIAN, FLORIDA BY CALLING 589-5330 MONDAY THROUGH FRIDAY, 8AM TO 4:30 PM. APPLICATIONS WILL BE ACCEPTED UNTIL FILLED. ### 5a ~~ ^ ' _ ~ E{OhfE t3f PELICAN [~~D Subject: Parks & Recreation Advisory Agenda No: L.K ~ F ~'~'`>~,,- Committee Vacant Regular Member Position ,~ t'~ ' ~ s Office Department Origin: City Clerk ~ Ap v f r Submittal by: City Clerk: City Attorney: Date Submitted: 5/26/08 For Agenda of: 6/11/08 i a ger Exhibits: Application, List, Ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT We currently have two regular member and two alternate member vacancies on the Parks and Recreation Advisory Committee. RECOMMENDED ACTION M Interview unless waived and submit nominations for one of the vacant regular member position to expire May 31, 2011. I i i G °y' ,,,,..._ .r „~ `'ti ,.~~ arvc~ S~ HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: " ~~ ~" ~~ ~ ,ti HOME ADDRESS: C Z ~ LS {--~ " .,~ 1 HOME PHONE:~~jC~ ~C~ ~~ HOME FAX: .~._._ E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? ~~ ~ l.~ ~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? f ~t PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CONSTRUCTION BOARD (permanent board -meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) _ PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board-meets quarterly,)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a morith) NATURAL RESOURCES BOARD (permanent board -meets once a month) °' OTHERTEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) -- _ * i ~~ c . Filing of financial disclosure is required following appointment -.~, - . ¢-~ < r--1 .- ~~ ~-.~ '' s `a '~ ~' '~_~~ APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) 5~~ i I ~ t~~i tL t--~ SC.~4~-(.~c~t,._ tom[ lU r/~3 L ~ SVLI.-t~t,+~,~ ~ ~ ~ 1 HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~ -~ wiz r~-t N~ ~ ~ ~~~ 5~~~-S~ ~~-~1, -~--~-+1~ v~ LL~~-\p ~ ~! a~-c.-~L LITc-rte ~..~! S f ~l.e,i/ Ces~-~ I ~nL ~--~ ~~~+'~-~ C-,E w-vE ~ LaT ! b 0-~~. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? .HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ' d WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or om ee ' available if requested. Ap I ture Subscribed and sworn to before me this day of by who is personally known to me, or has produced as identification. Notary Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 ~./,~. l-°'y ~ ~~ \wp-form\appl icat.wpd rev. 7/2007 ~~ ~t~ _ PARKS ~ RECREATION ADVISORY COMMITTEE Ordinance No. 0-07-07 3-YEAR TERMS MEMBER NAME AND TERMS ADDRESS Vacant Term to expire 5/31/2011 Cindy Falco Term to expire 5/31/2009 1309 Louisiana Avenue Replaced Merlin 6/14/06 Sebastian, FL 32958 581-9291 Vacant Term to expire 5/31/2011 JoAnn White Term to expire 5/31/2009 449 Easy Street Appointed 6/27/07 Sebastian, FL 32958 589-9300 Don Wright Term to expire 5/31/2010 720 N. Fischer Circle Appointed 3/8/06 Sebastian, FL 32958 581-2978 Vacant -Alternate Member Term to expire 5/31 /2011 vacant -Alternate Member Term to expire 5/31/2009 BOARD SECRETARY, LINDA KINCHEN 76 .~ ~ w,~ ~ ~, ~~ cnv~~ SE~`~~~f HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member -Citizen -Term to Expire 9/30/2010 Alternate Member -Contractor -Term to Expire 9/30/2010 Natural Resources Board Regular Member -Term to Expire 7/ 1 /2009 Alternate Member -Term to Expire 7/1/2008 Parks & Recreation Advisory Committee Regular Member -Term to Expire 5/31/2011 Regular Member -Term to Expire 5/31 /2011 Alternate Member -Term to Expire 5/31 /2009 Alternate Member -Term to Expire 5/31/2011 Planning & Zoning Commission Alternate Member -Term to Expire 11 / 1 /2010 Alternate Member -Term to Expire 1 / 1 /2011 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. MEETING TIMES AND APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ON WWW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL FILLED. :~ air ~ ~~sT !vim 4• HOME Of rPEi.IC11N iSLJ1NQ City of Sebastian, Florida Subject: Continuation of First reading of Ordinance 0-08- 01; petition for Voluntary Annexation by Shady Rest Mobile Home Park Trust U/A, fora 17.14 acre parcel of land located at 13225 U.S. 1 Agenda No. fix, (~ ~ Z Department Origin: Gro` Purchasing/Contracting: Finance Director: , City Attorney: .., A rov or Submittal by: City Manager City Clerk: ~~1~ ', Date Submitted: June 4, 2008 n r For Agenda of: June 11, 2008 Exhibits: Revised Annexation Agreement dated 5-13-08; Atty. Dill letter dated 6-4-08; Color coded lot map; Petition; Packet from 4/23/08 City Council meeting (under separate cover) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY The owners of Shady Rest Mobile Home Park have submitted a request for annexation of 17.14 acres of land located at 13225 U.S. 1. The subject property consists of two parcels, 30-38-21-00001-0000-00017.0 and 30-38-21-00001-0000-00020.0 is located on the west side ofU.S. 1 between the St. Sebastian Catholic Church properly and Home Depot. The owners also submitted applications for a land use designation of Riverfront Mixed Use (RMU) and a zoning designation of Commercial Riverfront (CR). At this time, the Indian River County land use designation is MHRP/M-1 (Mobile Home Rental Park, 8 units per acre) and the Indian River County zoning designation is RMH-8 (Residential Mobile Homes, 8 units per acre). If annexed, the property will be subject to the Riverfront Overlay District regulations. The property would not, however, be a part of the Community Redevelopment District, unless the district boundaries are amended. This is a continuation of the first reading of Ordinance 0-08-01 from the April 23, 2008 City Council meeting. In the agenda packet for that meeting, the annexation agreement presented for consideration stated that the owner would continue to operate Shady Rest as a mobile home park for an additional five (5) years, but if the rented spaces fell below 50% (59 spaces vacant), the five-year guarantee would be null and void. At the meeting, Mr. Howland offered to amend the annexation agreement by removing the vacancy clause, thus ensuring continuation of the mobile home park for five years. 57 As stated in the April 23, 2008, Sebastian City Council minutes, "MOTION by Mr. Paternoster, SECOND by Ms. Simchick to postpone this issue (the annexation) until such time residents had opportunity to seek advice of counsel, ensure the fact that they completely understand everything that is going and if they are then satisfied, we can go forward" The revised annexation agreement is attached. Following the April 23, 2008 City Council meeting, the revised agreement dated May 13, 2008 was provided to each resident along with a petition in support of the annexation. Attorney Warren Dill summarized the results in his letter dated June 4, 2008 (attached), which shows 86% of the residents in support of the annexation and agreement. RECOMMENDED ACTION "Move to pass Ordinance No. 0-08-O1 on first reading. Second reading and public hearing to be scheduled following review of the proposed land use amendment by the Department of Community Affairs." 58' Regular City Council Meeting April 23, 2008 Page Eight 12. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 08.052 A. First Reading Ordinance No. 0-08-01 -Voluntary Annexation of Shady Rest (backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 10:20 pm The City Attorney read the title and stated this is a legislative matter and not quasi-judicial and the discretion to annex lies strictly with Council. Warren Dill, representing applicants Ed Howland and Carole Wagner stated the applicants have owned the park for fifty years and Mr. Howland as well as the park manager was available for questions tonight. Mr. Dill pointed out the contiguous property on a map and asked that compassion be shown for the residents of Shady Rest, said the County has placed a serious burden on this property owner in that it can only be a mobile home park and the County will not allow RVs in mobile home parks which are needed to supplement the park's income. He continued to explain that Commissioner Wheeler is willing to work with staff to allow RVs but the problem is that the process takes a year to 18 months and the owner is currently breaking even. Mr. Dill said the residents suggested filling the vacancies with RV's and during the meeting break Mr. Howland deleted any percentage requirement of vacancies and stated he will keep the park open for a minimum of five years. MOTION by Mr. Paternoster, SECOND by Mr. Neglia to extend the meeting until 11:00 p.m. passed with a voice vote of 5-0. The Growth Management Director stated staff has advocated the owner provide longer than required six month notice to move from the beginning, there would be no trigger if vacancy fell below a percentage, and RV's would be allowed. Public Comment Ken Lerby, 13225 US Hwy 1, said he has mixed feelings about this and it sounds like it's going to be all right. 8 , ~" ~'`''~~ ,, Regular City Council Meeting April 23, 2008 Page Nine Ms. Simchick asked if Council voted for the annexation, how would that affect the agreement in the packet. The City Attorney explained this ordinance can be passed on first reading with the condition that the agreement be rewritten and final adoption will take place in a few months after review by the Department of Community Affairs (DCA). He also said the agreement could be on the next agenda with the condition that the park is annexed. Jane Adams asked if the park is annexed, does it mean the park stays for five years with RVs which is non-conforming with the City. She said she called DCA who said they would deny the RV's. The City Attorney said whether or not RVs are there is not within DCA's authority. Ms. Adams said if Mr. Howland wants it to remain a park why doesn't he keep it in the County. Mr. Paternoster asked for a show of hands for those who wanted the annexation with the amended agreement. There were about 20 citizens for the annexation and three wanted to stay in the County. Evelyn Rupp said if it is true Mr. Howland is going to give them five years she is all for it. Mr. Paternoster asked if during five year period the owner could sell the property. The City Attomey said the agreement would run with the land and a new owner would be subject to the agreement. Mr. Wolff asked what if he raises the rent. The City Attorney replied there are statutory restrictions for what owners can do with mobile home parks. Claire Ranahan, 13225 US Hwy 1, stated she is comfortable with five years. Diane Reynolds, who shares a lot with her mother, said she hopes the right decision is made for the people of Shady Rest. Ilene Flom said she heard there is a new prospectus being drawn up and the park might not remain a 55+ park, and that taxes will go up and be passed on to residents. Mayor Coy asked if taxes are passed through their rent. The City Attorney said that would be in their lease agreement. Gary Wheeler, Indian River County Commissioner, stated his concerns are the residents who should have an opportunity to digest this; they are not represented by an attorney, they may feel pressured to accept the five years as opposed to the six months; asked why Mr. Howland is changing to commercial riverfront which might be in non-compliance if he wants to remain a park. He reminded Council that a few years back, there was a straw ballot that voters didn't want residential annexation. (~U ' Regular City Council Meeting April 23, 2008 Page Ten Mr. Wheeler also said they were sold a lifestyle not just a mobile home, it is very difficult to displace older residents and at a minimum they need time to discuss and think with a clear head. (For the record, the straw ballot result opposed any annexation) Edward Howland, owner of the park for 22 years stated he didn't raise the rent when the hurricanes came through, he does not pass through capital improvement expenses or taxes, and he is very sincere with the five year agreement. MOTION by Mr. Paternoster, SECOND by Ms. Simchick to postpone this issue (the annexation) until such time residents had opportunity to seek advice of counsel, ensure the fact that they completely understand everything that is going and if they are then satisfied, we can go forward. The City Attorney asked the motion to include the next item in the continuation. Mr. Dill, attorney for the petitioner, requested a continuation date of June 11`h~ Mr. Paternoster and Ms. Simchick agreed to amend the motion to include continuation of the Public Hearing for Ordinance No. 0-08-02 (land use change) as well to June 11~', 2008. (Editor's note -The first reading of Ordinance No. 0-08-03 (rezoning), due to it's relation to these two ordinances, will automafical/y cant' to the June 11, 2008 meeting as well because it cannot be addressed or acted upon prior to the annexation and land use issues -Sally Maio, City Clerk) The motion carried with a voice vote of 5-0. 13. PUBLIC HEARING 08.052 B. First Reading and Transmittal Hearing Ordinance No. 0-08-02 -Land Use - Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15 Acres - Riverfront Mixed Use (RMU) (backup provided under separate cover) 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 RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.15 ACRES ,MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 08.052 C. First Reading Ordinance No. 0-08-03 -Rezoning -Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15 Acres -Commercial Riverfront Zoning (backup provided under separate cover) 10 ~,.~'~ ~ ~'~ r ,, Regular City Council Meeting April 23, 2008 Page Eleven AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH-8) FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The following items will be carried forward to the May 14th, 2008 Regular City Council Meeting: 08.054 D. Land Development Code Business Sign Change Recommendations (GMD 103-107 Transmittal, Memo) 08.055 E. Liberty Park Planned Development Discussion (GMD/City Manager Transmittal, 109-134 Memo, Plan, Maps, Letter, Q & A from Developer's book) 08.031 F. Resolution R-08-04 -Florida Dept. of Transportation Supplemental Joint 131-140 Participation Agreement for Hangar Construction (Airport Transmittal, FDOT Letter, Agreement, R-08-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.056 G. Resolution R-08-06 -Florida Forever (City Manager Transmittal, Resolution) 141-143 A RESOLUTION OF THE CITY OF SEBASTIAN, SUPPORTING THE CREATION AND FUNDING BY THE FLORIDA LEGISLATURE A SUCCESSOR PROGRAM TO THE FLORIDA FOREVER LAND CONSERVATION PROGRAM; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO STATE LEADERS; AND PROVIDING FOR AN EFFECTIVE DATE. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN Approved at the May 14, 2008 Regular City Council meeting. Andrea Coy, Mayor , ATTES . ~~/r~,~ Sally A. Maio, C -City Clerk ~~~~! 11 ~V~ , ANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORH)A, AND EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO-TRUSTEES OF THE SHADY REST MHP TRUST U/A DATED DECEMBER 24, 1985. THIS ANNEXATION AGREEMENT is made and entered into this day of 2008, to be effective as of April 23, 2008, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, ("Sebastian" or "City") and EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO-TRUSTEES OF THE SHADY REST MHP TRUST U/A DATED DECEMBER 24, 1985, ("Owner"). WITNESSETH: WHEREAS, Edward R. Howland and Carole Wagner, as Co-Trustees of the Shady Rest MHP Trust, is the owner of the real property located in unincorporated Indian River County, Florida, which is legally described on Exhibit "A" attached hereto and which is known as the Shady Rest Mobile Home Park ("the Property"); and WHEREAS, the Property is located within the Indian River County Urban Service Area and therefore is excluded form the restrictions on annexations imposed by the Interlocal Agreement relating to annexations under Chapter 171 Florida Statutes, as adopted by Resolution R-07-22 by the City of Sebastian; and WHEREAS, the Property is substantially contiguous to the municipal boundaries of Sebastian; and WHEREAS, Sebastian desires to annex the Property into its municipal boundaries and said annexation would not result in the creation of any enclaves and the annexation of the Property will be in the best interests of Sebastian and its residents; and WHEREAS, the Property is currently being used as a rental mobile home park with no current plans to change the use of the Property; and Page 1 of 5 ~. ~... ~ ~; WHEREAS, Sebastian can provide the necessary general government, non-proprietary services to the Property, normally being provided to its residents, such as police protection, code enforcement building and zoning services, as needed; and WHEREAS, City and Owner support the annexation of the Property into the City and the City is willing to enter into this Agreement pursuant to the authority of the Florida Constitution (including Article VIII, Section 2(b) and 2(c) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 166 and Chapter 171, Florida Statutes) and the City's Charter; and WHEREAS, Sebastian and Owner desire to establish agreements relating to land development and use upon the annexation of the Property into the City of Sebastian. NOW THEREFORE, the parties agree as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference. 2. Sebastian and Owner are proceeding with the voluntary annexation of the Property into the City of Sebastian. Upon the annexation of the Property into the City, this Agreement shall govern the parties' rights and obligations regarding the Property as to the matters provided herein. 3. The parties agree to promptly and diligently pursue an amendment to Sebastian's Comprehensive Land Use Map to accommodate the land use of Riverfront Mixed Use (RMU) for the Property. After the Map amendment has taken effect, Sebastian agrees to cooperate with Owner in the rezoning of the Property to Commercial Riverfront (CR) and, at some undetermined future time, the issuance of other development orders (permits) necessary to change the use of the Property for development consistent with Commercial Riverfront zoning of the Land. 4. The receipt of a new Comprehensive Land Use Map designation and a new zoning district for the Property does not result in a change of use of the Property. Page 2 of 5 ~~~ 5. Mobile home and recreational vehicle rental parks (as defined in the Sebastian Land Development Code) are not a listed use within the Commercial Riverfront (CR) zoning district. However, since the use of the Property is designed ar~d built to accommodate mobile homes and recreational vehicles within its 117 rental spaces, the Property and its 117 rental spaces shall be allowed to be used for such purposes for a period of ten (10) years following the annexation of the Property into the City. At the end of said ten (10) year period, the rental of the 117 spaces shall cease and the use of the Property as a mobile home and recreational vehicle rental park shall terminate and any further use of the Property shall be in conformance with the zoning of the Property. 6. The Owner of the Property is subject to the provisions of Chapter 723, Florida Statutes, the Florida Mobile Home Act. When there is a change in use of the Property, Section 723.061 (1)(d) Florida Statutes requires the Owner to give the mobile home owners and tenants "at least six (6) months' notice of the projected change of use and of their need to secure other accommodations". Owner acknowledges that a period in excess of six (6) months to secure other accommodations would be of great help to the mobile home owners and tenants. Therefore, Owner agrees that it will continue to operate the mobile home park for a period of five (5) years from Apri123, 2008 to Apri122, 2013. 7. This Annexation Agreement is not intended to supersede or expand in any way, the provisions of Florida laws as set forth in Chapter 723 Florida Statutes, except for the limited purposes as specifically provided herein. 8. Either party may enforce the terms of this Annexation Agreement by any action at law or in equity. It is stipulated, without limitation to other such remedies, that injunctive relief be available without requirement that the absence of an adequate remedy at law be proved. In the event that it is adequately shown that Owner or its agent is unable to, or otherwise ceases to, sustain and manage the mobile home park in a manner that maintains its functionality, other than as a result of a natural disaster or other casualty, Owner stipulates that appointment of a receiver is an appropriate remedy in the Page 3 of 5 ,.~~"'""`~"~. ,,,.~ ,~ ~- enforcement of this Agreement. Nothing herein should be construed as a waiver of any right granted by law or equity to enforce this Annexation Agreement. 9. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in or incorporated into this document. 10. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by one of the following methods: A. By personal delivery. B. By deposit with United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below. Notwithstanding these requirements, there must be written acknowledgment of receipt of notice. For purposes of notice, demand, request or payment, the address of the City shall be: The City of Sebastian 1225 Main Street Sebastian, Florida 32958 The address of the Property Owner shall be: with a copy to: Edward R. Howland Crown Building 3662 Katella Blvd. Los Alamitos, CA 90720 Dill & Evans, P. L. 1565 U. S. Highway 1 Sebastian, FL 32958 11. This Annexation Agreement shall be binding upon the heirs, successors and assigns of the parties. 12. This Annexation Agreement shall be deemed effective as of Apri123, 2008. „-w~.~.~ ~ Page 4 of 5 .~~~.F IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first-above written. The effective date of this Agreement shall be Apri123, 2008. CITY OF SEBASTIAN PROPERTY OWNER: SHADY REST MHP TRUST By:_ Title: Edward R. Howland, Co-Trustee Typed name of Officer.) Carole Wagner, Co-Trustee STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2008, by , as of the City of Sebastian, Florida, a municipal corporation existing under the laws of the State of Florida, on behalf of the City, who is personally known to me or who has produced as identification. "SEAL" STATE OF - COUNTY OF Notary Public My Commission Expires: My Commission Number is: The foregoing instrument was acknowledged before me this day of , 2008, by Edward R. Howland, Co-Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 2008, by Carole Wagner, Co-Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: Page 5 of 5 •°~°--- w, iS i ~ l,. •w~ 6,: if WARREN W. DILL Also admitted in Wyoming Nebraska June 4, 2008 DILL &EVANS, P.I.,. ATTORNEYS AT LAW 1565 US Highway 1 Sebastian, Florida 32958 Rebecca Grohall, AICP Growth Management Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Shady Rest JoxN G. EVANS Also Admitted in California 1VIICHELLE D. NAPIER Hand Delivered this date Following the April 23, 2008 City Council meeting, the Annexation Agreement was revised to provide for an occupancy period of at least five (5) years and other changes requested by the City. The revised Annexation Agreement dated May 13, 2008 was provided to each mobile home owner along with a Petition in Support of the Annexation. I have enclosed Petitions signed by 83 residents representing 591ots in support of the Annexation. There were seven (7) mobile home owners that did not responded. I am advised that there are three (3) mobile home owners in opposition to the annexation. I have also enclosed five (5) color coded copies of the Shady Rest Street Numbering (Lot locations) plan. A summary of the responses based upon lot numbers is as follows: 59 Lots (83 residents-86%) in favor of annexation 7 Lots (10 residents-10%) did not respond 3 Lots (3 residents-4%) against annexation 48 Lots vacant 117 Total Lots As you can see, the support for annexation is overwhelming. I trust the City will find this information helpful in reviewing the annexation of this property. Very /Truly yours, C/(l Warren W. Dill W WD/ic Enc. CC: Mr. Edward R. Howland Mr. Jim Williams ~~° `~~ t Tel: (772) 589-1212 Fax: (772) 589-5212 a.a.~-~. ~,,' t ~~ R~. .~..r., ~. c~ a u 4 O .~ x ~- ~~ ~~ °z e.l ~. v ;n U u s-. N '"' `"' (,/~ .., ~; ,. v; Q2idH~I2I ~ '~~ ~~+ ~ N .M N N H O O '~ O O o rl r~l H H N r/ N rl H r1 N N t•1 H N N N et tl~ to h G4 Q~ d O O O O rl rl H Q~ Q~ Q~ Q~ Q~ N H H N H f-1 I~~OZ M N •-~ 0~ O h N ~' M N H O ~ ~ Q1 GO GO ~ 00 00 GO CO 00 CO ~ V H l~ M N ~ O H H H H Q~ ~ h to N d' M -- - , dI1I~I~ C[ ti 0 0 5 -~ x 89 Q L9 a 9 9 C~ 59 to ca h 04, Q~ N • ~N N N N rl H H H N r M N~ .~+ O Q~ O h t~ tl~ E ~~ M M M M N N N N N c~ + C17AdQ M M M M a tt ~ ~ ~ ~~ V ~ O a N et M N r+ O Q1 00 h t~ u7 ~ N N ~ N ~ tt d' et ~ a dI~I2i,Ldd a z w x ~ ` z w x ~1 £9 c~ h t1y tl~ ~ to ~ O ~ N t~ to • 9 b L~b ~ o z S•d 8'b o~Fa b•d 6'd w o w £•b a ~' 0 Y,d F Z•d ~~d ~ H A O W ` ~ • ~' a ° T b Zt•y a HAa zww ~z~ U C7 (/] Q,' H H Ul A -~ N N tD cD by >< ,. _~ w f', :. L ~r: PETITION IN SUPPORT OF SHADY REST MOBIEE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. .-= '? ~ ,, 1~ Lot # ~~ Lot # Lot # Lot # Lot # Lot # Lot # ~3' PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to overate a~ ~ mnh;iP home park for another five (5) years. ~~ l C C~ Lot # 6 / ~~ Lot # Lot # Lot # , Lot # Lot # Lot # PETITION IN SUPPORT OF SHAHY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and a~-ee with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~y~ -~ -~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # Z PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. C\l~ ~~ ~"3 Lot # ~~ Lot # // 3 Lot # ,4, + .Y ,~ ~~ f/3 Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST 1dIOBILE IcI011-IE PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and *~he City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~~~~o, ~~ ~ ~~e ~~ ~ ~~~~ ~~~~ Lot # /~ Lot # / ~'~ Lot # Lot # Lot # Lot # Lot # ~.~ PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mob'le home park for another five (5) years. J / ~_ ~`~ ~ ~ Lot # - ~ L ~ ~ -~ L , ;~ (..~ ~~~ G Lot # .~--- Lot # ~~ Lot # Lot # Lot # Lot # ~s PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigzied, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. l~-L~ ~-pl~..~ 7~c-e~...-~.,~-C~,-emu.. ,r'~: r_ ~' _ . ~._ ~) ~ri~ Lot # ~l Lot # s~s~ Lot # - Lot # G> Lot # ~.% Lot # Lot # ~, PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. c~ ~/1 ~6~9,nz c~' ~ z ~Y ~?~~ o Lot # Lot # ~~ Lot # Lot # ~o Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady hest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~~~` ~ ~ ~~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # Ei, PETITION IN SUPPORT OF SHAD' REST MOBILE HOME PARK ANNEXATION ~~. ~~ y °-`~- We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. (~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPGRT OF SHADY REST MOBIT E HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years, ~~ ~.~~_ Lot # Lot # Lot # Lot # Lot # Lot # Lot # ~~ ~~,,~ x 1 ` PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest P~1obi1 Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. .~.~.` -~-' ~, ~~ ,~ Lot # ~7/' Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MODILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. .~ ~~ l~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # r.~~~., ;~' °~ PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest I~iobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~~ ~ o~~ ~~ ~~ Lot # Lot # Lot # ~~ ~- Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. _~ l Lot # -~ Lot # Lot # Lot # Lot # Lot # Lot # E~ PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION V~Je, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # /`"~ "`` ~~ ~~~ Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. yy Lot # - ,~~ Lot # ~D Lot # -____.,~v /~ Lot # Lot # Lot # Lot # ~ti PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. i~ 7 Lot # Lot # Lot # Lot # Lot # Lot # Lot # ~~ PETITION IN SUPPORT OF SHAI3Y REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May. 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~i ~~~~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # a~ PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed .Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~ :~ ._;. j :~~ Lot # S :~ Lot # ~~f Lot # Lot # Lot # 9~' Lot # Lot # PETITION IN SUPPORT OF SHADY. REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in suppor i of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~ Lot # ~~ Lot # Lot # Lot # Lot # Lot # Lot # R3' PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. J ~~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # ~``~ ~~y ~ ~'~ i' PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. '~ ` ,~-, ~ , ~`~ _ _ 6 y.3 Lot # l~ . Lot # Lot # Lot # Lot # Lot # Lot # .... """y~~~y Ok PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. l,.^ , .. .~ W- ~~~ r ~, ~~~ ~j NV Lot # ~. ~ ~ Lot # Lot # 9G! Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANI~,TEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. 6~ Lot # ~3 Lot # Lot # Lot # Lot # Lot # Lot # ~=i) PETITION IN SUPPORT OF SHAD' REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~~~ ~r~o.~., l'/ Lot # ~, Lot # Lot # Lot # 9~ Lot # Lot # Lot # PETITION IN SUPPORT OP SH_AD~' REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. v-~-~l- Lot # _ ~ ~~ Lot # Lot # Lot # Lot # Lot # Lot # C' ,~,._.~ PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~ /'~ ~~ q ~, Lot # C~ Lot # Lot # Lot # Lot # Lot # Lot # iov PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. Vile have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~ Lot # ~ ~~ Lot # Lot # Lot # Lot # Lot # Lot # col PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~ ~v`-- ~~. 1~~z ~ ~~ ~~ Lot # J / Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHAHY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~~ ~~ l ~ ~1Q ,,, ; l ~6„ ~~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # ~ 03 PETITION IN SUPPORT Or SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ~6 Lot # Lot # Lot # Lot # ~~ ~ ~~. Lot # Lot # Lot # SJzi)ag PETITION IN SUPPORT .. OF SHADY REST MOBIEE HOME PAF.K ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # I05 PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue \ ~o operate as ~ mobile home park for another five (5) years. ~ ii I l .J G by -..~.~~, ~, ~..c- C •r LC ~a~l Lot # ~~ Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated Apri123, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. /~/- ./~~= C ~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # %~v~ PETITION IN SUPPORT OF SHADY REST MOBILE HOl`~IE PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to loperate as a mobile home park for another five (S) years. r: / ~~ ~ U ~` ,=~ ,~~ ~~ Lot # ~2 3 Lot # D Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST 1VIOBILE HOMIE PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady .Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. ..~.~ 16 Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADS REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue iio to operate as a mobile home park for another ive (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the a*inexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. i ~~ ~~ ~~~ Lot # Lot # Lot # Lot # Lot # Lot # Lot # .;M~'` ~i2 cm o~ E8~~`~-leif ROME OP YPEItCAN ISUWD City of Sebastian, Florida Subject: Continuation of First Reading and Public Hearing of Ordinance 0-08-02, Land Use Amendment fora 17.14 acres of land Agenda No. (~ ~, Q ~ Z known as Shady Rest Mobile Home Park Department Origin: Growth Manag_eme~ Purchasing/Contracting: Finance Director: ~- A rov for Submittal by: City Manager City Attorney: • City Clerk• rrL /,~ ~1 m~er "' Date Submitted: June 4, 2008 - ~ For Agenda of: June 11, 2008 Exhibits: Packet from 4/23/08 City Council meeting (under separate cover) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY If annexation of the subject property is approved, the 17.14-acre parcel must be given a City land use and zoning designation. The applicant has requested Riverfront Mixed Use (RMiJ) for the land use and Commercial Riverfront (CR) for the zoning. The attached staff report provides analysis of the land use and zoning requests with regard to the City of Sebastian Comprehensive Plan and Land Development Code. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property at their January 17, 2008 meeting. A large scale land use amendment (over 10 acres) must be reviewed by the Department of Community Affairs. Staff recommends the City Council approve the land use request on first reading and authorize transmittal of the Ordinance to the Department of Community Affairs for their review. RECOMMENDED ACTION "Move to pass Ordinance No. 0-08-02 on first reading and authorize transmittal to the Department of Community Affairs for comments." !13 I~4 cm a~ ~,BAS1" ~~,-_.. NOME Of yPELICAN ISLAND City of Sebastian, Florida Subject: Continuation of First reading of Ordinance 0-08-03, Zoning Amendment for 17.14 acres of land known as Shady Rest Agenda No. Q ~ ,. (~ 5 Mobile Home Park Department Origin: Growth Mana eme t ~' Purchasing/Contracting: Finance Director: A pro for Submittal by: City Manager City Attorney: ,~ r`° ' City Clerk• `'~~j'rL n er Date Submitted: June 4, 2008 For Agenda of: June 11, 2008 Exhibits: Packet from 4/23/08 City Council meeting (under separate cover) NoneNDITURE REQUIRED: I No OUNT BUDGETED: I NoneOPRIATION REQUIRED: SUMMARY If annexation of the subject property is approved, the 17.14-acre parcel must be given a City land use and zoning designation. The applicant has requested Riverfront Mixed Use (RMU) for the land use and Commercial Riverfront (CR) for the zoning. The attached staff report provides analysis of the land use and zoning requests with regard to the City of Sebastian Comprehensive Plan and Land Development Code. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property at their January 17, 2008 meeting. Staff recommends the City Council approve the zoning request on first reading. The second reading and public hearing will be scheduled following review of the large scale land use amendment by the Department of Community Affairs. RECOMMENDED ACTION "Move to pass Ordinance No. 0-08-03 on first reading. Second reading and public hearing to be scheduled following review of the proposed land use amendment (Ordinance 0-08-02) by the Department of Community Affairs." ~(5 i i ~ ~' ~~ ~, .~ ~~ r ~ _~ _ i MC1AVlE OF , PELt~4h1 @SCAND AGENDA TRANSMITTAL Subject: Agenda No. ~ ' , ~~' 1 ~~~~ CDM A endment #6 -Collier Creek Canal Departure t Ori i Ens ineerin ` Finance: Ap rov r Submittal by: City Attorney: City Clerk: Date Submitted: 5 Jun 08 ne ,City Manager hibits: N/A EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $25,000 $2,975,918 Series 2003 Bond REQUIRED: $0 SUMMARY Enclosed for your review and authorization is Work Authorization #6 from CDM Engineering. This work authorization is associated with the professional services that are required to (1) complete the Collier Creek (Vinyl) Wall Request for Proposal; (2) Complete related tasks to bring the City up to a point where the notice to proceed can be issued; and, (3) cover other miscellaneous services that have been completed by CDM since March 22, 2008. The most important portion of this request is to receive services from CDM that helps City Engineer Dave Fisher complete RFP informational/administration requests; meeting attendance; RFP review/evaluation; and, SJRWMD permit modification. Remember also, that in the RFP process, the design/build concepts received are not fully completed. They provide enough information to rate the proposal, but the full design is to come after contract award. Therefore, a CDM task has been assigned to review the completed design of the successful proponent, prior to the issuance of the Notice to Proceed with construction. A second item to bring to your attention is the lump sum format being proposed in this contract. This approach was taken to save money and not be "clock" conscious during the completion of tasks. In negotiations on this amendment, it was discussed that a lump sum payment, in advance, would ease tension and strict time/task allocations, providing the City better service. At this stage, I anticipate that this contract modification should be the last major expenditure with CDM. During the construction process to come, Dave Fisher will be assuming the Engineer of Record duties, thereby reducing the role of an outside consultant. Below is a chart that outlines CDM Collier Creek expenses to date: i~7 ITEM AMOUNT Original Contracts $413,497 Amendment #1 65,122 Amendment #2 4,960 Amendment #3 14,875 Amendment #4 14,850 Amendment #5 14,130 PO 5733 13,630 PO 5650 4,332 Amendment #6 25,000 TOTAL ~ $570,396 NOTES Council Approved Council Approved Rip-Rap Modification City Manager -Revisit Side Bank Options City Manager - 319 Grant City Manager - Misc Services Incurred "Outside scope' City Manager- Rip-Rap Bidding Services City Manager (Council Advised) -Change To Walls City Manager (Council Advised) -Change To Walls Requested Action RECOMMENDATION Approve CDM work authorization #6 in the lump sum payment of $25,000, payable from Stormwater Bond Series 2003 Proceeds. ADDITIONAL INFORMATION -TASK#6 Task #6 is to pay for work already completed by CDM as part of the $25,000 additional work authorization. CDM has been requested to itemize these tasks. Attached is the correspondence prepared by CDM with break-down work hours and related tasks. Please note the following items on the hourly break-down spreadsheet: All hours are cumulative based on the "week-ending" date -That is why all dates are a Saturday; and, • CDM calculated that actual billable hours were $14,840; however, they agreed to only bill $13,000 as represented in Task 6. ll8 PREPARED BY CDM FOR TASK #6 • Re-Review and revision of rankings at City's request • Attendance at March 26 Council Meeting • Follow up Coordination with SJRWMD • Investigate Hardee park Mitigation Area impacts at request Councilman Wolff & City staff • At City's request, evaluation of steel vs vinyl wall materials • Face to face meeting w/ SJRWMD to discuss permit mod for wall • 3/27 conference call w/ City to discuss steel walls • Review of 3/28 submittal from Custom Built Marine • Review of 3/28 email from SE Cline • 3/28 Conference Call with Custom Built Marine • 3/28 Conference Call w/ City to discuss steel wall • Research on SE Cline "Technical Evaluation of Collier Canal Design Build RFP" • Research on "Our Sheetpile Engineer's Technical Review" from Carl Hazenburg • Review of City's Water Testing Report for pH /Salinity issues • Research on Kevin Brogan's 3/30 email. • Additional review at City's request of Custom Built Marine proposal • Letter response to research items above • April 2 meeting with SJRWMD to discuss permit modification • Follow up letter to SJRWMD • Steel wall corrosivity research at City's request • 4/7 Conference call with City to discuss selection committee memo • 4/14 telephone conversation with Hap Cameron • Post selection meeting with Custom Built Marine and City • Compilation of Cadd files and delivery to Custom Built Marine • Review of typical cross sections submitted by Custom Built Marine • Assistance to Custom Built marine with ftp site • Review of 4/16 SE Cline letter • 4/21 Conference calls with City • Summation of review notes for City's use • Review of 4/22 SE Cline letters • Review of 4/22 Custom Built submittal • 4/22 Conference Call with Custom Built and City • Attendance at 4/23 City Council Meeting • Preparation for 4/30 Special Council Meeting • Attendance at 4/30 Special Council Meeting • Correspondence and telephone calls with City staff • Additional research for City staff regarding vinyl seawalls • Attendance at 5/14 City Council Meeting 11q 0 0 0 ao v J a 0 ~. ~,..~-- CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM Work Authorization No: 6 Project Identification: Collier Canal Seawall Consultive Services IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated Apri16, 2004 Description of Assignment: Engineering Services for Collier Canal Sewall RFP Evaluations and Permitting Basis of Compensation/Period of Services: Lump Sum by Task. Duration is dependent on design-build contractor, city, and regulatory agency communication. AGREED as to scope of services, time schedules, & budget this day of 2008: CITY OF SEBSTIAN, A Florida municipal corporation By: Al Minner, City Manager (Seal) Attest: Sally A. Maio, r1MC City Clerk Staff Approvals: City Engineer as to project CAMP DRESSER & McKEE INC. By: Eri . Grotke, P.E., BCEE, Principal Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney Finance Director General Services Administrator as to budget only as to purchasing & contract admin Work Authorization 6.doc ~, EXHIBIT A WORK ASSIGNMENT UNDER PROFESSION? AL SERVICES ENGINEERING AND ENVIRONMENTAL SERVICES AGREEMENT COLLIER CANAL SEAWALL PROJECT RFP ASSISTANCE SERVICES CITY OF SEBASTIAN, FLORIDA SCOPE OF SERVICES CDM shall perform the following described engineering services related to Request for Proposal (RFP) services for the City of Sebastian (CITY) Collier Canal Rehabilitation and Stormwater Retrofit Design-Build Project. These services shall include the following tasks and respective subtasks: TASK 1 RFP ADMINSTRATION Subtask 1.1- RFP Preparation £~ Distribution -CDM will assist the City in the preparation and distribution of the technical documents associated with the subject RFP, referred to as Appendix C in Section VII of the RFP, The documents included in Section C are the following: 1) Conceptual Design Plans; 2) Environmental Resource Permit; and 3) Geotechnical Investigation. Pursuant to the terms of the RFP, the RFP proponents will be responsible for reimbursing CDM for the cost of the materials and reproduction. Subtask 1.2 -Request for Information (RFI) Responses -CDM will act as the point of contact for proponents with respect to reasonable specific, written questions about the RFP's scope of work. CDM will not accept questions via telephone calls from proponents between the time of RFP advertisement and the awarding of the project. Written requests for information will be logged in at CDM's office and a draft response will be sent to the City Engineer for review. Upon approval by the City Engineer, the response will be sent to all proponents that have received copies of this RFP. Subtask 1.3 -Submittal Review -CDM will provide a senior engineer to assist the City in evaluating the proponents' submittals in response to the RFP. The engineer will provide the City Engineer with a list of the proponents that have met the minimum technical standards, as specified in the RFP. CDM will not verify the designs presented by the Design- Build proponents, but will represent which proponents have prepared packages that include the required information requested in the RFP. The Work Authorization 6.doc City will not provide CDM with the cost information component of the evaluation criteria. CDM will not rank the respective submittals. TASK 2 MEETINGS At the City's request, CDM will provide a senior engineer to attend the following meetings: Subtask 2.1-RFP Pre-Proposal Meeting - CDM's senior engineer will attend the June 10, 2008 pre-proposal meeting, as proposed in the RFP. CDM's engineer will assist the City in answering technical questions from the prospective proponents about the scope of the RFP. The City will provide personnel to record and/or transcribe the meeting. Subtask 2.2 -Selection Committee Meeting - CDM's senior engineer will attend the City's RFP Selection Committee meeting, scheduled in the RFP for the week of July 14, 2008. The engineer will be available to discuss the submittal review performed under Subtask 1.3 with the Selection Committee. Subtask 2.3 -City Council Meeting - CDM's senior engineer will attend the City Council meeting scheduled for late July or early August to answer questions from City Council regarding the technical evaluation of the proposed submittals. TASK 3 PERMIT ASSISTANCE The City currently has Environmental Resource Permit (ERP) # 4-061- 104663-1, which was issued for the Collier Canal dredging and impacts associated with the construction of rip rap system of shore stabilization. Now that the City has chosen to utilize a vertical seawall section, a modification to the subject ERP will be necessary. City staff will prepare the modification and CDM will answer questions from the City Staff in its preparation of the modification and will provide one review of the modification package before submittal to regulatory agencies by the City. Additional reviews will be handled under Task 5 -Miscellaneous Services. TASK 4 POST AWARD DESIGN REVIEW Upon selection of a Design-Build proponent, CDM will work with the City and the selected proponent to confirm and/or verify design issues that may still be outstanding prior to the City issuing a Notice to Proceed to the proponent. This task assumes that the proponent has not been selected based on an altemate proposal or a proposal that has significant deviations from the design specifications outlined in the RFP. The intent of this Task is to work with the City and the selected proponent to resolve any outstanding routine design issues. Any work performed by CDM to review alternate designs will be handled under Task 5. Work Authorization 6.doc ~'~ TASK 5 MISCELLANEOUS SERVICES CDM will respond to miscellaneous requests from City staff during the time of this work order that are not otherwise specified in the other tasks. Prior to performing these services, CDM will verify with City staff that these services will be performed under this task and will provide a projected budget. Work will not begin under this task unless directed and acknowledged by the City Engineer. Furthermore, CDM will notify the City Engineer and City Manager when the budget for this task has been exhausted. TASK 6 COMPLETED WORK ASSIGNMENTS This task accounts for work already completed in conjunction with the January 30, 2008 RFP that was not contemplated in the original scope, but that was requested by City staff. The work includes CDM responding to proponent appeals after the final evaluations occurred, attendance at City Council meetings, meetings with proponents, additional analysis regarding steel and vinyl seawalls, and meetings with City staff. PAYMENT AND COMPENSATION CDM will submit monthly invoices for activities/tasks on a percent completed basis. Compensation for the listed Scope of Services shall be as follows: o Task 1- RFP Administration $ 6,555.00 o Task 2 -Meetings $ 2,375.00 o Task 3 -Permit Assistance $ 475.00 o Task 4 -Post Award Design Review $ 1,045.00 o Task 5 -Miscellaneous Services $ 950.00 o Task 6 -Completed Work Assignments $ 13,000.00 o Project Expenses $ 600.00 o TOTAL LUMP SUM AMOUNT $ 25,000.00 ESTIMATED PROTECT SCHEDULE Tasks will be completed in accordance with timeframes specified in the RFP and pursuant to a mutually agreed upon schedule. ,~ Work Authorization 6.doc i ~. tzttt a ~ ~ ~ .,. i ). f~- _ - - ~~~~,; HOt+RE OF PELE~14[al ISEAhID AGENDA TRANSMITTAL Subject: Agenda No. ~ ~ ~ ~ ~' Department Origin: GMD Proposed ater Restrictions Finance: City Attorney: ~ A ro or Submittal by: City Clerk: ~ ' Date Submitted: 5 Jun 08 ' ne , Cit Mana er Exhibits: N/A EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY See attached memo from Rebecca Grohall, Growth Manager Director. RECOMMENDATION No action is required on this information topic. It is presented based on Council request to provide policy formulation going forward. ,~ ~~,. ~r~ ,~ ~ILJ ~,_.~ CftY ~~ ~ga~" - ``'` ~, y :- HOME OF PELICAN ISLAND City of Sebastian Growth Management Department 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM DATE: June 5, 2008 TO: AI Minner, Cifi,~ Manager FROM: Rebecca Grohall, Director SUBJECT: Proposed Changes to St. John's River Water Management District Imgation Rules In 1991, the City of Sebastian adopted the St. John's River Water Management District (SJRWMD) regulations for irrigation of residential properties. The City re-adopted those guidelines and minor changes many times over the following years. Most recently, in April of 2006, the City further refined those guidelines in accordance with revised rules from SJRWMD. In Ordinance 06-02, the City adopted the twice weekly allowance for irrigation. Odd numbered addresses are limited to watering on Wednesdays and Saturdays. Even numbered addresses are limited to Thursday and Sundays. In all cases, watering must occur before 10:00 a.m. and after 4:00 PM; watering between 10:00 a.m. and 4:00 p.m. is not allowed. The rules allowed for exceptions from the twice a week restriction for people who utilized "reclaimed" water systems (often known as gray water) or for people watering from wet detention systems (i.e. stormwater ponds). The biggest changes being proposed are 1) Limiting twice a week watering when Daylight Savings Time is in effect, but only allowing 1 day a week watering when on Eastern Standard Time. 2} Changes to the specified days that watering can occur during twice a week and once a week watering. The theory is that way not 50% of all households (i.e. all the "odd" number) would be watering on one day ... but distribute watering throughout the City over many days. 3) Eliminate the distinction between residential and non-residential properties. ..~`~_ ~~ Page 2 4) Eliminate the exceptions for properties that utilize canals or stormwater ponds for their irrigation source. 5) Properties that utilize reclaimed water can apply for a special consumptive use permit that would allow for an additional watering day. The permit would be regulated through SJRWMD. 6) There are not any proposed changes to the exception for watering-in new landscaping (see below for more details). Other exceptions to the rules include: • Irrigation using amicro-irrigation (drip) system is allowed anytime. • Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for establishment. • Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and herbicides when required by law, the manufacturer, or best management practices, is allowed anytime within 24 hours of application. • Irrigation systems can be operated anytime for maintenance and repair purposes, not to exceed 10 minutes per hour per zone. • Irrigation using ahand-held hose equipped with a spray nozzle that can be adjusted so water flows only as needed is allowed anytime. • Discharge of water from awater-to-air air-conditioning unit or other water-dependent cooling system is not limited. The SJRWMD is holding several workshops during June and July to discuss these rules. The closed workshop will be held: June 19th, 10:00 AM - 12:00 PM at IRC Commission Chambers, 1801 27th Street, Building A. Others are listed in the attachment in Sanford, Jacksonville and Tavares. The rule making schedule for the District is: • June and July 2008 -Public workshops • September 2008 -Request Governing Board authorization to publish proposed rule • November 2008 -Public hearing on final rule December 2008 -File rule for adoption • March 2009 -Rule effective date Once the Water Management District has adopted their new regulations, the City will have the option of adopting the SJRWMD as part of the Code of Ordinances for the City of Sebastian. SJRWMD has started the rule amendment process in an effort to resolve and coordinate water restrictions inconsistencies with adjacent water management districts (i.e. f 2~ Page 3 the South Florida Water Management District and the Southwest Florida Water Management District). It should be noted that only the Cities of Sebastian and Fellsmere have adopted and implemented the SJRWMD rules, the County and other Cities within Indian River County have not done so. The purpose of the rule is to ensure lawn and landscape irrigation efficiency to reduce overall water demand. According to SJRWMD, lawn and landscape irrigation can account for more than 50 percent of total water use at residential and commercial locations. Lawns and landscapes generally require less water than is applied. Sixty-five percent of water sprinkled on lawns during the hottest part of the day is !ost to evaporation. When you water before 10 a.m. or after 4 p.m., the water can seep into the ground, promoting healthy plants that establish deep root systems. The Growth Management Department has available copies of the proposed rules as well as a booklet on water conservation tips available for residents or anyone wishing to stop by our office. 1~~ Memorandum Date: April 30, 2008 To: Governing Board Through: Kirby B. Green III, Executive Director Dave Fisk, Asst. Executive Director Hal Wilkening, Direc r Department of Reso Management Kathryn Mennella, General Counsel~L~c., Office of General Counsel ~~ ll William Congdon, Deputy General Counsel ~tdw G)~ Office of General Counsel 0 From: Dwight Jenkins, Consumptive Use Policy Development Coordinator Department of Resource Management Kris Davis, Asst. General Counsel ~~ Office of General Counsel Re: Authorization to publish a revised Notice of Proposed Rule Development to Amend the General Permit By Rule 40C-2.042, Florida Administrative Code (F.A.C.) and the Applicant's Handbook: Consumptive Uses of Water, regarding Water Conservation/Landscape Irrigation Recommendation Staff recommends that the Governing Board authorize staff to publish the attached Revised Notice of Proposed Rule Development (Notice) in the Florida Administrative Weekly to initiate the rulemaking process to amend Rule 40C-2.042, F.A.C. and Section 17 of the Applicant's Handbook: Consumptive Uses of Water. The revised Notice is attached to this memorandum. Background At the March 2008 Governing Board meeting, the Governing Board authorized staff to publish a Notice of Proposed Rule Development in the Florida Administrative Weekly to initiate the rulemaking process to amend Rule 40C-2.042, F.A.C. and Section 17 of the Applicant's Handbook: Consumptive Uses of Water. Subsequent to the Board's March 8 authorization, we became aware of sign cant inconsistency issues among the districts ^~~ - V66-1 ~. G despite the ongoing coordination efforts of staff. At the request of Mr. Green, the Executive Directors of the St. Johns River Water Management District, the South Florida Water Management District, and the Southwest Florida Water Management District met to discuss the Districts' water conservation rule initiatives and our desire to achieve maximum rule consistency across the water management districts. As a result of that meeting, the three districts are recommending additional revisions to their respective proposed water conservation rule amendments in order to address various issues raised during the meeting. Discussion The revised Notice includes the following recommended changes: (1 }revision of the ' landscape irrigation schedule to reflect a 2-day per week landscape irrigation schedule when Daylight Savings Time is in effect, and a 1-day per week landscape irrigation schedule when Eastern Standard Time is in effect; (2) revision of the specified two days on which irrigation can occur;(3) reinsertion of a 1-day per week schedule allowing irrigation to occur Monday through Friday, with the irrigation day based on the last number of an address or no address; ~(3) not including the amount of time an irrigation system can be operated; ~(~ deletion of the distinction between residential and non-residential properties; ~6~ inclusion of a provision allowing a user of reclaimed water to irrigate on a specified additional day when the provider obtains a District permit albwing this additional day of irrigation, when needed to address the operational, disposal, or storage concerns of the user's reclaimed water provider, and ~~ revision of standard general consumptive use permit application form number 40C-2-1082-2. Items 3 and 4 -(3) above are contrary to the Boarri's discussion in March. Staff is recommending reinsertion of the 1-day schedule (item ~ above) because experience in SWFWMD with the 1~iay schedule has shown that utilities need to balance water production and treatment over more days and in order to achieve consistency among the districts. Staff is also recommending not including the amount of time the irrigation system can be operated (item ~4 3 above) because of the high variability in irrigation system design (one time cannot account for the variability across systems) and to achieve consistency among the districts. It should be noted that we can revisit both of these issues based on the workshop and rulemaking effort to see if further refinement is necessary. Because of the revisions to the Notice, the four public workshops previously scheduled for May now are proposed for June and July. As in the previous notice, these workshops would be held in Jacksonville, Sanforci, Tavares, and Vero Beach. V66-2 ~~~,a d.~, ~~~ ~~¢ ST. JOHNS RIVER WATER MANAGEMENT DISTRICT NOTICE OF PROPOSED RULE DEVELOPMENT RULE NO.: RULE TITLE: 40C-2, F.A.C. Permitting Consumptive Uses of Water 40C-2.042, F.A.C. General Permit by Rule 40C-2.900, F.A.C. Forms and Instructions PURPOSE AND EFFECT: The purpose of the proposed rule development is to amend the General Pemut By Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.042, F.A.C. Amendments include: repeal of the exceptions for use of reclaimed water and recycled water from wet detention treatment ponds for irrigation; amendment to the limiting conditions to prohibit chemigation and fertigation between the hours of 10:00 a.m. and 4:00 p.m.; restriction of the watering-in of chemicals to '/< inch of water per application except as otherwise required by law, the manufacturer or best management practices; limitation of the operation of landscape irrigation systems for routine maintenance to 1 day per week; providing that where reclaimed water is available, use of private irrigation wells is not authorized; establishing a specific 2-day per week landscape irrigation schedule for the period of time when Daylight Savings Time is in effect; establishing a 1-day per week irrigation schedule for the period of time when Eastern Standazd Time is in effect; providing that an imgator using reclaimed water for imgation may irrigate on a specified additional day when the user's reclaimed water provider, in order to address the provider's operational, disposal or storage concerns, has obtained a District permit allowing the provider's customers to irrigate with V66-3 r reclaimed water on the specified additional day; providing limitations on the amount. of water than can be applied for landscape imgation; ' 4 m nnr~ ~ nn~r~v„~ ~,.~~ ~.~ r~; revising Form 40C-2-1082-2; and revising the Applicant's Handbook: Consumptive Uses of Water, to reflect these changes.- SUBJECT AREA TO BE ADDRESSED: Amendments to General Permit By Rule and related Applicant's Handbook: Consumptive Uses of Water, provisions regarding irrigation regulation. SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171, F.S. LAW IMPLEMENTED: 373.118, 373.219, 373.223, 373.250, 373.609, F.S. RULE DEVELOPMENT WORKSHOPS WILL BE HELD AT THE TIMES, DATES, AND PLACES LISTED BELOW: DATE AND TIIviE: June 18, 2008, 1:00 p.m. unti13:00 p.m. - PLACE: Seminole County Commission Chambers, 1101 East First Street, Sanford, FL 32771. DATE AND TIME: June 19, 2008, 10:00 a.m. until 12:00 noon. PLACE: Indian River County Commission Chambers, 1801 27`~ Street, Building A, Vero Beach FL 32960. DATE AND TIME: July 1, 2008, 10:00 a.m. until 12:00 noon. .PLACE: Department of Environmental Protection, 7825 Baymeadows Way, Rooms A and B, Jacksonville, FL 32256. DATE AND TIME: July 3, 2008, 10:00 a.m. until 12:00 noon. PLACE: Lake County Commission Chambers, 315 West Main St., Tavares, FL 32778. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT IS: Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns 2 V66-4 I ~~ River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386) 329- 4459, email nmesser@sjrwmd.com. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT: 1 40C-2.042 General Permit by Rule. A general consumptive use permit by rule is hereby established 2 for consumptive uses of water listed below that do not meet or exceed any permitting threshold 3 under Rule stthseetiea 40C-2.041(1), F.A.C., except as provided in Rule s7ths~iert 40C-2.042(8), 4 F.A.C. However, this rule seetiea shall not apply to domestic uses of water by individuals, i.e., 5 water used for the household purposes of drinking, bathing, cooking or sanitation. Persons using or 6 proposing to use water in a manner not authorized under this rule see~iex, must obtain a permit 7 pursuant to Chapters 40C-2, 40C-20, or 40C-22, F.A.C. 8 (1) The Board hereby grants a general permit to each person located within the District 9 to use, withdraw or divert water from any source to imgate agricultural crops, nursery plants, golf 10 courses and recreational areas, provided the irrigation does not occur between the hours of 10:00 11 a.m. and 4:00 p.m. daily and provided the amount of water uses is limited to only that necessary for 12 efficient utilization. Such water use shall be subject to the following exceptions and provisions: 13 (a) Irrigation using a micro-spray, micro-iet, or drip irrigation system is allowed 14 anytime provided the amount of water used is limited to only that necessary for efficient utilization 15 16 n,. ~n.,.:...c cc,...,«,,.. c .. ~ ,..,,:,,.. ~.,,.., z ___7.,:...e,7 , ,.,,e....,>.,t,..,.. -- =n,....ea ....,..;.,,o ........ ~... ~.b.-..... ....... .~.-..--. ~.-- ..J ...---- -_J'-___. 17 F-v *t, Fit,' .,r ..1, ,.1., v.7 , .,ro :..re ..1,..70 , ..te..,~_; ° r ~ r r r µ'b-~r ~J. ~J, 3 V66-5 ~~ yt ~~ ~ . 18 i a ~.• w ,.. ~e rrie ..«oa ~.~ .,«o v 19 20 ~ ~ -n,~ ...,~ ~c : ..,.i~a ...,«o.. a..,..., ..e« ao,o_..«:_.. «_en«w,e„h .,,...a.. c=~ =--o.,«;.... . Cel .., ~~..._.. .,..__ ~..__. ____ _ r_____ _ 21 22 23 ~~ Irrigation is allowed at any time of day for one 30-day period following planting of 2 4 agricultural crops or nursery stock, provided that the irrigation is limited to the minimum amount 2 5 necessary for crop or plant establishment. Irrigation of new recreational areas and newly seeded or 2 6 sprigged golf course areas is allowed at any time of day for orie 60_day period. 27 ~c~ Chemigation and fertigation are allowed on any at-any-ti~~e-e€ day one time per 2 8 week, provided these activities do not occur between the hours of 10:00 a.m. and 4:00 p.m. axd 29 - 3 0 ~~ Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, 31 and herbicides when required by law, the manufacturer, or best management practices is allowed 3 2 anytime within 24 hours of application. Watering in of chemicals shall not exceed'/< inch of water 3 3 per application except as otherwise required by law, the manufacturer, or best manasement 3 4 practices. 3 5 (eg(g) Irrigation systems may be operated anytime of day for maintenance and repair 3 6 purposes not to exceed ten minutes per hour per zone, but such operation must not occur more than 3 7 onetime per week. 3 8 Renumber (h) through (n) to (f) through (1) No change. 39 (2)(a) The Board hereby grants a general permit to each person located within the District 4 0 to use, withdraw or divert water from any source for landscape imgation„ 4 V66-6 a .:. .........., ~ ~~°' ~',, 41 42 anc~11 AA-per-dam n oio,., *+ i i i -t 43 44 5 0 For the purpose of this Wile, "landscape imgation" means the outside 51 watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, 52 vines, gazdens and other such flora that are situated in such diverse locations as residential azeas, 53 cemeteries, public, commercial, and industrial establishments, and public medians and rights of 5 4 way, but it: , " "does not include golf course greens, 5 5 tees, fairways, primary roughs, and vegetation associated with intensive recreational areas such as, 56 but not limited to, playgrounds, football, baseball and soccer fields. For the purpose of this rule, 57 "address" means the "house number" of a physical location of a specific property. This excludes 5 8 post office box numbers. If a lot number in a mobile home pazk or similar community is used by 5 9 the U S Postal Services to detemvne a delivery location, the lot number shall be the proUertV's 6 0 address An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or 61 letters A-M An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or 62 the letters N-Z. Landscape imgation must be in accordance with the following_provisions sksll-lie 5 1q`,~1 ~ '~~• V66-7 64 1 Durin¢ the time veriod when Daylieht Savi~s Time is in effect from the second 6 5 Sunday in March throush the fast Sunday in November no more than '/z inch of water may be 66 a~ylied der zone per day and irrigation must be performed in accordance with the following 67 irrigation schedule: 68 a Landscape im~ation at odd numbered addresses or no address may occur only on 6 9 Wednesday and Saturday and must not occur between 10:00 a.m. and 4:00 U.m.; and 7 0 b Landscape imsation at even numbered addresses may occur only on Thursday and 71 Sunday and must not occur between 10:00 a.m. and 4:00 p.m.: and 7 2 2 During the time period when Eastern Standard Time is in effect, from the first 7 3 Sunda~m November to the second Sunday in March no more than'/< inch of water may be apylied 7 4 per zone per day and imgation must be performed in accordance with the following im~ation 7 5 schedule: 7 6 a For addresses ending in 0 or 1 imgation may occur only on Monday and must not 7 7 occur between 10:00 am. and 4:00 p.m.; and 78 b For addresses ending in 2 or 3 imgation may occur only on Tuesday and must not 7 9 occur between 10:00_a.m. and 4:00 p.m.: and 80 c For addresses ending in 4 or 5 irrigation may occur only on Wednesday and must 81 not occur between 10:00 a.m. and 4:00 p.m.; and 82 d For addresses ending in 6 or 7 irrigation may occur only on Thursday and must not 83 occur between 10:00 a.m. and 4:00 p.m.; and 84 e For addresses ending in 8 9 or no address, imgation may occur only on Friday and 8 5 must not occur between 10:00 a.m. and 4:00 p.m. 6 ~~ ~ ~ .,~ 86 3 An imgator using_only reclaimed water may irrigate on a specified additional dav 87 when the irrigator's reclaimed water provider has obtained a District pemvt allowing the provider's 88 customers to irrigate with reclaimed water on the specified additional dav, to address the provider's 8 9 operational disposal or storage concerns. 9 0 4 All landscape irrigation shall be limited to only that necessary to meet landscape 91 needs. 92 5 Where reclaimed water is available the use of private imgation wells for landscape 9 3 irrigation is not authorized under this subsection. 9 4 6 Andperson who irrigates landscape with an automatic lawn sprinkler svstem 9 5 installed after May 1991 shall install maintain and operate a rain sensor device or switch that 9 6 overrides the irrigation svstem when adequate rainfall has occurred 97 7.-~ Irrigation using amicro-snrav, micro-jet or drip irrigation ~ieFe-irfigatie~ system is 9 8 allowed at anv time of dav on an~ay, provided the amount of water used is limited to only that 9 9 necessary for efficient utilization sa~ae. 10 0 8.~ Irrigation of new landscape is allowed on Monday hg Friday at any time of day 101 ex-a~-day for the initial 30 days following installation and on Monday, Wednesday and Friday sad 10 2 e~ver3~-etl~er~ley for the next 30 days for a total of one 60-day period, provided that the imgation is 103 limited to the minimum amount necessary for such landscape establishment. 104 9.3: Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, 10 5 and herbicides when required by law, the manufacturer, or best management practices is allowed at 10 6 anv time of dav on anv dav aa3~ae within 24 hours of application. Watering in of chemicals shall 107 not exceed ''/a inch of water per ~ lp ication except as otherwise required by law, the manufacturer, 10 8 or best management practices. 7 ~~~ ~..-. 10 9 10.4. Irrigation systems may be operated at anv time of damson anv day awe for 110 maintenance and repair purposes not to exceed ten minutes per hour per zone but such operation 111 must not occur more than one time per week, 112 11.x: Irrigation using ahand-held hose equipped with an automatic shut-off nozzle is 113 allowed at any time of day on any damprovided the amount of water used is limited to only that 114 necessary for efficient utilization Vie. 115 Renumber (6) to (12) No change. 116 ~a~~`-•.ater~~eelc~,ed-meter s3ste~ ~s allet~~ed aye-;ter- 117 118 , 119 120 ~ 'n. e „c _ „a,.a ,..«e_ a,.,.. ,o, ao.o..«:,.., «..o.,,,,.o..t .,a~_~ ,....:,. 121 , 122 123 (b)1. A local government is strongly encouraged to enforce Rule 40C-2.042-pa~a~ 12 4 (2)(a). F.A.C., within its jurisdiction by adopting a landscape imeation a~ ordinance that 12 5 incorporates each of the ~se~ema °~o provisions set forth in Rule 40C-2.042(21(al. F.A.C. I€ 126 *wo ~,.,...i ,. ,.~.,.,...v~ .,. ;ao.,.:~. ~ o,.:a,. a,,..~ „ .,.w:,.w i.,.,,~..,.....e : ,..,+:,,,, ..,:n ,. 127 128 129 ~d 130 131 8 ~.... 132 e. wr •a ,• t t a R «:,....., „t.° a°..:,,..,,.°a ,.., «,,.,..,t.°_.,...:,.,, a.,,,.. ,,,w°.. 133 134 2. $ei-the-p~ese~~tlti ,t° ..aa_° .>,° «t,,, ° ..,t.° ,.~ ., .,t,.. .,t 135 t,,..,.`:^^ ^c-~spesi:~:o-~~^~,...«.,-This-ineltt~s~~te" ...r.°x. >,,,. °,,,,t„a°....,.~, ,.c~,.° t,,.., 13 6 ..,>,e_.. rf ° t~... ...r.,,..: .,,,.>,:t° ~.,....° .<.,_i. ,. .,,:t..~ ,. .,:.., ; ~°a w„ .>,° r r c v„~+°t 137 ~°~,:,.,, «,, a°.,,..,,:.,° ,, a°t:.,°~. t°,.,.,:,.., ,w° t,..., .,..t,°.- ~>,„n ~,° .>,° ... ..°.,..+...,aa~°~~ n.. 138 13 9 «,.aa ....,>,,...°a ..aa,.°~..++..,°,,...... ..aa..°.,.. °,.a;..,.:.. ,w° ......,t.°_,, t ~ c ~ n °_,t.° t°..°_.. ~r ~ 140 Renumber 3. to 2. No change. 141 3.4. Where a local ¢overnment has adopted a landscape irrigation ordinance, ilf the 142 strict application of the ~i€er-~l-y required "dav of week" schedule F ~ ....°~:F°a "a°° ,.~ °.°°>r" 143 limitations would lead to unreasonable or unfair results in particulaz instances, the local 144 government may grant a variance from the specific days for landscape irrigation identified in 145 Rule 40C-2.042 ~~'~ (2)~~}l. and 2.. F.A.C., provided that the applicant 14 6 demonstrates with particularity that compliance with the schedule of days for landscape 147 irrigation will result in a substantial economic, health or other hardship on the applicant 14 8 requesting the variance or those served by the applicant. Where a contiguous property is divided 149 into different zones, a variance may be granted hereunder so that each zone may be imgated on 150 different days than other zones of the property. However, no single zone may be irrigated more 151 than 2 days per week during the period of Daylight Savings Time and no more than 1 day~er 152 week durint? the ueriod of Eastern Standard Time da~weele. Local governments shall not 153 grant a variance from any other~rovision of this rule. 9 m,.-•~-~ V66-11 ~t 1~~` n~ ~~,,. 154 4.3: At least thirty (39) days prior to the adoption of an ordinance to enforce Rule 155 ~ 40C-2.042(2)(a), F.A.C., the local government shall provide a copy of the proposed 15 6 ordinance to the District. 157 ~(~ A person proposing to use water for landscape irrigation where factors establish 158 the need for irrigation to occur on three days per week when Daylight Savings Time is in effect 159 and/or 2 days per week when Eastern Standard time is in effect may submit an application for a 16 0 Standazd General Constunptive Use Permit for Landscape Irrigation Three Days Per Week When 161 Daylight Savings Time is in Effect and/or Two Days Per Week When Eastern Standard Time is 162 in Effect using form 40C-2-1082-2, pursuant to Chapter 40C-20, F.A.C. This Hermit application 163 is limited to including no more than twenty-five (~) nearby properties within a common plan of 16 4 development. If a development consists of more than one phase or section, the twenty-five (~} 16 5 properties must be located within a single phase or section. Persons authorized to irrigate on an 166 additional day using reclaimed water pursuant to Rule 40C-2.042(21(a)3., F.A.C., are not 167 required to obtain a Standard General Constunptive Use Permit for Landscape Irrigation Three 168 Days Per Week When Daylight Savings Time is in Effect and/or Two Days Per Week When 169 Eastern Standard Time is in Effect. 17 0 (~~ n tt ~ _ t...,,t..,,,. ....: .....:.... ~...,,, ~v..+e~ et,,,,.,,,rta_n_ae_ >; n v nnnn ~~ 171 +t. + >, + a F+t, ~ ,.+: a a..+e ..c+>,;~ _.,te ..t,.,n t,o .,„+o.....+:,...n...;.,+e..,te,t F . „ ~ 'r 172 +' a • ,...a.,..,.o ,.,;+t, +>,e +e...,,~ ,,.,,t ,. ,,,t:+:,,..~ „f+t,e . o rt,. „+t.e.. ,.t,.,.,,.e.. r 173 - 174 +~ a r ..+ o..+o ot~ ..t,o a_ +>,: ,to :n ~+.,..a,._a 17 5 ger3~i~ 17 6 (3) through (7) No change. 10 .,b,.,,... ,,, V66-12 ,a° '"T s 177 (8) The Board hereby grants a general permit to each person located within the 17 8 District to withdraw groundwater from a well solely to irrigate a total of one acre or less of 179 landscape on contiguous property, provided the withdrawal does not meet or exceed any 180 thresholds of Rule pa~agragi~s 40C-2.041(1)(a)-(c), F.A.C. Where reclaimed water is available, 181 the use of private irrigation wells for landscape irrigation is not authorized under this subsection. 182 This permit is subject to all the provisions en3er~s in Rule ~ 40C-2.042(2)(a), 183 F.A.C. 18 4 Specific Authority 373.044, 373.113, 373.1 ] 8, 373.171 FS. Law Implemented 373.118, 373.219, 185 373.223, 373.250, 373.609 FS. History--New 7-23-91 Amended 1-7-99, 2-15-06, 186 187 188 40C-2.900 Forms and Instructions. 189 (1) No change. 19 0 (2) Standard General Consumptive Use Permit for Landscape Irrigation Three Days Per 191 Week When Dam t Savings Time is in Effect and/or Two Days Per Week When Eastern 19 2 Standard Time is in Effect, form number 40C-2-1082-2 revised (e ffective date), °~ ~'~^- '' ' ~ ^~ is 193 hereby incorporated by reference. 194 (3) and (4) No change. 195 Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.109, 373.116, 373.118, 196 373.219, 373.229 FS. History-- New 5-30-90. Amended 7-21-91, 7-23-91, 1-20-93, 2-IS-95, 4-25- 197 96, 10-2-96,1-7-99, 2-15-06, 198 199 APPLICANT'S HANDBOOK SECTIONS: 11 ~~ ~~ ,, V66-13 2 0 0 17.0 General Conditions by Type of Use 201 2 02 17.1 Public Supply-Type Uses 203 2 0 4 The following general conditions aze generally applied to permits for public supply- 2 0 5 type uses: 206 2 0 7 (a) through (d) No change. 208 2 0 9 (e) Landscape irrigation shall be in conformity with the requirements set forth in 210 Rule 40C-2.042(2), F.A.C. ' . 211 n.nn .,a ..t,,,tt .,,.. „ e .t,.,., ,,,,,, a.,..,... vet. a e...., r 212 €elle~s: 213 214 1 r..,., .,.; o o 215 216 ~• ~rt. ,.r_,,,.t..:.,,..a .....,._ c ..:...:,...,;,.., : .,n,....oa .,.,.,.; 217 218 219 *t, ..:«:,.t ~n a.,..,..,.,a o o ,,,>,o~ a.,.. F ~.t,o „o.,. ~n a,,,,~ Faz o ~~ 220 221 222 12 V66-14 ~°° -~ ``'~ '~,~ ....ry..~ 223 ~ it~atoxm~kF3 ai ci e~332E&lS, x361"ni33g-i~3Se8~Et~eS,~^°^~av^'iacc°T ~o R,. 224 0 •i• ~. ,. :ae ..a we_w: :ae .,i..e o,. .~ t,~. i.. .we 225 226 227 228 ~ i....:,.,.,:,.,. ,,.«v,....... ~e „ e..,,«oa ....:...o s .. :.,.,.,...,,.o .,,,a Y J 229 230 2 31 (f) The water conservation plan submitted to the District on (date) ,must be 2 3 2 implemented in accordance with the implementation schedule contained 2 3 3 therein. 234 2 3 5 17.2 and 17.3 No change. 236 2 3 7 17.4 Agricultural Uses 238 2 3 9 The following conditions are generally applied to individual permits for agricultural- 2 4 0 type uses: 241 242 (a) The allocations stated above may be exceeded when the permittee must use 243 water for freeze protection. Freeze protection is defined as the periodic and 244 infrequent use of water to protect agricultural and nursery crops from 245 permanent damage due to low temperatures. This action would be taken in 13 V66-15 1 ~ ~t 2 4 6 response to forecasts of freezing temperatures by weather forecasting 247 services. The permittee must maintain records of when water withdrawals 2 4 g for freeze protection are taking place, including the date of such withdrawal, 2 4 g duration of each withdrawal, and the rate at which withdrawals are taking 2 5 0 place. These records must be submitted along with any required withdrawal 2 51 records. 252 2 5 3 (b) Irrigation of agricultural crops shall be in conformity with the requirements 2 54 set forth in Rule 40C-2.042(2), F.A.C. ~ ~°''~'~~'°a '~°~°°°~ «"° ''^"'°-"f 255 tn.nn .,.tn.nn...., ° °..«.,~cn,,,,~. ., 256 257 } T.... °«;° _ ° ° ..~.:. -- 258 259 2. ~m~f:ae:~::ed'..,°«°.. r ..:.,.:b.,«:°., ? ^nc.:ca ~ ~,«:....° 260 261 3. Th 2 :..,.. ~F .. <,°t°a :,,«°.. ~.V~ .:°+ a°+°.,+:,,,, +..°~+,,.°~+ ..°.. a.. +° 262 263 264 2 65 4. T.._:,.°+;°..: °tt,.«.°a .. ., «:...° °r a°.. r _ ° ° ~n a°., .. ,.a c n°..,:..,. 266 , 267 - 268 14 V66-16 .,..~ ~ ,S ~: 269 ~. ewe„.:,.,.«:,.., ,,..a r ...;,.,,a,,..., s .,n,.,,,oa .,, ., ...:..,e „Fa,,,> „ o.;..,o 270 2 71 ~~~~ 272 2 7 3 6. Vde4eri~-i~t e€~~e~isals, ~tsle~ng-~sesE~si~es, ~~-~' 274 c ...:r.,o... a...,.:,.:av.. ..a we..~.:,.:ae.. ,,.wo., o ..oa ~... i.,... «wo 275 276 . 277 278 279 280 281 8. T.n:,...«:,... ,.~ ., ,.i.,,_,.i ,. ,. i.,. ~ee a ,..«e..,...,.~.:,.~. _e,,..i..«e 283 284 , 285 .,a «wo..o ; ,. a:..,.w....,,~ ~..,...>.,~., i.nn .. .,a -r.nn ., .,io..~ 286 ea . ,:«~......,._... a e..« 287 2 O 8 .. '1'4,e . o ..~ .....«o: k.. ......40..« .. ..~4.,~..~ .. .. ~-...« ~.....« ..,. ~.e..,o 289 290 ~...., ,.r~,.:.,i , s.,«~,o.. r ..o,.,,..«:..R .. 291 15 V66-17 .~~ 292 19 ~. f « , r..., ,.a • ,.i,,,_.,r ,.r,. ~,. t,o.,, ~~,.o.. 293 2 9 4 .., . ..... .. ........~ r......._, 296 xxxx6uc~r-or cccgrrxcmxcss~ cicp$ vTau" g b • 298 299 300 (c) The water conservation plan submitted to the District on (date) ,must be 3 01 implemented in accordance with the implementation schedule contained 3 0 2 therein. 303 3 0 4 17.5 Nursery Use 305 306 The following conditions is are generally applied to individual permits for nursery- 3 0 7 type uses: 308 309 (a) Irrigation of nursery plants shall be in conformity with the requirements set 310 forth in Rule 40C-2.042(2), F.A.C. ' 311 .,a n:nn ., .,, o,...,~ F n,,,,.~. 312 313 ~. r-..:..,.,:,,,, . ,.,,«:,.,, ...~,o...: .,u,,,,.oa ,,.,,h;.,.o 314 16 V66-18 315 ~ T-t.e , ,.c_,.,.t,,:„.°a . _ r _ :~:,...«: „n,,,,sa .,.,,..:,,,e ~. 316 317 3. 'rt,e ..v _e ,.toa ..,.o.. a,..,., a,«.,...:,,., «.e.,..,,.e.,. ,...a~ ,,, 318 319 . 320 321 4. r..... ,.n,. ,.a ..: o „Fa... c ~n a., „a F tt,,,. 322 323 324 3 2 5 3. r-.t,e..,:. ....:.... ....a F ...:,..,.:,,..., o .,n,.,..va ,,... ,..:..,e ,.~ ,~,,.. ,,,,o +;....e 326 „~t. .,a ....,..:..,o a,,,.:,,R «t,., .. ,....,t n.nn .. «„ tn,nn ., 3 2 7 ~ga#~ex-keys: 328 329 , 330 , 331 332 333 334 7. T.,:,,.,.:,,., ~,.~«o.,,...., t.e ,, e,..,.va ...,+:~.e c _ .,, :...e...,.,..e ,,.,a 3 3 5 0 ,...,, o ooa «e., ... ...v...... t,,,,....,~,.., e 336 17 V66-19 ~~ 3 3 7 g -n. f .,. .. °.°,.« .. .,t °,tt~ _~", a,.,.. a° ° r J r 338 339 340 1110 Y~ J r 342 > 343 '-=~ '"" ~~--- ~- ~- ....,°„~~,__~*°..°~°a ..°.. J pc- .~. Yom. --r - - r-----r-- 344 3 4 5 (b) The water conservation plan submitted to the District on (date) ,must be 3 4 6 implemented in accordance with the implementation schedule contained 3 4 7 therein. 348 3 4 9 17.6 No change. 350 3 51 17.7 Golf Course/Recreation Use 352 3 5 3 The following conditions are generally applied to individual permits for golf course- 3 5 4 type uses and recreation-type uses: 355 3 5 6 (a) Golf course and recreational imgation shall be in conformity with the 3 57 requirements set forth in Rule 40C-2.042(2), F.A.C. is-pFe'~~'-~'~a '-~~ 3 58 .t,e t,.. ,.r i n.nn .. .,a n:nn .. ~ .. • ..^ ~^n~..... 359 18 V66-20 ~ - ~`` ~~ ~ ~ ~~~, 360 361 3 62 2 ~ 't'om o ..t., va . .,.e. F .,'+;,, , a„ ;.+:...,o 363 364 ~ ~rt•. r t a +e. ~.,, .o+ ao+o.,,;,, ._e,.+..,...,+ ..a., .,. i~ 365 + tv e .,a e e.,+:,..,t ..n,. „a :..:.., a 366 367 368 369 q r +: ,.c .,,:,. r .,t,,..,;., ,.,,tr v ..a > a 370 371 •a a ,,,,,:,... ,:...:+sa .., +t,o ,,.+ r c .. Yt.,.,+ 372 + r,t• t, + r....:,...+:,... ,.F .,o..,t,. ~ooaoa ,.. ,..,.:,,,,mot ,.,.tc ,.,.., 373 374 ~. ter.,, ..+:,. ..a c ..«:,..,.:,, .,tt„ va ~+., „~ 375 eet. ..a .,+:...o a., +t,s ~t e.nrLn~_~„ tn.nn u.,,,. 376 e~ 377 3 7 8 6. Wt~~ei~g---m-~-~e~nlsals, ~elxc-leg-l~ses~si~es; -gestieides; 379 r .~:t:..e.,. ~...,.:,.:ae,. ,,.,a t,o.t.:,.:ao~ .,.t,o„ .va t•„,_t..... +r.e 380 381 - 382 ~~~ 19 V66-21 383 ~ T .;,. .....e.., we ro_.,.~ ~,,.:...e F _ .,.o...,..,.e ..a 384 385 386 • 387 > 388 389 3 9 0 (b) The water conservation plan submitted to the District on (date) ,must be 3 91 implemented in accordance with the implementation schedule contained 3 9 2 therein. 20 V66-22 . m o St. Johns River Water Management District Application for Standard General Consumptive Use Permit For Landscape Irrigation Three Days Per Week When Daylictht Savin~ts Time is in Effect and/or Two Days Per Week When Eastern Standard Time is in Effect IMPORTANT INFORMATION TO READ BEFORE COMPLETING THIS APPLICATION Landscape irrigation is currently authorized for no more than 2 days per week when Daylight Savings Time is in effect and no more than 1 day per week when Eastern Standard Time is in effect in accordance; with the following provisions aril-e*septieas: 1. Irrigation using amicro-spray, micro jet or drip irrigation ~isFe-ifr+gatlea system is allowed at any time of day on any day, provided the amount of water used is limited to only that necessary for efficient utilization a+~rtiFne. 2. Irrigation of new landscape; is allowed on Monday through Friday at any time of day ea-a~-y day for the initial 30 days following installation and on Monday. Wednesday and Friday grad e~rePy-etfier~day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day aay~e within 24 hours of application. Watering in of chemicals shall not exceed'/, inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day anyt+Rae for maintenance and repair purposes not to exceed ten minutes per hour per zone but such operation shall not occur more than one time per week. 5. Irrigation using ahand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. provided the amount of water used is limited to only that necessary for efficient utilization awe. 6. Discharge of water from awater-to-air air conditioning unit or other water dependent cooling system is not limited by this permit. Form Number 40C-2-1082-2 Revised (effective date) €#estive--2-15-06 Page 1 of 3 "~ V66-23 f t .,.~ ~,. ,~ ._..--,~ In most cases, healthy landscape can be maintained with no more than 2 days per week irrigation when Davtipht Savings Time is in effect and no more than 1 day per week when Eastern Standard Time is in effect. For more information on effective and healthy landscape irrigation, visit the District's website at www.sirwmd.com. This is an application for a standard general permit to irrigate landscape 3 days per week when Davli4ht SaVIr1QS Time is in effect and/or 2 days per week when Eastem Standard Time is in effect. This form can only be used for smaller irrigation uses that are below the consumptive use permit thresholds in Rule 40C-2.041, F.A.C. A permit application fee of $50 must be submitted with this form. You are encouraged to file this application online, including payment of the application fee using the designated payment methods available on the District's website: www.sirwmd.com Completion of the following information is required for the application to be reviewed. Form Number 40G2-1082-2 Revised (eBective date) €#esAve-2-35-06 Page 2 of 3 V66-24 ~, ~~ ~~ ~! Application for Standard General Consumptive Use Permit For Landscape Irrigation Three Days Per Week When Daylight Savings Time is In Effect and/or Two Days Per Week When Eastern Standard Name: Organization or Business Name: Mailing Address: City, State, ZIP: Phone Number: ( ) Email Address: ADDRESS]NfORMATION (please print) Is the property address the same as listed above? YES ^ NO ^ If no, please provide: Property Address: City, County, State, ZIP: If more than one roe is included in this a lication, the Su lemental Information Form must be com /eted. PROPERTYDINNERSFIIP INFORMATION {pleas®print) Is the applicant also the property owner? YES ^ NO ^ If no, please provide: Property Owner Name: Mailing Address: City, State, ZIP: Phone Number: (_) Email Address: 1. What is the total size of this property (in acres)? 2. What is the size of the landscape area on this property that will be irrigated (in acres)? 3. Please explain the necessity to ircigate your landscape 3 days per week when DavliQht Savin4s Time is in effect and/or 2 days per week when Eastern Standard Time is in effect. Attach additional pages as necessary. APPLICANT'S NAME (Please print) APPLICANT'S SIGNATURE DATE If a person other than applicant has completed this form, that person certifies by his signature below that he is acting as an authorized agent of the applicant and his signature will be certification that he is in fact the authorized agent. AGENT'S NAME (Please print) AGENT'S SIGNATURE FOR DISTRICT USE ONLY: Date Received: Fonn Number 40C-2-1082-2 Revised (effective dare) Page 3 of 3 V66-25 1~~ DATE Fee included: YES ^ NO ^ Supplemental Information Form For Multiple Properties Standard General Consumptive Use Permit For Landscape Irrigation Three Days Per Week When Dayli~ht Savings Time Is In Effect andlor Two Days Per Week When Eastern Standard Time Is In Effect Please note, the applicant or agent will be responsible for providing all information regarding this permit to the resident or owner of the individual properties included in this permit application. PROPEFtT'al NAME 4TID ADDRESS (please prrnf) Provide the name and location of the subdivision or development where the multiple properties are located that are the subject of this permit application. Subdivision or Development Name: City, County, State, ZIP: JUSTIFJCATI©N {please~ricit) , Provide the common basis that is the reason these properties should be considered eligible for 3 days per week irrigation when Daylight Savings Time is in effect and/or 2 days per week when Eastern Standard Time is in effect. (For example, type of soil, type of vegetation, depth of water table, pest problems, etc.). - MUI:TIPLE~PRDPE;KTIES A maximum of 25 individual properties may be included in this permit application. The properties must be located within an area that is all or a part of a common plan of development such as a platted subdivision. If the development consists of more than one phase or section, alltwenty-five (25) properties must be located within a single phase gr section. Form Number 40C-2-1082-2 Revised /effective date) t'F°°•~-~,.~-.' ' ° ^~ Page 1 of 3 V66-26 ~~ How many properties are being included in this permit application? Please complete the following table and provide the requested information for each individual property that is the subject of this permit application. Form Number 40C-2-1082-2 Revised (effective date) t"^^•^° ' ` ^` Page 2 of 3 V66-27 l~~ ~' m ` • a Q m W m '~' m ,v,. Z ~ ~ 61 m.C ' ,F ... m ~ ` '0 ~ Q ~ C C ~.. m m ~ u>. 'p b ~ d c ~ 3 o ~.;;;- c~ : rv~ : m m ` o£ °.. a ®Z m N M ~ ~ (O I~ W O O ~ i ~ V to O r 00 m O N N N N M N ~ N to N V66-28 M w 0 M A a .~~~~ /~5~..~ Agenda Item #11 A (separate cover) C~f~c~ o~ t~l~ '(~'ity ~1t~tr~sr~~~~ To: Mayor and Council From: Rich Stringer 2 Date: June 5, 2008 Re: Lot Clearing History Enclosed is the documented history of the scrub jay issues regarding the City of Sebastian's efforts in developing clot-clearing ordinance. Prior to the time reflected in the enclosed materials, a number attempts at lot-clearing ordinances were considered, but each failed for reasons other than federal scrub jay restrictions. Materials from v26io6 Council Meeting: > AGENDA TRANSMITTAL > DRAFT ORDINANCE 0~06~07 > MINUTES 8 pages 0 City of Sebastian, Florida o~~c~ ~ °rti~. crrY ~~rro~rt~Y AGENDA TRANSMITTAL Agenda No. 0(Q~, (~ Subject: Overgrown lots as nuisance; Date Submitted: 7/19/06 Ordinance 0-06-07 For Agenda of: 7/26/06 SUMMARY: Attached is back-up material from the two times during my tenure that proposed action has been considered on the issue of overgrown lots. This is a complex issue that had been addressed many times through the years without a suitable solution The draft ordinance attempts to balance paramount concerns for the enjoyment of property and safety of our residents with the reasonable burdens to be placed upon vacant landowners. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: X25 ~~ "~~~ iZ~ ORDINANCE NO.O-06- p'J AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, as more platted lots in Sebastian have been improved, the effects of vegetative overgrowth on vacant lots have become an increased nuisance to the residents of the City from the standpoint of both fire safety and maintenance along boundaries; and WHEREAS, it is in the public interest to utilize the nuisance abatement provisions of the Code to address this problem; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That section 66-3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to add a subsection (13) to read as follows: Sec. 66-3. Illustrative enumeration. (13) Non-native trees,. as well as an overgrowth of vegetation such as brush, vines or weeds, within twenty feet of the lot line of an unimproved property where said lot line abuts a parcel improved with a residential structure. Section 2. CONFLICT. All code provisions in conflict herewith are repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: ~2 t-. Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this .2006. ATTEST: day of CITY OF SEBASTIAN, FLORIDA By: Mayor Sally A. Maio, MMC Gty Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ~~ j ~~~ S~ET~W HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 26, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the regular meeting to order at 7:00 p.m. 2. Council Member Neglia led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster City Council Absent: Vice-Mayor Brian Burkeen (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Records Manager Specialist, Donna Cyr MIS Systems Analyst, Barbara Brooke Growth Management Director, Rebecca Grohall Zoning Technician, Dorri Bosworth Police Chief, Jim Davis 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) None. ,,., Regular City Council Meeting July 26, 2006 Page Seven Mr. Neglia asked if AV gas with octane would be sold and the City Manager replied that only SkyDive Sebastian uses jet fuel and they transport it into the airport. Ms. Coy did not have a problem with the tank size and stated that if the airport becomes busy the City can control the price and hours to decrease traffic. A MOTION was made by Mr. Neglia and SECOND by Ms. Coy to approve a construction contract with Glasgow Equipment Service Company for an aviation self-serve facility with a roll call -vote of 3-1. (Paternoster-nay) 06.114 C. First Reading Ordinance No. 0-06-07 - Overgrown Lots - Schedule Public Hearing 125-128 for August 23, 2006 If Appropriate (City Attorney Transmittal, 0-06-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read the title and stated there is a problem and defining overgrowth would be a problem and a grubbing permit may be required by individuals wanting to clear, which would burden staff. He suggested a clearing permit valid for one-year periods. John Sindler showed pictures of his back yard that he has been clearing for 12 years. Trish Adams, biologist with the U.S. Fish and Wildlife Service suggested consistency determinations be sought from the Service because scrub jays have adapted to Brazilian peppers and perhaps clearing could be prohibited during nesting season (March-June). She also explained that unless control and treatment is applied to the trees, trimming will exasperate the problem. She did not favor using boy scouts to remove the trees because chain saws and chemicals are needed. She also pointed out that birds sit on power lines and seed/fertilize the easements throughout the City. The City Attorney stated the two basis to justify this is nuisance and fire hazard so we should talk to the Fire Dept. to see what a nice break would be. Mr. Neglia said the Division of Forestry might be able to help with that. Louise Kautenburg pointed out that clearing both sides of a lots greatly reduces wildlife habitat. She advised them to mow the lot edges every week. Eugene Wolff pointed out the overgrown lots provide wind and sound barriers. He said there are over 4,000 vacant lots in Sebastian drawing no City services but assessed at $900.00 a year in taxes. Mr. Wolff pointed out how much taxes Mr. Sindler pays compared to the neighboring vacant lot owner. He said recently he helped a homeowner hire a lawn service to remove three dead trees for $300.00 in addition to his property taxes comes to $500.00. He said the -~ ~ ~~, Regular City Council Meeting July 26, 2006 Page Eight clearing requirement may move people to start selling their lots. He also said out of town lot owners would be at the mercy of landscapers when their lots are cleared. Mr. Paternoster asked if he checked with the City to approve the tree removal. The City Attorney advised the Building Department would issue a no-fee tree removal permit for such cases. Ms. Coy expressed offense in the tax comparison, stating it should be noted how many years Mr. Sindler has paid taxes and the vacant owner is not homesteaded. She said all taxpayers are important regardless of the amount they pay in taxes. Bill Poser, 650 Dempsey, asked whom he should call if he gets flooded. The City Manager took him aside. Ellen White stated no one complains about her uncleared vacant lot. Mr. Sindler said the unimproved lot did not protect his home from the hurricanes. Pat Dempsey suggested if adjacent owner can't clear lot have vacant owner pay the City to do it. Ms. Coy stated that any decision she participates in will never be based on how much taxes someone pays. She suggested if there is no response from a lot owner to have the current mowing contractor clear the edge. The City Attorney suggested limiting the ordinance to dead trees or limbs that cross the line. He said the biggest problem is the elderly. Ms. Coy suggested limiting the clearing to two feet of invasive debris and if the City does the clearing, send the owner a bill. She pointed out that we are already clearing swales of out-of-towners. The City Manager said discussions with staff have led to nuisance issue and Code Enforcement seems to be loaded down. Ms. Coy suggested putting the fine amount in the letter. Mr. Paternoster said he has been discussing all of this just this past week with the City Manager. The City Attorney suggested a total rewrite to include 5 feet, include vines and weeds and take out the permitting requirement for clearing within the drainage easement. He said the incidental take permit would have to be reviewed because there is an obligation to maintain habitat until a house goes up. He said a clearance from U.S. Fish and Wildlife Service may be needed. Mr. Neglia said 5 feet is the way to go and this should apply to everyone. Mayor McCollum said the pepper trees saved his house during the hurricanes .~,, ~. Regular City Council Meeting July 26, 2006 Page Nine The City Attorney said a 14-day notice would be given. If no action, the City would do it and send a bill to be paid within 14 days and if there is still no action the City would lien the property. It was the consensus of Council that since there were so many changes that the whole ordinance be re-written and brought back for a new first reading in about a month so there is time to contact the US Fish and Wildlife Service. 06.128 D. November and December Holiday Schedule (City Clerk Transmittal, Calendars) 129-132 The City Manager explained that the Clerk needed this for election planning. Mr. Neglia asked about the Parks & Recreation Committee meeting on Christmas day. The Deputy Clerk explained that is just where it falls and it would probably be rescheduled. 06.120 E. BellSouth Utility Easement (City Manager Transmittal, Map, Easement) 133-139 The City Attorney said the Miami BellSouth attorney had a few concerns with the easement and it would come back to Council in the future. 13. CITY ATTORNEY MATTERS He stated after further reviewing the Department of Corrections contracts, there would be a necessary change to hold the City harmless. He reported that the Paradise Marina site plan had been rejected and Council should not talk to anyone about it because they are the appellant body. He requested that only the three contiguous counties bar associations be contacted for applications for the code enforcement magistrate. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mr. Paternoster Reported on his public forum regarding drainage issues and advised the pubic he is working on drainage resolution. He reminded the City Attorney that he is waiting on legal opinion as to trespassing on private property to reach backyard easements. 9 ~~ ... Materials from 8/23/06 Council Meeting: > ACI~I~IDA ~TRAI~ISMITTAL > `7 j ~ 810 6 ADAMS ~~MAI L > DRAFT ORDII~iAI~IGI~ 0~06~0~7 > MII~iUT~S 7 pages ~~~~_ ~ ~ ~ x ,, 12 City of Sebastian, Florida ®~F~~~~~ ~F~ T~~~ c~~~ TT~~R~~~ AGENDA TRANSMITTAL Agenda No. Subject: Residential lot clear zone; Date Submitted: 8/17/06 Ordinance 0-06-07 For Agenda o£ 8/23/06 SUMMARY: Based upon the attached comments from the U.S. Fish & Wildlife Service office, it is recommended that we fine-tool our draft ordinance with an eye towards scrub-jay issues, then submit it for a consistency determination from the FWS. RECOMMENDED ACTION: Defer action for redrafting of Ordinance, perhaps submitting the same for review by one or more advisory committees of the Council. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ~~ l Sally Maio From: Rich Stringer Sent: Thursday, August 17, 200611:46 AM To: Sally Maio Subject: FW: Proposed vacant lot clearing resolution and ESA implications Importance: High -----Original Message------ From: Trish Adams@fws.gov [mailto:Trish Adams@fws.gov] Sent: Friday, July 28, 2006 10:11 AM To: rstringer@cityofsebastian.org Cc: aminner@cityofsebastian.org; Spencer_Simon@fws.gov; council@cityofsebastian,org Subject: Proposed vacant lot clearing resolution and ESA implications Importance: High Hi Rich, I just wanted to follow-up on the comments I provided at the City Council meeting on Wednesday night regarding the proposed vacant lot clearing resolution. I would like to reiterate my recommendation that the city submit a request to the Fish and Wildlife Service for a consistency determination. with the city's Scrub-jay Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP). There is a potential for the scrub-jays to be directly impacted (loss of nests, eggs, and young) if clearing occurs during the scrub-jay nesting season, particularly in areas where we know scrub-jays occur. Once we receive the consistency request, I will review the ITP closely., but off the top of my head I don't believe this type of direct affect is authorized in the ITP (only indirect affects). Thank you for recommending to the Council that consultation with the Fish and Wildlife Service should occur. If the city submits a consistency request, it. would be helpful to us if a complete description of the proposal is included. You may want to consider providing information such as the number of lots to be affected; their location; proximity to conservation lands and scrub-jay locations; specific types of vegetation to be removed; quantify the amount and type of native habitat to be removed (particularly scrub); methods to be implemented to control the proliferation of Brazilian pepper; frequency of clearing, etc.). I suggest that the city consider including avoidance and minimization measures to minimize impacts to the scrub-jay in the request. If the comments from the Council, specifically that they are not likely to support the provision of avoiding clearing activities during the scrub-jay nesting season and allow the removal of scrub habitat (e.g., scrub oaks), prevail then I suggest that the city consider either amending the-existing HCP/ITP or seek a new ITP to avoid potential violations of the Endangered Species Act (ESA) because this could cause take of the scrub-jays, as defined in the ESA. What is Take? Take is defined under section 9 of the ESA as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species. Harm is defined as significant habitat modification where it kills or injures a listed species through impairment of essential behavior (e.g., nesting, breeding, or sheltering). Harassment is an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include breeding, feeding, or sheltering. ~~ ~ (~ 5 ~~~ Understandably, the Council may not be familiar ESA and their commitments pertaining to the HCP complex. I would be happy to help clarify any may be helpful. Thank you, Trish Trish Adams Fish and Wildlife Biologist Habitat Conservation Planning Coordinator U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 Phone: (772) 562-3909, extension 232 Fax: (772) 562-4288 Email: Trish Adams@fws.gov ~~ l with the specifics of the and ITP since it is rather confusion- a presentation 15 ORDINANCE NO.O-06- d'7 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, as more platted lots in Sebastian have been improved, the effects of vegetative overgrowth on vacant lots have become an increased nuisance to the residents of the City from the standpoint of both fire safety and maintenance along boundaries; and WHEREAS, it is in the public interest to utilize the nuisance abatement provisions of the Code to address this problem; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That section 66-3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to add a subsection (13) to read as follows: Sec. 66-3. Illustrative enumeration. (13) Non-native trees, as well as an overgrowth of vegetation such as brush, vines or weeds, within twenty feet of the lot line of an unimproved property where said lot line abuts a parcel improved with a residential structure. Section 2. CONFLICT. All code provisions in conflict herewith are repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: C % ~> Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this 2006. ATTEST: Sally A. Maio, MMC City Clerk C~~%' CITY OF SEBASTIAN, FLORIDA By: Mayor day of Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney r anoF SEe~~~N __ HOME OF PELICAN ISLAND MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 23, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Burkeen called the regular meeting to order at 7:00 p.m. 2. Council Member McCollum led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum 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 Finance Director, Shai Francis Human Resources Director, Debra Krueger MIS Systems Analyst, Barbara Brooke Police Lieutenant, Michelle Morris ~~ ~~ Regular City Council Meeting August 23, 2006 Page Seven Ms. Coy also noted that Barber will be widened and this will disrupt activity in that area, and that this would not be the best use of the triangle. She said KIRB has a lease in an existing City Hall building and the conditions of the lease are month to month and 90 days notice and further said she likes the City Hall location. Mr. Paternoster agreed we are only looking at site location, and noted that DST while it can't pay for police personnel, it is used to equip them and approved of the City Hall location. Brad White said this downtown Main Street corridor is important to the City for future development. 06.114 C. Update on Ordinance No. 0-06-07 Overgrown Lots -Fish and Wildlife Consistency s3-sa Determination (CA Transmittal, 0-06-07, F & W E-Mail) The City Attorney advised that after reviewing concerns from Fish and Wildlife he thinks we can draft an ordinance, which will meet the concerns of Fish and Wildlife and the City. He said he could modify the ordinance, bring it back to Council, and send it to Fish and Wildlife for their determination. Ms. Coy suggested it be brought to Fish and Wildlife for a preliminary review and then bring it to Council. Council concurred. 12. NEW BUSINESS 06.135 A. Resolution No. R-06-18 - Airport/FPL Lease Agreement (Airport Transmittal, 69-73 Agreement) The City Attorney said this agreement does not require a resolution. The City Manager assured Council that FPL will be the sole responsible for its own security. On MOTION by Mr. Neglia and SECOND by Mr. McCollum the FPL lease agreement was approved on a voice vote of 5-0. 06.136 B. Resolution No. R-06-16 - Establishing a Retirement Health Savings Plan with ICMA 75-96 Retirement Corporation LCity Manager Transmittal, R-06-16, Agreement, Data Form, Administrative Services Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ESTABLISHING A RETIREE HEALTH SAVINGS PLAN FOR CITY EMPLOYEES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Mr. McCollum and SECOND by Mr. Neglia Resolution No. R-06-16 was approved on a roll call vote of 5-0. ~~ .~ ~~,~ ,~w.,..W 2/21/07 E-Mail Stringer to Adams 1 page .~~.. ~. ~ ~~. Rich Stringer From: Rich Stringer Sent: Wednesday, February 21, 2007 3:44 PM To: 'Trish Adams@fws.gov' Cc: Alfred Minner; Rebecca Grohall Subject: lot clearing My plan of action is to ask you guys to review it for consistency, hopefully resulting in a set of guidelines we can utilize in reviewing the clearing. 007-06 lot clearing.doc Tracking: Recipient 'Trish_Adams~fws.gov' Alfred Minner Rebecca Grohall Sally Maio Susan Lorusso Read Read: 2/21 /2007 3:47 PM Read: 2/21 /2007 3:56 PM Read: 2/21 /2007 4:33 PM Read: 2/21!2007 3:47 PM ..~,~ ,~ 4.... Z~ Materials from 2/28/07 & 3/14/07 Council Meetings: > AGENDA T~RANSIVIITTAL > DRAFT ORDINANCE 0~0~7~06 > MINUTES OF' 2128107 1VIEETING > MINUTES OF' 81 ~ ~.IO`7 MEETING 10 pages f z~ City of Sebastian, Florida O~IC£ OF T~1~ CITY ~TTOg1V~Y AGENDA TRANSMITTAL Agenda No. ~ . Subject: Lot clearing; 0-07-06 Date Submitted: 2/22/07 For Agenda of 2/28/07 SUMMARY: Per direction of, and prior discussion with, Council, an ordinance addressing the concerns of vacant lots encroaching on adjoining residences has been drafted. 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 Plana Before requesting formal review by a federal agency, however, I wanted to get Council input on the draft. Basically, we are processing this as a nuisance, which will allow immediate corrective action rather than the indirect method provided by code enforcement procedures. RECOMMENDED ACTION: Discuss draft Ordinance 0-07-06 and provide direction. REVIEWED BY CITY CLERK: _G~~~~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ,~ -- ORDINANCE NO.O-07-06 AN ORDINANCE OF TAE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3, ILLUSTRATIVE EIVUMERATIDN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the extensive residential constntction 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, INDIAN RIVER COUNTY, FLORIDA, 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) -upon improved real property, to-when above a height of ten inches-e~-mere: , or b) upon unimproved real property when such growth encroaches upon adjoining improved real 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 required by guidelines for protection of endangered plant or animal species. Nothing herein shall relieve the landowner of any requirement to obtain appropriate permits such as those for tree removal or clearing/grubbing. Cj"~ 2a J Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City 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 4. EFFECTIVE DATE. This Ordinance shall take effect thirty days following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councihnember . The motion was seconded by Councihnember mod, upon being put to a vote, the vote was as follows: Mayor Councilmember Councihnember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this 2007_ CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Mayor day of Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 58 ~~ ana ~~~T HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Burkeen called the Regular Meeting to order at 7:51 p.m. 2. The Pledge of Allegiance was led by Council Member Andrea Coy. 3. There was a moment of silence. 4. READING OF CIVILITY PLEDGE City Council members read the pledge 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 atfacks. 5. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joe Griffin Building Director, Wayne Eseltine Finance Director, Shai Francis Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger MIS Director, Frank Losardo Police Chief, Jim Davis Interim Public Works Director, Jerry Converse MIS Systems Analyst, Barry Siepmann .. 'a .~ + Regular City Counci! Meeting February 28, 2007 Page Eleven The City Manager said if he was guilty of anything it is being over helpful, and in his recollection his comments were made due to his impression that her issue was based on something the City had done wrong. He further said the City did not create this problem and he will not 1•ix Ms. Bostinto's yard because it will set a precedent, unless he is directed by a vote of Council. At 10:30 pm motions were made: MOTION by Mr. Neglia, and SECOND by Mayor Burkeen, to extend the meeting to 11 pm failed (actually carried*) on a vote of 3-1 (Paternoster -nay) MOTION by Mr. Paternoster, and SECOND by Mayor Burkeen, to extend the meeting to finish this item failed (actually carried'") on a vote of 3-1 (Neglia -nay) Mayor Burkeen adjourned the regular meeting. '`The acfion taken was incorrect because our procedures resolution R-05-26 requires unanimous vote to add items to the agenda but a majority vote to extend the meeting up to one half hour -both instructions are clearly stated on the agenda. The following items including the conclusion of the Bostinto drainage matter will be carried forward to the beginning of fhe March 14, 2007 agenda. 06.114 C. Discussion of Draft Ordinance No. 0-07-06 -Overgrown Lots (City Attorney 55-59 Transmittal, 0-07-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. 07.029 D. Approve CDM Collier Canal Seawall Assessment and Design Project Contract 61-71 (City Engineer Memo, 1/24/07 City Engineer Transmittal and Previous Backup - CDM Letter, Proposed Agreement) E. Discussion of City Hall Complex as Public Forum (Added by City Attomey) 12. NEW BUSINESS 07.059 A. Alternate Representative Proposal by Treasure Coast Regional Planning Council 73-81 (Minutes, Code, Revenue Report, Info) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Neglia B. Mayor Burkeen C. Ms. Coy D. Mr. Paternoster Approved at the March 14th Regular City Council Meeting. ATTEST: ~ -~- ` ` 11 rian S. Burke , Mayor Sally A. aio, MMC - City Clerk 3 ~. ~~~ _ ~,~ ~ 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 The Mayor called the meeting to order at 7:00 p.m. 2. Council Member Neglia led the Pledge of Allegiance. 3. There was a moment of silence. 4. The Civility Pledge was read. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams 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 33~) 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 done. 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. 4 34 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. 5 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. C, s E-Mails 2/27/07 STRINGER TO ADAMS 2/28107 MINNER TO ADAMS 2/28107 ADAMS TO MINNER 3 pages ~.~~ ~~h M,d„9 ~ . ~~ Rebecca Grohall From: Trish Adams@fws.gov Sent: Wednesday, February 28, 2007 11:13 AM To: Alfred Minner Cc: Rebecca Grohall; Rich Stringer Subject: RE: lot clearing Al: That's correct and we need all four questions addressed in the letter, if you would like a formal consistency determination from the Service. Most important is the inclusion of an explanation as to how the City plans to avoid and minimize impacts to scrub-jays (e.g., avoid clearing in the nesting season, restrict the removal of scrub oaks, etc.). I would like to clarify that though I believe you are not strictly bound by the HCP or ITP to get a formal consistency determination by the Service before you accept the new ordinance, I strongly recommend it. Coordination with our office will help to avoid potential problems in .the future and ensure that the new ordinance is consistent with the HCP and ITP. As I stated in my previous email, we believe that the ordinance as written would likely result in an increase risk of death or injury to scrub-jays. This type of take is not covered in the ITP. For this reason, I recommend that the City formally coordinate with our office. If you would like to discuss this further, feel free to give me a call. Trish Trish Adams Fish and Wildlife Biologist Habitat Conservation Planning Coordinator U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 Phone: (772) 562-3909, extension 232 Fax: (772) 562-4288 Email: Trish Adams@fws.gov "Alfred Minner" <aminner@CityOfSe bastian.org> <Trish Adams@fws.gov>, "Rich Stringer" <rstringer@cityofsebastian.org> To 02/28/2007 10:10 AM Trish: cc "Rebecca Grohall" <RGrohall@CityOfSebastian.org> Subject RE: lot clearing I assume for the-City to move forward with this proposal we will need a "formal" approval ~~~ 1 ~ '"°^. „' f1 ~~,! from Fish and Wildlife. This would mean that in addition to the language you have reviewed we need it to have the limited times (March - June) and a proposal that addressed your three questions. Al Minner City Manager City of Sebastian -----Original Message----- From: Trish_Adams@fws.gov [mailto:Trish Adams@fws.govl Sent: Tuesday, February 27, 2007 5:18 PM To: Rich Stringer Cc: P.lfred Minner; Rebecca Grohall Subject: Re: lot clearing Rich: Thank you for your February 21, 2007, email message and copy of the proposed ordinance. In your email you requested that the Service provide a consistency determination regarding the City of Sebastian and Indian River County Area- Wide Florida Scrub-jay Habitat Conservation Plan and Incidental Take Permit with the proposed residential lot vegetative trimming ordinance. In addition, you requested guidance to avoid and minimize potential impacts to federally listed species related to the proposed ordinance. During conversations with you and Mr. Minner, I expressed my concern that nesting scrub- jays and their foraging habitat could be adversely affected by the proposed ordinance. Scrub-jays in the urban environment have been documented to use native nuisance vegetation (e.g., grapevine) and invasive exotic vegetation (e.g., Brazilian pepper) as surrogate nesting habitat when native vegetation is unavailable or unsuitable. To avoid potential take of scrub-jays and their nests, it was recommended that all trimming and vegetation removal activities occur outside of the nesting season (March 1 through June 30). It does not appear that this avoidance measure was included in the proposed ordinance. As a result, the ordinance as proposed could result in an increase risk of death or injury to scrub-jays. Since scrub-jays rely on native scrub oak species as forage, particularly in the fall and winter, it was recommended that impacts to these species should be avoided. In the proposed ordinance, there was a reference in Section 1 (11) that appears to exclude protected plant species from the type of vegetation permitted to be cleared, but it does not identify which species are considered protected. If the intention was to avoid and minimize impacts to scrub vegetation, you may want to consider specifying which particular scrub species are considered protected. I offer this preliminary review as technical assistance. If you would like a formal consistency determination from our office concerning the proposed ordinance, please provide a written request and explain the following: (1) the purpose and need; (2) what type of equipment (e.g., hand clearing, tractor and bushhog, etc.) will be used for vegetation trimming and removal; (3) how the five foot clearing width will be measured (e.g., from the lot line, Swale easement line, middle of Swale, etc.); and (4) what measures will be implemented to avoid and minimize potential impacts to scrub-jays. Please send the letter to my attention at the address below. I appreciate your effort to balance the needs of both listed species and citizens. If you have any questions, please feel free to contact me. Thanks again, Trish Trish Adams Fish and Wildlife Biologist Habitat Conservation Planning Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 4 0 Coordinator U.S. Fish and Wildlife Service South Florida 2 Phone: (772) 562-3909, extension 232 Fax: (772) 562-4288 Email: Trish Adams@fws.gov 3 4( C4,.J E-Mails 3I7I07 STRINGER TO ADAMS (WITH ATTACHMENT) 3I7/O7 ADAMS TO STRINGER 5 pages ~_~ ~~ Rebecca Grohall From: Trish_Adams@fws.gov Sent: Wednesday, March 07, 2007 1:23 PM To: Rich Stringer Cc: Alfred Minner; Rebecca Grohall Subject: RE: Lot clearing Attachments: 007-06 lot clearing.doc y~ 007-06 lot learing.doc (28 KB.. Hi Rich, I think the language you included in section 2 is a good start to ensure the new ordinance will be compliant with the ITP. Thanks for adding it. I look forward to receiving Rebecca's letter. If ,you need anything else, let me know. Trish Trish Adams Fish and Wildlife Biologist U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 Phone: (772)''562-3909, extension 232 Fax: (772) 562-4288 Email: Trish Adams@fws.gov "Rich Stringer" <rstringer@cityof sebastian.org> To <Trish Adams@fws.gov> 03/07/2007 11:45- cc AM "Alfred Minner" <aminner@cityofsebastian.org>, "Rebecca Grohall" <RGrohall@CityOfSebastian.org> Subject RE: Lot clearing I think you should like the new Section 2 ..... ok? Please give it some quick feed back, if you can. Once Council gives me the green light (hopefully next Wednesday, but you never know, right?), we will submit for a formal consistency dtermination. i (See attached file: 007-06 lot clearing.doc) ORDINANCE NO. 0-07-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING. CODE OF ORDINANCES SECTION 66-3, ILLUSTRATIVE ENUIvIERATION; 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 Wr'IEREAS, undeveloped lots left in (heir 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, INDIAN RIVER COUNTY, FLORIDA, 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 upon improved real property, when above a height of ten inches, or -- Deleted: j b) upon unimproved real property when such growth encroaches upon ~ Formatted: Bullets and Numbering adjoining improved real property. In remedying such a nuisance, the Deleted: co growth shall be cut back a distance of five feet from the property line Deleted: o~ more. unless the Growth Management Department determines that a lesser ~~~ amount is required by guidelines to safeguard rotected lant and animal species. Nothing herein shall relieve the landowner of any requirement to obtain appropriate permits such as those for tree removal or clearin / rubbin . Section 2. GUIDELINES. The City shai_l, in consultation with federal and state regulatory agencies, develop guidelines to safeguard ,rX otected~t and animal s e~cies 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. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City 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 Councihnember . The motion was seconded by Councihnember and, upon being put to a vote, the vote was as follows: Mayor Councihnember Councilmember Councihnember Councihnember The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Sally A. Maio, MMC Approved as to form and legality for City Clerk reliance by the City of Sebastian only: Rich Stringer, City Attorney ,~~., 50 Materials from 3/28/07 Council Meeting: > AC 1~ I`I DA ~TRAI~I S IVI ITTAL > DRAFT ORDII~IAI~iG1~ 0~07~06 > 1VI I Iii UTl~S O F 312 8107 1VI E ETI 1`I C 8 pages Si. City of Sebastian, Florida a~c~ o~ ~~ ctrY ~°°r°ro~v~Y AGENDA TRANSMITTAL Agenda No. Q`~~ . (~ Subject: Lot clearing; 0-07-06 Date Submitted: 3/21/07 For Agenda of: 3/28/07 SUMf1VIARY: 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. RECOMMENDED ACTION: Discuss second draft of Ordinance 0-07-06 and provide direction. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ~5 '~; J ``~ ~~ l F,,.k ~.f'~! 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, INDIAN RIVER COUNTY, FLORIDA, 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 inche 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 1~~lanagement Department determines that a lesser amount is Deleted: Formatted: Bullets and Numbering Deleted: to Deleted: or more. ~` ~'~~~"" '~ required by guidelines to safeguard protected Ip ant and animal species. Nothing herein shall relieve the landowner of any 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 1~ ant and animal species 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. SEVER.ABILITY. 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 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 AI Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. ~~ i ~~. crrvuF ~~~_ II HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Coy called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Father Morrissey gave the invocation. 4. The Civility Pledge was recited. 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 City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Airport Director, Joe Griffin Building Director, Wayne Eseltine City Engineer, David Fisher Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King MIS Director, Frank Losardo Police Chief, Jim Davis Police Lieutenant, Michelle Morris Public Works Administrative Supervisor, Linda Kinchen Stormwater Superintendent, Tim Walker Parks Supervisor, Chris McCarthy ~ ~~" `~, `` Regular City Council Meeting March 28, 2007 Page Seven No one from the public requested to be heard in favor or opposition. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Ordinance No. 0-07-03 was adopted on a roll call vote of 5-0. 11. UNFINISHED BUSINESS 06.114 A. Discuss 2"~ Draft Ordinance No. 0-07-06 -Overgrown Lots (City Attorney s5-ss Transmittal. 0-07-06) The City Attorney explained the second draft revisions. In response to Mr. Patemoster, the City Attorney said in nuisance law there have to be judgment calls; and the determination would be made by Code Enforcement personnel. Mr. Paternoster reported that atwenty-foot wide by ninety-foot long path was cleared at the Shakespeare Street site which was a recent subject of discussion and asked if a permit was required. Mayor Coy asked the City Manager to look into it and City Council concurred. The City Attorney advised that this was not a first reading, but if Council concurred with this language he would send it to Fish and Wildlife for their input. Ms. Simchick gave an example of three vacant lots with the middle being manicured. She asked how the middle lot could be held to the same standard. The City Attorney said this ordinance addresses impacts to the adjoining property and a sodded, improved lot would fall under the grass mowing ordinance. Mr. Wolff said this ordinance does not offer much protection to vacant lot owners and gives carte blanche to the owner of improved properties; and it is unfortunate the City could not have found another way to resolve the issue. Mayor Coy said what is being proposed is to let Code Enforcement give an individual the opportunity to fix the problem; and cited a situation in which damage was done to an improved lot and the adjacent vacant lot owner decided to do nothing. Louise Kautenberg, Sebastian, asked if this situation wasn't already covered under the nuisance law, and if so, why pass a law that opens a door that doesn't need to be opened. The City Attorney said if there is obvious damage being done, there is probably something that could be done under current conditions, though it would be a short term fix, but there is no language as to how it would be handled. Nancy Paternoster said it is disheartening to see these lots being used for trash. 7 5s Regular City Council Meeting March 28, 2007 Page Eight Joe Scozzari approached the podium and Mayor Coy cautioned Mr. Scozzari that since she is on notice of a lawsuit by him and his wife-she interjected that he can look disgusted all he wanted to which he replied that she disgusted him. At that point she asked him to sit down. Mr. Scozzari stated he observed the Mayor had a problem with people who want to speak but not say good things. She gave him his first warning and asked him to sit down. He asked why he had to sit and stated he would be looking for her recall. Mayor Coy said until the Scozzaris provide the subject of the lawsuit, she would not recognize them. Mayor Coy added if the lawsuit is withdrawn, it should be done in writing. He did not sit down and the Mayor asked the Police Chief to escort Mr. Scozzari out. Brad White, Easy Street asked if the ordinance is voluntary because there is a beautiful tree on the vacant lot next to him that he enjoys. The City Attorney said it would not apply to specimen trees. The City Manager added part of the delineation is public safety. The City Manager said if this language is approved he would implement it as a reactive response to complaints and if it is determined that vegetation poses a danger it will be addressed. Mr. White asked if the next property owner could cut the tree and the City Attorney said his property extends to the heaven and the owner could cut the tree. Mr. Neglia added that if power lines were involved, the owner would probably be asked to trim the tree. Julie Scozzari approached the podium. Mayor Coy reminded Mrs. Scozzari that she is under threat of a lawsuit by her and would not recognize her until she is notified of the lawsuit intent or withdrawal. Mrs. Scozzari said she is here to speak to Council, not her. Ms. Simchick called for a point of order and asked the City Attorney if the Mayor could relinquish chairmanship so all citizens, including those with a lawsuit, can speak. The City Attorney explained that when someone addresses public business they are addressing the Chair as in all of them and said the Mayor was probably trying to point out that the issue is not identified in the lawsuit and he could advise to let the other side speak, not have Council speak back; but the main issue is that in the past things have been said that were considered libelous and Council could not speak back. Ms. Simchick pointed out that John Van Antwerp spoke at the previous meeting and he is suing the City to which the City Attorney pointed out that the issues are identified in that lawsuit. He further stated it was probably safe to assume the Scozzaris wanted to talk about overgrown bush. Ms. Simchick offered that the Chair could advise the citizen to stay on the subject and the City Attorney agreed saying the Mayor could stay with her decision and it could be a general guideline or could be overruled by a majority vote. 8 ~ ~~~. ~ ~-..~ ~.~. , Regular City Council Meeting March 28, 2007 Page Nine Ms. Coy said the lawsuit threat has been made and involves her, Mr. Neglia, the City Manager, City Attorney and many members of staff. Ms. Coy asked what is difficult about putting a lawsuit's intent in writing and said she is uncomfortable speaking with anyone who is suing the City with no specifications. She asked Council if they would like to overturn her but no one responded. Mrs. Scozzari asked if Mayor Coy was refusing to hear her input. The Mayor said she just explained her reasons. Damien Gilliams, 1623 US 1, Sebastian, said he was disturbed with what is going on with not listening to people. He asked why put more lot clearing rules on the books if the City can't enforce them, noting there are rules that can't be enforced now. He said there are more important issues to deal with. Mr. Neglia noted this has been going on for a long time, and maybe the ordinance can be tweaked a little more. Mr. Paternoster said this is basically for people who can't do it themselves and the City does need something in place to help those people and this is the only alternative the City has at this time and he would be in support of it. Mr. Wolff said the lots were here when he moved here and what you see is what you get, and though he sympathizes with the older people who want to maintain their lots, there are pathways to resolve this in civil court. Ms. Simchick said we are going to inherit problems and bills, and there are costs in maintaining homes, and she would not be for this ordinance. Mayor Coy said she was leaning on the side of people who need our assistance. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, Council approved sending the draft to Fish and Wildlife Service on a roll call vote of 3-2 (Simchick, Wolff -nay). 07.015 B. Resolution No. R-07-13 -Designating Barber Street Sports Complex Field as ss-~o2 "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. The City Attorney read Resolution No. R-07-13 by title. The City Manager said if Council approved this he would pursue installation of a marker and plaque. Mr. Wolff suggested the installation of the marker in August when football season starts. Regular City Council Meeting ,..~ 9 (.~ Submittal for FWLS Determination 91 ~ Ol0'7 C~ROHALL TO ADAMS ~~1VIAIL 91 ~ Of 07 CROHALL Ll~TTER TO ADAMS DRAI~'T ORDII~iAI`ICI~ 0~0~7~06 DRAI~T RI~SOLUTIOI`I 8 pages ~~ From: Rebecca Grohall Sent: Monday, September 10, 2007 10:07 AM To: Trish Adams (Trish Adams@fws.gov) Subject: Formal Consistency Determination Hi Trish - Here is the letter we have discussed requesting a consistency determination for a proposed ordinance. The letter answers the four questions you asked the City to address. Please review and respond with your comments ASAP. Thank you! «007-06 lot clearing RGrevisions.doc» «consistencydeterminationUSFWS 080607.doc» Rebecca Grohall, AICP Growth Management Director City of Sebastian rgrohall@cityofsebastian.org (772) 388-8228 [attachment "007-06 lot clearing_RGrevisions.doc" deleted by Trish Adams/R4/FWS/DOI] [attachment "consistencydeterminationUSFWS 080607.doc" deleted by Trish Adams/R4/FWS/DOI] <,t Z ~? CITY t~f ~~~~~~~~ .:. -yam, ',r ~~ ~-_ ~~~~ ~-- ~ ~r~ HOME OF PELICAN ISLAND 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPiiONE (772) 589-5518 ^ FAX (772) 388-8248 Trish Adams Fish and Wildlife Biologist Habitat Conservation Planning Coordinator U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, FL 32960 September 10, 2007 Dear Trish, The City of Sebastian is seeking a formal consistency determination for the attached proposed ordinance No. 0-07-06. The draft attached is for review and Staff will'not forward it to City Council until we have your comments. 1) The City is proposing this ordinance is a counter mechanism against overgrown vacant lots. One of the biggest complaints throughout the City is from homeowners living next to vacant overgrown lots. Most of the lots are owned by people that are not in the immediate area. And as such, their lots over time have become extremely overgrown. In an effort to balance the needs of the community, with the needs of protected species, this ordinance focuses on situations where the overgrowth is damaging. neighboring property and those situations where the height of the overgrowth makes maintenance of the lot line unreasonably difficult. In the draft ordinance, the City is proposing that only 5 feet be cleared away from the property line. If a lesser amount can achieve the same purpose, a lesser amount will be used. This ordinance is an alternative to proposing that all vacant just be cleared in their entirety. It has been my experience that the overgrowth is occurring from nuisance species plants -mainly Brazilian pepper. 2) The City will ultimately leave the decision to hand clear or use machinery, to the homeowner. If using machinery, a bobcat with a Seppi head is most likely to be utilized. 3) The width will be measured from the property line, inward 5 feet, although Staff has the discretion to allow a lesser amount. ~y cRV ~ ~''~~= __ ~. - ~~ HOME OF PELICAN ISLAND 1225 MAIN STREET ^ SEBASTIAN, FlORtDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 4) To minimize potential impacts to scrub jays, the following steps are included • Clearing will not occur during Scrub Jay nesting season, typically March 1St through June 30th for lots that are within the HCP. • Restrict the removal of any scrub oaks or other beneficial scrub vegetation found within the 5 foot. To better manage the process, the building department will develop a new permit that the homeowner must apply to receive. This permit process will ensure the land is inspected PRIOR to clearing for protected species (be it plant or animal} and inspected FOLLOWING the clearing to ensure that guidelines were adhered to. if a homeowner clears more than 5 feet, then the Code Enforcement process will be triggered. The City looks forward to your response. Sincerely, Rebecca Grohall, AICP Director c: AI Minner, City Manager Rich Stringer, City Attorney ~µ ~`~~~ ., ;, ~: ORDINANCE NO. 0-07-06 AN ORDINANCE OF THE CITY OF SEBASTLAIV, 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;, anal ~'~`!.. WHEREAS, overgrown lots present a fire hazard to adjoining homes during droughts; and WHEREAS, undeveloped lots left in their natural state providz environmental benefits such as habitat for threatened and endangered animal species in the City; and WHEREAS, the Ciry 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, INDIAN RIVER COUNTY, FLORIDA, 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 thejfollowing items, conditions or actions is ~jiA hereby declared to ~ be ,a'rid'. constitute ~-~ nuisance; provided, however, this enur~e~ation ;shall not ~ bey deemed ~ `or' construed to be conclusive, limiting or =r~e~strictive: ~ , ,. (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species};' a upon improved real property, whe~ove a height.of ten inchesror ~ : ;;-~' Deleted: b) upon unimproved real property when such growth encroaches upon ~ ~ Formatted: Beue~ and Numbering adjoining improved real property such that it: ~ Deleted= c° i) causes, or is in imminent danger of causing, damage to the Deleted: o~ more. adjoining property, or C~~ ii) creates ar. unreasonable maintenance burden upon said adjoining property. _ Nothing herein shall relieve the landowner of any requirement to obtain appropriate permits for removal of such vegetation. Section 2. GUIDELINES. The City shall, in consultation with federal and state regulatory agencies, develop guidelines to safeguard ,rt otected_pta~,r_a~~d_anma? s ep cies 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. SEVERABILITY. In the-event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to ~.~ enact such invalid provision. rt shall, further be assumed that the City Council would have 1 ~~~~ ~~ enacted ~~jlemauidei of this' Ordinance without said invalid provision, thereby causing said rem~ii,~` o remain in full force and.`effect. See 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 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 Councihnember AI Paternoster Councilmember Dale Simchick Councihnember Eugene Wolff u..---"` f ,,~ The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Sally A. Maio, MMC Approved as to form and legality for City Clerk reliance by-the City of Sebastian only: Rich Stringer, City Attorney. }(/t/~~F f~ i , 1 ~l t€r~ ',r~~~t, ?'ca .f a.' ~_, is ~,~. 3=,~ ~~ ;,~, ~~,l~,t i j !9¢ fit ~~ RESOLUTION NO. R-07-** A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING GUIDELINES FOR PROTECTION OF PROTECTED ANIMAL AND PLANT SPECIES IN REVIEW OF LAND CLEARING ACTIVITIES; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is home to a number of protected animal at?d plant species; and WHEREAS, it is the intent of the City to provide good'stewardship of the habitat for these species within the framework of an urban environment; ; NOW THEREFORE, BE IT RESOLVED BY-THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. GUIDELINES ADOPTED. Tle; 'City Council hereby adopts the following guidelines for review of land clearing activities withiri'the City of Sebastian: I. Before any clearing may begin;,,the property owner must apply to the City fora "Nuisance Abatement"'permit and inspection by the City's Growth Management Department. ,;'' II. Cleating on the parcels coffered in the City of Sebastian Habitat Conservation Plan ,(HCP) gen~r'ally may not occur during tt-,e nesting season. Typically nes~liil,~ason is March 1St to June 30th but may vary slightly, from year;to year. ~;``' `# III. If the lot~,is inhabifed by Gopher Tortoise (gopherus polyphemus) or r' other listed threatened and endangered species, a permit from Florida Fish and Wildlife Conservation Commission (FFWLC) or United States Fish and Wildlife Service (USFWS) may be required. IV. In remedying a nuisance, overgrowth shall be cut back a distance of five feet from the ~ppe line unle.5s the Growth Management Deparnnent determines that a lesser amount is required to safeguard rn otected plant and animal species. The Growth Management Departrnent may also require that the homeowner protect plant species like sand oak or scrub oak for the benefit of wildlife. V. The penalty is $250 for each violation of this section. ~~ o~ ~ a.µ~~ Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTI'JE DATE. This resolution shall become effective upon adoption. The foregoing resolution was moved for adoption by Councihnember .The motion was seconded by Councihnember and; upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councihnember Al Paternoster Councihnember Dale Simchick Councilmember Eugene Wolff '' The Mayor thereupon declared this resolution duly passed and adopted this 2007. k ` :CITY OF SEBASTIAN, FLORIDA { ,r? ~~~, :~~, ,',. By: ` Mayor Andrea Coy ATTEST Approved as to form and legality for reliance by the City of Sebastian: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney day of 70 E-Mails ~ 21 ~ Of O'7 C~ROHALL TO ADAMS ~ ~1 ~ ~ f O7' ADAMS TO C~ROHAL,L 1 page ~~ ~ I ~i -`7~..~ (~ .~,,, Rebecca Grohall From: Trish_Adams@fws.gov Sent: Tuesday, December 11, 2007 12:08 PM To: Rebecca Grohall Subject: Re: Formal Consistency Determination Rebecca, As I mentioned when the request was submitted, we review the projects in the order trey are received. As I have a heavy workload, your request made it to the top of the queue last week. I expect to get our response letter to my supervisor for review by the end of this week. I will keep you posted on the progress. I'm fine, but things here are busy... as usual. Hope all is well with you. Happy Holidays, Trish Trish Adams Fish and Wildlife Biologist U.S. Fish and Wildlife Service South Florida Ecological Services Gffice 1339 20th Street Vero Beach, Florida 32960 Phone: (772) 562-3909, extension 232 Fax: (772) 562-4288 Email: Trish Adams@fws.gov "Rebecca Grohall" <RGrohall@CityOfS ebastian.org> <Trish Adams@fws.gov> 12/10/2007 03:48 PM FW: Formal Consistency Determination I-Ii Trish - Hope all is well for you. To cc Subject I sent this back in September and I haven't heard back from you requesting a consistency determination. I'd like to get this wrapped up. Thanks ! Rebecca 1 ~._~,,. ~~ 7y~ ` FWLS Letter ~ 2120107 SOUZA To CROHALL 3 pages ~kt ~~~+J F.~y w':6 ~~,~~ ...7 / {~ F' United states Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 20`h Street Vero Beach, Florida 32960 December 20, 2007 Rebecca Grohall Growth Management Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Service Federal Activity Code: 4.1420-2007-FA-1375 Date Received September 10, 2007 as o. ~~"`Ad Project: Nuisance Vegetation Abatement Ordinance 0-07-06 and associated Resolution. County: Indian River Dear Ms. Grohall: Thank you for our letter dated September 10, 2007, in which you requested a consistency determination from the Fish and Wildlife Service (Service) in reference to the Sebastian Area- wide Habitat Conservation Plan (HCP) and Incidental take Permit (ITP) regarding the proposed nuisance vegetation abatement ordinance number 0-07-06 and associated resolution. The purpose of the ordinance is to address complaints by citizens that vegetation, primarily invasive exotics, on vacant parcels has encroached onto their developed property, caused damage, or has resulted in difficulty with maintenance of the lot line. The ordinance would apply to all vacant lots within the City of Sebastian, Indian River County, Florida. On August 31, 2000, the Service issued a Federal ITP to Indian River County and the. City of Sebastian (City) that authorized the take of 171.4 acres of habitat occupied by the federally threatened Florida scrub-jay (Aphelocoma coerulescens) (scrub jay). Specifically, the ITP auti.orizeci trite incidental ro single-family residential construction within the Sebastian Highlands Subdivision (79.3 acres), future commercial development at the Sebastian Municipal Airport (Airport) (88.1 acres), and future expansion of the Pelican Island Elementary School (4 acres). The issuance of the ITP concluded years of negotiations that resulted in conservation benefits for scrub jays while accommodating residential and commercial development. One such conservation benefit identified in the HCP was that vacant parcels were to remain in their natural state, which would permit interim use by scrub jays until development occurs. Your letter states the ordinance will apply only to vacant parcels where the vegetation overgrov~~th is determined by the City to be a nuisance. The ordinance is not a mandate that all vacant lots are to be cleared of vegetation. To avoid and minimize potential impacts to the scrub jay and native plant species, the City has proposed to: (1) impose a 5-foot or less clearing width limit as measured from the property line; (2) prohibit clearing activities during the scrub- jay nesting season (March 1 through June 30), and (3) restrict the removal of any scrub oak species or other beneficial scrub vegetation within the area to be cleared. In addition, City staff ~~~~~~~ j 7 ', Rebecca Grohall Page 2 will conduct pre- and post- site inspections to ensure compliance with the ordinance. The code enforcement process will be triggered for those projects found to be out of compliance. The Service has reviewed the proposed ordinance and the associated resolution. We offer the following recommendations: 1. The term "protected species" should be clearly defined in the ordinance. You may want to consider not only including State and federally protected plant and animal species in the definition, but also the habitat in which they depend. 2. Tc minimize accidental cTear~ng of; or impacts to, vegetatieh outside of the 5-foot clearing area, specify the acceptable types of removal equipment (e.g., a Bobcat or smaller equipment) .and encourage hand clearing when possible. 3. To improve effectiveness, stumps of removed invasive exotic vegetation should be treated with appropriate herbicides in a manner consistent with label instructions. 4. In Section 1. Guidelines Adopted, II of the resolution, it reads, "Clearing on the parcels covered ir~ the City of Sebastian HCP generally may not occur during the nesting season." We suggest the removal of the term "generally" from the statement. If the City deems it necessary to consider exceptions on a case-by-case basis, the lot owner should hire a qualified environmental consultant to conduct a scrub j ay nest survey of the parcel and submit the results to the City to assist with your evaluation. 5. In Section 1. Guidelines Adopted, III of the resolution, to provide clarification we suggest including "State and federally" to the statement where it describes listed threatened and endangered species. 6. In Section 1. Guidelines Adopted, N of the resolution it states, "The Growth Management Department may also require that the homeowners protect plant species like sand oak or scrub oak for the benefit of wildlife." This implies scrub oaks maybe removed, which is a contradiction to one of the minimization measures stated in your letter that restricts the removal of any scrub oak species or other beneficial scrub vegetation. We recommend revising the resolution to be consistent with this minimization measure. The ordinance and resolution maybe adequate to avoid and minimize impacts to scrub jays and native vegetation during clearing of lot sides. However, information was not provided which describes how homeowner complaints will be addressed where the overgrown vegetation is affecting neighbors at the rear of parcel. Please provide additional information to explain how access to the rear of the lot will be obtained, and what protection measures will be implemented to avoid and minimize impacts to scrub jays, scrub vegetation, and native vegetation. We appreciate the opportunity to review the proposed ordinance and resolution. However, at this time we do not have sufficient information to determine whether the proposed ordinance and resolution are consistent with the HCP. We have identified several points of concern that we ~~' ~~~ Rebecca Grohall Page 3 request you address. Once we have had an opportunity to review your response to our concerns, as well as, the revised ordinance and resolution, we will be happy to provide you with a consistency determination. Thank you for your cooperation in the effort to conserve fish and wildlife resources. If you have additional questions, please contact Trish Adams at 772-~62-3909, extension 232. sincerely yours, P u Souza ~" Fie d Supervisor South Florida Ecological Services Office cc: Service, Atlanta, Georgia (David Dell) City of Sebastian, Sebastian, Florida (A1_ Minner) Indian River County, Vero Beach, Florida (Bob Keating) e. ~~. ~~:.