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HomeMy WebLinkAbout02112009CITY i~ .'A HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 11, 2009 - 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 OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. 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. 09.032 A. Governor's Healthy Floridians Initiative 2009 Proclamation -Tina Zayas Accepting 1 B. Brief Announcements 7. ITEMS CARRIED FORWARD FROM JANUARY 28. 2009 REGULAR MEETING A. City Manager Matters 08.030/09.031 i. ISBA Verbal Update Report Based on 1/28/09 Working Group Meeting B. Council Member Coy 09.019 i. Neighborhood Park Events Update 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. 3-1s A. Approval of Minutes - 1/28/09 Meeting 09.033 B. Prior Approval for Council Members Who Wish to Attend Florida League of Cities 17-2o Legislative Action Day -Tallahassee -Wednesday, March 25, 2009 (City Clerk Transmittal, Brochure) 09.034 C. Prior Approval for Council Members Who Wish to Attend Florida Institute of 21-2s Government Advanced Institute for Elected Municipal Officials in Cocoa Beach - April 24 and 25, 2009 (City Clerk Transmittal, Code Section 2-34, Information) 09.035 D. Approve Use of Riverview Park for Natural Resources Board 2009 Earth Day Event - 27-33 April 18, 2009 - 10 am to 3 pm (Parks Transmittal 2/4/09, Letter, Application, Map) 09.036 E. Approve Use of Riverview Park -Rotary Club Home and Garden Show -March 28 35-41 and 29, 2009 - 9 am to 5 pm Both Days -Request for Stage, Trash Receptacles, Trash Bags (Parks Transmittal 2/4/09) 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. 09.002 A. Parks & Recreation Advisory Board i. Interview, Unless Waived and Appoint One Regular Member and One Alternate 43-54 Member (City Clerk Transmittal, Two Applications, Board List, Press Release) 10. PUBLIC HEARINGS Procedures for public hearings: (R-09-05) Mayor opens hearing Attorney read ordinance • Staff presentation • Public input -Limit of 5 minutes per speaker • Staff summation Mayor closes hearing • Council action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name for the record. 09.037 A. Resolution No. R-09-09 -Quasi-Judicial Public Hearing to Modify the Conditions 55-75 of a Special Use Permit for Car Wash Located on 921 Sebastian Blvd. (GMD Transmittal, R-09-09, Application, Site Plan Revision, R-00-56, P & Z Excerpt) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING MODIFICATIONS TO THE CONDITIONS OF A SPECIAL USE PERMIT FOR A CAR WASH LOCATED AT 921 SEBASTIAN BOULEVARD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (PJ 1/27/09) 11. UNFINISHED BUSINESS -None 12. PUBLIC INPUT 2 13. NEW BUSINESS 09.038 A. Guy Cormier -Water Line Installation Lien Reduction Request (City Manager 77-98 Transmittal, Documents Relative to Previous Request from 2006) 09.039 B. Review of Motion to Release Order Imposing Fine as a Lien on 1258 Laconia Street, 99-104 Code Enforcement Case 07-00619 (Code Enforcement Transmittal, Orders) 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.131/09.040 A. Discussion of Indian River Drive/Main Street Improvement Project Change Order - 105-111 Chamber Parking - No Action Required (City Manager Transmittal, Change Order #1 and Attachments) 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Coy C. Council Member Simchick D. Council Member Wolff E. Mayor Gillmor 18. 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. ,~;€ raj r....,, h eiir~~s ar~* Air~cd ~iu~, c~r1 C~~n~c~sf Channel 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: Procedures for Quasi-Judicial Hearing: February 25, 2009 Regular Meeting - 6:30 pm Mayor opens hearing March 11, 2009 Regular Meeting - 6:30 pm Council Members disclose ex parte communication March 18, 2009 Tourism Workshop - 6:00 pm Applicant or agent makes presentation in favor of request March 25, 2009 Regular Meeting - 6:30 pm following swearing in by City Clerk Apri18, 2009 Regular Meeting - 6:30 pm Staff presents finding and analysis following swearing in Apri122, 2009 Regular Meeting - 6:30 pm by City Clerk Council asks questions of the applicant and staff Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided opportunity to respond to issues raised by staff or public Staff provided opportunity to summarize request Council deliberation and questions Mayor calls for a motion Council Action PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-09-05 Regular City Council Meetings Public input is ALLOWED under the headings: / Consent Agenda / Public Hearings / Unfinished Business / New Business / Public Input Public input is NOT ALLOWED under the headings: / 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); / City Council Matters / Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. 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. 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. Chair to Control Meeting In controlling the meeting during public input, the Chair will take the following actions: / First Offense -verbal warning to move on. / Second Offense -offender is directed to be seated. / Third Offense (refusal to be seated or other disruptive acts -offender will be asked to leave the premises) 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. Public Input Heading on Agenda 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. Any provisions of the procedures resolution may be suspended for good cause by affirmative vote of at least three Council members. The good cause shall be stated on the record. 4 ~ ~~ ~ ~~ ~_~ a~ _ ~ .__ , ~, .. q, ~< ~ __ ~,~ ~~ Healthy Floridians Initiative February 15 through February 21, 2009 WHEREAS, the health and safety of all of the citizens of Sebastian is vital to our community; and CIiY CAF S~-~~i HOME OF PELICAN ISLAND WHEREAS, with physical fitness, recreation, and sound nutrition our citizens can live a healthy, meaningful, and productive life; and WHEREAS, according to the Florida Department of Health, an estimated 38.9 % of all adults in Indian River County are overweight and only 32.8% of adults in Indian River County meet the moderate physical activity recommendations; and WHEREAS, only 32.7% of adults in Indian River County report eating at least five servings of fruits and vegetables a day; and WHEREAS, citizens who live sedentary lifestyles are associated with a majority of chronic diseases and disabling conditions such as diabetes and hypertension; and WHEREAS, a partnership among government, businesses, community organizations and our citizens can shift the central focus of health care from treating chronic diseases to preventing chronic diseases; and WHEREAS, the implementation of a wellness event can benefit residents by improving their physical health and morale. NOW THEREFORE, 1, Richard H. Gillmor,, Mayor of the City of Sebastian, Florida do hereby proclaim February 15 through February 21, 2009 as "Healthy Floridians Initiative" week and encourage our residents to set goals to improve their health and wellness and strive for healthy lifestyles. -. ,~. ti: i '4,, 1. ~iB~ ~ ~. i, f2 4' Richard H. GiNmor, Mayor ~`;;`/;~ ~ ~ 0 acv ~~ ~"' '.- ~ _ -- - ~`. -- :~--~- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 28, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular City Council meeting to order at 6:30 p.m. 2. Rabbi John Goldring, Congregation Beth-EI, gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Manager, Jan King Zoning Technician, Dorri Bosworth Police Captain, Bob Lockhart Police Captain, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 6. 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. None. 0 Regular City Council Meeting January 28, 2009 Page Two 7. ITEMS CARRIED FORWARD FROM JANUARY 14, 2009 REGULAR MEETING 08.014/09.017 A. Review and Set Goals for Charter Officers in Accordance with Resolution R-07-31 ~-s (City Clerk Transmittal, R-07-31, Minutes Excerpts) Mayor Gillmor commended all three officers for their excellent professional service to the City of Sebastian. His goals were as follows: For the City Manager, he was asked to delegate more and expect excellence; look for new revenue sources; continue to watch out for the City's interests in the ISBA process; continue to work on an economic development plan; streamline the growth management process; provide more frequent a-mail updates; ensure the MIS Dept. has the system it needs to import/export the City's information-maybe report where we are lacking and can improve; jumpstart the budget process and continue working on the HCP Plan and Airport Layout Plan. The City Attorney was asked to be the legal watchman for the City; continue working on the economic development plan; continue to watch out for Sebastian's interests in the ISBA process; begin working on the land development code; and provide a synopsis of what litigation cases are pending, perhaps at each meeting. The City Clerk as well as her staff were commended for the job they do and urged to continue. Discussion took place on a recommendation by Mayor Gillmor to purchase laptops and go to paperless agenda packets to save money. The rest of Council said they preferred to have books. Mr. Wolff encouraged the Clerk to come forward with ideas for the community and suggested working with citizens to see if Laserfiche can be made easier to navigate. B. Council Member Simchick 09.020 i. City Planning: A Time for Vision and Goal Setting Ms. Simchick cited a 1998 visioning process and said goal setting needs to be done again to see who we are and where we want to go. 09.021 ii. Tourism Ms. Simchick said the City offers so much for the day tripper and that she had envisioned an historical trail in Sebastian along Indian River Drive, Main Street, US 1 and Louisiana Avenue showing the different sites in Sebastian, noting there are two designated historical districts in Sebastian out of 200 in the State. She said she would like to include businesses in the trail and requested a tourism meeting in April. After some discussion it was the consensus of Council to hold a workshop on March 18tH and invite Pelican Audubon Society, Sebastian Historical Society, Friends of St. Sebastian River, the Chamber of Commerce and anyone else anyone can think of to share ideas on tourism. At this time, Damien Gilliams requested to speak on the previous items, and suggested recycling for commercial business, a citizen's academy, seeking ways to raise revenues, put the City checkbook on the website, hire a business liaison, open an environmental center, move the Chamber to the City Hall complex, get a lobbyist, have /, 2 Regular City Council Meeting January 28, 2009 Page Three Council mentor children to teach them government and provide a wellness program by using PD gym equipment. C. Mayor Gillmor 09.022 i. Assignments of Council Members to Attend IRC Commission Meetings - ~~ February through October It was the consensus of Council that rather than attendance, members monitor the agenda and if there is something that needs representation then they will attend. They were advised by the City Attorney to contact the Clerk if they could not make it and needed a replacement. The following member will monitor the following months: February -Coy March -Wolff April -Simchick May -Hill June -Gillmor July -Coy August -Wolff September-Simchick October- Hill November- Gillmor December -Hill 09.023 ii. Car Storage Mayor Gillmor expressed concern for multiple cars, RV and boat being parked on a resident's lawn and recommended revisiting codes to see if there is some way to stop it. The City Attorney advised that in this case, the cars are legally registered and that attempts had been made some years ago to try to alleviate the problems of too many vehicles being parked at residences. Discussion followed as to those previous attempts to amend the code, enforcing the current code, requiring garages to house a collection of vehicles, and backed-in cars preventing the inspection of license plates. The City Manager said the resident in question has cleared his yard. Phyllis Manzi, 742 Holden Avenue, agreed there are some junk places in the City and favors using common sense. Donna Keys, 725 Layport Drive, supported this issue and asked if boats and RVs could be parked on the opposite side of corner homes. Damien Gilliams, neighbor to Ms. Keys, said the solution is a deeded subdivision. The City Attorney advised that other jurisdictions have so many problems with junk cars that they do not have time or resources to fine cars that are parked where we don't want them to park, but he would be happy to canvass this. 3 Regular City Council Meeting January 28, 2009 Page Four The consensus of Council was to have the City Attorney look at this to see if he can come back with any comments or solutions. 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. 13-24 A. Approval of Minutes - 12/15/08 Joint Workshop 25-30 B. Approval of Minutes - 1/7/09 Workshop 31-42 C. Approval of Minutes - 1/14/09 Meeting os.~2~ios.oo~ D. Resolution No. R-09-05 -City Council Meeting Procedures (City Clerk Transmittal, 43-5o R-09-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-08-09; 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. 09.025 E. Resolution No. R-09-06 -Supporting Combining the St. Johns River and South 51-54 Florida Water Management District Waterways (City Clerk Transmittal, R-09-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE HYDRAULIC AND APPLICABLE PHYSICAL RE-CONNECTION OF THE CENTRAL AND SOUTH FLORIDA CONTROL PROJECT, AS REPRESENTED PRESENTLY BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THROUGH A SERIES OF INTERCONNECTED RESERVOIRS, STORM WATER TREATMENT AREAS AND CANALS WITH THE FORT DRUM MARSH AREA. 09.014 F. Resolution No. R-09-07 -Supporting Florida League of Cities Policy Re: Citizen 55-58 Outreach (City Clerk Transmittal, R-09-07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. 09.026 G. Resolution No. R-09-08 -Authorizing City Manager to Execute Florida Airports 59-66 Council Internship Grant in the Amount of $5,000 (Airport Transmittal, Internship Grant Application, Grant Agreement, R-09-08) 4 Regular City Council Meeting January 28, 2009 Page Five A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERNSHIP GRANT AGREEMENT WITH THE FLORIDA AIRPORTS COUNCIL TO PROVIDE FUNDING FOR AN AIRPORT INTERN; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 09.027 H. Approve Florida League of Cities Neeley Settlement in the Amount of $2,500 6~ (City Manager Transmittal) 09.028 I. Award Bid and Approve Purchase of Grader for Airport from Flagler Construction 69-98 Equipment in the Amount of $80,000 with Funding from FDOT JPA Grant (Airport Transmittal, Invitation to Bid, 2 Bids) MOTION by Council Member Coy and SECOND by Vice Mayor Hill to approve consent agenda items A-I. Result of the roll call: Ayes: 5 Nays: 0 Passed 5-0. 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. 10. PUBLIC HEARINGS 09.024 A. Second Reading and Public Hearing of Ordinance No. 0-09-01 Capital Improvements ss-~a~ Element of CLUP (GMD Transmittal, 0-09-01, Exhibit A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ 1 /13/09) The City Attorney read the title of Ordinance No. 0-09-01, the Mayor opened the public hearing at 7:36 p.m., and the City Attorney explained the Department of Community Affairs views this as a separate item than the entire comprehensive plan (CLUP) adopted last December. There was no public input. MOTION by Vice Mayor and SECOND by Ms. Simchick to adopt Ordinance No. 0-09-01 regarding the capital improvement element of the CLUP. Result of the roll call: Ayes: 5 Nays: 0 Passed 5-0. Regular City Council Meeting January 28, 2009 Page Six The Mayor called for a recess at 7:38 p.m. and reconvened the meeting at 7:55 p.m. All members were present. 09.029 B. QUASI-JUDICIAL HEARING -Resolution No. R-09-03 Preliminary Plat -The 149-173 ~ Pointe at Chesser's Gap Subdivision (GMD Transmittal, R-09-03, 2004 Conceptual PUD, Staff Report, P & Z Minutes, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS THE POINTE AT CHESSER'S GAP; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The Mayor opened the hearing for Resolution Nos. R-09-03 and R-09-04. The City Attorney read both titles, advised to conduct the hearings at the same time but take separate votes at the end. Mayor Gillmor called for disclosure of ex-parte communication. Ms. Coy said she had a conversation with Mrs. Lea, and received a-mails from several residents. Mr. Wolff said he replied to an a-mail from Mr. And Mrs. Mathewson. Ms. Simchick said she also received the same a-mails and a flyer in her mailbox directed to Collier Creek residents. Mayor Gillmor said he also had e-mails, spoke to Mr. & Mrs. Lea, and had one telephone call but did not respond. The City Attorney asked Council if as a result of these e-mails, leaflets, or phone conversations, that they would be unable to hear the case fairly and impartially and judge it on its merits, restricting their judgment to the record that's produced here. All members said they could proceed. He then asked if anyone present had any objection or wanted to question any member of Council about their disclosures. He asked the record reflect there wasn't any objection and the members were legally fit to sit on this case. The Clerk swore in all who intended to provide comments on the project. Doug Vitunac, Attorney, Collins, Brown, & Caldwell, 756 Beachland Blvd., Vero Beach, representing Chesser's Gap LLC introduced Richard Jones, a managing member of Chesser's Gap LLC; Todd Howder, MBV, Engineer; Brian Good, Kimley Horn, Traffic Engineer; and Brian Nolan, Landscape Engineer. Mr. Vitunac said they were aware that numerous residents present who would like to speak and noted the project meets and exceeds standards designed to protect individuals, it is a high quality development, it will be beneficial to the community, and provide a diversity of living space. He explained the project history began as an approved commercial PUD in 1987, and pre-dates the Collier Creek and Harbor Pointe subdivisions, the owner changed the conceptual plan to multi-family use in 2004 to make it an appropriate buffer around the commercial PUD, and the Planning and Zoning Commission (P & Z) gave unanimous approval for the preliminary plat and final site plan. 0 6 Regular City Council Meeting January 28, 2009 Page Seven He continued to explain that plats are required when property is going to be subdivided and when the minimum standards have been met by the developer, Council does not have the discretion to deny the plan but only apply existing law to what was being presented. Mr. Vitunac outlined the following code requirements they have met: -site plan is consistent with the future land use element -exceeded open space requirements -came in under the maximum building coverage -exceed minimum setback requirements -under maximum building height -have required amount of parking In response to Mr. Vitunac, Dorri Bosworth stated her name, position, length of service with the City and described her duties to include platting, final construction drawings, working with the Code. She also said she reviewed the preliminary plat and final site plan with the Growth Management Director, Rebecca Grohall and Growth Management Manager, Jan King and they recommended approval with conditions outlined in the staff reports and respective resolutions. He asked if staff recommended approval was a result of the project meeting the code and Ms. Bosworth said it was. Mr. Vitunac said increased traffic is a concern of the residents and asked the traffic engineer to speak on his qualifications and the two traffic studies that were completed. Brian Good, P.E., Kimley-Horn and Associates, Inc., said he has been a professional engineer for 10-11 years, preparing traffic studies for 15 years for Indian River County and surrounding counties. He said the first study was done in July 2007, at the request of the City; a second study was prepared in October 2008. He said the traffic meets all the City and County codes and has only one recommended improvement where traffic exceeds the City's warrants for a southbound left turn lane on Fleming Street into the project entrance. Todd Howder, P.E., MBV Engineering, said his firm did produce the civil design plan for this project including obtaining the necessary permits. Mr. Vitunac welcomed any questions and asked for time to rebut comments The Zoning Technician stated the site plan is for 116 units on 14.5 acres that can be conveyed to individual ownership, staff has determined it is in compliance with the revised conceptual PUD plan, the conditional use permit, the comprehensive plan future land use and housing element, the land development code, and townhouse regulations, and recommended Council approve the application with the outlined conditions. Ms. Coy asked what time of day and date the traffic studies were done. Mr. Good said the first one was done on a Tuesday, Wednesday, or Thursday in July 2007 between 4-6 p.m. He said the second study was done in October 2008, 7 - 9 a.m. during school time. ~,,/ Regular City Council Meeting January 28, 2009 Page Eight Mr. Wolff asked Mr. Good how many traffic studies he has conducted and if he has ever found any not to be concurrent in Indian River County. Mr. Good said 500 and within the last three years several moderate sized projects have not demonstrated concurrency. Ms. Simchick asked if the County is more concerned with the a.m. peak. Mr. Good said that is correct. Ms. Coy asked for a buffer description between the project and Harbor Pointe. Brian Nolan, Landscape Project Manager, Lucido & Assoc., P.A., said there would be six foot tall hedge of oleander and 270 canopy oaks and pines. In response to Mr. Vitunac, he said he was familiar with code requirements and he is a landscape architect. Mayor Gillmor asked what the distance would be between the buffer and the project. The Zoning Technician said it would be 125 foot buffer which exceeds the code requirement when residential abuts residential. Mr. Wolff asked if the developer would assume the liability if a child ingests the poisonous oleander. Mr. Nolan said it would depend on the circumstance. Mayor Gillmor said he determined there would be about 400 feet between the closest house and the project except on Fleming Street. Mr. Howder said that was correct, the closest was the southeast corner. Mayor Gillmor asked if each unit will have its own folio number. Mr. Howder said that is correct. Mr. Wolff asked the distance between the crematorium and nearest home. Mr. Howder said the recreation tract is closest at 100-150 feet, and the nearest residential unit will be approximately 150-175 feet. Mr. Wolff asked if there would be any mitigation for the smell when the crematorium is in use. Mr. Howder said they have tried to buffer it with the landscaping and recreation tract. Public Soeakina in Favor of the Proiect Joan Faust, 813 Barker Street, said the project is needed to put people to work and it is better than having commercial there. Donna Keys, 725 Layport Drive stated the school concurrency report shows the middle school has a negative capacity of 247 seats and this project will require 11 seats, she asked if expansion is projected at the middle school. The Zoning Tech said the project did receive a school concurrency availability determination letter in July 2008 stating the existing service boundaries do have the capacity to serve the townhome children but noted the seats are not reserved until the school impact fee is paid. ~D Regular City Council Meeting January 28, 2009 Page Nine Ms. Keys asked how the 11 seats fit into a middle school with a negative capacity. The Zoning Technician she was not sure how it was determined but the school could be planning to expand in their capital improvement plan. Ms. Keys asked Mr. Good to display the traffic study. Mr. Good displayed on the overhead the projected trips for two critical links. Steve Mizelle, 602 Vocelle, said this is the kind of thing we need to get going and it is common sense. Public Soeakina Aaainst the Project Barbara Randolph, 107 Harbor Pointe, said there will be 232 new cars, it will be too many homes and asked if the units could be cut in half to four homes per acre. Robert Gribbroek, 1041 Foster Road, asked what can be done to stop the project as there are hundreds of homes in foreclosure and we don't need any more homes. AI Manzi, 742 Holden Avenue, said he concurred with the previous gentleman. Sharon Norris, 106 Harbor Pointe Drive, asked how this turned into aquasi-judicial hearing. She asked to have the density cut. The City Attorney explained for many years the process wasn't quasi-judicial and if projects met the codes, the local government was required to approve the preliminary plat and final site plan, subsequently the courts decided it should bequasi-judicial to allow the public to come forward to impact the decision-making process, but comply with hearing rules so whatever action the board takes is defensible. Russ Owens, Sebastian, asked how long the project will take from beginning to end. The Zoning Technician said if approved, they must start construction within 18 months and have the ability to ask for an extension for another 18 months. She also said before infrastructure is built, they could bond out at 125% which will allow the city to complete the plat part of the application if the developer started but did not finish. Mr. Owens said that would be three years of heavy duty equipment tearing the roads up and asked who will repair the roads. The City Attorney advised when roads need to be repaired, they will be repaired by the respective agency. Mr. Owens asked what the cost is of each unit. Mayor Gillmor said that is up to what the market will stand. Damien Gilliams, 1623 US Highway 1, commended the City Attorney for the ex-parte communication disclosure process and said five oak trees are to be removed and asked the size of the trees. The City Manager said they vary from 3 to 24 inches. 9 Regular City Council Meeting January 28, 2009 Page Ten Ms. Simchick asked if tree conditions were already set at the October 4, 2007 P&Z meeting. The Zoning Technician responded there was a conditional use permit that the site had to meet criteria and there are conditions for approval listed in the resolution. Mr. Gilliams said Council could still attach conditions and look at what trees are to be removed. Mr. Gilliams asked for the Zoning Technician's educational background for the record. Mayor Gillmor said that was out of order and asked him to move on. Ms. Coy asked for a point of order to enforce the five minute rule. Mayor Gillmor gave him a warning. Mr. Gilliams said this was factual information that should be on the record. Mayor Gillmor asked him to move on again. Mr. Gilliams said the traffic impact affected health and safety, and the City Engineer and County Engineer should be here to answer questions. Bruce Lea, 103 Harbor Pointe Drive, thanked Mr. Vitunac for giving the project history and continued that the same number of people were present at the 2004 meeting to oppose the zoning but Council did not hear them, they than attended the P&Z meeting. He said these were choices made to disregard the will of the people. Mr. Lea said during the a.m. peak hours there were 17 vehicles going eastbound on CR512 between Roseland Road and US1 and also 58 vehicles making a right turn, he asked Mr. Good where the other 41 vehicles were going. He also said neither the July nor October study mention the vehicles backing up east on Wave, backing up on Fleming while parents pick up. He said if the road is narrowed and a left turn lane is in the center, there is no where for the through traffic to go and he suggested requiring the developer to put in the same kind of intersection they have at 58th and 53`d at Waterway Village and again at 57th left turn lanes, right turn lanes, and take 58th back down to two lane street. He also said the planned oleander and pines won't screen the buildings and asked for an eight foot high fence; and noted it could have been approved with a lower density. Mr. Vitunac reminded Council they met the school concurrency requirement, had approved tree surveys, quasi-judicial hearings eliminate ad-hocery, he agreed that everyone has the right to have his plat done the same way so conditions cannot be applied at this hearing, and they requested approval of the plat. The Mayor called for a recess at 9:22 p.m. and reconvened the meeting at 9:31 p.m. All members were present. Ms. Coy asked the City Attorney how we could legally stop building. The City Attorney explained we live in a country where property rights are protected, if an owner believes that he has a better product, he is entitled to make application to build it, and if he meets the requirements, than we permit him to go forward. ~z 10 Regular City Council Meeting January 28, 2009 Page Eleven Ms. Coy noted they will have time limits and if they don't complete the project, we could be back at square one. Ms. Coy asked if we could prevent the developer from making them into apartments down the road. The Zoning Technician explained that if the preliminary plat and final site plan are approved, they could be built into apartments, but without final platting he could not convey them and they would definitely become apartments. In response to Ms. Coy, Mr. Howder said the property across from the school is not owned by the LLC. Ms. Coy asked the developer to consider a right turn lane into the middle school. Ms. Coy asked if the oleander can be swapped out or install aboard-on-board fence. She asked the City Attorney if the density can be reduced at this point and time. The City Attorney said no, Council gave the authority to have up to eight if he could meet the code criteria and he has done so and is entitled to eight. The City Attorney advised Council they could change future PUDs but not this one. Ms. Coy asked what the implications would be if Council asked the developer to reduce the density. The City Attorney said that is beyond their ability tonight as they are in quasi-judicial proceeding to base their decision on the evidence presented. Mr. Vitunac said the turn lane is not required; and the oleanders can be swapped out. Ms. Simchick said a stop sign wasn't even warranted at the turning lane but the City could consider it at a future time. She also said regardless of her personal feelings, she hasn't heard any substantial evidence to change her opinion. She asked what could be done in the future. The City Manager said there are a number of things to modify such as the code, comp plans, and how we approve PUDs. MOTION by Vice Mayor Hill and SECOND by Mayor Gillmor to extend the meeting until 10:30 p.m. passed with a voice vote of 5-0. The City Attorney advised Council would need to base any contrary decision on substantial evidence presented tonight. Mr. Hill said this project is not all bad, asked if in 2004 when Council decided that multi- family residential was best suited for that property was that done legislatively. The City Attorney said that was also quasi-judicial. Mr. Hill asked when was it legislatively thought this would be best for the property. The Zoning Technician said the 2004 hearing for the revision to the original conceptual plan. Mr. Hill pointed out the road impacts will decrease as opposed to being developed as industrial. He also asked if the plan meets all the criteria of past Councils set up in the land development code. The Zoning Technician replied it did. Mr. Wolff said the citizens received a run around regarding the density and eventually did not get a voice. He displayed the floor plans on the overhead projector stating it is not a quality development it is portrayed to be, retirees are not looking to climb stairs, so as a Council the loopholes need to be removed from the PUDs. ~3 i1 Regular City Council Meeting January 28, 2009 Page Twelve He asked about the land deeded back to the PUD noted on circle page 177. The Zoning Technician explained the existing lake was designed for commercial development and will be relocated causing the land to be deeded back to the PUD. Mr. Wolff asked the City Attorney if Council had to approve that condition. The City Attorney replied yes to meet the code. Mr. Wolff then asked Council how they felt that one person (the Growth Management Director) can decide the color scheme for the whole project. The Zoning Technician pointed out that previous Councils requested non-monotonous colors and they tried to follow that. Mr. Wolff said there should be disclosures that a crematorium is near your house or if you are an environmentalist, you are buying a filled in wetland. Mayor Gillmor asked the developer if he had a change of heart regarding the turn lane. Mr. Good said it would not solve the queuing problem of the school as the problem is insufficient storage on the site to provide the capacity for parental drop-off/pick-up. In response to Ms. Coy's request for a wider lane, Ms. Simchick said she was concerned with the pedestrian traffic and asked for a crosswalk. The Zoning Technician pointed out it was included in Exhibit D on the last page. The City Attorney read the title of Resolution No. R-09-03. MOTION by Vice Mayor Hill and SECOND by Ms. Coy to approve Resolution No. R-09-03 approving the preliminary plat for the Pointe at Chesser's Gap with the outlined condition. Result of the roll call: Ayes: 5 Nays: 0 Passed 5-0. 09.029 C. QUASI-JUDICIAL HEARING -Resolution No. R-09-04 Site Plan -The Pointe 175-207 at Chesser's Gap Townhomes (GMD Transmittal, R-09-04, Staff Report, Traffic Analysis, Concurrence Letter, SJRWMD Correspondence, P & Z Minutes, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN FOR THE POINTE AT CHESSER'S GAP TOWNHOMES WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-09-04. l~~ 12 Regular City Council Meeting January 28, 2009 Page Thirteen MOTION by Vice Mayor Hill and SECOND by Mayor Gillmor to approve Resolution No. R-09-04 approving the site plan for the Pointe at Chesser's Gap with the three conditions. Ms. Coy asked one more time for a right turn lane or assistance with the development. Mr. Good said the land would not meet roadway standards. Mayor Gillmor asked about the buffer issue. The City Manager said that could be considered at site plan review. Mr. Nolan said the oleander could be switched out with something else. Result of the roll call: Ayes: Gillmor, Hill, Coy, Simchick Nays: Wolff Passed 4-1. MOTION BY Ms. Simchick and SECOND by Vice Mayor Hill to suspend the rules and move up item 13A on the agenda passed with a unanimous voice vote. 13. NEW BUSINESS 09.030 A. Little League Use Agreement (City Manager Transmittal Previous Lease) 209-229 The City Manager requested authority to execute a new agreement, striking the word "lease" and changing it to "use," to model after the football agreement, noting they are asking to place advertising banners along the outfield fences but the City would have the right to review the advertising before it is put up. MOTION by Vice Mayor Hill and SECOND by Ms. Simchick to strike the word "lease" and change it to "use" in the expired agreement and allow the placement of advertising banners. Mr. Wolff said the outfield fences are across from people's homes and would be more appropriate inside the batting cage. Mr. Giordan said the banners would be in fields one and two, facing the Creative Playground. The City Manager said the agreement would state no advertising on fields three and four and only during the season. Voice vote on the motion passed unanimously. Paul Giordan gave his phone number, 581-9055, for people interested in advertising and invited Council to the Opening Day ceremony on February 7 at 10:00 a.m. The Mayor adjourned the regular meeting at 10:29 a.m. 11. UNFINISHED BUSINESS I 13 Regular City Council Meeting January 28, 2009 Page Fourteen 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. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.030/09.031 A. ISBA Verbal Update Report Based on 1/28/09 Working Group Meeting 16. CITY CLERK MATTERS -None 17. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Coy 09.019 i. Neighborhood Park Events Update C. Council Member Simchick D. Council Member Wolff E. Mayor Gillmor 18. ADJOURN Approved at the February 11, 2009 Regular City Meeting. Richard H. Gillmor, Mayor Attest: Sally A. Maio, MMC -City Clerk ~~ 14 cm or ~~ T~~ ~.~ ~.. HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Prior Travel Authorization for Agenda No: vq, ~ 33 Council Members to FLC Legislative Action Day -Tallahassee -March 25, Department Orig' ' y lerk' Office 2009 City Attorney: Date Submitted: 2/3/09 Ap ove or Submittal by: For Agenda of: 2/11/09 Exhibits: Information Expenditure Required: Amount Budgeted: Appropriation Required: Travel: $ 381.00 mileage each N/A $280.00 (2 nites) hotel each Travel: $ 2,537.60 $ 58.00 meals each SUMMARY STATEMENT In accordance with code section 2-35 and the "Council and Charter Officer Travel Policy and Procedures" authorize travel for any Council Members that may wish to attend the Florida League of Cities 2009 Legislative Action Day, in Tallahassee on March 25, 2009 RECOMMENDED ACTION At Council's discretion, move to authorize travel for any Council Member wishing to attend the Florida League of Cities 2009 Legislative Action Day, in Tallahassee on March 25, 2009 (Please advise Clerk's office as soon as possible if you wish to attend) '1^' i~ i$ General Information The Florida League of Cities Legislative Action Day officially kicks-off on Wednesday, March 25, 2009. The event begins at 7:15 a.m. at the Tallahassee-Leon County Civic Center, located at 505 W. Pensacola Street. Be part of this year's advocacy efforts as President Carmine Priore and the League's lobbying team strategize and prepare for this critical legislative session. You'll hear directly from key legislators on an array of critical issues. For those traveling to Tallahassee on Tuesday, March 24, 2009, the League will be holding a Legislative Briefing from 4:30 p.m. until 5:30 p.m. in Sittig Hall. During the briefing, the League's lobbyists will provide status reports on the League's legislative action agenda priorities. You'll learn the latest on these and other key issues affecting municipalities. Please RSVP for this workshop on the registration form. Hotel Information Room blocks are available at the following hotels: Holiday Inn Capitol East, 1355 Apalachee Parkway. Reservations can be made by calling the Holiday Inn's reservations office at (850) 877-3171. The room rate is $139/night, single/double occupancy. The cut-off date for making reservations is March 6, 2009. Hotel Duval, 415 N. Monroe Street. Reservations can be made by calling the Hotel Duval's reservations office at (850) 224-6000, ext. 4855. The room rate is $159/night, single/double occupancy. The cut-off date for making reservations is March 2, 2009. Please Note: When calling the Hotel Duval, you will receive a recorded message indicating that the hotel is closed until March. It will re-open prior to Legislative Action Day, so just enter extension 4855 when prompted to be connected to reservations. When contacting these hotels, identify your association with the Florida League of Cities. After the cut-off dates, all unhooked rooms will be released. Special requests will be based on availability. If you have any questions or comments, please contact the League office at (850) 222- 9684. Note: Even though the cut-off dates for making hotel reservations are specified, we could run out of rooms before those dates so make your reservations as soon as possible. The Florida League of Cities will provide transportation between the Holiday Inn Capitol East, Hotel Duval and the Tallahassee-Leon County Civic Center. Please complete and return the advance registration form by March 6, 2009. IR Tentative Schedule* Tuesday, March 24, 2009 Sittig Hall, 301 S. Bronough Street 2:00 p. m. - 4:00 p. m. FLC Board of Directors Meeting 4:30 p.m. - 5:30 p. m. Legislative Briefing Wednesday, March 25, 2009 Tallahassee-Leon County Civic Center 505 W. Pensacola Street 7:00 a.m. Registration Opens 7:15 a.m. Legislative Leadership Breakfast • Opening Remarks • Invocation • Welcome • Legislative Overview Rebecca O'Hara, Legislative Director, Florida League of Cities Speakers include various House and Senate members • "Charge to the Delegates" Carmine Priore, President, Florida League of Cities; Vice Mayor, Wellington Upon adjournment, city officials lobby at the Capitol. Please call your legislators in advance to schedule an appointment. *Subject to change 2009 Legislative Action Agenda The Florida League of Cities supports legislation that addresses the following issues: • Affordable Housing • Civics in Florida's K-12 Education • Commuter Rail • Dedicated Transportation Funding • Municipal Pension Plans • Public Participation at Public Meetings • Reclaimed Water Regulation • Release of Social Security Numbers • Special Assessments to Fund Law Enforcement Services • Tax Reform ~0 Total Maximum Daily Loads -Florida DEP Allocation Methodology • Unfunded Mandates to Local Governments • Water Management District Governance cm « S T1Ajy HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Registration Authorization for Agenda No: (~~(, C7,3 Council to attend Advanced Institute for Elected Municipal Officials Department Orig' :City Clerk's Office City Attorney: ~ ~--~~ Date Submitte :2/4/09 Appr ed r b~mittal by: For Agenda of: 2/11/09 Exhibits: Code, Brochure Expenditure Required: Amount Budgeted: Appropriation Required: Training: $ 245.00 each SUMMARY STATEMENT In accordance with code section 2-35 and the "Council and Charter Officer Travel Policy and Procedures" adopted by R-04-39, authorization for registration is requested for any interested Council Member to attend the Advanced Institute for Elected Municipal Officials to be held in Cocoa Beach, April 24-25, 2009. Due to the nearby instruction site, Council's FY08/09 travel budget will realize a savings in mileage and hotel expense. RECOMMENDED ACTION At Council's discretion, move to authorize travel and registration for interested Members to attend the Advanced Institute for Elected Municipal Officials in Cocoa Beach, April 24-25, 2009. II ~., 2~ ZZ Sec. 2-34. Expenses of council members. There shall be paid to each council member a $300.00 per month expense allowance as lump sum reimbursement for incidental expenses, to include costs for travel within 75 miles of the city. A council member may file a written notice with city clerk that the expense allowance is declined. (Ord. No. 0-93-07, § 1, 4-14-93; Ord. No. 0-00-01, § 1, 2-1-00; Ord. No. 0-04-17, § 1, 9-15-04; Ord. No. 0-06-19, § 1, 10-11-06) 23 24 ~ ~ ~ ~ ~ c~ .. bA V ~ '~ ~' ~ ~ O ~ W ~ -~ ~ ~ ~ _ U cd ~', O ...a C1, o " ~ y c~C V ~ ~ ........ 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Department Origin: ~.~,~+o `~ Approved fo Submittal by: City Manager Finance Director: City Attorney: City Clerk: A inner Date Submitted: February 4, 2009 For Agenda of: February 11, 2009 Exhibits: Park Use Application, Diagram and Letter from Chairman of Natural Resource Board EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Natural Resource Board is seeking Council approval for their 2009 Earth Day Event. The event is scheduled for April 18, 2009 at Riverview Park from 10 AM to 3PM. The attached letter outlines activities associated with the Earth Day Event. The Board is requesting the City provide the mobile stage, sound system, podium, bleachers, trash bags, tables and chairs. City staff will set up and take down mobile stage, sound system, tables, chairs and help with the trash removal. RECOMMENDED ACTION Move to approve the Natural Resource Board Earth Day 2009 Event at Riverview Park on April 18, 2009 from l OAM to 3PM. z~ z~ City of Sebastian Earth Day/Arbor Day 2009 The Natural Green Team Park. ource Board would like to sponsor a City of Sebastian/Indian River •th Day event on April 18, 2009 from loam to 3pm in Riverview Our objective ~s to reach out on behalf of the City of Sebastian and Indian River Green Team ero Beach, to the residents of our two Cities. We intend to have tables with e~ ibitorslinformation/speakers/presenters/entertainers and hands on activities for a~lutts and children. Because of the turn out last year in Vero, we hope to have a mod~st crowd at the event. Therefore, we do hope to be allowed a food vendor and an ice-cream vendor at the event for the enjoyment of our visitors. Our rational behin having two food vendors is a result of a safety concern for the amount of pubic we are expecting; supplying these vendors will keep the public from crossing ~ebastian Blvd to the Hess station. We are asking o use fhe city stage, chair and tables for our guests and occasional use of power f r those vendors in need. The number of table and chairs will be determined at later date, once we have determined the number of vendors attending. We ask the City to assist us with the portable stage, a supply of trash bags and porta le receptacles. Our intent is to preser-t the City of Sebastian as being supportive in working hand in hand with our itizens~ in preserving and defending our environment. We are working hard t plan and work this event ourselves however; we ask minimal assistance from the City by way of City staff, and little advertising help thru the city channel and P ican Brief. ~~ V Natural City of ; Board Z`~ cm of j, --fOME a¢ VPELiCAN ISZAl`dT3 1225 Main Street, Sebastian, F1 3Z958 Telephone (772)589-5330 - Fax (772)589-5570 CITY Of SEBASTIAN PARK USE PERMIT APPLICATION Please check theappro!priate Box: i I 1?nrkEvent-50 to 300 Attendees 550.00 Appticarion/Perrrilt ~'ee ar Spedal Evept - 301 or More Attentfeee S1UO.D0 Application T?ee I ~!~ Jl Name ofi Pe~mitte,p:_tr~N : / hf~/ I~rNi!~+_ (l~.~ut~l~ Iy~~ ~•,2°~A4fG~ Permits Hay Only be 155~ueU n Ch - e amt of an Adult or legail organized organization IT Address: ' U G1. SC Maili Add ' ~ I ng ress: _ 14d'1l° Teiephone:__~"1~7 ~ ~~_ ~~~ I i Name of Organization d r Group: ~~~t~r^1Q•L f~Loyj~~r+l,~- Old,re~ Reason for Use:: Requested Date(s)_ ; ~../~_dC) i Rain Date: ~ +-~..~ ~q ~ ~ Time 'of Use: From: To: .3~~_ SEA t~0 S7~i¢v*~j~ .fit ,,~+ 71?!~ W11t there be any sal of goods? Yes ~ No ~ If yes, please ~escrit 5e type of goods on back. I Food or other t pes o vendors? Yes ~ No ~ If yes, please lst n ~ me, address and type of vendors and schematic of ?ny structures to b erec ~ed or otherwise assembled on ba - ~ ck.• I. ~1~11L ~ `-~'w~ the undersigned acknowledge that I am th applicant or the auth , e orized agent of the applicant. I further acknowledge that I am aware of th ~ ~ provisions of the City of Sebastian Codes in respect to this apptica ion a d the use of ehe City Facilities -For which I have applied for a permit o allow a Park Event or a Special Event. I have made rnysetf familiar with he general rules and regulations prescribed by the City and agree to th term ,, of the permit. j I A pt ant/Agent re Of face Use Onty~ I - Permit Fee Poid ~ Dae ---...- -~-T------ i Imuals --.------------- ----- -------------- --- _ . ~.. 3U I' Park Application Continued - if Required ~ ~ ~.__ __ ~iv:~.,~te1/ ,~: X11=~ ~~ -__ ---- 1 1~.'S-b) oL Ii sho-.V off' I o~ h br,~Q i C~-: ~~~ ~ L ; ~. ~_ _ - ~~ ~?ou ~~ -~- ~~~~- "' i -;. I r, ~~ ~ ~ Q ~ ~. ~ ~~- -~_~/`' • i I ~ a~~~ ~R~~~ ,~ ;; - t-_1 '~ hl~s ~~ ;~ r'~ \, / ~w ~~~ i ~r f~ ~v1 ! ~~jG I F i 1 Q ~~ \ ~ ~~5 7 9 D :~. ~~~~ ~t 3 ~-~ L~ ~~ /~ ~ (V10NC~; I'+QFNfi' ~_ ~~~~~ -f'~h ~rN,~cr. -~y~k5 ~f ~',~~, ,, j. o ~~ 1 I ~~ ~~ ~ ~~; ~3 Earth Da A I ril 18 2 v, v 009 es: I 1. IRC W Hand Treatment Facility tz~iay~'EiYe- 3. Indian Diver Habitat for Humanity 4. Halo 5. Charlen Brennan -Show Birds '~ 6. Friends f the St. Sebastian River - 7. Kayaks tc. 8. Jackie he Clown 9. Eddie C isle - Me'tis Nation 10. Spiritua Path Foundation ' 11. Tanya oldsmith -Indian River Master Gardeners 12. Chuck- ayita Gomez Natural Produce 13. Rich Co tanzo Jr. - Feebe /Bird 14. Heather tapleton - ELC 15. K.LR.B. 16. Gloria L Richmond -Nature Oil Paintings 17. Florida ivision of Forestry `~ 18. Home D pot 19. Vatland ontiac: -Hybrid cars 20. S.P.O.A. 21. I.R.C. St rm Water Division 22. Sebasti Natural Resources Board i 23. N.R.B. ine Cones 24. ????? El ctronic Recycle Trailer 25. MO BA Grill ???? 26. ICE C AM Vendor ???? Others as they in from Nancy Wood and IRC-Greer~Team ~3 34 ray ~ i1 . ~- ~~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Sebastian Rotary Club Agenda No. ~~, ~ ~~CG 2009 Home and Garden Show Department Origin: (~=~ `'~L Approved f r Submittal by: City Manager Finance Director: City Attorney: City Clerk: 1 r nner Date Submitted: February 4, 2009 For Agenda of: February 11, 2009 Exhibits: Park Use Application, Vendor Application, Diagram and Letter from Incoming President of Rotary Club. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Sebastian Rotary Club is seeking Council approval for their 2009 Home and Garden Show Event. The event is scheduled for March 28 & 29, 2009 at Riverview Park from 9AM to SPM. Set up will begin at 6AM both days. The attached letter outlines activities associated with the Home and Garden Show Event. The Rotary Club is requesting the City provide the mobile stage, bleachers, trash receptacles and trash bags. City staff will set up and take down mobile stage and assist with the trash removal. RECOMMENDED ACTION Move to approve the Sebastian Rotary Club 2009 Home and Garden Event at Riverview Park on March 28 & 29, 2009 from 9AM to SPM. 35 3~ cm or _ - BIOME QF PELICAN ISl_A[~ ~2z5 Plain Street, Sebastian, Ft 32958 Telephone (770 589-5330 - Fax (772)589-5574 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Park Event - 50 to 300 Attendees $50.00 ApplicationlPermit 1E'ee Please check the appropriate Box: t 1 r Date : ' J~~~'~'f ~~' ~ ~ ~ ~~ ,~ or y j` I Special EveAt - 301 or More Attendees $100.00 Application k'ee Name of Permittee: °y ,~%/~ .~ t%~-')a~~ ~.~/~,~j ~ %r/~~ti gally Organi ed Organiz on Permits May Only be lssueu in [ e Name of an Adult or le at i Address : ~ ._ ~, ~ Ga ~, /~~ ~ ~ / ' ~ 7 /~ / 7 r~~ ~%~C~ L/~!'~ ~''` c C" ~' ,~~~/ ~' 7 Mailing Address: ~~~° _~~'~ ~~ /~~~ j~.~~~T/~N ~~- ~~~~~ Telephone: ,,7~:~ ' `~~3_"l~~ ~ . °~ Name of Organizati on or Group: ~ ~ s r~ /~-C.~ 1?l'~ ~ rd' Reason for Use : ~_ /vNIF ~ ~~~ 7~~~ J.~~~ Requested Date(s) /`~~~~~~~ , ~d .~~ t~ Rain Date: Time of Use: From: ~i~L?CfAi'°! To: ~"-~p~r.7i1. ~- Wilt there be any sale of goods? Yes `f No - If yes, please describe type of goods on b/a~ck. Food or other types of vendors? Yes 7.' J No If yes please list naive, address and type of vendors and schematic of any structures to be ected or otherwise assembled on back.: •. I, ~S ~C~lZ~s®/!-/ the undersigned, acknowledge that I am the app leant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities fior which I have applied for a permit to allow a Park Event or a Special Event. have made myself familiar with the general rules and regulations prescr e by the City and agree to the terms of the permit. //~') AppLi ant/Agent Si gnat re Office Use Only; Permit Pee Poid ----- - ------- ----- D~te Inmals _ ___ J~ Park Application Continued - If Required List any vendor information and/or schematics on this oaEe NAME ADDRESS TYPE /'ur ~ l~/~~i ~ Schematic: UI-I-1C.r USt UNLY: 5 ec~al Conditions of Permit as Requested b City Manager C~ !~ ~~ ~ ;~ ' 'wJ 1V ~, .~ %i "„°~~. i,~ . ~ _ ._„r._~_v.,. o A.. -: ... i6 '~ , C.n ~ L~•. ~ ~ ~ ~ ~~ I I ~ ~ .... _ ~ ~~\ .~ ~j ~ E f ~~ a °~'~ ~'T "V ~* YY ' y°~ ~_'-'r ~ j ,...~ ri i~l ? ~' is --. - ~b , 6$ O6l~ 1--~ :n ~ . gg ~ ~$ ~8 X43 cr c~~ / ,~ r~ y, f~ J ~ - v 1 ~ , srNC~i C6] H.~ ~_ ) rn el `~ ~ Q .Q I-+y ~ ~ Lrorr~ ~ 1'.~.VILf~N ~~ v ~ c~ -J w w o ~•~, vr3 ca ~ -~ ~ '-" .-ti ~ ~ i 'V c} tai '-' ~ ~ W ~n o~ al ~~ ~ r,e V:~ (Vic'% l!~ i .-~+ J r~ W i-' ~ '- ,y~ `,`~ ~~~ w a, ;c7' w 1~=~`y3~ ~ S3 s~ 6I 5Q 59 58 5'1 5~ 5~' 8 ~- 1 f tiw ~~} f Z ZZ SZ 97. L"L $Z 6Z 0~ ~4. ~ i 1, rn ~•j c- ,~, ,., m ~ ~ ~~ GAS c d /r/a` C>> 7 i ~ ~ /~i~~ ~. ~ L /~` Tr7~ /7f~~? c ~,2 L~ ~fj/z C,~r°~'~c~?cJ j f c- r' ~~',~Nt~~C ~' ~t Cc~ 2~ ~ ~ "~~ C-~iC,/G'J°'~ i ~ ~~/~/~ ~.v~ ;S'G?'A/~~ 1~~~G~ ilJ~ll~~5 `' / ~ ~~~~ / ("`~''~~ ~~/`" // fJ,rJc'c 5 ~ ~~L ~ / 2LJi~1 ~ ,j , ~ !Z/C_~1~~~/ s'~~' C~'~//y ~~~~~ .~--: ..s ~ !./chi 1 3 Pit~~ c~~ jfil< Sc /',~,~'7-if~,r~ ~~4 ~ r?,2~~ C.?/~,~s ~flr.t/ f /or..i.7 ~~ ,S,r~';~ .- .5c~/~r~ C.>f" ~iflc f''i.5i .ffgl y ~ L~'i u°/~~ /,~~ .1.~~ ~~~J / ~/~ S- n -- ''// .~/,~ . /~ ~" // ~~ °~~~ - J ~ ~ ~ n~ ~irf~7/;v~ a ~ c~ s ~f j A~^// ,~'~7 J Q1 'j~'~J ~ %~ // 3rd Annual Sebastian Rot ary Club ~~:, ,_, ~,, ,. , ~~ ~ F ~1- , Home & Gaxden Show Sat. & Sun. March 28`x' & 29`~ 2009 gam - 5pm Q Riverview Park Sebastian Past Benefactors: Boys & Girls Club, Sebastian High School Interact Club and Scholarships PARTICIPANT SCHED~TLES bent Sponsor - $550 • 10' x 10' Booth ' • Your provided banners displayed throughout the Park • Listed in all advertising 1~ent Vendor - $150 • 10' x 10' Booth • Listed in Brochure published locally prior to event Event Food Vendor - $300 • 10' x 10' Booth with electric • Listed in Brochure published locally prior to event REGISTER AND PAY By MARCH 9~ AND SAVE $50 * Set up will be on Friday, March 27`~ from 5pm to 8pm * Some locations have electrical service - $20 to reserve * Live M/C, Entertainment and Prize Drawings throughout event * Scheduled Demonstrations throughout event -call if interested * For more information call Chris Pinson - 772-473-1337 Company Name: Type of Business: Contact: Phone: E-mail: Fax: ^ Event Sponsor ^ Event Vendor ^ Food Vendor Make Checks payable to: Rotary Club of Sebastian PO Box 781783 Sebastian, FL 32978-1783 ~1 r}Z rnx w HOME OF PELICAN ISINJD Subject: Vacant Regular Member Position Agenda No: ~~. f)C7 and Vacant Alternate Member Position on the ~ ~ ~'` ' Parks & Recreation Advisory Committee s Office ,@ Department Origin: City Clerk ~ Approved for Submittal by: City Clerk: / City Attorney: jam' 9 Date Submitte :1/27/0 For Agenda of: 2/11/09 City Manager Exhibits: code, applications, ad, list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT There is one regular member position and one alternate member position open for consideration. Current Alternate Member, Matthew Sims, would like to be considered for the regular member position. RECOMMENDED ACTION 1) Interview unless waived, and appoint one applicant to the regular member position which will expire 5/31/2009. In the past when there was little time left in an unexpired position such as this, City Council added an additional three years to the term-in this case the new expiration date would be 5/31/2012 at Council's discretion. If Council decides to move Mr. Sims to the regular member position, Council has two options: -appoint the other applicant to Sims vacated alternate position which expires 5/31/2011 or ---the unexpired vacant alternate position which expires 5/31/09. Staff recommends appointing to the 2011 position. We will advertise for the remaining alternate position. ~~ 0 Sec.2-211. Establishment. The city council hereby establishes a parks and recreation advisory committee. The purpose of the committee shall be to study and provide recommendations to city council: • As to the development of the park system; and • As to the provision of active recreation programs and facilities. Membership on the committee shall be through appointment by city council. Sec. 2-212. Panel composition. The committee shall be composed of five residents and two alternates appointed at-large. Sec.2-213. Terms. There shall be a continuity of terms for the membership from the original establishment of the committee, with terms hereinafter governed by the general provisions of this article. Sec.2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an alternate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to F.S. ch. 112, relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each board or committee shall be residents of the city, however it shall be required that any member of the planning and zoning commission have been a resident of the city for a minimum period of one year. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. µ5 cnr ~~ SEA HOME OF PELICAN 15LAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE '~ ~~ ,.~ ~:2~~ a i(~ ~~. _ ..( _€T'?~_k'r5 ill mac.; ~e~a@il ~$ O~ ti!~1~ 1..4t`~` ~i Lam. J:a ~c~I~.i NAME: ~ ~- '~ ~' !'~ HOME ADDRESS: ~`~ ~ ~ ~~ ~~~ ~ ~~~ ~ HOME PHONE: ~ _ ~ ;j~~~(~~,r~ HOME FAX: E-MAIL: BUSINESS: N ~"` ~~~ 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? 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) 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 t}1 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) t ~. TI ~~ ~ {-~ t, ~ ~ t J l.~ ~~,~1 t, . HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~_ LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: ~.. Si/QV~:i~ ~1S A r~ A1~ ~-t~~vr~+~ Fc~ TN ~ TR.Err ~. L An;~Se 9 PG ~ i~V' i ~ c ~L y C~r~,v\ 11~~~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? I11 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? h t WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? `C~~c~ Nd" Iv~1A-~ 1?~~~.KIr~G ~~ .~I.;Di ~i~~Q ~AK,D `t ~E;F~~ ~l~`ilt fHil/ P~(tKS Y~Ga1.~,l.~;rerJ (4rnrv-fT`T~~, 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. ~~A,~~ 1 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 c(o~(mjmi~tte{e~-is a~va-ilable if requested. 1 `l ~,CJI.X.V~V~,~~,~'~'~'f,.Q Applicant Signature Subscribed and sworn to before me this C~day _ ` ~ ~ ' tx-, ~-c~'-~ , by 11 ~ C~`~ ~~ ~L: ~ ~ v,~, 5 who is personal)y '"known to mew, or has produced as identification. ~'--__._., ,~,~ ~ ~,, <~"~Y P~a~, Veronica ate ~ i ~- ~= -.,~.~~._ ~, Commission # DD445249 Nota Public, State of ecida ,fi ~ ~~, y , ry =;~~°c~ Expires Jul 15 2009 ~~eti~~ AandeO Troy Fom•mauranca, me 600.385.7019 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\appi icat.wpd rev. 7/2007 ~{8 Matthew Sims ~- 1741 Barber Street -_ Sebastian, Florida 32958 772-538-4369 _: {_ c Objective Commitment to Excellent ,..-' r~,. ~: Experience 2006-2008 MA Ford Vero Beach, FL Machinist ^ Inspect tools for shipment to customer • Dictate information from blueprint of Carbide Drill Bits ^ Set up and Maintained Operations of P4 Roilomatic 2004-2006 One Stop Cellular Vero Beach, FL Business Owner ^ Day to Day Operations ^ Open and Closing of business daily ^ Ordered/Stocked Inventory for resale 2004-1991 I. R. County Rec. Dept. Vero Beach, FL Recreation Leader ^ Organized and Supervised various Recreation Adult/Youth Programs ^ Prepared Time Sheets and generated a Yearly work Budget ^ ResolvedlTroubleshoot various Customer Related situations 1983-1993 U.S. Army Army Past Office, NY Tactical Wire Operator Specialist ^ Communication service provider for company level maneuvers. ^ Maintained communication equipment during tour of service ^ Supervised a squad of ten soldiers, while severing in Germany. Education 1980-1983 Vero Beach Sr. High School Vero Beach, FL Currently Attending t. R. Community College Ft. Pierce, FL Interests Deacon, Church of God in Christ; Florida High School Game Official; Kiwanis Club Member; Mentar, Gifford Youth Activity Center; President, Frederick Douglass Republican Club of Indian River County; Secretary, Four Chaplin Monument Committee, Refereeing High School Basketball, Football, Softball, and Volleyball. Tips Having sharp Customer Relation Skills has played a major role, during my working years. The customer is always right and we are there to provide them with the best `service' possible! µ9 50 arvor HOMBOF`PELIGAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (,All City Baard and Cal~mittee Members Must be Residents of the City of Sebastian) NAME: _ J ~1~-~ J'1 i~- ,~~?~ N~ HOME ADDRESS: ~=~ t~, E ~~ > r, l_.~l~l'~ ~L~ SE ~.~-~ ~ ~ ~ .:~. ~ ~, C= L ~ ? ~, ~;., HOME PHONE: r 7 ?- S•~ ~-~ ti % S HOME FAX: E-MAIL: ,ac~:,~.~,~. " rn' BUSINESS: `:3 ~ I-~~ ~~. ~~~ I~C~~ ~I~i. ,t r~:~'~~ ~~ ~~;,~r~- ~~ r~~''~'r~ 5r^,~,.~r,r~. BUSINESS ADDRESS: ~_-~, ~_; ~: i .:~ ; r~ «- ('.~v e , r ~'. E 'r'r,a~C~, t"-L 3~ ~jt j' ~.a,~rWs ~ :~ BUSINESS PHONE: ~~~-~-E~--~~ '`~~BUSINESS FAX: E-MAIL: 5~~4~, E~~, ."; ;n ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ;J ~_S HOW LONG? ' `. j' ~-y DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? T~~' DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? N ~.- WHICH BOARDS/COMMITTEES? lvj/~ 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 20111 CITiZElV5 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) 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 r~; r _.a I°-i i E ` 5~ APPLICABLE EDUCATION AND//OR EXPERIENCE: (a brieff resume is required) //~~~ f~f t{~6:t,Y.~ .,L,?Y/,-~79J r,~r.~ T-~'~iY,'~/ J ~r,~ c~~lrr..y/,~ ~ l ~tv-c ~, ,~ 5. ; ~~ ~m~Jyt~- Sl errs, /yC/; Q~ Nrr~ ~~~~ ~~~r~J. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? .~ he/,'r~.r- r~cu~` ~~ ~~n~~-r ~ 01~1.'_:..~/ cz;:~c~ ~,~~rsi~::~ ~-<,~;~~ b.~, s ~..~ ur1 ~,..~-r , ..~~~~ ~i~ 1 ~ ~n v sser r~ ~h:s ~-~z~f~~,~rr~~ LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: ~ a.r fie. F:,.n~,~~,~c ~F :~ ~>-'rl~,lt ~., \~ ;.:.1~,_~ ~,, CI-e. P~~ks ~ ~- ~,IS -, ~t 3 ~c -t'.i-z, ~~?-I~~s- Z ;.,,:~~i~, brie ~ r~~..,~ ~eYSp~c.~~~. L,-~ c..~rrLn~ ~~t.~ ~Y~{~ ~:~,~~ ~r~ ~, r~ *~ ~,~~ ~ i5 j c~ r; ~: t. ~~ th.:c ~ ~4~~i ~a~. h~i~ ,~,. r~ r~~rt~s, HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ti ~! HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? Tv- WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~! I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. .~ -~~7~ /applicant Signature Subscribed and sworn to before me this ~ day of ~~e-e-w~a ~..,~-, ~'7l~ ~ by ~~°,{r3YV`-e_ ~ ~"~^ ~ who is personally known t~ mP ~r has produced ~} as identification. c;~ p-~- Notary Public, State of Flo ' a Please return to Office of the City Clerk, 1225 Main Street, \wp-form\applicat.wpd rev. 7/2007 ,,.,~;x~u~~ Linda D. Camplin sebastia'* `' C°mmisst°n # DD527901 ~•,,~.~•, E~~~~3(~ 2010 jp~~gonlW frsp awn Inwrwisa, Mw tooaebtat• 52 CITY OF 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 7/1/2010 Parks & Recreation Advisory Committee Regular Member -Term to Expire 5/31/2009 Alternate Member -Term to Expire 5/31/2009 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. IF COUNCIL FILLS A REG ULAR MEMBER POSITION WITH AN ALTERNATE MEMBER, COUNCIL RESERVES THE RIGHT TO FILL THE ALTERNATE POSITION WITH REMAINING APPLICANTS. 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. PARKS & RECREATION ADVISORY COMMITTEE Ordinance No. 0-07-07 3-YEAR TERMS MEMBER NAME AND TERMS ADDRESS Jennifer Brown Term to expire 5/31/2011 123 Harris Drive Sebastian, FL 32958 589-1696 Vacant Term to expire 5/31/2009 George Seaman Term to expire 5/31/2011 736 Wimbrow Drive Appointed 8/27/08 Sebastian, FL 32958 388-2249 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 Matthew Sims -Alt Member Term to expire 5/31/2011 1741 Barber Street Sebastian, FL 32958 538-4369 Vacant -Alternate Member Term to expire 5/31/2009 BOARD SECRETARY, LINDA KINCHEN 75 54 cm ~~ .ya1~ "~,-r/ ~. HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Resolution R-09-09 Agenda No. ~~' . C~ ~ 7 Modifying the Conditions of a Special Use erm' for a Car Wash Department Origin: GMD Ap ov f r Submittal by: City • Attorney: ---, City " n r, City Manager Clerk: Date Submitted: 213109 For agenda of: 2111/09 Exhibits: Resolution R-09-09; Application; Site Plan Revision dated 12115/08; Resolution R-00-56; P & Z minutes of 1/15/09 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A The owner of the carwash located at 921 Sebastian Boulevard, Joseph Koruo, has requested permission to remove the top four (4) feet of the masonry wall from the front (north side) of his property, resulting in a wall height of two (2) feet. Background: At the time the site plan was being reviewed for initial approval in 2000, a carwash was not a permitted use within the Commercial 512 district and was approved by Resolution R-00-05 which granted a special use permit for the carwash. Resolution R-00-56 outlined eight (8) additional conditions placed by City Council as part of the approval. These conditions included the placement of a six (6) foot high masonry wall to the front (north) property line. Both the resolution and the site plan must be amended if permission is to be granted for removing part of the wall. As required by code, the Planning and Zoning Commission considered the request and made a recommendation to City Council regarding the special use permit. The applicant's initial request was to remove (2) feet of the six-foot masonry wall along the front (north side) of his property. That request was presented to the Planning and Zoning Commission on May 3, 2007. The Commission made a recommendation to City Council to allow removal of two (2) feet of the wall, conditioned upon addressing a number of outstanding site issues :related to maintenance. After the Planning and Zoning Commission :meeting, Mr. Koruo stated that he was not satisfied with only a 2-foot reduction in the wall and wanted to remove more of the wall. Therefore, his plan (asking fora 2-foot reduction) and the P & Z recommendation was not forwarded to City Council for further action. Staff advised Mr. Koruo to revise and resubmit a plan that reflected his wishes. Mr. Koruo has now submitted a site plan calling for the removal of four (4) feet of the six-foot wall along the front (north side) of his property. Since that application, the City has modified their code requirements for specific design criteria and car washes remain approvable only by special use permit. Section 54-4-21.3(b)(2) of the LDC requires uses with vehicle and service bays that are oriented perpendicular to CR 512 to provide a Type "B" buffer with a 4- foot high opaque feature along the site's CR 512 frontage. The Type "B" buffer is a semi-opaque screen intended to partially block visual contact between uses. Large trees are to be utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. After the removal of the top 4 feet, the remaining wall will be 2 feet in height. With a reduction in the wall, the site would not be in compliance with the code. Additional landscaping could be added to provide the 4-foot opaque feature, but this is not acceptable to the applicant who is trying to create more visibility for his property. As a solution, the Planning and Zoning Commission granted a waiver from Section 54-4-21.3(b)(2) regarding the 4-foot high opaque feature. Therefore, City Council may approve the 4-foot reduction in the wall (resulting in a two foot high knee wall), without creating a conflict with the Land Development Code. It is important to note that the stormwater detention is connected to the wall. In order to remove the wall completely, the stormwater system would have to be re- designed completely. The applicant has indicated that is cost prohibitive. The Planning and Zoning Commission discussed at great length a number of site plan deficiencies resulting from a perceived lack of maintenance. Staff has formulated these into the following items: a) Dead or missing vegetation. The owner is required to replace all dead and missing vegetation on the site, in accordance with the original approved landscape plan. Some modification of the species of trees and plants will be permitted, as identified on the proposed landscape plan. However, the existing oleanders cannot be accepted as a replacement for the wax myrtles. Although the oleanders may remain, the wax myrtles must be added or an acceptable substitute provided. Additionally, a hedge was to be provided on south side. of the southern eight-foot wooden privacy fence. The hedge has been planted, but has not been maintained. Some plants are missing or in poor condition. b) Overgrown stormwater tract. The stormwater tract needs to be cleaned and maintained on a regular basis. ~w c) Wooden fence needs repair. The southern fence has broken and rotted boards. Some sections are missing entirely and should replace boards. d) Dumpster enclosure needs repair. The gate of the dumpster enclosure should be repaired to hang and operate properly. e) Monument sign is damaged. The panels were broken shortly after installation. Additionally, the applicant has not passed building department inspections and it recommended that the applicant address that also. Growth Management has not taken code enforcement action even though these items are code violations, in the hopes the owner would voluntarily remedy the items. However, the Council may choose to add these items as a conditional of approval. Planning and Zoning recommendation: The Planning and Zoning Commission held a public hearing on January 15, 2009, to consider the request. The Commission recommended the following items be remedied prior to the modification of the wall: • Reduction of the wall by 4 feet; • Reduction of the chain link fence on the remaining three sides of the retention area to be level with the remaining front wall; • Replacement of the dead or missing vegetation; • Stormwater tract to be cleaned and maintained; • Rear hedge to be provided; • Repairs to the wooden fence; • Repairs to the dumpster enclosure; and • Repairs to the monument sign. Further to that action, the Commission approved a waiver of Section 54-4- 21.3(b)(2) reducing the required 4-foot opaque feature along the CR 512 frontage to 2 feet. Minutes of the meeting are attached. It should be noted that there was one resident in attendance who requested that the wall not be modified and was in opposition to the reduction of wall height. Conclusion and StafF recommendation to City Council: Staff has prepared Resolution R-09-09 modifying the original conditions of the special use permit. Code enforcement issues are not included in the conditions of the special use permit, but may be handled separately unless the Council wishes to address these as part of the approval. Hold public hearing to consider the request for a modification of the original site plan and the conditions of the special use permit for the carwash located at 921 Sebastian Boulevard. Move to approve Resolution R-09-09. ~J ~~~~ ~=~T~AN City of Sebastian DEC 16 ?~p$ „~ANs,AN~ Develoament Order Ati~a#~:o~a~ ~g__ Permit Application No. A licant If not owner, written authorization notarized from owner Is~-re uired Name: ~Se~ti ~ J O ~ ~ ~ Address: (/~ `~ ~ ~~~ ~~ r ~ ~~cG~ ~~vE~a ~~~G~3296g Phone Number: ( ) - FAX Number: ( ) - / `L~ E-Mail: Owner If different from a licant Name: ~ e ~ n ~b Address: G .~- ~ C ~ ~ . ut/=d~- ~ !~ q' G F{ ,T ~ !~~ -~ ~ ~d~ ~~ G s ~ ~ Phone Number: ( ) - FAX Number: ( ) - E-Mail Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2~~ BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: Lot: Block: Unit: Subdivision: "~ h f a ~ ~~ - f r r l~ s t t Indian River County Parcel #: 3~ -~g_- - 3 d 6 a d 2 .- (g 6 D .- n~a t L ~n Zoning Classification: ~ ~ Future Land Use: ~ G -- R .h ~ Existing Use: Proposed Use: ~~ s~.~ e C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessa DATE RECEIVED: ~/ I ~l 0~ FEE PAID: $ ~~I ~l ~~ RECEIVED BY: `~ >q 11,'e7/2006 17:32 772778361.7 tv1BV ENGINEERING PHGE 03104 D. Pro'ect Personnel: A ent: N/A Name: Address: Phone Number: Fax Number: E-Mail: Attorne N!A Name: Address; Phone Number: Fax Number: E-Mail: En to®er: Aaron J_ Bowles, P, E. Name: MBV En ineerin ,Inc. Address: 2455 'I~th Avenue; Vern Brach, FL 32960 Phone Number: 772 569-0035 Fax Number: 772 778-3617 E-Mail: mbven mbven .com Surve or: David Jones, PSM Name: David Jones Surve in ,Inc, Address: 3899 39th S uare; Vero Beach, FL 32960 Phone Number: 772 567-9875 Fax Number: 772 567-9172 E-Mail: N/A ~DSC'~Y) KC~'UD , EEING FURST DUPLY SWORN. DEPOSE AND SAY TNAr• x i nan Tian nw~iGa I AM THE I.EGAI REPRESENTATIVE OF thlE OWNER OF THE PROPERTY DESCRIBED WWICH IS THE SUBJECT MATTER OF TMIS APPLICATION, AND THAT ALL TWE INFORMATION, MAPS, DATA, ANDIOR SKETCHES PROVIDED IN THIS APpI_ICATION ARE ACCURATE AND TRUE TO THE BEST OP MY KNOWLED E AND OEIIEF, Signature" Date S m bscribed before me by Who is personally kn~ov I me or produced ~O P.Oh >~~rr~a as I en I Ication, 15 ~ ~"~~ day of lj jp ~~ ~.,,, (~ ~ p , 200(a NOTARY'S SIGNATURE ELI YOUNES PRINTED NAME OF NOTARY ' ~c r.~ rm-r~raue~-ST"~OF~OwDA COMMISSIdN NO,IEXPIRATION COMMISSION#DD190374 ~~fi~U ~ ~CpIRES 05h1/200~ SEAL: ~^ -- eor+oEO~~-~'NOS Form CD~20p1 Pa e 2 of 3 Deveia meet A lication A roved; 08-27-97 Revision: File Name: DOA ~o ermit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S~ / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by -~ es~-6'~ = 1 ~ O U U who is ' I- produced ~ ~ ~ ~ ~ ~ ° 3 ~ ~ r as identification, this J ~ day of ~ ~ ~1 Q~~.~20 Notary's Signature `- '~-~=.~ Printed Name of Nota vS ~ L p ~.S-j~ ~ • ~ ~u ry ~~"~, SUSAN B., pFUSSO Commission No./Expiration 13 S ~~ / ~ ~ rnY coMM;ssw~' Hr°7635$ Seal: ,~~ c~plftEi: April 04, 2012 Ft. N,x=n' ~D~ua,r.: Assn. Co. 'toFr~ I-60tfl.NOTMY rnr'4 f++tr .Y•:r'b+q,°51'» ~,~ Supplemental Information Permit Application No. Site Plan Approval X 1. Site size in acres or square foot: 0.59 ACRES X 2. Area of impervious surface in square foot: 15,495 X 3. Area of pervious surface in square foot: 10,105 X 4. Attached the following: X a. Six copies site plan with lot configuration, finished ground floor elevations, contours designating number of dwelling units, and setbacks to scale indicating compliance regulations. (Two sets must be sealed.) - NIA b. A scaled drawings of the sides, front, and rear of the building or structure, generalized floor plan indicating uses and square footage of each proposed use within each building or structure, building exterior construction material and color, and building height. NIA c. A surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida. NIA d. Aland survey with complete legal description prepared and certified. by a regi surveyor. NIA e. A traffic impact analysis, if required. N/A f. An erosion/sedimentation control plan. X g. A copy of the landscape plan to meet the requirements of Article XIII, Landsca Regulations, and Article XIV, Tree Protection, of the Land Development Code. X h. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. Form CD-2019 Page 1 of 2 Site Plan Approved: 08-27-97 Revision: File Name: Sisitepl . Co ~ X i. A list of the names and addresses of all owners of parcels of real property within hundred (300) feet of the parcel to be considered. X 5. The following information is required on all site plans: X a. Location of the site plan and describe the character of all outside facilities for waste disposal, storage areas, or display. X b. Locate on the site plari and show the dimensions of all curb cuts and driveways, including the nummer of spaced with their location and dimension, details of off-street parking and loading areas, all off-street vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establishment. Any combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners. X c. Locate on the site plan all pedestrian walks, and height or orientation of all signs. X d. Locate on the site plan. and describe the character. of landscaped areas and/or recreation areas. X e. Locate on the site plan and describe the design and character of all public, semi-public, private utilities. such as water and wastewater disposal facilities, underground or overhe electric lines, gas transmission lines, or other similar facilities or services. X f. Locate on the site plan and describe the height and gernal character of perimeter ornamental walls, fences, landscaping, including berms and other required screen devised, and any other plans for protecting adjacent property owners. X g. Locate on the site plan existing easements and rights-of-way. Form CD-2019 Page 1 of t Site Plan Approved: 08-27-97 Revision: File Name: Sisitepl G~3 ~4 RESOLUTION NO. R-09-09 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING MODIFICATIONS TO THE CONDITIONS OF A SPECIAL USE PERMIT FOR A CAR WASH LOCATED AT 921 SEBASTIAN BOULEVARD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WI~REAS, Resolution No. R-00-56 was adopted on October 25, 2000, approving a special use permit for operation of a car wash located at 921 Sebastian Boulevard; and WHEREAS, Resolution No. R-00-56 established eight (8) special conditions of approval for the operation of the car wash; and WHEREAS, the owner, wishes to modify the special use permit resolution and is requesting removal of four (4) feet of the six-foot front screening wall to enhance site visibility; and WHEREAS, the Planning and Zoning Commission held a public hearing on January 15, 2009, to consider the request and recommended approval, with conditions; WHEREAS, this resolution shall supersede Resolution R-00-56; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SPECL~I, USE PERMIT APPROVAL. The City Council of the City of Sebastian does hereby approve a modified special use permit for operation of a car wash at 921 Sebastian Boulevard in accordance with the plans and application maintained on file with the City Growth Management Department, subject to the following special conditions: 1. Owner shall install a stop sign at exit along C.R. 512 in accordance with the Manuel of Uniform Traffic Control Devices (MUTCD); l~5 2. An eight-foot wooden fence shall be installed and maintained along the rear of the property; 3. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.; 4. The screening wall along the front of the property shall be modified by removing four (4) feet, as shown on the CR 512 Wall Removal Plan, Sheet C1 of 1 by MBV Engineering, Inc., revision date 12/15/08. Remaining wall shall be two (2) feet in height. The chainlink fence along the remaining three sides of the retention pond shall be removed and replaced with decorative fencing. 5. The building shall have a tin roof, with design coins on the corners of the building as shown on the rendering presented at the October 25, 2000, City Council meeting; 6. Landscaping shall be installed on the south side of the eight-foot wooden fence located on the rear of the property, as shown on the site plan identified as CR 512 Wall Removal Plan, Sheet C1 of 1 by MBV Engineering, Inc., revision date 12/15/08; 7. Landscaping for the entire site shall be in accordance with the CR 512 Wall Removal Plan, Sheet Cl of 1 by MBV Engineering, Inc., revision date 12/15/08. 8. Conditions 1, 2, 3, 5, 6, and 7 shall be completed prior to the issuance of building permits for Condition 4. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. ~~ The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Andrea Coy Councilmember Jim Hill Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 1 lth day of February, 2009. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC Mayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney ~~ ~~ RESOLUTION NO. R-00-56 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Ken Chestnut has filed an application for approval of a special use permit to operate a commercial carwash in the C-512 zoning district; and WHEREAS, staff finds the requested permit to be in compliance with the Comprehensive Plan and LDC of the City and said special use permit was recommended for approval by the Planning and Zoning Commission on August 3, 2000, subject to three special conditions; and WHEREAS, said special use permit was rejected by a 4-1 vote of the City Council on September 13, 2000, but a subsequent Motion for Reconsideration of this matter passed by a 5-0 vote on September 27, 2000; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SPECIAL USE PERMIT APPROVAL. The City Council of the City of Sebastian does hereby approve a special use permit for operation of the Chestnut 512 Carwash in accordance with the plans and application maintained on fife with the City Crrowth Management Department, subject to the following special conditions: 1. A stop sign shall be installed at the egress on the south side of the sidewalk along C.R. 512; /q 2. An eight foot wooden fence shall be installed on the rear of the property rather than the six foot wall shown on the plans; 3. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.; 4. A stop sign shall be installed at the egress on the north side of the sidewalk before entering C.R. S 12; 5. A screening wall shall be constructed across the front of the property as shown on the Site Plan revised on October 3, 2000; 6. The building shall have a tin roof, with design coins on the corners of the buildings as shown on the rendering presented at the October 25, 2000, City Council meeting; 7. Landscaping shall be installed on the south side of the eight foot wooden fence located on the rear of the property as shown on the Site Plan revised on October 3, 2000; and 8. In addition to the required landscaping, nine (9) additional trees shall be planted as shown on the Site Plan revised on October 3, 2000. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith, are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember ~`~ The motion was seconded by Councilmember and, upon being put into a vote; the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barcryk Councilmember James Hill Councilmember Edward J. Majcher, Jr The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of October, 2000. ATTEST: ~L ~~ Sally A. aio, CMC City Clerk CITY OF SEBASTIAN, FLORIDA By: W o,~ f~g,.~ Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: ~~ ~ Rich Stringer, City Attor ey ~~ 7~ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 15, 2009 Chmn. Paul called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Paul Mr. Simmons Mr. Dodd Mr. Hepler Mr. Neuberger Mr. Srinivasan Mr. Cardinale EXCUSED: Mr. Buchanan Mr. Blais ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, Interim City Attorney _ Dorri Bosworth, Zoning Technician ANNOUNCEMENTS: Chmn. Paul announced that Mr. Buchanan and Mr. Blais are excused and Mr. Neuberger and Mr. Hepler will be voting. APPROVAL OF MINUTES: Regular Meeting of 12/04/08 MOTION by Simmons/Cardinale to approve the P&Z meeting minutes of 12/04/08. Motion was approved unanimously on roll call. OLD BUSINESS: NONE NEW BUSINESS: A. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - MODIFICATION TO A SPECIAL USE PERMIT & SITE PLAN - C-512 CAR WASH - 921 SEBASTIAN BOULEVARD -REMOVAL OF FOUR FEET (4') OF THE WALL WITH THE REMAINING WALL TO BE TWO FEET (2') IN HEIGHT B. PUBLIC. HEARING -WAIVER OF SECTION 54-4-21.3(b)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE - TO ALLOW ATWO-FOOT (2') HIGH OPAQUE FEATURE FOR USE WITH VEHICLE AND SERVICE BAYS IN THE CR-512 OVERLAY DISTRICT On the recommendation of Mr. Ginsburg, Chmn. Paul read both items A and B in order to conduct the hearings simultaneously and opened the hearings. He asked for the applicant to come forward and make his presentation. CJ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 15, 2009 ~~ Mr. Joseph Koruo, owner of the 512 Car Wash facility, made his request to reduce the wall in the front of his property by four feet and leaving atwo-foot high wall. Ms. Grohall added that from the grade of the land it would be a two-foot wall but from the sidewalk, as the property is graded slightly higher, the wall would appear slightly higher. Mr. Simmons was concerned about the maintenance condition of the property and Mr. Srinivasan agreed and asked about the owner posting a for sale sign at the property. Mr. Koruo said when he purchased the business he took care of defective and deficient items and noted that he has had it for sale for two years and didn't think it would be selling any time soon. Mr. Koruo added that he wants the wall decreased in height for safety reasons. Mr. Cardinale noted for the record that after he spoke with Ms. King in Growth Management he visited the site and spoke with Mr. Koruo. Mr. Dodd asked for clarification regarding the review process and visible code violations on a property. Mr. Ginsburg explained that the Planning and Zoning commission has certain power to condition the relief being sought. Mr. Hepler also had concerns about the condition of the property and the retention area. The following from the public spoke: Arthur Harris lives diagonally across the street from the car wash. He explained that City Council approved the project with the wall so the car lights would not shine out and across onto properties. Chmn. Paul swore in everyone who spoke. He then closed the hearing. There was further discussion about fencing around the stormwater pond and the effect of lowering the wall on that pond with regards to the City's liability to accidents and lawsuits. Mr. Ginsburg said these are concerns but there is no way the city could immunize itself from potential lawsuits. He explained that the standard the Commission and the City Council would be held to is whether what you have done is reasonable in the circumstances. Mr. Simmons asked if the chain link fence should be level with the wall and Ms. Grohall said from an aesthetic point of view the top of both the wall and chain link fence should be level. MOTION by Paul/Neuberger to deny the approval of the modification to the special use permit and site plan for the Sebastian 512 Car Wash removal of four feet of wall with remaining two feet in height. ROLL CALL: Mr. Paul yes Mr. Simmons no Mr. Dodd no Mr. Cardinale no Mr. Hepler yes Mr. Neuberger yes Mr. Srinivasan no The vote was 4-3. Motion denied. MOTION by Srinivasan/Dodd to approve the modification of special use permit site plan for removing four feet of height from the wall conditioned upon also retrofitting the chain link fence and addressing the items staff has outlined in the report; item 2, replacement of dead or missing vegetation, item 5, stormwater tract to be cleaned and maintained, 2 ~Lr~p~lRvilhw rAii~.~iv wA+!i.0.vv vvlv~i,v~ivviviv MINUTES CF REGULAR MEETING OF JANUARY 15. 2009 item 6, hedge to be provided, item ?, reNair the wooden fence, item 8, to ; e air t"e dumpster enclosure and item 9, repair the monument sign. ROLL CALL: Mr. Neuberger yes Mr. Dodd yes Mr. Hepler yes Mr. Srinivasan yes Mr. Cardinale yes Mr_ .Simmons yes Mr. Paul nc~ The vote was 6-1. Motion passed. MOTION by Srinivasan/Dodd to approve a waiver of Section 54-4-21.3(b)(2) of the Sebastian Land Development Code to allow atwo-foot (2') high opaque feature for use with vehicle and service bays in the CR512 Overlay District. ROLL CALL: Mr. Neuberger no Mr. Hepler yes Mr. Cardinale yes Mr. Paul no The vote was 4-3. Motion passed. CHAIRMAN MATTERS: Mr. Dodd yes Mr. Srinivasan yes Mr. Simmons no Mr. Paul asked if there was anything in our code or ordinance regarding human signs. Ms. Grohall said there has been discussion regarding the sign ordinance. MEMBERS MATTERS: Churn. Paul opened the nominations for chairperson. Mr. Simmons nominated Mr. Paul to continue as chairman. As there were no other nominations Mr. Paul was appointed Chairman by acclamation. Mr. Simmons nominated Mr. Cardinale to continue as vice-chairman. As there were no other nominations Mr. Cardinale was appointed Vice-Chairman by acclamation. Mr. Hepler asked if it would be possible to have a monthly letter released posting all dates and times of meetings of all boards and commissions. Ms. Grohall said the city publishes a quarterly newsletter and due to production times it may not be feasible to put meeting dates in there. However, they are publicized on the calendar and can be found on the website, Comcast channel 25, the Press Journal and the public notice board in city hall. DIRECTOR MATTERS: Ms. Grohall congratulated Mr. Paul and Mr. Cardinale on their re-election as Chairman and Vice Chairman respectively. ATTORNEY MATTERS: NONE Churn. Paul adjourned the meeting at 8:23 p.m. (1/19/09 sbl) 3 CJ 7~ tntr ~ ~, ~ ~l ~- ~~~ --~ liOA/lE OF PEi.Ef;AN (SLPE[s1U AGENDA TRANSMITTAL Subject: Agenda No. (~~: ~;~,~ Cormier -Water Line Installation Lien Reduction Department Origi ~ Cit Man er Request City Attorney: City Clerk: '~~.- A ov f Submittal by: Date Submitted: 4 FEB 009 i e Cit Mana er ibits: Attachments EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 $0 SUMMARY Representing Guy Cormier, owning property at 908 US Highway 1, Steven Lulich has requested that the Council reconsider a request to reduce liens for a water line extension. Back at the time the City of Sebastian installed a water line in the US Highway 1 area, construction assessment fees in the amount of $3,800 were issued to all properties able to "tap" the line. When the water system was sold to the County, the City's lien remained on file. To date, all water main construction liens have been paid; some with penalties. In August 2006, the Cormier's approached Council with this request and on September 27, 2006, their request to drop approximately $11,000 in interest was denied. For you review is the "Cormier" file. RECOMMENDATION Seek direction from Council with regard to waiving the water line installation lien. 78'' CF1Y OF 3 ~i ~ _~_ ' `~~ H~TJ~E OF F'ELFCAN FSFI4ND AGENDA TRANSMITTAL Subject: Agenda No. ~ Cormier- Water Line Installation Lien Reduction Department Origi itizen Re uest Request City Attorney: ° 1 City Clerk: ~::," ~~~I~ ~~~ App ved S mittal by: Date Submitted: 20 SEP 06 i er City Manager Exhibits: See Attached Documentation. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A N/A SUMMARY At a previous Council Meeting, Mr. Guy Cormier requested that the Council consider a reduction in along-standing water line assessment lien. The Cormiers operate Sebastian Wicker and Patio at 908 US Highway 1. Some time ago this property had the availability to access water improvements made by the City. The County now operates the utility, however, the City remained liable for the debt, which was used to expand the system providing the Cormiers with the potential for water service. In short, the Cormiers need to work with the County to gain access to the water line, but two issues remain unresolved before the County will "tap" the main. First, the existing lien needs to be paid. Since the lien was not paid when originally assessed in 1994, debt accrued interests and default interest has added to the original assessment now making the full lien $11,369.09. Second, the County is requiring that the Cormiers execute a "temporary service agreement" whereby they stipulate with the County that they will bring the required service line to the water main. In discussion on this item, some consideration may be given to reducing the default interest of $4,813.14. However, at the time the water line was constructed approximately 200 properties were assessed and this is the only outstanding payment. In addition, other properties were assessed, received interest and default penalties and were required to pay. Further, the City made five good faith attempts to notify the Cormiers of the obligation by submitting certified letters to the party. The address was confirmed but was consistently returned to the City until contact was made with the Cormiers in April 2004. Since April 2004, when the Cormiers had knowledge of the assessment, the obligation remained unpaid. For your review is the (1) current lien bill; (2) plat of the property; (3) invoices letters submitted to the Cormiers by the City; and, (4) County letter returning the Cormiers deposit. ~~ so' ~ m U N N N ~ "a a ~, •~ E m ~ ~ U m O p ,NY Tp N ~ C ~ " ui Q N p•° o'= M ~ ~ U C ~ ~ L ~ a N ~ N ~" m U NO-p'C-•+L•' p _'p C = p N ,- a~ ro ~ .• O-y m ~ •- E N p C C p U O t..m N w .C N • Y Y ~ . ~~ ~ U C ~~ i N O U Vi=a r°nQ `o ^ ^ ^ N 17 C t0 L N } N O _ a ~ U ~ ~ ~ ^m E d ,~ $ y O w ¢ U ~~~ w ~~ ~, ~- a~ ~ ~ o ~.~~~ 4- N m ~ .~ 3 U U N N N '.. Z ~ y ^ ~ co ~ ~~ ~ .~ 'O \~ Q 7 ~ , 0 N O O ~I a_ `~ ~ 7 U m O `~ ,~ E o O N ~_ ~ `^~ i m \ `\ ~ m ~- ~ F: ~ T ? O ~ Z ro C7 U C O N a }:r' U Service ~~D MAIL RE ( ail Only; Nc m fl_I Postage $ S ~ Certified Fee -~ ~ Return Receipt Fee ~ i / ~y?'( ~ (Endorsement Required) ~ ~~ ~ ,~ • re ~ ~ Restricted Del(very Fee ' ~ C~a " I~ (Endorsement Required) ~C~ i 't~~ ~ Total Postage & Fees $ ~ ~ i ., ~ , f, ftil ` n~ --,. ~- ' _. • ~; --'- -" - ~ ~--~~~ ~ Street, pt. Mo • or PO Box o --- _... , ~~~~~~~~~~-'~""" O __ _ ._.____ _ _ _____.__ -~ ______~___~__.~___. - Regular City Councl Meeting August 23, 2006 Page Six Guy Cormier, local property owner, said he was here to correct or try to understand a water assessment done ten years ago, citing the assessment he owes to the City with penalties in the amount of approximately $11,000 from an original assessment of $3,800.00 ten years ago. He said the bills that were sent from Sebastian were sent to a prior address of his company, according to copies of letters from City staff today. The City Manager explained the issue for Council's benefit City Council said they would be willing to hear the issue when they have all the information to review. Mr. Cormier was advised the item will be on the September 13, 2006 meeting, and if he was unable to be here he should contact the City Manager. Mr. McCollum said he would like a letter of request from Mr. Cormier so we will know what he is asking. The City Manager said he would provide the letter he received today from Mr. Cormier. Regular City Council Meeting August 23, 2006 Page Eleven The City Attorney explained that other tardy property owners had to pay the fines because the City still had the loan but now has been satisfied and Council can proceed at their pleasure with Mr. Cormier. Regular City Council Meeting September 27, 2006 Page Four 06.149 B. Guy Cormier- Water Line Installation Lien Reduction Request (City Manager Transmittal & Miscellaneous) The City Manager said Mr. Cormier was not present and briefly updated Council on the issue whereby he was requesting a reduction of the lien interest. He said this is the last of 200 liens to be paid. He said this item was placed on this agenda based on the Cormier's request, and he will take action as Council sees fit. In response to Mayor Burkeen, the City Manager reported that no other liens were reduced. ~1 In response to Ms. Coy, the City Manager said the address was obtained from the Property Appraiser's Office. The City Attorney said the letters were returned because the Cormier's did not change their address. a Ms. Coy said it was her inclination to turn down the request to reduce the interest. Mr. Neglia read from correspondence sent to the Cormiers. The City Attorney said a mass mailing was done to delinquent payees at that time and all but this one paid up. Mr. Neglia then read from a letter from the County, which states that he does not have access to the waterline. The City Attorney explained the attempted installation of the meter and an existing easement to reach the meter. Mr. Paternoster said Mr. Cormier said he would be unable to be here for this meeting, noted there was no indication of registered mailings, and noted there are some circumstances that might be considered to give him a little bit of a break. On MOTION by Mr. McCollum, and SECOND by Ms. Coy, the Cormier request was denied on a roll call vote of 5-0. Jeanette Williams From: Alfred Minner Sent: Thursday, September 28, 2006 11:13 AM To: Jeanette Williams Cc: Jean Tarbell; Sally Maio; Shai Francis Subject: RE: I will. AI Minner City Manager City of Sebastian -----Original Message---- From: Jeanette Williams Sent: Thursday, September 28, 2006 10:11 AM To: Alfred Minner Cc: Jean Tarbell; Sally Maio; Shai Francis Subject: Hi AI, Would you please do letter to Guy Cornier letting him know Council's decision on his request? Jeanette Jeanette Williams, CMC Deputy City Clerk City of Sebastian ~3, an c~F E, ~~- -_ _ _ HOME OF PELICAN ISLAND September 29, 2006 Mr. & Mrs. Guy Cormier 5 Shelter Rock Road Danbury, CT 06810 Dear Mr. & Mrs. Cormier: At the Regular City Council Meeting held on Wednesday, September 27, 2006, members of Sebastian City Council denied your request to reduce the water line installation lien on your property located at 908 U.S. Highway #l, Sebastian, FL. If you should need any additional information, please feel free to contact me at 772-388- 8200. cc: Sally A. Maio, City Clerk Shai Francis, Finance Director a~ gyp, ;~ eQ~, - ------------- -- - -- -- _ __. - -- --- ~~_ __. ,. < ,.. ~~y ~ :. - - -- - __ - ._,, _. ------ - -- - - - -_-- - _. ~'iu 7 --- --- -- --- ~ _ - - F ~ - ___ __ __ - - - --- --_ _- - .. -- --- - ___ _ - -- ~~--- -- G - - - - __ _ z~z __. ~ l ___-- -__ _. - _ __ -- 'l~i'J - -- --- __ ~~ INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 1840 25th Street, Vero Beach, Florida 32960 March 23, 2006 Sebastian Wicker & Patio 908 US Highway I Sebastian, FL 32958 .. _.....- .. __ . Attn: Guy & Sara Cormier Dear Mr. & Mrs. Cormier: We are returning your check for $1855.00, for which you wanted to pay a water impact _-. . . . fee, meter.ir~Gr3ll~ati~:_t~~.~zi.r3..,r-n < n~t~ox~-;;,.:~,~.__---~-:..:a f . Technically speaking, water is unavailable at 908 US Highway I. A review of our history with you has revealed that we provided you with as builts, and marked the nearest location to which you could connect. Such a comiection would require you to obtain an easement, and run a line from your location; across several neig~lboring lots, to the side street where water is available. I know that you have spoken to a number of staff members over the years, with the same result. Unfortunately, your property does nos: have access to a water line. Should you be desirous of connecting to the water system, you will need an easement to the service location, and you will need to run your own line to that location. Sincere~,y ~' k.: ~~ ' Cindy ente ~ I o~ o~ Assistan hector of Utility Services CC\jhd - CC: .Erik Olson, Director of Utility Servic~_s Dan Chastain, Assessment Manager Art Reisfeld, Supervisor -Customer Service ~~ ~7~ ° s°~~ ~,.~ Shy CITY OF H®MdE ®F PEI.I~:AIoi ISI_Ail~1® 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 April 1, 2004 Gay A. & Sara A. Cormier 54S Ray St. Sebastian, FL 32958 RE: 1996 Waterline Special Assessment Parcel ID #: 06-31-39-00016-0000-00008.1 Dear Property Owner: In 1996 the City of Sebastian imposed a special assessment lien on your property for improvements to that property with the installation of waterlines. Our records indicate that you have not paid the annual installment on the assessment and are in default status. Default of the special assessments triggers an accelerated payment of the assessments. The entire balance is now due along with accrued interest and penalties. State law is very strict in regards to special assessments, and the City has no discretion to waive the interest, reinstate an annual payment plan, or to allow payment to remain in default. The Courts are authorized to force the City to foreclose upon property owners who do not pay special assessments. The default in payment on your property continued beyond a period of time-that the City can justify and action wi11_ have to be taken soon. The amount due as of March 15, 2004 per property is as follows: Parcel ID #: 06-31-39-00016-0000-00008.1 $ 9,162.27 Please be on notice that the City will initiate the foreclosure process on this property if the total amount due is not received by April 30, 2004. Once this action is initiated, you will also be liable for any litigation expenses incurred by the City and such amounts must also be paid in order to clear the lien. Foreclosure is not a course of action that any City wishes to take against its taxpayers, but for this very reason state law allows us no choice. I have enclosed the assessment invoice for the property and a copy of the original assessment notice dated January 26, 1996. Please pay this outstanding amount so we may all avoid such unpleasantness. If you have any questions concerning this letter, please give me a call at 772-388-8205. Respectfully, Shat Francis, CPA Director of Finance Cc: Rich Stringer, City Attorney "An Equal Opportunity Employer" Celebrating Our 75th Anniversary C~ City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 February 17, 2000 GAY A & SARA A CORNIER 5 SHELTER ROCK ROAD DANBURY, CT 06810-7058 RE: 1996 Waterline Special Assessment Parcel ID # 06-31-39-00016-0000-00008.1 Dear Property Owner: In 1996 the City of Sebastian imposed a special assessment lien on your property for improvements to that property with the installation of waterlines. Our records indicate that you were sent a Notice of Default on February 8, 1999 informing you that the failure to make the required annual payments towards the special assessment had, under state law, made the entire balance due and activated a penalty interest rate of an additional 1 % monthly on the unpaid principal-balance. Despite this Notice, payment has not been made on the balance due. State law is very strict in regards to special assessments, and the City has no discretion to waive the interest, reinstate an annual payment plan, or to allow payment to remain in default. The Courts are authorized to force the City to foreclose upon property owners who do not pay special assessments. The default in payment on your ro e continued beyond a period of time that the City can justify and action will have to be taken soon. p p ~ Please be on notice that the City will initiate the foreclosure process on any properties that remain in default after March 15, 2000. Once this action is initiated, you will also be liable for any litigation expenses incurred by the City and such amounts must also be paid in order to clear the lien. The amount due is as follows: Assessment amount $ 3 , 848.55 . Interest, including accrued interest $ 1, 039.82 1 % penalty per month to 3/15/00 $ 1, 848.58 Total amount due $ 6 , 736.95 . Foreclosure is not a course of action that any City wishes to take against its taxpayers, but for this very reason state law allows us no choice. Please pay this outstanding amount so we may all avoid such unpleasantness. Respectfully, ~~ ~ a~~ Mark C. Mason, CPA Director of Finance C~~ City of Sebastian 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (561 ~ 589-5330 ^ FAX (561 J 589-5570 February 8, 1999 CORMIER, GAY A & SARA A 5 SHELTER ROCK ROAD DANBURY, CT 06810 Re: Property with Tax ID # 06-31-39-00016-0000-00008.1 Dear Property Owner, The Riverfront Water Project Assessment against the above named property is in default. In accordance with F.S. 170.09, failure to pay the annual assessment installment will result in a default of the assessment requiring the balance of the assessment be paid in frill. In addiaion, a one percent (.l%) per month penalty, from the date of default, shall be charged on the unpaid principal balance until paid. Also, interest will accrue on the unpaid balance at a rate of G.75% per annum. The amount due is $ 5, 936.40ancl consists of the following: Original Assessment: $ 3, 848.55 Less any principal payments to elate: ~ -0- Add: Accrued interest to 3/15/98: ~ 519.56 Current year interest: $ 259 , 78 1% penalty to 1/31/99 ~ ~ Mpg _ ~i .~ Total Assessment Due ~ 5 , 936.40 Please pay the amount due by March 15, 1999 to avoid further penalties and interest. If you have any questions regarding 1-,his assessment notice, please call the City Finance office at 388-8205. d~4~ ~~ ~~ ~ a Q ~oQq X40 Op ~`'` AELIGPN City of Sebastian 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ^ FAX (561) 589-5570 February 9, 1998 CORMIER, GAY A & SARA A 5 SHELTER ROCK ROAD DANBURY, CT 06810 Re: Property with Tax ID # 06-31-39-00016-0000-00008 1 Dear Property Owner, This is the third year of the Riverfront Water Project assessment which has been applied to your property. This is your notice that payment is due by March 15 1998 Your Total Assessment: 3 848.55 • Your 1996 Payment: Your 1997 Payment: 1. You have the following payment options: a. Payment in full of 4 385.64 by March 15, 1998 This consists of : Principal: 3 848.55, Previous Year's Accrued Interest: 259.78 and Current Year Interest: 277.31. b. Make an installment payment of 915.59 by March 15, 1998 This consists of : Principal: 378.50, Previous Year's Accrued Interest: 259.78 and Current Year Interest: 277.31. (Interest charged at 6.75% of the unpaid balance, including accrued interest, since Mar 15, 1996) 2. If you have any questions regarding this notice, please call the City Clerk's office at 589- 5330. 9~~ ~y~q^~°~ a~ ~ b Q q 4~ o OME Of PELICAN \5 P~ City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561 ~ 589-5330 o FAX (561) 589-5570 February 7, 1997 CORMIER, GAY A & SARA A 06-31-39-00016-0000-00008.1 5 SHELTER ROCK ROAD DANBURY, CT 06810 Dear. Property Owner, This is the second year of the Riverfront Water Project assessment which has been applied to your property. This is your notice that payment is due Your Total Assessment: 3 848.55 Your 199G Payment: ~ 0 1. You have the following payment options: a. Payment in frill of 4 108.33 by March 15, 1997 This consists of : Principal: 3 848.66 and Interest: 259.78 b. Pay the 2°d annual payment amount of 584.43 by March 15, 1997 This consists of : Principal: 324.66 and Interest: 259.78 (Interest charged at G.75% of your unpaid balance since Mar 15, 199G) 2. If you have any questions regarding this notice, you can call the City Clerk's office at 589-5330. q ~, d°~~ ~~ ~~ Q /`~~ b y0 OO ~ CJ~OP~O M~ Of PELICAN \5\' City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 January 26, 1996 CORMIER, GAY A & SARA A 06-31-39-00016-0000-00008.1 5 SHELTER ROCK ROAD DANBURY, CT 06810 Dear Property Owner: This letter represents written notification of the assessment which is being applied to your property including amounts, interest rates, due dates and payments. Your Preliminary assessment was: 4 042.84 Your Final assessment is : 3 848.55 Payments Made: $0.00 Balance Due: $3,848.55 The following applies to all property owners being assessed for the Riverfront Water Project in accordance with Resolution R-96-05 and R-96-14: 1. The total assessment is due March 15,1996. 2. The City has made provision where the assessment can be paid over aten-year period. 3. If you elect to pay over ten years, or less, the following conditions exist: a. Payments will be due March 15~ of each year with the first installment being due March 15,1996. b. Your minimum annual payment, including principal and interest: $507.38 c. Interest will be charged at the rate of 6.75 % on the unpaid balance for each of the annual installments. There is no penalty for early payment of principal. d. Payment notices will be sent out each year at least one month prior to the due date of March 15. 4. If you have questions regarding this assessment or the lien on your property, you can call the City Clerk's office at 589-5330. Ga Ig3j >~~-~~t~" _l ~'~.F~k? j ~~.~~J ,.~ S~1.E?S ~' ~~~;`I'~H~ Ih~~~.ov1r ~ .. ~ _ - 1 , ~F"~t,M7T , ~~~~ I r~~~~c~~ ~~ ~~5'rc~x~ r ~ r a~ T, .~ ' r r~~~ -~~~ .~J1 I -~'"'~ ~ --- .,_ ~~, Turn off Parcel shading whe -a` - i0 ~`~-µr r.- _ _---- ~~~µ ~ Parcel Shading ,~`~_', - ~ ~4 -_ ~; 1 i _ --- ~-~~ '~>~ ~ Aerials - 2003 ~~ ~ ~ ~ + ~ ~' -~'"~~ I- Aerials - 2001 D ID "i ~ 1 ~~ ~ ~-1 1'7 ~~ ~~ ~' ~ "'~~~ ~ `"`~ 13~ ~ - LEGEND -Click here f~ Y: ~ ~ ! ~Y~ X` x ~' L ~7 ~ ~ c.. ~ - era ~.ca ~~~. ~ ~~` All other ma la ers a `".~z~ ~ ~-~ RIVER t~~NSS `. Scale-dependent map ?rz~,. ~;~~~"' ~ ,~ ~ - ~ ~ ~ Map Scale 1:1704 ~ ~, n~~~ ~ , ~ ~~ ~ ~ ~~ `~ ~ - Click Here to access ID ~ ~ft ~,:~ - - ;` the online MAP H' ; . 't Parcel Boundaries parcel Number: 3139C H ~ ~ J ID by POINT. Click on a single point on the map. The parcel you clicked on will be identified. J l`~ ~~ p://www.ircpa.org/mapmain.asp?ToDo=FindParcel&P~rce1=3139060001 ~OOOQOQQQ8.1 ~,I`~Zap~~,:u-n=un.., 4i 1 i i2Q06 -- _ _.~~, - .. _ _ -~3~1,5~; ~ i,~? ~ ~~..~ ~'~~1~:~ ~ SE~~"!'CFT~ t7+~tP1tOV;~ i ~~f~T ~ ~- Parcel ParcellD: 31390600016000000008.0 Ownership Owner -First Name 1: ANTERO (LE) Owner- First Name 2: ONIEDE (LE) Owner- Last Name: FIGUEIREDO Mailing Address 1: 900 S US HWY 1 Mailing Address 2: Mailing Address 3: Mailing City, State, Zip: SEBASTIAN, FL 32958 SECONDARY OWNERS Secondary Owner: FIGUEIREDO, ANTERO (TR) Secondary Owner. FIGUEIREDO, ONEIDE (TR) Legal DescrtpUon EDGEWATER PARK RESUB OF BLK 1 Full Legal Description EDGEWATER PARK RESUB OF BLK 1 RESUBDIVISION OF BLK 1 OF EDGEWATER PARK PBI 2}40 LOTS 8 TO 11 INC, LESS NLY 10 FT OF LOTS 8 TO 11 INC & LESS WLY 10 FT OF LOT 11 FOR HWY RNV (OR BK 496 PP 376 Site Information Site Number From, To: Site Prefix, Street Name: Site Unit: Site City, Zip: Property Information Tax Code: Assessment Year. Neighborhood Code: Property Use Code: Vlap ID: deal Appraiser & Appraisal Date: 900 US HIGHWAY 1 SEBASTIAN, FL 32958 2 700027.00 -City Seb E US1 to River 2100 -Restaurants/Cafeteria 09.05 WB Wayne Bibeau - 1/9/2006 CSC ~ IJ+ttl{;T ~ t~5~'C]$Y rage 1 or i ti.Mi` 1~'R~',~,~ ~::... R..ax 1 i ~.!~~tF1 .oz ,.~ ,~g Please have the parcel number ready when you contact the Property Appraiser. J ~q5 tp://Exrav,~f.ircpa.crg/base.asp?Parcel=31390600016000000008°i°2E0&PIN=&Card=1&Page=base 4/11/2006 ,FD IP ,• i S 07°5T' 241jE - i { ~150.2(5.' (MEAS.)~' FD IR I I 150 0 ~ I~~ c 20 . 0 (PLAT) 944 I FD I? I ~ ~ • F a I a a I ~ ~ a' wIAE x x MESH FENCE I p ~ I I c O ~ O p ~ I I I I .. WOOD SHED LOT 8 ~ - I- ~ I I I a __ _ - .. - ~ - - - I I I J 0. _ ~_ - _ - _ r ~ -t _ 6' PUBLIC _- '- - I- - - _ ~UTILITY.1~ 0 p _ _ _ ESMT. ~ ~~ ~ I o I - - ~ _ _._~ ~ II ~ - ~ I N ~ I :w?° ~- a LqT 13'' LOT 12 I .Ol ,~. I I I I .. ~_z CONC ~~. I I I 46.70' I I Q 7' CHAIN W I LINK FENCE o I I ..~ o ... LOT 9 ~ - ti „ I I I' STY WOOD - corx I I (` M I ~ rCON;s FRAME ~BLDG ~ 9~ I ~ Or h I 9. 90~ ( ~ j.. ~ ~ Y~C~ ~ I r o x m ~ 'd I a ~ z o I --- - II ~ n N ~ I I _ ¢~ I • 5 `° I n' ° n _~ I I V n a 56.00' 30.04' I ~ ~-coNC~ ~ I I I ' - LOT 10 .. ti ASPHALT PV MT. -~:. _ ~ I I I I . J 1 FD ~ P u I I ^ I I I ~ I I 1.35 S Tla, I -S-OgA55 -2_. SIGN POaTS ~ LOT II R/Kr LINE ~ I '~ g `s° I s • CONC 2 Dfl IVE _ I 9'. I ~~~~'Fy FD31P I FO DRILL HOLE N 08°p ~~i ORfGINAL pROFE I ' TY LINE ~- I ~, I U. S. HWY. N0: 1 (CENTRAL AV ~ 98' , II .56' (HERS) E) noz Rnv) - BOUNDARY SURVEY FOR GUY A, 8 SARA A, CORMIER FD IP~ FD IFl FD IR~ s.w. coRNEF BLOCK I .~--_ The lbrch ten feet of Cots B, 9, 10 aM 11, all of lots 12, 13 aril 14, less •the of.U,S. HCpJvay No• 1, ~~~ Patic Sltbdivisfon ass ~~ ten feet thereof, all 1 Fast of the right of way . A[SD, ~gin at a point ten feet South of the Nor~\east mrtws of said~tZ],4P~ ~' of the Public Records of Itulimi rile Public Records vi uaLi~ River Cesar F.dgewatet Park Subdivision, ~ River CamLy, F'.oridai poir2 ten feet South m the Fast ~'~ florida; theix.,e nal SoDtheacterl3 along the Fast ~ Plat Book 2, Page 40, of of [at 8 to [he Fa.+t borad~p line of Lot 12 extecded~ chars nar ~~~tl La~adary line of said Lots 14, 13 and 12 to a 13 and 14 to a point C Swth of tM Lot Br thence r\ar Norci~esterlp .on a 1Sne parallelto the ~ lei to rice North boradary line Lot 14 ip the Point of 1 pygD mob ~~~ line of L.ot 14 extsdedc~thence tun WesrPrly on a line borardexy line of said Lots 12, REtords Book 496, page 37 Rrb it Records}of ~ easar~cs rastrictinns, reservations and lisdtations off recolyd as recorded in Officialof . ~`~ Camty, Florida. ~• ~n-'r i6 based do an asslmed serjdi~. 9 2' ~~ ' *~^° rot abstracted for is of U.S. Higlni~y ny 1 r g [ of way infornatiar / 3. Itds w¢yey 18 not valid tUlleial aea9rttf vlth ~ "~' eas®ents of record or e~++o..ehil,. Yadcar frcm D.O.T. right oCway map, Sectim ~/C~/ Bossed surveyoxe Neat, P and Job No• ggpl-110. CERTIFICATE OF SURVEIDR - I )iF]i1BY CFRRFY Coat the i~formetion sham f>e 't` ~~ t C true and correct W the beFt of mY kroaledge andhe ief, ~Orda'~e rich a recent fieid7`survey made render Dry the Board of Pmfessienal Ca[d Sutveyors, Florida Statutes Chapter 1-F1H-6. ~ litnulun Technical-St~dards as set forth by FIn.D eoac IR-is PA/:ic ~~ _ ,,. !1 ii• CITY OF SEBASTIAN 1225 MAIN ST., SEBASTIAN, FL 32958 Special Assessment for Water Line Installed in 1996 Lot Owner > Guy A. and Sara A. Cormier Parcel Number > 06-31-39-00016-0000-00008.1 Assessment > $3,848.55 Less any principal payments to date > $0.00 Assessment Balance Due > $3,848.55 Calculated through Date > Date Payment was Due > # of Days for Interest Calculation > Interest Rate > Daily Interest Charge > 08/14/06 03/15/96 3804 6.75% $0.7117 Current Interest Owed > $108.18 Accrued Interest from Prior Years > $2,599.22 Default Penalty Interest 1 % per month from date of default 3/16/96 > $4,813.14 Total Payment Due > $11,369.09 In addition, there are no other liens on the property assessed by the City of Sebastian. q~ BUILDING DEPT.I& GR H MANAGEMENT DEPT. RECEIPT Name~~~~-~,~ ^ Cash Date_~-~~ ~~ -- o O ~..-~.~ q~ ,~ ~,. --.. ~ ~.. Amount Paid Building Permit GtJ(R-~ 1 ~ ~,~,v Electrical Permit ~v~ 2 -- Fence Permit `"`i' -- ~~DDI(? s Irrigation Permit -- ZZ4 L and Clearing/Grubbing Permit ~, _ 5 License PenaltieslTransfer -- Other Licenses & Permits 6 -- Photo Copies ~ -- Plat Review Fees 8 Plumbing Permit 9 -- Pre-paid License Renewal 1 ~ --- Professional Licenses 11 -- 12 (DCA) ~ 13 ---- Re-inspection Fees 14 _______--- Sign Permit 15 --- Site Plan Review Fees 16 -- Tree Removal Permit 1 ~ -- Zoning Fees 18 -- Recreation Impact Fees 19 Plans Review -~ 20 -- _ Mec cal Permit 21 22 ~- o al Paid -2s "~ tune White -Dept. of Origin Yellow -Finance Pi nk -Applicant ' ~ ~ ~~ cm a ~~ ~~ , r' ~~ -ij' :< HOME OF PELICAN I5LM7D City of Sebastian 1225 Main Street Sebastian, Florida 32358 Agenda No: ~~: 0,~~ Review of Motion to Release Order Imposing Fine as a Lien on 1258 Laconia Street, Code Enforcement Department Origin: Code Enforcement Case 07-00619 Division City Attorney: City Manager Date Submitted: 2/4/09 For Agenda of: 2/11/09 ~„ Exhibits: (1) Findings of Fact, Conclusions of Law, and Order (dated 6/19/07). (2) Order Imposing Fine (dated 10/16/07) as recorded in Public Records of Indian River County (12/3/07). SUMMARY STATEMENT Crossland Title Services, LLC of Jacksonville, FL requests release of an Order Imposing Fine recorded as a lien on 1258 Laconia Street, Sebastian, FL. As of October 16, 2007, the fine totaled $1,760.00; the fine continues to accrue at the rate of $20 per day until the property is brought into compliance. This lien is referenced by Case No. 07-00619. The lien for which the release is being sought was imposed by the Code Enforcement Special Magistrate as a fine for the property's not being in compliance with the City ordinance concerning replacement of dead trees to meet the tree requirement of residential lots. The release of the lien (Case No. 07-00619) would not affect the four other liens that have been placed by the City of Sebastian for abatement services, specifically for mowing the vacant property and for removing trash and debris from the same. The payoff of these four liens, calculated because there is a buyer for the property, totals $773.24. RECOMMENDED ACTION Recommended action will be addressed by the City Attorney. ~q; goo CITY OF SEBASTIAN CODE ENFORCEMENT SPECIAL MAGISTRATE IN THE MATTER OF: MYRLENE JEAN AND LUCNER PIERRE CASE N0.07-00619 1258 LACONIA STREET ?RR8826 SEBASTIAN FL 32958 THiS DOCUMENT HAS BEEN RI_CORDED ~ IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL RESPONDENTS. BK: 2224 PG:1302, Pagel cif 1 12/03/2007 at 04:14 PM, ORDER IMPOSING FINE JEFFREY K BARYON, CLERK 01= COURT THIS CAUSE came before the Code Enforcement Special Magistrate of the City of Sebastian, on October 16, 2007 for consideration under the FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER entered in this cause June 19, 2007, and it being proved that the property remains in noncompliance for 88 days, and in consideration of the circumstances herein, it is ORDERED: 1. That a fine of $20.00 is hereby imposed for each day that Respondent remained in noncompliance with the above-described Order, for a total fine of one thousand seven hundred sixty dollars ($1,760.00) from July 21, 2007 through October 16, 2007. Said fine shall continue to accrue at a rate of $20 per day for each day after October 16, 2007, until Respondent demonstrates that the property has been brought into compliance. 2. That a certified copy of this Order be recorded as a lien in accordance with the provisions of Code of Ordinances and the laws of the State of Florida. DONE AND ORDERED this ~~day of October, 2007. CI Y OF S~E~BASTIAN, FLORIDA ~%/ _ Robert A. Ginsburg, Special Magistrate A true and correct copy hereof was delivered to Respondent by hand delivery/certified mail this ~~ day of ~~~,, , 2007. /~i~WLM/A ~ / I/~///,i~ Clerk, Code Enforcement j,~ t1 ~o~ CITY OF SEBASTIAN CODE ENFORCEMENT SPECIAL MAGISTRATE CASE N0.07-00619 IN THE MATTER OF: Myrlene Jean &Lucner Pierre RESPONDENTS. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Special Magistrate of the City of Sebastian, on June 19, 2007 after due notice to the Respondents, and based on the evidence presented the Special Magistrate makes the following: FINDINGS OF FACT 1. That Respondents Myrelene Jean and Lucner Pierre are the registered owners of the property at 1258 Laconia Street ,Sebastian, Florida. 2. That Respondents were notified on February 6, 2007 that the landscaping on said property was no longer in compliance with residential tree and landscaping requirements. 3. That more than thirty (30) days have passed since Respondents were notified of the landscape deficiences, and the landscaping has not been restored to the required standards. WI-IEREFORE, based upon the aforementioned Findings of Fact, the Code Enforcement Special Magistrate makes the following: CONCLUSIONS OF LAW That the Respondents Myrlene Jean and Lucner Pierre are in violation of Section 54-3-14.9 of the Land Development Code. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED as follows: j~3 That Respondents shall bring the entire property at 1258 Laconia Street, Sebastian, Florida into compliance with the Code by restoring the landscaping to the requirements of the approved landscaping plan by planting four trees, each of which must be a minimum height of twelve (12) feet and of a species on the approved tree list of the City's Growth Management Department by July 20, 2007 or be subject to a fine of $20 per day for each day that a violation is maintained at the property. RENDERED this day of ,~.~ , 2007, in Sebastian, Florida. CITY OF SEBASTIAN, FLORIDA Robert A. Ginsburg, Special Magistrate A true and correct copy hereof was delivered to Respondent by hand delivery/certified mail this day of ~u.~-e , 2007. Clerk, Code Enforcement ~ O ~f tm ar _~ / ~ . . ~ .. . ' -f _ i ~' ~ J E~G•fJIF ~F PELlCAPI 1~EANL3 AGENDA TRANSMITTAL Subject: Agenda No. ~ ~` , 31 C?R , C11~ L~ Indian River Drive -Main Street Change Order #1 Department Origi ana r Additional Parking Behind Chamber City Attorney: City Clerk: NO~V-ACTION ITEM Date Submitted: 4 FEB 2009 Ap a ubmittal by: A er, Cit Mana er E ibits: H&D Change Order #1 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $7,058.60 See Attached Finance Report $0 SUMMARY In recent days, Council Members (separately), a few citizens, the Contractor, and our Engineer of Record has asked about provisions for additional parking for the Indian River Drive/Main Street Project. Specifically this refers to placing the parking spaces behind the Chamber of Commerce that the previous Council removed from the project. My position on this matter has been not to construct the additional spaces based on past Council action and I have moved accordingly. However based on the feedback my office has received, I spoke with City Attorney Robert Ginsburg about the appropriateness of agendizing this issue under my matters for Council direction. Mr. Ginsburg advised that under Robert's Rules, I have the ability to do so, but this matter should only be for discussion. As such, I have taken the liberty to request a Change Order from H&D Construction to get a firm quote for the costs. It is my aim to have this information to aid Council in a discussion to consider making this an action item at a later date. Based on a financial review of the project and at the current contract costs, there exists $499,837 in available project funding. RECOMMENDATION Seek direction from Council with regard to Change Order #1. THIS IS NOT AN ACTION ITEM. i~5i ~o~ CHANGE ORDER No. 1 FRO3ECT Indian River Drive and Main Street Improvement Project DATE OF ISSUANCE February 4, 2009 EFFF,CTNE DATE February 5, 2009 OWNER City of Sebastian O WNER's Contract No.Indian River Drive Main Street Improvement SBS Work Order No. 07-027 CONTRACTOR H & D Contraction Company, Inc ENGINEER Schulke, Bittle & Stoddard,LLC. Youare directed to make the following changes in the Contract Documents: Description: Construct ten 1103 additional parking spaces behind the Chamber building Attachments; (List documents :supporting change} Attached. quantity adjustment from bid dated 1 l {21 /08 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times 1,193,903.02 Substantial Completion: 180 Ready for final payment: da s or dates Net changes from previous Change Orders Net change from previous Change Orders No. to No. No. to No. $ 0 0 days Contract Frice prior to this. Change Order Contract Time prior to this Change Order 1,1.93,903.02 Substantial Completion: 1.80 Ready for final payment: Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ 7.058.60 2 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 1,200,961.62 Substantial Completion: 182 Ready for fnal payment: days or dates APPROVED: By: ~,' Date: ACCF,PTF.D: By: 13y: Signature} :Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated Genera[ Contractors of America. D~ ~/ e- ~ ~ W °' ~ ~ a O A w o a Z Q `s T 9 t a z U x Q a • E 0 0 n E 0 m h N C b g b m 'C O `o K c m v t c w a .~ n a~ o R "' ano ~ °~ Wes.. a ao I ~~ 11 ~/ 1 ~~ ~~ _ ~ I '' lY / ' ~_ _ ~,. ' J ~ ~ / 6 r u. ~ ~ ~s ~ zZ 5~t ~ / G o ~ $ MS ~~~ ~r 6r ' ~ o ~ i _ _ ~® ~ o ~~ ~z ~ ~' "' `` ~ 's 1 ~, ' ~} Q6.Zll 3,.Zf~O •- ~ tr_s /~ ~ .: ~ ~ . .-~ °° a° i 1w ~~ ~~O -°~ N .I/'// ~. ti ~ -A tit Z ~ - u~~ , W V a Una ~ ~ ~.~ ~ ~ V' ~ i .9 ?t ~ ; „~~ _ n N n rC~ ~ w .r ` ~~~ ~~ 1, 111 0 ~~, ~~~ 6 -^ ~ ~, O ~ m ' ~ 7D rn ~ v! _ i •~• s ' ~ ~~ ~~ ~ o~ ~>~ v, , sSg ~~ LLslflg~ ~ ~ ~ Z,, ~ ~ ~ 6 ~~M ~ o ~ ~5 ~ o ~ ~ o ~^ ~// ~ r ~ °pQ ~ q22. ~- , o - o°° ,~anQ' l~ ~ nom. o _ o _ ~ c ° _ i ~~ ,. ~ ,~~ a ~ / / "~~ ~b~i~ ~\ ~ ' ~ dd 5 Sg ~' ~ __~ '-~ rI 51 \. ~o NIA f3Z. ~- _ `-~ ~ ~ r ~\~ 'X3 ~. Y ~ _.,_ u~ Page 1 of 1 Alfred Minner From: Ken Jones [kjones@sbsengineers.com] Sent: Wednesday, February 04, 2009 7:35 AM To: Joseph W. Schulke, P.E.; Alfred Minner Subject: FW: Additional Chamber Parking Below is the confirmation from H & D .~,~,~ w. eonofiucclaan .i1~atagen Scf4ul!#e, ~ittP.e d Stadcfavrd, .C.CC 9'lEane: (772)770-9G22 Sax: (772)770-9496 PLEASE NOTE: This information is provided solely for your convenience only; SCHULKE, BITTLE & STODDARD LLC makes no representations or warranties, either express or implied, as to its suitability for any specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily altered or corrupted either purposely or inadvertently through any number of sources. For this reason, SCHULKE, BITTLE 8 STODDARD LLC, its managers and or employees shall be indemnified and held harmless from any and all liability that may arise or result from the use of this information by your firm, employees, agents or sub-contractors. Any use of the file provided herein constitutes acceptance of the provisions stated herein. ------------------------------------------------------ The information contained in this email is privileged and confidential and intended for the addressee only. If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents. If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated. From: Michael DiGiacomo [mailto:mdigiacomo@hdroadinc.com] Sent: Tuesday, February 03, 2009 11:17 AM To: Ken Jones Subject: RE: Additional Chamber Parking I agree to the price, quantities, and time extension for the additional chamber parking From: Ken Jones [mailto:kjones@sbsengineers.com] Sent: Tuesday, February 03, 2009 11:15 AM To: mdigiacomo@hdroadinc.com Subject: Additional Chamber Parking Mike Please send me an a-mail confirming you agree with Joe's change order breakdown and time for the 10 additional parking spaces behind the Chamber building. Thanks .~,~,~ w. canabacfiaa .Manaf~~,f. Sclful,~e, ~Bittle d Staddavcd, .C.CC `.PRtone: (772)770-9622 Sax: (772)770-9496 PLEASE NOTE: This information is provided solely for your convenience only; SCHULKE, BITTLE & STODDARD LLC makes no representations or warranties, either express or implied, as to its suitability for any specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily altered or corrupted either purposely or inadvertently through any number of sources. For this reason, SCHULKE, BITTLE & STODDARD LLC, its managers and or employees shall be indemnified and held harmless from any and all liability that may arise or result from the use of this information by your firm, employees, agents or sub-contractors. Any use of the file provided herein constitutes acceptance of the provisions stated herein. -------------------------------------------------------- The information contained in this email is privileged and confidential and intended for the addressee only. Ii you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents. If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated. Div 2/4/2009 INDIAN RIVER DRIVE/MAIN STREET PROJECT C0741 Direct Charges to CRA Fund Land Purchase 397,849.24 Appraisals on 806 Indian River Drive 10,000.00 Notices/Postage 779.75 Schulke for Design 190,061.25 598,690.24 Transfer to Project from CRA Fund: FY2007 215,401.00 FY2008 619,561.00 834,962.00 Transfer to Project from Recreation Impact Fees 500,000.00 Expected Proceeds from Florida Boating Improvement Grant 425,291.00 Expected Proceeds from FIND Grant 487,532.00 Total from All Funding Sources 2,846,475.24 Less Direct Charges to CRA Fund (Shown Above) (598,690.24) Current Budget for Project in Construction Fund 2,247,785.00 Charges to Budget for Project: Trash/Landclearing Public Notices Tree Consultation/Spraying Schulke for Construction Admin. Currently Available Balance for Project C0741 Total Project Cost Estimate is $1,936,972.46 Less $238,013.75 included for Design and Contract Administration Estimated Balance of Project Costs (1,799.24) (271.67) (865.00) (46,052.50) (48,988.41) 2,198,796.59 Available for Contingencies 1,698,958.71 499, 837.88 ~~\ Ken Killgore 2/4/2009