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HomeMy WebLinkAbout08272008crrv ~~ __ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 27, 2008 - 6:30 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 1. 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 attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. ITEMS CARRIED FORWARD FROM THE AUGUST 13. 2008 AGENDA 08.014 A. Set New Bi-Annual Goals for Charter Officers As Required by Resolution R-07-31 1-~ (City Clerk Transmittal, R-07-31, January Goals) 08.098 B. City Attorney -Political Campaign Sign Consideration (No Backup) 8. 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. 08.099 A. Certificate of Appreciation to City of Sebastian Volunteers for Participation in 1St Annual Treasure Coast Waterway Cleanup on July 19, 2008 from Marine Industries Association of the Treasure Coast, Inc. 08.028 B. Presentation by Karen Deigl, Senior Resource Association C. Brief Announcements 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. s-18 A. Approval of Minutes - 8/13/08 Regular Meeting 10. COMMITTEE REPORTS Sz 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. 19-29 A. Fill Vacant Committee Positions (City Clerk Transmittal, Applications, Ad) 08.025 i. Natural Resources Board -Regular Member Position -Term to Expire 7/1 /2011 08.001 ii. Parks & Recreation Advisory Committee -Regular Member Position - Term to Expire 5/21/2011 08.047 iii. Planning & Zoning Commission -Alternate Member Position -Term to Expire 11/1/2010 11. PUBLIC HEARINGS Procedures for public hearings: (R-o8-O9) • 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 08.077 A. Second Reading and Public Hearing on Ordinance No. 0-08-08 -Overgrown 31-42 Lots (GMD Transmittal, E-Mail, Palm Bay Ordinance, 0-08-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3, NUISANCES: ILLUSTRATIVE ENUMERATION; PROVIDING FOR DEVELOPMENT OF GUIDELINES, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. (PJ 8/17/08) 12. UNFINISHED BUSINESS 08.077 A. Resolution No. R-08-14 -Guidelines for Protective Species (R-08-14) 43-44 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. 2 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. 14. NEW BUSINESS 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 08.100 A. Tropical Storm Fay -Summary Report (no backup) 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mr. Paternoster B. Ms. Simchick C. Mr. Wolff D. Mayor Coy E. Mr. Neglia 19. ADJOURN (All meetings shall adjourn at 10:00 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: September 8, 2008 - 6 pm -Special Council Meeting for Public Hearing on Budget September 10, 2008 - 6:30 pm -Regular City Council Meeting September 17, 2008 - 6 pm -Special Council Meeting for Final Public Hearing on Budget September 24, 2008 - 6:30 pm -Regular City Council Meeting 3 ~~ ~: ~. , ~` w HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: (~~, (~ (~ Bi-Annual Setting of Goals and f , Ob'ective for Charter Officers in ~, Ac ord ce with R-07-31 Department Origin: Cites "} City Attorney: a ager Date Submitted: 7/9/08 For Agenda of: Exhibits: R-07-31, January goals SUMMARY STATEMENT Resolution No. R-07-31 provides established procedures for Charter Officer evaluations and goal setting. Language in the resolution in part states as follows: "Section 1. CHARTER OFFICER GOAL SETTING. City Council shall bi-annually set and review goals and objectives for the City Manager, City Attorney and City Clerk at public City Council meetings in January and July." Resolution R-07-31 and the goals established in January are attached. RECOMMENDED ACTION Review and set goals for Charter officers. I ~~ RESOLUTION NO. R-07-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY. FLORIDA, PROVIDING FOR PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to set goals for its Charter officer and conducts its review in the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CHARTER OFFICER GOAL SETTING. City Council shall bi-annually set and review goals and objectives for the City Manager, City Attorney and City Clerk at public City Council meetings in January and in July. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shall receive evaluation forms for the City Manager, City Attomey and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 1~ of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attomey and City Clerk by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in public for a final evaluation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney and City Clerk. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member xe~iia was seconded by Council Member simchick ,and upon, being put to a vote, the vote was as follows: Mayor Andrea Coy aye Vice Mayor Sal Neglia aye Council Member AI Paternoster aye Council Member Dale Simchick aye Council Member Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of August 2007. __.,~ .~ ATTE ~': Sally A. Mai MMC City Clerk (SEAL) Approved as to Form and Content for Re ' by City of Sebastian Onty: Rich Stringer, i A orney CITY OF SEB TIAN, FL IDA BY~ Andrea Coy, Mayor ~.._ . 2 -~ ~, .,.,~' .~, City Manager 1 -Monitor, project and update the Council on property tax reform impact 2 -Update the Habitat Conservation Plan 3 -Streamline the process for business development/permits especially for the Riverfront 4 -Identify riverfront property City Attorney 1 -Continue working on Comprehensive Land Update Plan (CLUP) 2 -Update the Habitat Conservation Plan 3 -Streamline the business development process 4 -Improve communication with Council Ci Clerk Take more vacation c~, .-----~ ,~" cm' ~~ SE~L~V HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 13, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:30 p.m. 2. The Pledge of Allegiance was led by Vice Mayor Neglia. 3. There was a moment of silence. 4. Vice Mayor Neglia read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 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, Joe Griffin Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Human Resources Director, Debra Krueger Parks Supervisor, Chris McCarthy Police Chief, James Davis Police Lieutenant, Greg Witt ,, .~~~` Regular City Council Meeting August 13, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Wolff asked to add a presentation on a Sebastian River High School Performing Arts program as item 7E. Voice vote on the modification carried 5-0. 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. 08.016 A. Employee of the Second Quarter 2008 -Officer Bill Jursik Mayor Coy presented a plaque and bond to Officer Bill Jursik, Police School Resource Officer, and congratulated him for the very important work he does for the school children of Sebastian. Officer Jursik thanked Council for letting him be a part of the team and thanked Chief Davis, Lieutenant Witt and Human Resources Director Debra Krueger for the support they give him. 08.091 B. David Glassman -Eagle Scout Project Presentation 1-3 Davis Glassman, Life Scout, Troop 599, reported on a plan for his Eagle Scout project, to add a 9/11 memorial to the Veteran's Memorial in Riverview Park. The City Manager said he had acted as a member of the Eagle Scout selection committee, and that David approached him with his idea. He said it will fit in well to commemorate 9/11 victims. He said David will be conducting a fundraising drive once his idea is approved by his board. Mayor Coy said the VFW and American Legion are planning a commemoration of Patriot Day on September 11, 2008. Council thanked David for his idea and noted, for the benefit of the public that, once approved, David would need funding. 08.092 C. Municipal Lobbying Presentation -Garrett Pomichter of Eligere Strategies 5-11 (requested by Council Member Simchick) Garrett Pomichter, Eligere Strategies, introduced Legislative Affairs Director, Matt Dupree and provided materials on HB 949, which would have defunded ad valorem taxes, to demonstrate the importance of lobbying efforts. Mr. Dupree cited the lobbying approach of Eligere Strategies which represents and protects small communities and monitors action on unfunded State mandates. He said their fee for small cities is $15,000 plus pre-approved expenses and a shared fee for issues affecting multiple cities. Ms. Simchick asked the City Manager whether this would be administrative or legislative. The City Manager said this is something that should be brought up during the budget process next week. Ms. Simchick asked that the agency's fees be made available. .~;~ 2 Regular City Council Meeting August 13, 2008 Page Three Mr. Dupree responded to questions from Council relative to reduced costs when representing multiple agencies, its policy to notify the City on bills being considered which would affect the City, potential involvement in available strategic partnerships, and their policy of encouraging elected officials to participate during appropriate times in Tallahassee, with sufficient ammunition and supporting documents, and bringing other individuals who can participate in the process. In response to Mr. Paternoster, the City Manager said it would be appropriate to open up an RFP process if Council decides to go this way. 08.093 D. Economic Development Plan -Beth Mitchell, Executive Director, Sebastian 13-44 River Area Chamber of Commerce Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, gave a brief overview with a timeline of creation of the proposed Economic Development Plan, including the establishment of the Economic Development Task Force as endorsed by resolution of the City Council. She cited the work of the Task Force whose meetings were attended by the City Manager, Growth Management Director and Airport Director. She said the report in front of Council was the result of the work of the Task Force, noting the proposed plan is also available on the City's website and at the Chamber of Commerce. Ms. Mitchell introduced Task Force members Don Wright, Bill Bodon, Dan Richards, Walter Geiger, John Conway, Harry Marshall, and Joe Griffin, and listed their credentials which are also included in the agenda packet. Don Wright presented and reviewed the proposed Economic Development Plan (included as a permanent record in the August 13, 2008 agenda packet), and displayed certain provisions of the report on the overhead. Mr. Neglia noted Council had the plan in front of them and recommended a workshop. Mr. Wright said he would go through the points quickly for the benefit of the public. He introduced John Conway who discussed issues relating to available vacant commercial lands and a plan to ultimately build a database that a site selection company can utilize. He exhibited charts, which also appear on circle pages 32-34 of the packet, representing the number and percentage of vacant commercial parcels by size and by zone, and the number and percentage of vacant industrial parcels by size. He said the work on the ISBA should continue. Beth Mitchell concluded the presentation and said they were available for questions. Mayor Coy said since this was under Proclamations, Council cannot take action except to discuss how to move forward. ~'`t~ ~ y,...~.~,,.:- Regular City Council Meeting August 13, 2008 Page Four City Council members thanked the Task Force for their efforts and discussed certain provisions of the recommended plan. City Council directed the City Manager to schedule a workshop on the proposed Economic Development Plan as presented to give them an opportunity to discuss any changes they would like to see and to get a plan moving forward. E. Sebastian River High School Performing Arts -Damien Gilliams (added) Mr. Wolff asked Mr. Gilliams to come to the podium. Mr. Gilliams provided information regarding the planned Cambridge University Shakespeare Henry V performance at SRHS Performing Art Center on September 3, 2008, which will benefit the SRHS International Baccalaurete Program (see attached). He said tickets will be sold at local banks and asked for this to appear on Channel 25. Brief Announcements None. Mayor Coy called recess at 8:40 pm and reconvened the meeting at 8:49 p.m. All members were present. 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. 45-57 A. Approval of Minutes - 7/16/08 Special Meeting 59-68 B. Approval of Minutes - 7/23/08 Regular Meeting 08.082 C. Resolution No. R-08-10 -Final Plat for Rohm Commercial {Growth Management ss-so Transmittal, R-08-10, Plat Under Separate Cover, Clerk of Court Approval of Form of Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS ROHM COMMERCIAL; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 08.022 D. Resolution No. R-08-13 -Third Sesand Quarter Budget Amendment (Finance 81-112 Transmittal, R-08-13, Memo, Status Reports, Schedule, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 08.094 E. Site Selection for Pelican Fountain at Riverview Park (Parks Transmittal, Map) 113-115 08.095 F. General Fund Early Retirement Incentive Buy-Out Option (HR Transmittal) 117 Mr. Neglia removed item E for discussion. ~-~° 4 ~: Regular City Council Meeting August 13, 2008 Page Five MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve items A, B, C, D and F of the consent agenda. Result of the roll call was as follows: Ayes: All Nays: None 5-0 Item E -Fountain Site Selection Mr. Neglia said he had pulled the item to recommend site 3 or an alternate site near the clock due to his concern about using the concrete pad because of possible interference with other functions such as the Christmas tree, the Clambake festival, and the problem with falling leaves. The City Manager noted it was Parks and Recreation Committee recommendation for site 1, the concrete pad, and staff concurred but that he would leave it to the discretion of Council. Discussion took place on the pros and cons of each site, and maintenance that would be required for the fountain if it were located under trees. Cindy Falco, Parks and Recreation Committee, addressed the location, citing that lengthy research was done to come up with a focal point for the park where people could come and sit. Jim Sunnycalb, said the location was very important to create a focal point, suggested the area where you walk into the park, with a plaque in memory of Pete Harris, and not on the concrete pad where people dance during festivals. Further discussion took place on location, maintenance concerns with falling leaves and plumbing considerations. Damien Gilliams said site 2 is the best site to draw people to the area and site 1 will create a maintenance problem. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to take Parks and Recreation recommendation for site 1 passed on a voice vote of 3-2 (Coy, Neglia -nay) The City Manager agreed with placing a plaque on the fountain in honor of Pete Harris. There was no objection. 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. None. ~..,~ ~, 5 Regular City Council Meeting August 13, 2008 Page Six 10. PUBLIC HEARINGS 08.054 A. Second Reading and Public Hearing for Ordinance No 0-08-07 -Specified 119-123 Commercial Signage (Growth Management Transmittal 0-08-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING TEMPORARY RELIEF MEASURES FOR SPECIFIED COMMERCIAL SIGNAGE TO ADDRESS THE CURRENT ECONOMIC DOWNTURN; PROVIDING FOR SEVERABILITY, CONFLICTS, SUNSET AND EFFECTIVE DATE. (PJ ad 8/3/08) Mayor Coy opened the public hearing at 9:06 p.m. and the City Attorney read Ordinance No.0-08-07 by title, and the City Manager said this is the second reading for adoption. Cindy Falco, Louisiana Avenue, Sebastian, asked that the provisions be as simple as possible and in lay terms so that business owners can understand them and get the exposure they need, citing 512 businesses which are hidden. Mayor Coy closed the public hearing. Mr. Paternoster asked what the word "however" in paragraph 8 was intended for, and the City Attorney said it should be deleted. Discussion took place on liability issues with placement of signs in right-of-way and the City Attorney discussed liability issues and explained the City can permit signs in right-of-way but regulatory agencies for a particular road such as the County or State may not allow them. Mr. Paternoster requested a photograph be taken before signs are taken down by Code Enforcement, and that a narrative be written explaining the rule to people when they come in for permits. Mayor Coy said she had received complaints about signs on 512 for a business and asked if they were legal under the Code. The Growth Management Director responded and said if it is Council's direction staff will take care of it. Mr. Wolff suggested decals be issued to affix to signs to show they have been paid to assist Code Enforcement. The Growth Management Director responded that staff will use the same procedure as in place for other signs which seems to work. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to adopt Ordinance No. 0-08- 07 (the City Attorney will remove the word "however.). Result of the roll call was as follows: Ayes: All Nays: None Passed 5-0. _ 11. UNFINISHED BUSINESS -None i 6 Regular City Council Meeting August 13, 2008 Page Seven 12. PUBLIC INPUT Public Input for each individual is frve minutes, however, it can be extended or terminated by a majority vote of Council members present. Kenneth DeLow, expressed concern for new management of the Senior Center which seems to be discouraging people from coming, are cutting back on food and coffee, and taking away the band they have enjoyed listening to for a very long time He said the seniors need a place to go to occupy their minds. Mr. Wolff asked if there was a Christmas dinner this year and Mr. DeLow said there was not. Ann O'Brien, Sebastian, said she has been going to the senior center for four years, and now she is being told she can only go three days per week because buses are full when in fact the number of people is decreasing. She said the people at the center are very nasty, that she had been thrown out when trying to listen to "Cowboy Pete" as she had been able to do in the past because only daycare people can watch them. She said all the games, coffee urns and Publix donation of food have been taken away and people cannot stay much longer after they finish their lunch. She said the people don't know who to go to with this. Hattie Sidenspinner, said there had been $30,000 donated to the center and they do not know what happened to it, that seniors are taxpayers and should be treated right. She said without the center they really are like in jail. James Hale said his mom goes to the senior center, that promises made have not been fulfilled and what they had has been taken away, that seniors are not allowed to listen to the bands in the front room, and asked Council to take care of the seniors like they do the children of Sebastian. Cindy Falco said she went to Vero Beach and talked to the agency about this, and was told the $30,000 donation from the Clambake was earmarked for the building and $4,000 from Home Depot used for A/C and not for programs. She said she was told they need apart- time employee, and that they want to do more daycare which is $55 per day. She asked what we can do to help the seniors such as fundraising. Ms. Falco noted the Chamber of Commerce was against LoPresti coming in and said there was an incentive in foregoing impact fees if you want to buy a building, but asked what if you wanted to rent a building. Following discussion on the matter, suggestions regarding volunteers, advice by the City Attorney that the Senior Resources Center has its own Board of Directors and is not an agency under the County Commission, it was the consensus of City Council to direct the City Manager to send letters to Karen Diegl and the County Commission, providing them with DVD copies of the meeting to hear the people's concerns. Bill Bodon, 614 South Easy Street, Sebastian, asked what was the cost of a human life, and recommended adding a minimum of three police officers at a cost of $19.50 per hour. Damien Gilliams, 1623 US 1, Sebastian, asked why we cannot take care of senior citizens; City employees built a recessed box on his property without permission and left rebar on the grass which a mower ran over, and was advised to file a complaint with the City Attorney; t. '"..'.,_..,,,~ thanked Ms. Simchick for getting lobbyist on the agenda, said the Economic Task ~ ~ ~ 7 Regular City Council Meeting August 13, 2008 Page Eight Force item was great; said it is a good time for a citizens academy and they could go to the senior center, wanted to see the City check book on the Internet, and election time is coming. Ms. Simchick asked if Mr. Gilliams can identify the employees who were on the property and asked him to call her with their names and she will contact the City Manager. She asked the City Manager to follow up and report to her. The City Attorney said his office does handle risk management for the City and that was the correct advice to give. The City Manager said the box was in the right-of-way and if it was brought to his attention he would have handled it in this way and will look into it further. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting to 10:30 p.m. carried on a voice vote of 5-0. Richard Gillmor, 744 Kroegel Avenue, Sebastian, said the Economic Development Plan was excellent and he agreed with Mr. Neglia's suggestion to workshop it and Mr. Wolff's suggestion to work on it right away. Jim Sunnycalb, thanked the City Manager for the Pete Harris plaque approval, asked for fire ant killer near the early voting site; that Easy Street Park is working and suggested catch and release for now until the fish stock is up, said the park has come alive and people of all ages are enjoying it, noting people would like lights around the park. City Council discussion took place on the pros and cons of lights in Easy Street Park, with input from the City Manager that the cost would be approximately $30,000 and if directed he could begin the bidding process. Following the advice of the City Attorney that Council was getting away from its adopted procedures, the City Manager said he would place Easy Street lights on a Council agenda. 13. NEW BUSINESS 08.096 A. Waive Competitive Bid Procedures and Authorize Renewal and Application of the 125-146 Following Agreements: Group Health Insurance Through BlueCross BlueShield of Florida, Life Insurance & Long-Term Disability Through Florida Combined Life Insurance Company (HR Transmittal, Renewal Evaluation Rate Page Addendum, Renewal Letter, Booklet) The Human Resources Director recommended staying with the current programs for cost savings. Damien Gilliams, 1623 US 1, Sebastian, said it is great to see that agents are making three percent, and recommended this go out to bid. Council discussion took place on insurance programs, and the City Manager gave a lengthy explanation and justification for extending the agreements which were bid out just two years ago based on the adversities of being in a small and expensive market area, the possibilities v'""°- `°~t~ of combining with other agencies in the future, and the complexities of bidding insurance ~ j ~ policies. +~ Regular City Council Meeting August 13, 2008 Page Nine In response to Ms. Simchick, the City Manager said only dependent care coverage will be raised due to the increase but individual coverage will be covered by the City. The Human Resources Director said dependent coverage will increase $16 per month. Ms. Simchick said this is too much for a family and it should not be passed on to employees. Mr. Paternoster asked what the overall annual cost would be and the City Manager said he would come back with the figures for the budget workshop on August 20th. The City Manager requested approval of the item and said the funding source for dependent coverage can be discussed at the budget workshop. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve group health, life and the long term disability renewal policy. Result of the roll call was as follows: Ayes: All Nays: None Passed 5-0 08.097 B. Authorize Renewal of General/Professional and Automobile Liability and Property 147-150 and Workers' Compensation Insurance Contract with Florida League of Cities for Additional One Year Term (HR Transmittal Tab) MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve. Result of the roll call was as follows: Ayes: All Nays: None Passed 5-0 Because time ran out, Mayor Coy adjourned the Regular Meeting at 10:30 p.m. The following items will be carried forward to the next Regular Meeting. 08.014 C. Set New Bi-Annual Goals for Charter Officers As Required by Resolution R-07-31 151-155 (City Clerk Transmittal, R-07-31, January Goals) 14. CITY ATTORNEY MATTERS 08.098 A. Political Campaign Sign Consideration 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. IVIr. Neglia B. Mr. Paternoster C. Ms. Simchick D. Mr. Wolff E. Mayor Coy ..,~ 9 x~~ Regular City Council Meeting August 13, 2008 Page Ten Approved at the August 27"', 2008 Regular City Council meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk 10 u'n of FiGd.SE Of FEL12iiN ESW~Ig Subject: Fill vacant positions on the: Agenda No. U~ ~ U:~. ~ ~ p fl. DDI ,' D ~, D ? Natural Resources Board Department Origin: City Clerk's Office. ~~ Parks & Recreation Advisory Committee P nni g Zoning Commission City Attorney: Ap ov Submittal by: City Manager Date Submitted: 8/13/08 i For Agenda of: 8/27/08 Exhibits: 3 applications, press release SUMMARY STATEMENT We currently have several committee/board vacancies and have received applications from three individuals who have selected their choices and meet the criteria for the three boards listed below: Albert Alvarez -1St choice Natural Resources, 2~d choice Parks and Rec, 3~d choice P&Z George Seaman -1St choice Parks and Rec Charles Neuberger-1St choice P & Z, 2~d choice Parks and Rec 1. Natural Resources Board i. Regular Member Position -Term to Expire 7/1/11 2. Parks & Recreation Advisory Committee i. Regular Member Position -Term to Expire 5/21/11 3. Planning_& Zoning Commission i. Alternate Member Position -Term to Expire 11/1/10 The three applicants have been invited for interview. RECOMMENDED ACTION Interview applicants, unless waived, submit nominations and appoint to the following positions: 1. Natural Resources Board -Regular Member Position -Term to Expire 7/1/11 2. Parks & Recreation Advisory Committee -Regular Member Position -Term to Expire 5/21 /11 3. Planning & Zoning Commission -Alternate Member Position -Term to Expire 11/1/10 r" if e~w: ~° ~~ .~.-~' mv~~r SE~.~r~~ - - ~---- -- __ HOME Of PELICAN ISLAND APPLICATION TO S~;ERVE ON CITY BOARD/COMMITTEE -I t ir:, ~zi?~=ti!i ~['(~ ~C.l. !lt`°2 ;~Ilf~l'IZ~~r~ ~r~~t. ~?t~ '.mac c. o, lr jr~(ltc, - i~~r? ^it ~ 1° ~=ici MLS_ NAME: - l ~~~~ 1. (~~} l2-e Z HOME ADDR/ESS: ~ Z ~~~ ZK ~~,t/-~ Seb,AS, ~ f%~ 3ygS~ HOME PHONE: ,cJ :~ HOME FAX: ~/,~~ ~ E-MAIL: A~J~ e t - S3 Z- ~7~ BUSINESS: ~ ~, `~~ ~~~ BUSINESS ADDRESS: ~ C ~ ~ (~~ ~ ~W e ~s~ ~^~ ~~ 3Zg~ BUSINESS PHONE: ~ ~.,~~~ BUSINESS FAX:~~~ ~~~ E-MAIL: RQ9 ~~ ~c ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? ~. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? e , DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 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) X PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)" POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' _ -. PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) ~_ ~C - NATURAL RESOURCES BOARD (permanent board -meets once a month) _ OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) J.; * `--° Filing of financial disclosure is required following appointment Albert Alvarez REALTOR® (800) 570-2731 Office (772) 589-5678 Fax (772) 589-6480 Cell (772) 532-8767 E-mail Alalvarez@aol.com Web www.realty-place.com 1108 U.S. HWY. ONE • SEBASTIAN, FL 32958 ,~~~~~ ~~ __; - . F--~ F_._,. =- t---t = ~: +~ ,~. ~ ~ APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~~fi (,~ ~. 3 ~~ ~ tie { S ~ ~, ,~~.-~.~ . .~~ 1 (.~ ~ 1,~ ~-~ ~ LIST ANY ADDITIONAfL QUALIFICATIONS TO SERVE ON BOARD OR COMJUIITTEE: QA b j C.~ x.c H. ct~'e ~ U~ BUR j~+, ~e C~ c..~ L U~- vim- - l~.u /~ j as ~ ice ~~~~ ~-,/a~~i'~ L l ~ V(]A2~`. (~ ~ -~n-t~( Jug ~r"l ~ ,~~ -~~ 1 'X'~- l~ HAV YOU VER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? P~S HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL Sk r ar~ \ TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? M~ ~ ~ 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. ~~ ~ 2.t .e ~} J~ w~ ~~~~L ~t-lll~ls, ~fl «~ have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. ~~ Applicant ~ nature Subscribed and sworn to before me this ~ y of ~.~ ~ - , Z~-'~S' by ~~,~~ ;'~ ~ ~~ V f-~ ~ ~ Z who is rsonally known to m y or has produced as identification. Commission # DD427027 ST . ~ , ~"a00-3857019 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 ''? ~~ ~, ~ ,~.~~ \wp-form\appl icat.wpd rev. 7!2007 Albert Alvarez 492 Quarry Lane. Sebastian, Fl. 32958 772-532-8767 alalvarez(a~aol.com 0 1993 to Present. Real Estate Agent. Sales associate,GRI Graduate. Experience in preparing and listing properties for sale. Contracts for Sale and Purchase, Appraising, preparing B.P.O. Working with buyers. Extensive knowledge in HUD and VA homes as well as Bank foreclosure homes, investments properties, and commercial sales as well. Bought and sold auction homes (flipping), from the court house. Good computer knowledge. Bilingual. Present. Direct distributor for the Enagic Company. (Kangen Water) An Alkaline water filtration system. Also Home Inspector for U-save Insurance Inspections 2003 to 2007 Owner/Manager Online retail store. Caribbean Islands Grocer.com 2006 to 2007 Owner/Manager ~~ ~ .., Caribbean Islands Grocer Retail Store. 11624 Hwy U.S. 1 Sebastian, F1. 1990 to 1992. Springlite Bottle Water Company. Sales Associate. Extensive experience in mall booth set ups. Door to door canvassing. (Soliciting.) Phone telemarketing. Reference upon request. Z4/ an-~~ ~E;AST S ~ ~~ ~~ ~~-- HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE ,j6„ NAME: ~ ~r n ~ ~' t ~ ~~~Ce~~~~ ~' HOME ADDRESS: "~ ~ ~ ~ r ~I~ ~., -, HOME PHONE: _~~~~ OME FAX: E-MAIL: BUSINESS: ~ ~--` ~,~ BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? ~~, DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~~~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? f ~`/ 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 month] i,_. NATURAL RESOURCES BOARD (permanent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) - - *Filing of financial disclosure is required following appointment .-. ~~ '"-~ ` l t'v ~,~ -_' F---' ~~ ~.~ ..~ firM-, ~ r ,~ AP,,;;P~~LICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~~ GvsC iYC.~V' ~ ~~~~~~~5 ~~0~1 tt.~~-- Q~:~~ tlE ~~ C*~.%~ r S~c~ ~.~~~ ~ .~- vt ~ , LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: 1 ~- - HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THI OR ANY STATE? ~~'~~~; HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEME~4~ ~~NVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~~ 1 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. L6 I have been provided with, read and understand City of ; (attached). Information relative to a specific board or coi AI Subscribed and sworn ~-to-~ before me this ~~~f ~ ~ ~ ~~ :>.~t•`rtitt r~ who is - :J..-a:l.~~1 ~~ Not Public, ~te of Florida s~ti~,~ z~i~~ Please return to Office of the City Clerk, \wp-form\a ppl icat.wpd rev. 7/2007 `ode of Ordina available if req day of - onally known to o'-~''~"`s~~ Virginia Zahn :~ : Commission # DD370224 '~ ~(~~'j'7ExpKes January 24, 2009 OF !'~ Sondd Tp~ iiY~ • Yrunna, Inc !043!61019 2-166 through 2-173 -, y~ by or has produced 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 )j ~~:Id svc~ SE 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: ~R -- ~C S ~ v ~r-~C' fr~'"_ HOME ADDRESS: / _ HOME PHONE: ~~~ ~, ~ 3 Y-~"~"`/HOME FAX: ~~Z.~s3 ~ ~jz3 ~~ E-MAIL:L'C 3Zs' ~~cC. v BUSINESS: ~`' /' f t- ' c '7 ~~ . ~. c c°' ~' BUSINESS ADDRESS: ~~ BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~~ ~` HOW LONG? ~ ~' yi25 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~tJ ~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? ~~ WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) t- CONSTRUCTION BOARD (permanent board -meets once a month)' ~~ HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets twice amonth)' - POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* 2 ~ PARKS & RECREATION ADVISORY COMMITTEE (permanent board-meets once a month) _ G~ NATURAL RESOURCES BOARD (permanent board -meets once a month) _=_ OTHER TEMPORARY COMMITTEE (if applicable) ~ (WRITE IN COMMITTEE NAME) ~ ~; *Filing of financial disclosure is required. following appointment ~'~ .: 3 Jr ~-' r~ == ~i , _ ;,, APPLICABLE EDU~AT{ON P~IDIOR EXPERIENCE: (a brief resume is required) ey ~ !E J re.%'f C' HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~`.~~wi'F are ,~ ~~~,~ s~ b~.~~S 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? j~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECT D ABOVE? ~' S 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 Ci of Sebasti o~ tY e o rd ante ecti ns 6 through 2-173 (attached). Information relative to a specific board or committee is~aG~ila~rl"e if requ ted. ~ .~,, r ~/ vK~-+~ -- ^t R ~ Applic77ant Signature Subscribed andjj '~ sworn to before me this J Q ~ day of 1 ~ w~~, by Cte~ f~r~ll~~-Y~Q~(~ who is personally known to me, or has produced F~ b-- t yer.~~~ `~-~~t C(' Y1S ~. as identification. ry Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\appl icat.wpd rev. 7/2007 n JEANETTE WILLIAMS Commission DD 630052 suho~ao~, Expires February 28, 2011 Bonded Tfau Tiv~. fain Renee gpp,3~7019 2$ t ~cm~ 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 Regular Member -Term to Expire 7/ 1 /2011 Regular Member -Term to Expire 7/ 1 /2011 Alternate Member -Term to Expire 7/1/2011 Parks & Recreation Advisory Committee Regular Member -Term to Expire 5/31 /2011 Alternate Member -Term to Expire 5/31/2011 Alternate Member -Term to Expire 5/31/2009 Planning & Zoning Commission Alternate Member -Term to Expire 11 / 1 /2010 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. €;F ~.r~ ` 3U rm ar ~,~ HL7A+~E C}F PELiCA.PI iSt14NE3 AGENDA TRANSMITTAL Subject: Agenda No. D cS'- (~ 7 5' CLEARING ORDINANCE ~'~~ ~~ Department Origin: MD, AND City Attorney: ~ RESOLUTION F{ ~~~ -1`~ City Clerk: ~' 1 ~ Date Submitted: ug 08 A v ubmittal by: ~. Cit Mana er xhibits: E-Mail Communication; City of Palm Bay Ordinance EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY First reading of this ordinance was July 23, 2008. By Council direction, second reading was scheduled for August 27, 2008. At the writing of this correspondence for the Agenda Packets, I had not received response from FWS on the proposed ordinance/resolution. For you review, e- mail submittal was made to FWS on July 22, 2008. I did take the liberty to contact Trish Adams on Thursday, August 21, 2008 and she communicated the FWS would provide feedback by Wednesday's meeting. As soon as such arrives, I will forward to Council and recommend accordingly. RECOMMENDATION Approve ordinance on second reading and resolution. 5I "" wx} l r. ~„~ re„ ~.~~ ,. Page 1 of 1 Alfred Minner From: Alfred Minner Sent: Tuesday, July 22, 2008 4:28 PM To: 'Trish Adams@fws.gov' Cc: Rich Stringer; Rebecca Grohall Subject: 5' Clearing Ordinance Proposal Tracking: Recipient 'Trish_Adams@fws.gov' Rich Stringer Rebecca Grohall Trish: Read Read: 7/22/2008 4:28 PM Read: 7/23/2008 8:16 AM As you may know the City of Sebastian has scheduled, for first reading, the 5' lot clearing ordinance. This is scheduled for Wednesday, July 23, 2008. I have placed this item on the agenda because I believe a number of Council members have requested that this matter be addressed. In addition, I believe the City has made attempts to comply with FWS. For your review and comment, I have attached a copy of our proposed ordinance and the proposed resolution (which will guide administration of the lot clearing). I have also attached the City of Palm Bay lot clearing ordinance, which I understand was reviewed and approved by FWS. Please contact me at your convenience to discuss this matter should you have any concerns. On another matter, I have yet to move the dirt at the Airport, waiting to hear from you per our telephone conversation of a few weeks ago. Thanks again, look forward to hearing from you. Also - !will try to follow up this letter with a phone call. AI Minner City Manager City of Sebastian 8/21/2008 ~.k~~, .~ Alfred Minner From: Sent: To: Subject: Return Receipt Your document: was received by: at: Trish_Adams@fws.gov Wednesday, July 30, 2008 8:45 AM Alfred Minner 5' Clearing Ordinance Proposal 5' Clearing Ordinance Proposal Trish Adams/R4/FWS/DOI 07/30/2008 08:44:44 AM EDT 3y, ORDINANCE NO. 2003-35 AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE IX, GENERAL REGULATIONS, CHAPTER 93, REAL PROPERTY NUISANCES, SUBCHAPTER `WEEDS, RUBBISH, TRASH AND DEBRIS', BY PROV{DING FOR THE CLEARING OF A PORTION OF AN UNIMPROVED LOT, ADJACENT TO A ROADWAY OR DRAINAGE RIGHT-OF-WAY, THAT HAS BEEN DECLARED A PUBLIC NUISANCE; PROVIDING FOR AN EXEMPTION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREW[TH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Cade of Ordinances, Title IX, General Regulations, Chapter 93, Real Property Nuisances, Subchapter'Weeds, Rubbish, Trash and Debris', Section 93.01, Violations Declared a Nuisance, is hereby amended and shall henceforth read as follows: "Section 93.01 VIOLATIONS DECLARED A NUISANCE. Violations of this subchapter are declared to be a nuisance dangerous to the Qublic health and safety and the procedure for enforcement of the requirements of this subchapter shall be deemed to be in abatement of such nuisance." SECTION 2. The City of Palm Bay Code of Ordinances, Title IX, General Regulations; Chapter 93, Peal Property Nuisances, Subchapter'Weeds, Rubbish, Trash and Debris', Section 93.x2, Definitions, is hereby amended by including a definition for `excessive vegetation' and revising the definition for 'unimproved real property', which --a City of Palm Bay, Florida Ordinance No. 2003-35 Page 2 of 5 language shall read as follows: "Section 93.02 DEFINITIONS. EXCESSIVE VEGETATION. Any vegetation including, but not limited ta, a growth of bushes or trees, on unimproved or improved real property that detrimentally affects adlacent improved real properties or adlacent public right-of-way and shall include cuttings from trees and shrubs and any rank growth which may conceal filfhy deposits or constitute a fire hazard when dry. Droppings, sheddings, or any other type of defoliation from trees onto an adiaceni property shall not be construed to detrimentally affect the adlacent property. UNIMPROVED REAL PROPERTY. Any to#, tract or parcel of land that does not have any structure of any kind or type either placed or constructed upon it. All property presently zoned A GU or RR is deemed to be unimproved property for purposes of this subchapter." SECTION 3. The City of Palm Bay Code of Ordinances, Title IX, General Regulations, Chapter 93, Real Property Nuisances, Subchapter `Weeds, Rubbish, Trash and Debris', Section 93.04, Unimproved Rea( Property, is hereby amended and shall henceforth read as follows: "Section 93.04 UNIMPROVED REAL PROPERTY (A} (1) ft shall be unlawful for owners of unimproved real property located within the city whose property line adjoins or abuts improved real property to either permit weeds, grass, er undergrowth, ar other vegetative matter to grow thereon to a height of more than twelve inches (~2") for a minimum distance of twenty-five feet (25`) from all improved property orta otherwise encroach upon abutting improved real property. Owners of such unimproved property shall also keep their property free from rubbish, trash, debris, junk, dead, fallen or partially fallen trees which may endanger other persons or property ar to allow other unsightly or unsanitary matter to remain thereon, or to allow any condition to remain or continue by act or omission that shall constitute a public nuisance. (2) Owners of unimproved lots adlacent to improved lots may petition for exemption from this subsection by providing a sworn affidavit, on forms provided by the City, from all adlacent improved property owners indicating that said property owners do not obiect to the encroachment of weeds, grass, undergrowth, or other vegetative matter from the unimproved lot upon the property awned by the affiant. (B} Owners of unimproved real properly located within the city that is situated on corners or intersections shall maintain such property so as to not permit growth of weeds, grass or undergrowth to exceed the height of twelve inches (12") for a minimum distance of fifteen feet (15') from the road right-of-way on those portions of the property facing the intersection; the requirement is in addition to those provisions contained in § 93.03. ~~ City of Palm Bay, Florida Ordinance No. 2003-35 Page 3 of 5 (C) It shall be unlawful far owners of unimproved real property located within the City to allow weeds, grass, undergrowth, bushes, or other vegetative material to grow thereon to a height of more than twelve inches (12") for a minimum distance of fifteen feet (15') from the road or drainage right-of--way line Owners of such unimproved property shall keep the referenced fifteen foot (15') area clear of anv obstruction that will interfere with the City's maintenance of roadwa and drainage facilities. (D) The City Manager, in order to preserve the health safety and welfare of the public, may, upon recommendation of the Fire Chief authorize clearing the entire unimproved real property or portions thereof as the City Manager shall deem warranted {E) In the event the property owner fails to properly maintain their property in accordance with the referenced standards herein, the City may perforrn such maintenance as may be necessary and shall not be responsible for anv damage to other vegetation that is in the vicinity of such maintenance activity. (F) .Owners of unimproved property shall not be required to remove weeds Dross undergrowth, bushes, trees, or other vegetative material if such removal would destroy the habitat of the Florida Scrub Jav, gopher tortoise, black indigo snake or any other state or federally endangered species to the extent that such removal would be considered a `taking' under applicable state or federal law." SECTION 4. The City of Palm Bay Code of Ordinances, Title IX, General Regulations, Chapter 93, Rea! Property Nuisances, Subchapter'Weeds, Rubbish, Trash and Debris', Section 93.Q4~, Declaration of Public Nuisance, is hereby amended and shall henceforth read as follows: "Section 93.041 DECLARATION OF PUBLlC NUISANCE. Accumulation of refuse and excessive vegetation as defined herein is are declared to be a-public nuisances. Any refuse on any land in the city is declared to be a public nuisance and is prohibited." SECTION 5. The City of Palm Bay Code of Ordinances, Title IX, General Regulations, Chapter 93, Real Property Nuisances, Subchapter `Weeds, Rubbish, Trash and Debris', Section 93.07, Notices of Violations, is hereby amended and shall henceforth read as follows: ,,, City of Palm Bay, Florida Ordinance No. 2003-35 Page4of5 "Section 93.07 NOTICES OF VIOLATIONS. The notice provided for herein shall be given to the property owner at the last known address on file with the Brevard County Property Appraiser by certified mail, posting, or hand delivery." SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 7. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance steal{ be made a part of the City of Pafm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. SECTION 8. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 9. The provisions within this ordinance shall take effect on January 1, 2004. 3BJ City of Paim Bay, Florida Ordinance No. 2003-35 Page 5 of 5 Read in title only at Meeting No. 2003-24, held on September 4, 2003; and read in title only and duly enacted at Meeting No. 2003-28, held an October ~6, 2003. Jahn J. Mazziotti, MAYOR ATTEST: Terese Barber, DEPUTY CITY CLERK CC: ~0-17-03 All Department Heads ALP .~~. ~-~ .~ ~,..~.-- yo, '; ~ .. ~~ ,.~~ ORDINANCE NO. 0-08-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3, NUISANCES: ILLUSTRATIVE ENUMERATION; PROVIDING FOR DEVELOPMENT OF GUIDELINES, 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) upon improved real property, when above a height of ten inchesL_ 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. Nothing herein shall relieve the landowner of an requirement to obtain appropriate permits for removal of such vegetation. Section 2. GUH)ELINES. The City shall, in consultation with federal and state regulatory agencies, develop guidelines to safeguard protected plant and animal species in the application of this Ordinance. These guidelines shall be formally adopted by resolution and may ~l I 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 1 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 Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2008. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy ~~/ Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney RESOLUTION NO. R-08-14 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 and 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. The City Council hereby adopts the following guidelines for review of land clearing activities within the City of Sebastian: I. Before any clearing may begin, the property owner must apply to the City for a "Nuisance Abatement" permit and inspection by the City's Growth Management Department. Nothing within these guidelines, including the issuance of a "Nuisance Abatement" permit, shall authorize activity constituting a "taking" of a protected plant or animal species. II. Clearing on the parcels covered in the City of Sebastian Habitat Conservation Plan (HCP) generally may not occur during the nesting season. Typically nesting season is March 1St to June 30t"but may vary slightly from year to year. III. If the lot is inhabited by Gopher Tortoise (gopherus polyphemus) or other listed threatened and endangered species, a permit from Florida Fish and Wildlife Conservation Commission (FFWCC) 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 property line unless the Growth Management Department determines that a lesser amount is required to safeguard protected plant and animal species. The Growth Management Department 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. ~~ Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall become effective upon adoption. The foregoing resolution was moved for adoption by Councilmember .The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this resolution duly passed and adopted this 27th day of August, 2008. CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney ,-T ~~__.