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HomeMy WebLinkAbout07082009~~ 5'~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 8, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE 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 CALL TO ORDER 2. INVOCATION -Father John Morrissey, St. Sebastian Catholic Church 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. 09.108 A. Proclamation -Motorcycle Safety Awareness -ABATE Members Accepting 1 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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-~ A. Approval of Minutes -June 17, 2009 Special Meeting 9-16 B. Approval of Minutes -June 24, 2009 Regular Meeting 09.040 C. Approve Indian River Drive/Main St. Improvement Project Change Order #6 in the 17-22 Amount of $23,021.22 for H & D Construction Company, Inc. -Catch Basin Removal/Replacement and Related Swale Re-Grading North of Project Site on Indian River Drive (PW Transmittal, Summary of Change Orders, Change Order #6) 09.109 D. Approve Transfer of $200,000 DST Funds from Blossom Ditch Project to Quarter 23-25 Round Project to Complete Current Quarter Round Section (Public Works Transmittal, Cost Breakdown) 09.110 E. Approve Alcoholic Beverage Use at Community Center for Esolen Anniversary 2~-32 Party on August 15, 2009 from 4:30 pm to 10:30 pm (Parks Transmittal, Application, Officer Services Form, Receipt) 8. 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. 09.003 A. Natural Resources Board 33-38 i. Interview, Unless Waived and Appoint Regular Member Position with Term to Expire 7/1/2012 (City Clerk Transmittal, One Application, Member List, Ad) 9. PUBLIC HEARINGS Procedures for public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public Input • Staff summation • Mayor closes hearing • Council action Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state his/her name for the record. 09.101 a A. Ordinance No. 0-09-09 -Mustacchia Property Annexation - 3 Acres West of US 39-58 1_ Between Shady Rest MH Park and St. Sebastian Church (Growth Management Transmittal, 0-09-09, Map, Staff Report, Letter of Reauest) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09) 09.101 b B. Ordinance No. 0-09-10 -Mustacchia Property Land Use Amendment - 3 Acres 59-74 West of US 1 Between Shady Rest MH Park and St. Sebastian Church Growth Management Transmittal, 0-09-10, P & Z Minutes, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICAITON OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF LOW-DENSITY RESIDENTIAL, UP TO 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09) 09.101 c C. Ordinance No. 0-09-11 -Mustacchia Property Zoning Amendment - 3 Acres 75-87 West of US 1 Between Shady Rest MH Park and St. Sebastian Church (This issue is Quasi-Judicial) (Growth Management Transmittal, 0-09-11, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI-FAMILY, UP TO 6 UNITS PER ACRE (RM-6) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09) 10. UNFINISHED BUSINESS 2 11. 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. 12. NEW BUSINESS 09.103 A. Request for Removal of Two Liens for 111 Arcadia and Two Liens for 1245 89-104 George Street (City Manager/Code Enforcement Transmittal, Property and Lien Documents) 09.111 B. Authorize Staff to Initiate Golf Course Club House/Tee Box Expansion/Partial 105-107 Irrigation Improvement Project (City Manager Transmittal, GC Fund Projections FY 2010-2015) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Gillmor B. Vice Mayor Hill C. Council Member Coy D. Council Member Simchick E. Council Member Wolff 17. ADJOURN (All meetings shall adjourn at 10:00 p. m. 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. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION 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: July 22, 2009 -Regular Meeting - 6:30 pm Mayor opens hearing August 12, 2009 -Regular Meeting - 6:30 pm Council Members disclose ex-pane communication August 24, 2009 -Council Budget Wo-lcshop - 6 pm Applicant or agent makes presentation in favor of August 26, 2009 -Regular Meeting - 6:30 pm request following swearing in by City Clerk Staff presents finding and analysis following swearing in by City Clerk Council asks questions of the applicant and staff Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided opportunity to respond to issues raised by staff or publi Staff provided opportunity to summarize request Council deliberation and questions Mayor calls for a motion Council Action 3 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 headingLs: / 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. A SIGNUP SHEET IS LOCATED ON THE BACK TABLE FOR ANYONE WHO WISHES TO SIGN UP TO BRING NEW BUSINESS TO THE COUNCIL. IN THE EVENT A MEETING IS NOT FINISHED AND WE DO NOT GET TO "PUBLIC INPUT", AND YOU HAVE SIGNED THE SHEET, YOUR NAME AND SUBJECT WILL BE CARRIED TO THE BEGINNING OF THE NEXT AGENDA. Any provisions of the procedures resolution maybe suspended for good cause by affirmative vote of at least three Council members. The good cause shall be stated on the record. 4 cm~~ S HOME OF PELICAN ISLAND PROCLAMATION MOTORCYCLE SAFETY AND AWARENESS MONTH JULY 2009 WHEREAS, motorcycles are increasingly used as a regular means of transportation; and WHEREAS, the motorcycle is an energy-efficient vehicle that reduces fuel consumption, traffic and parking congestion; and WHEREAS, with motorcycle ownership in Florida has exceeded 750,000 registered motorcycles, the Governor of the State of Florida has traditionally named May as "Motorcycle Safety Awareness Month;" and WHEREAS, locally, ABATE of Florida, Inc„ is highly involved in motorcycle safety through its Rider and Motorist Education Programs which includes the "Motorcycle Safety Awareness Program" to educate the non-riding public how to safely- share the road with motorcycles; and WHEREAS, ABATE of Florida, Inc. promotes friendship and safety among all motorcyclists. Using their mottos of "American Bikers Aiming Towards Education" and WHEREAS, the City of Sebastian wishes to join in this public safety campaign in an effort to ensure the safety and well-being of its citizens; NOW, THEREFORE, be it proclaimed by the City of Sebastian City Council that the month of July 2009 is declared to be "MOTORCYCLE SAFETY AWARENESS MONTH" in the City of Sebastian, Florida. Furthermore, all citizens are urged to be more aware of motorcycles on our roads and highways. ADOPTED this 8`h day of July, 2009. ATTEST: Sally A. Maio, MMC City Clerk Richard H. Gillmor, Mayor 0 C[IY OF !/ "'~ ., HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING CHARTER OFFICER EVALUATIONS WEDNESDAY, JUNE 17, 2009 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: Charter Officer Evaluations Mayor Gillmor called the Special Meeting to order at 6:01 p.m. 2. The Pledge of Allegiance was recited. 3. 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 Ginsburg City Clerk, Sally Maio MIS Systems Analyst, Rob Messersmith 09.017 4. CHARTER OFFICER EVALUATIONS (R-07-31 Goals 1/09) (Public input is limited to the item on the agenda - R-09-05) Mayor Gillmor stated he had had spoken with each of the Charter Officers and since he felt this was City Council's only opportunity to talk about the Charter Officers amongst themselves in the sunshine, noting public input is important, he recommended that Council hold their discussion first and then take public comment after Council is done. He then requested the City Clerk to call Council names as she does for a roll call vote. Ms. Simchick recommended to keep it organized that public input be heard after Council discussion of each officer so it does not become haphazard and turn into cross talk on three different people since historically that is how it was done. Mayor Gillmor said it didn't seem to work well in the past and reiterated Council would open up to public comment at the end of the meeting when they are done. He said the chair is supposed to control the meeting and hopefully that is what he was going to do. J Special City Council Meeting June 17, 2009 Page Two Mr. Wolff asked when the discussions about how the meetings would run that he mentioned had taken place. Mayor Gillmor said the discussion took place with himself and the City Attorney as to whether public input needed to take place. Ms. Simchick said that is a one out of five discussion, and these are agenda items and asked the City Attorney if public input is customary after each item, and said the Mayor does control the meeting but it should be a policy decision of Council, noting she was not present at the discussion and reiterated that in the past input was allowed following each item. The City Attorney stated there is a difference between a public meeting and a public hearing, noting this special meeting is designed for elected officials to evaluate charter officers and is not set up as a public hearing. He said the City has been very liberal in permitting the public to speak on virtually every agenda item it considers whether or not they are public hearings, noted Council always asks for input and in doing so are blurring the lines between public hearings and public meetings and legally there is a distinction. He said the Mayor has the authority to decide how the meeting will proceed, subject to a majority vote to do something else with regard to how the meeting is conducted, but absent that the Mayor does have the ability to control the meeting. MOTION by Ms. Coy and SECOND by Mr. Hill to approve the Mayor's suggestion. Ms. Simchick said she preferred to individualize public input so that someone who wanted to give accolades to one officer who has done a good job won't be mixed with someone who may have negatives, but if they want to lump it together she appreciates that but thought it best to separate it. Mr. Hill said he did not believe it was up to the public to decide if the individuals are doing a good job. Ms. Simchick said she just thought it would be unfair to the employee. Mr. Wolff asked that the motion be restated. Ms. Coy said "to maintain item 4 as a discussion only amongst Council in accordance with the Mayor's decision". Ms. Simchick noted the Mayor had said to allow public comment after Council was done and the Mayor confirmed that. Ms. Coy then said if they are to be commented upon why not comment after each item, but then said if Council is charged with doing this, it is Council's evaluation and input is not required. She said the public is allowed to comment on every item at every single meeting and said she thought public comment at this meeting was inappropriate and the publicness of it unnecessary, noting once the evaluation is done it becomes public record. Mayor Gillmor asked for a roll call and the City Clerk asked for clarification of the motion, citing the original motion to approve the Mayor's suggestion. Ms. Coy said she did not include public input in her elaboration of the motion and the City Clerk asked if it was the intent that the roll call would be for "no public input" and Ms. Coy and Mr. Hill concurred. Result of the roll call: AYES: Gillmor, Coy, Hill NAYS: Simchick, Wolff Passed 3-2 2 Special City Council Meeting June 17, 2009 Page Three Mayor Gillmor asked the City Clerk to call Council names for each officer's evaluation starting with the City Manager. A. City Manager Mr. Hill said he had met with the City Manager to conduct his evaluation and his evaluation was on file in Human Resources as a public record. Ms. Coy said she had met with the City Manager and her evaluation is public record. She said he has done a superior job, and he should continue working to maintain staff morale and productivity, continue to take every reasonable opportunity to go green, create jobs and think outside the box to keep Sebastian special. Ms. Simchick said she had a lengthy evaluation, and said she wanted to make a public statement that the City Manager has improved, has excelled in his job with the new City Attorney on staff, is keeping Council more informed with updates, can improve with more legislative updates and sound personnel decisions. She said her full evaluation is public record. She thanked him for a good job. Mr. Wolff said he found the evaluation form provided by Human Resources quite helpful and reviewed its content and ratings system of 1 through 5 with 5 being the highest rating at exceeds expectations. He said of the three Charter officers, the City Manager has the most complex job since he answers to Council, supervises staff, and reports to the taxpayers and business community. He said he has found the last six months to be very productive with Mr. Minner at the helm, stating we got a lot of work done, noting you can't please all the people all the time. He said he has not always agreed with everything but that it is productive to disagree sometimes to move forward. He gave the City Manager a 4 out of 5 rating and said a performance increase should be granted, however, noted that the City Manager and City Clerk salaries, including COLA have been frozen since April 2008 and both had again voluntarily agreed to freeze salaries through at least September 2010. He also noted they had offered to suspend medical insurance coverage for fiscal year 2010 provided in their employment contracts. He said despite this he had recommended a 3% merit increase in his evaluation. He said that the evaluation with specific comments are on file and can be obtained on the website. (For the record, the employment contracts provide for individual and dependent insurance premiums paid by the City and the offer made by the Charter Officers was to suspend the dependent medical insurance premium effective April 1, 2009 through FY 2010, however the employee insurance premium continues) Mayor Gillmor thanked Mr. Wolff for enlightening the public on the procedures, echoed a lot of views stated on the City Manager, noting he had scored the City Manager a 4 out of 5 rating, wants to keep him in his place. He commended both for their offer to freeze salaries but noted he had recommended a 4% increase for the City Manager because he has an awful lot on his plate and is doing a good job of managing them. He noted the evaluation is on file, and asked if it would be available on the website. The City Clerk said personnel files have not been placed on the website in the past, are public record and are available in Human Resources, but could be placed on the website at the discretion of the City Manager. The City Manager said typically they are not placed on the website but if anyone wanted a copy they could make a public records request or stop by Human Resources and review them. ~o Special City Council Meeting June 17, 2009 Page Four B. City Attorney Ms. Coy said she rated Mr. Ginsburg extraordinarily high, appreciates that someone of Mr. Ginsburg's caliber is willing to work in Sebastian part time and does so very professionally. She suggested quarterly updates on litigation issues if he had spare time, urged him to carry on and keep working, noted that under contract giving a raise is not an option, and if we could we would. Ms. Simchick said the transition for Attorneys was seamless, said we have superior legal counsel to a government body, and he is always available to explain complex legal issues to Council, the public and staff. She said she would like to the LDR language cleaned up as he becomes more familiar, noted Mr. Ginsburg has set up meetings with staff and the public behind the scenes. She said Sebastian has come up many notches in the public eye, that he is a great representative with other agencies, citing the ISBA, said we will have a legal and strategic edge. She said she felt we have sound legal and professional advice, said meetings run smoother, have wonderful representation and feels safe and protected. She said had we not suspended the rules she was sure there were people from the public here to thank him and so thanked him for them. Mr. Wolff said the City Attorney had done well in the job based on the difficult circumstances without the background depth of what takes place at City Hall, said he gave Mr. Ginsburg a 5 out of 5 which doesn't mean there is not some room for improvement. He asked for periodic updates. He said he did not understand the confines of the contract relative to increases and said he had recommended a salary increase of 1.5% simply as a means of recognition and recognizing he had been here for a short period of time. Mayor Gillmor said he had rated Mr. Ginsburg 5 out of 5 and read his comments, citing he has been impressed with his dealings with the County in ISBA meetings, said he sees a keen mind and a grasp of the nuances of law that may be important to our City, said he felt confident if a storm is brewing he will see it coming and forewarn them. He told him he would also like to see a quarterly update of items he is working on so there are no surprises. He said he was very excited with all the experience he brings to the table. Mr. Hill said he had met with the City Attorney to conduct his evaluation and his evaluation was on file in Human Resources as a public record. C. City Clerk Ms. Simchick read some of her comments, said the City Clerk provides all appropriate information, works off hours to satisfy Council requests, and expectations are exceeded. She said she is not afraid to train her staff to carry on the work of the department, has good relationships with the media and meets her obligations, citing the work involved in keeping up with laws in regard to noticing, elections and records. She said citizens express their appreciation for the work of the City Clerk, she is well loved by the community, and noted Council depends on her for procedures. She asked her to continue to be consistent, to allow the other records specialists to conduct the meetings and shadow them and to take more vacation. Mr. Wolff said it is important to recognize the complexities of the Clerks office, saying it is the face of Sebastian because the Clerk is present during office hours, said we could not find a better representative and by encountering the professionalism of her staff, Jeanette and Donna, you hear her enthusiasm and concern for the City. He said if a 4 Special City Council Meeting June 17, 2009 Page Five mistake is made she notifies them right away and it is corrected, and she is a pleasure to work with. He said he rated her a 5 out of 5, and offered a 3% increase even though he knew there would be no increase. Mayor Gillmor echoed his fellow Council members, saying she is doing an excellent job and recommended a salary increase of 6%, and rated her a 6. Mr. Hill said he had met with the City Clerk to conduct her evaluation and his evaluation was on file in Human Resources as a public record. Ms. Coy said she rated the City Clerk 5+ and that there is not enough good that can be said about our City Clerk, and said any positive impact to the economic downturn it may keep the City Clerk here for a while longer. She thanked both of the Charter Officers for freezing their merit and COLAs and said it leads by example. Ms. Coy announced that Friday, June 19'h is the last in the Summer Concert Series by Ben Robinson. 5. Being no further business, Mayor Gillmor adjourned the Special Meeting at 6:44 p.m. Approved at the July 8, 2009 Regular City Council Meeting. Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC -City Clerk 0 my or HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 24, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2 3. 4. 5 Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. Rabbi John Goldring of the Congregation Beth EI gave the invocation. The Pledge of Allegiance was recited. 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 Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Police Chief, Jim Davis Deputy Police Chief, Michelle Morris Police Captain, Bob Lockhart Police Captain, Greg Witt Human Resources Director, Debra Krueger MIS Senior Systems Analyst, Barbara Brooke-Reese AGENDA MODIFICATIONS None. DRAf1 O Regular City Council Meeting ®~ ~~T June 24, 2009 Page Two 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. 09.105 A. Reading of Resolution No. R-09-24 and Presentation of Plaque in Honor of ~-a Police Chief James Davis A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HONORING CHIEF JAMES A. DAVIS' EIGHT YEARS OF DEDICATED SERVICE TO THE CITIZENS OF SEBASTIAN, PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. Mayor Gillmor read the resolution in full and presented the resolution and plaque to Chief Davis, thanking him for his service to Sebastian. The Chief received a standing ovation from the audience. 09.106 C. Em_ployee of the 4th Quarter 2008 Police Detective Theo Robinson 5 Mayor Gillmor read a brief bio of Officer Robinson and noted he could not be in attendance. 09.107 D. Employee of the 1St Quarter 2009 Building Department Administrative Supervisor ~ Karen Park Mayor Gillmor read a brief bio of Karen Park and presented her with a plaque and bond notification with the assistance of Human Resources Director, Debra Krueger. 09.105 B. Formal Announcement of Appointment of Michelle Morris as new Chief of Police At this time, Mayor Gillmor announced Deputy Police Chief Michelle Morris would be the new chief effective tomorrow morning. Brief Announcements Mr. Wolff announced a dance class at the Sebastian Community Center on Fridays at 7:30 p.m. for beginners, 8:30 p.m. for level 2; cost is $7.00 per class and for further information, people can go to desiretodance.com. Mr. Hill announced the beginning of the Sebastian River Little League and invited the public to support the boys and girls and pick up a schedule at the Little League. Mayor Gillmor said there will be a Hurricane Preparedness forum in Indian River County Commission Chambers, 1801 27th Street, Building A, Vero Beach on Tuesday June 30, and people can call 778-3534 for further information. ~~ z Regular City Council Meeting June 24, 2009 Page Three 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9-23 A. Approval of Minutes -June 10, 2009 Regular Meeting 09.105 B. Formal Approval of R-09-24 -Chief Davis (R-09-24) 1-4 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HONORING CHIEF JAMES A. DAVIS' EIGHT YEARS OF DEDICATED SERVICE TO THE CITIZENS OF SEBASTIAN, PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve the consent agenda carried on a voice vote of 5-0. 8. COMMITTEE REPORTS & APPOINTMENTS City committee repots and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS DRAFT 09.021 A. Billboard Concept Approval 25-44 The City Manager gave a brief update on the two locations and concepts recommended by staff as set out in the agenda packet. He said there are four concepts in the packet and now is the time for Council to offer any alternative suggestions. Mr. Wolff asked the cost of the two recommended locations. The City Manager responded the north site is $26,400 per year and the south site would be $17,400 per year, and the total contract price would be $46,800, whereas $40,000 was budgeted. Mayor Gillmor called for public comment. Charlie Wilson, partner in Pelican Billboards, said the City Manager has been trying to contact him, that his business had recently moved and offered alternatives to the locations and concepts provided by the Committee. He suggested utilizing the billboard on the east side of I-95 near the Sebastian/Fellsmere exit, currently owned by Dairy Queen, noting the owner will allow the City to use it. He said the right location saying "Exit Now" is more important than how pretty it is, and said if the City did not take it, Capt. Hiram's would have it by noon tomorrow, he said the next best locations are the Palm Bay location, and the billboard three miles south of Sebastian. He pointed out the City will pay a premium for the Indrio Road location. He recommended three billboard locations for $3,900. it Regular City Council Meeting June 24, 200 Page Four DRAFT Mr. Wilson, in response to Mayor Gillmor, said the cost of the two billboards would be between a dollar to two dollars per square foot, productions could be done at the same time to save costs, and during a hurricane if the company is not providing the service they are not charging the customer. He congratulated the City for getting this rolling. Mr. Hill questioned Mr. Wilson's Internet blog which indicated that the City would spend far more than it should and that the City had turned over the issue to the Chamber of Commerce. He reminded Mr. Wilson that the Billboard Committee of three includes the City Manager, City Attorney, and member from the Chamber of Commerce who make recommendations to the City Council. Mr. Hill said the billboard effort is positive, he was taken back with what seems to be a slap, and asked Mr. Wilson which is it. Mr. Wolff asked for a point of order, noting it is unhealthy to go back and forth with speakers, Mr. Wilson had his three minutes, and the meeting should get back to business. Mr. Wilson asked to answer Mr. Hill and said he has written thousands of stories for a private news service in which there is some history between him, the Chamber of Commerce and the Tourist Development Council. He pointed out the City has shown great leadership in the billboard campaign which the Tourist Development Council has not and he came to give the City Council information before they made their decision. Ms. Coy asked him if he submitted a consulting fee or bill for this information. He said he did not. Damien Gilliams, 1623 US Highway 1, thanked Mr. Wilson for coming to provide the information. He asked Council to table the item and not demean people who offer information for free. Cindy Falco, Sebastian, concurred with the last speaker. Mayor Gillmor thanked Mr. Wilson for bringing things to their attention such as the illumination. He said spoke to the owner of the billboard on circle page 33 who has three billboards available north of Route 60 for $1,000.00 a month but he did not think it included the vinyl. Mr. Wolff said illumination is important to talk about, he could counter the non- importance of displaying the website, and it is just as important to target people coming from the south who are looking to relocate to a smaller town. The City Manager said the illumination came from a previous conversation with Council, he offered to go either way and he was trying to show Council where the boards would be going and what they would be paying for. Mr. Wolff pointed out the billboard is only used part time if it is not illuminated. /Z 4 Regular City Council Meeting June 24, 2009 Page Five D~/-1FT 7:23 pm Mr. Hill said the people driving up and down 195 might influence families looking for a place to stay and he hoped the Committee weighed all of these factors, he wanted to see billboards on 195, and people will look up Sebastian on the Internet when they arrive home. Ms. Coy said her first observation is attractiveness, when she sees the Dairy Queen board, she sees all the wood underneath it first; she reads the newer, illuminated boards and asked that we have a little bit of class. Ms. Simchick mentioned if the billboard on circle page 31 can be raised up and illuminated, it would be good. Ms. Coy said she is not interested in that billboard. Mr. Wilson said the billboard to replace it is lying on the ground awaiting permit approval by the Dept. of Transportation; it would be 25 feet higher but not installed until the permit is received. Mayor Gillmor said whatever the City does, it should be excellent, and he would love to get three signs for the same amount of money. The City Manager said Council could double the output with the sign depicted on circle page 31, and asked to be cut loose to get as much bang for the buck. He said the sign near Indrio Road is a higher quality, he has been noticing the billboards on 195, the City should do it right and spend a little more money. He said the production cost is included in the transmittal costs. Ms. Simchick said she would want to scoop up the Dairy Queen sign, and see how it does during the year. The City Manager said close signs are important but quality is needed for the Miami traffic. Mr. Wolff said the artwork is nostalgic, not a contemporary look so it would not be the end of the world to start out humbler, closer to Sebastian. Mayor Gillmor mentioned three impressions going 80 mph is better in the advertising business. 7:39 pm The City Manager confirmed the consensus was to have three. Mr. Wolff clarified three signs, and those that are close are paramount. Mayor Gillmor suggested Council move to content and displayed the Paris Productions slogan on the projector in which the man has on a tee shirt and long sleeves, the lady has long pants which suggests it is cold in Sebastian and you need a lot of clothes to go to the beach. In response to Ms. Simchick's question regarding targeted demographics, the City Manager said the Committee tried to show Sebastian's crown jewel--the river, show fun, show family, and warmth. t3 Regular City Council Meeting June 24, 2009 Page Six DRAFT Mayor Gillmor reminded Council the more billboards they have, the more concepts can be displayed and he displayed on the overhead the previous slogan depicting pelicans with the message "Join the Crowd" done by the City Manager's wife. It was the consensus of Council to change out the photos of the Paris Productions slogans. Ms. Coy pointed out that since Sebastian doesn't have any beaches, they should probably not use beach scenes. Following further discussion, Mr. Hill confirmed the following pictures and slogans: pelicans -Join the Crowd fishing boat -Play in Paradise sunrise in the puffy cloud background -Unspoiled Paradise Ms. Simchick asked to be sure the language "next exit" be used. The City Manager said the closest board to Sebastian will be adjusted. Mayor Gillmor reminded Council the boards are changeable. The City Manager clarified that he will send out an a-mail as to what depiction will go where and if he hears from a Council Member he will re-agendize the item. 11. 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. Damien Gilliams, 1623 U.S. Highway 1, suggested a billboard for the bikers that patronize the businesses on Indian River Drive; congratulated Chief Davis and Karen Park; said two police officers displayed empathy and were polite at a recent Indian River Drive accident; thanked Mr. Wolff for outlining the charter officer evaluation process at the last meeting; discussed each officer's evaluation; requested a citizens academy and grant staff again for the City. Kristen Beck, Kayaks Etc., 1671 U.S. 1, said there weren't any kids in a recent state kayak competition and this September there will be a free kids kayak program that can take place in the County's north conservation area park. Ms. Coy suggested they receive launching permission from the County. Ms. Simchick said that would be a great, inexpensive activity for the Boys and Girls Club and invited Ms. Beck to contact Mr. Jay, Director of Operations for the Club. Mayor Gillmor offered to contact the County for any kind of permission that might be needed. l~f 6 Regular City Council Meeting June 24, 2009 Page Seven 12. NEW BUSINESS 09.086 A. FLC Annual Conference 45-50 (City Clerk Transmittal, Letter, Form, Outline) Designate Voting Delegate Resolution Proposals The City Clerk said this is discretionary and explained the Florida League of Cities letter. Ms. Coy nominated Vice Mayor Hill, and Mayor Gillmor seconded the nomination. There were no further nominations. Ms. Simchick said she would like the resolution adopted by Council expressing support to include the Collier Creek Project in the Indian River Lagoon initiative bill to be considered by the Florida League of Cities. The City Clerk said she would submit the resolution. 13. CITY ATTORNEY MATTERS -none. 14. CITY MANAGER MATTERS -none. °~" .~_` a ~~ m~ ~ ~ I 15. CITY CLERK MATTERS -none. 16. CITY COUNCIL MATTERS A. Council Member Wolff -none. B. Manor Gillmor Mayor Gillmor said he spoke to the City Manager during the break regarding an available grant from the Treasure Coast League of Cities to aid in the League's effort to bring citizenship back to the community. Ms. Coy asked that the City apply for it and beef up Student Government Day in October. There was no objection. 8:27 pm Mayor Gillmor said we are under utilizing Channel 25 which can be utilized for economic development and promoting the City, however the MIS Department doesn't have the necessary equipment to do this. Ms. Simchick said she was surprised to see the Mayor's recent public service announcement (PSA) and thought the PSAs should be by done by the City Manager or the Police Chief. 7 t5 Regular City Council Meeting June 24, 2009 Page Eight DRAFT Mayor Gillmor explained that funding for promotional videos could be obtained from our Comcast contract which states Comcast shall provide 84¢ for each home utilizing its service. The City Attorney advised that he has looked at the contract; we need to get an accounting to see if we have received the household fee or received an in-kind fee but he cautioned that the Telecommunications Act did away with most of the allowable fees that may be charged. He said he would get back to Council as to what the City has received. Mr. Wolff said only Sebastian residents can view Channel 25, but it was worth looking into to increase economic development. He suggested holding a YouTube video competition. C. Vice Mayor Hill Mr. Hill said he thought the YouTube competition was a great idea and he didn't have any problem with the Mayor making and airing public service announcements. D. Council Member Coy Ms. Coy reminded the public that with the new technology available, there are folks that choose to use the Internet for not-so-nice purposes and she reminded everyone that you might not be as anonymous as you think and cautioned the public. E. Council Member Simchick Ms. Simchick said the Hardee Oak has really been brought back to life and asked the City Manager to make sure it continues to receive nutrients. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:42 p.m. /~ r~ ~~ ;? ~~~ _ ~ . S JLd]~'f4~ ~~tl E .E.~SblF1~4'~ ~j.3'~.IkIY CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Indian River Drive /Main Street Agenda No. ~~ , n~ (~ Improvement Project: Change Order #6 Approved for Submittal by: DepartmentOrigin:_!~? Department Head:C~~~ ~„~ Finance Director• ~.~ ~` ,/ ,~ K- ~ City Attorney: City Clerk• Y~- Al Minner, Ci Manager Date Submitted: June 29, 2009 For Agenda of: July 8, 2009 Ezhibits: Summary of Change Orders to Date Change Order #6 EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: $0.00 CRA, FWC & FIND $23,021.22 2,774,626 Grants and RIF SUMMARY The Indian River Drive /Main Street Proj ect is coming to an end, and the scope of work did not include removing an existing catch basin and replacing it with a new one along with new piping and Swale re-grading between Pelican Pub and Jefferson Street on Indian River Drive. This was not taken into consideration by the consulting engineers, because the above mentioned work was outside the area of construction for the new parking area. This work is necessary since the existing catch basin and associated piping is deteriorating, resulting in flooding to that part of the road. The Public Works Department requested a cost estimate from H & D Construction to remove and replace the catch basin, new piping and Swale re-grading. It is necessary the H & D Construction complete these repairs since these improvements will tie into the drainage system they installed. The cost from H & D Construction for this work is $23,021.22. The Contractor can complete this work within 15 days. Project funding is available and no appropriation is necessary. RECOMMENDED ACTION Move to approve change order # 6 in the amount of $23,021.22 and allow H & D to complete the requested work immediately north of the existing scope. ~1 ie Indian River Drive Main Street Project Summary of Change Orders to Date As of June 29, 2009 Initial Contract Price $ 1,193,903.02 C hange Order Cummulative Cumulative Amount 29 955 14 $ Amount 29 955 14 Percentage 1 25% Description Added pipe liner, deleted water main deflection and one water service. Change Order #1 Change Order #2 $ $ . , 2,233.00 $ . , 17,188.29 . 1.44% Added costs to relocate power pole. s i Change Order #3 $ 15,703.10 $ 32,891.39 2.75% . ng space Approved by City Council 2/25/09, added Chamber park Change Order #4 $ 4,912.60 $ 37,803.99 3.17% 85% Added installation of drainage pipe. pavement, irrigation and sod work. sidewalk es to curb Various chan Change Order #5 $ $ 8,114.81 22 021 23 $ $ 45,918.80 940.02 68 3. 5.77% , , g Replace catch basin along with new piping and Swale work. Change Order #6 . , , Updated Contract Price $ 1,262,843.04 ~R C17Y OF } ~`` HOME OF YEL[CAhI ISLAl+1D CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: 6 PROJECT NAME: Indian River Drive and Main St. Improvements PURCHASE ORDER #: PROJECT #: CONTRACTOR NAME: H & D Construction PHONE # 772-429-1620 Company, Inc. ADDRESS: 1803 S. 25"' Street CONTACT NAME: Michael DiGiacomo Ft. Pierce, FL 34947 CONTRACT DATE: January 20, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. This change order is not part of the original scope of work for the Main Street Indian River Drive Improvements but was requested by the Public Works Department to resolve an existing drainage problem between Pelican Pub and Jefferson Street. It includes removing an inadequate existing catch basin, adding two properly sized Type "C" inlets and associated piping and reconnecting to the existing drainage system on Jefferson St., regarding swales and repairing disturbed driveways. A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 1,239,821.82 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 23 021.22 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 1,262,843.04 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) 188 days NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) 203 days NEW COMPLETION DATE INCLUDING THIS CHANGE Aug. 12, 2009 AGREED: CONSULTANT: as to engineering Date: Date: Authorized Signature Authorized City Manager Approvals By City of Sebastian Staff: -City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order. -City Council Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order. (Meeting date 07/08/09) CITY OF SEBASTIAN: City Manager City Engineer Finance Director City Attorney Za CITY OF SEBASTIAN: Date: as to budget Sally A. Maio, MMC, City Clerk as to legal Change order N ~ Q CUNSTRt1CTlON GO. lF1C. GENERAL CONTRACTORS liC. ~ CGC Q62943 UNDERGRQUND U71LiTY S EXCAVATION L1C. # CUC1223748 TEL' 772.»29.1626 FAX: 772.829.162£ Dais: QN10109 Rroject: irtdian River Drive and Maui Street t.ocatfon: Sebastian Contractor: City bi Sebastian Attention: Joe Schulke Ph. hie.: 772770.9622 _ _~_- Fax No: 772770.9496 Item hla. -- -- Descri 'bn ~ Rriee Quan ' Unit ' - Total Extension -- i '- 2 3 AAUT . - Remove Exsstin Structiin~s ancf I'i - T C Inlets 175x.00 1'500.00 220x.00 1 1 2 L5 EA EA $ _____ 2,150.00 _ $ _ Y 1,5aa.00 S _ ~,$00.6fl 4 5 _ 15" ADS -_ Gannett bo Euistin Mt1 ~ --- __~- 32x0 900.80 170 _ 1 ~ l.f EA t 5,446.00 $ 900.00 _ 6 7 ~, As halt Drivewa __ -_-- As belt Drivevva 1st Street 23.00 36.00 103 45 $Y SY $ 2,389.00 $ 1v44v1,620.00 ~~ a ~----- i 9 _._._ _..- sbe _ Gradin ____,-. a.2o 1000.00 23aa 1 s~ l:S 47s.oo t S 1,000.00 10 React Utilities -- -- i 2750.00 i I.3 Total $ 2,750.00 $ 22,205.Oa I ---- -- - - - - -- ~--------- ~ ---..~.-_. -_ ._____.------ _ _- ___ _ ._.. - ~ _ Tatat $ 22_~ 68t^~00_ll , - - ---___--- ~ -.--- -- T------~ _ i -- t~ l ---- -- ------------ -- - - ------ _ _ ---------- ---- ------ -- ----- -- - ~_ ---- - ~ ---- --- ----- -- ---- --- _ -- -------- "~1 t f2 Bond -------~----•-- Total Change 4rdar _ $ 348.22 I ~tl ~~ - i $ 23,021.22_ M[lVC-1116 (~C1i 1111 fIM:V 11ddt11Gi131 MOV@-inu !~.i` S2.5UU ~:• 2~ zz O ;' '` \' \ ~ ~ .\ ~ CONC. HEADWALL \ ~ , \ ~ r`,2 \ ~ \\ 'f• REFUR61Sti STOP ~ ~ EVJt AND EDGE UNE \ _ ~ STRIPE AS REOUiRED \ 1 RElA04EHEXtSi. PIPE (SOUTH) ..~~ ~, ;' ~ y NEW FOP EL ~ ~ ~Rax z.2 - ~ ~, , coNSr. 4o f ; ,s' '~ro° ~t " NIfT ' TOP EL .40 INV. EL .90'-~ SAW CUT AS NEEDED TO CONNECT NEW DRApJAGE PPF~ \ BRICK1AIORTAR WATERt1GNT _ i ~yI ~ UT1ES PRIOR TO CONSTRUCTION, vE EXISf.\ ~ ~~ C4HStRU_GItoH_AS_~S~S,,SL~fT- I CA IN All~l ~ 12 DRARIAGE ~ I - 1~~ 12' \ 1\~ `~ ' \ ~ \~ ~ J" ~ ~ ~ \ \ ~~ ~~ ~ \ \ " ~ \ \ ,~~ 90 ~ ~ ~ ~~~ `, ~~I / \~ , ~`~' --APPROx. LOCATION ' ~, 7.io ~ ~ ~ Of EXIST. WATER ~ ~pVL' ~ ~ ~ ' ~ i AWN i ~ / \ ` /~ ~ T-~ CO` \ 130 lF ~' ~ ~ ~ ~ ' ' l 15"~ ,i POWER POLE / . / ~ 24 "~ ~D ~P3 g5 X. LOCATION \ \ F.M. ., `, ,. ~ r \ 76" lE AND ~ `•~~ ~ \ =CT --CONSi. r REQUIRED .,R _j 14 ~ N . ~ ~4 ,. ' ~ \ t. T STATION ~ - - * ~ \ ~. \ ~ ~. ~ ~~ ~ :~ APPROx. LQCAnoN of Ex ,,.- - ~'~ ~ \ \\\ WATER SERVICE_ LOCATE ~ , ~, : ~ ~ ~"S" l' \ \ \ DEFLECT/REGDN5f. !lS D 1`Jf~E31V PIPE , ~,\ \\ REQUIRED - - • // i ~~~, T `\ ~'. ~ \ '~ TYPE 'C' ` ~ • ~ iOP EL 6~0' i 2( ~ ~ , , `` ~ ~ INS( EL 425 -` ~ ` "y , d _ ~ ... ~ ' -' :, '~~ t~, ~~ ~ ' ~ ~-,, - . - ` ~ APPROx. LocAnoN of ExlsT. ! - .. ~~ MUTER SERVICE LOCATE AND J . ~'~. DEFLECT/RECONST. AS J - . REQURED ~~ \ \~ ~__~ r i r~ ~ ~ ~ ~~~~ ~~ _. CITY OF SEBASTIAN AGENDA 'I~RANSMITTAL Subject: 1/a Round Installation Agenda No. (~9 .. (v~ Approved for Submittal by: Department Origin: Pi blic Works , Department Head• _ n,~.~ ,~~~,~, v /~ ~ Finance Director: ~ e.,~.~1 City Attorney: Al Minner, C' Manager City Clerk: ti!t Date Submitted: June 29, 2009 For Agenda of: July S, 2009 Ezhibit: Cost breakdown EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: PROPOSED: BUDGETED: PROPOSED: DST $200,000 $522,720 $200,000. SUMMARY The Public Works Department is requesting a transfer from the Blossom Ditch Stormwater Capital Project Budget in the amount of $200,000. The '/4 Round Project for this year will be short the necessary funds to complete the section currently being worked on. The reason for the shortage was additional money transferred to complete the '/a round in phase two and three of the Easy Street Project and '/4 round installations on Larkspur Street, which was not anticipated this fiscal year. Therefore, in order to complete phase three of the section we are in, additional funding is needed. We are requesting a transfer from the Blossom Ditch Project in the amount of $200,000 to the '/4 Round Project. According to the Finance Department, both the '/4 Round Installation Project and the Blossom Ditch Project are funded by Discretionary Sales Tax (DST), and these funds can be used for either project. The project shortage is $159,424 however; we are requesting $200,000 to allow for contingency of any unforeseen obstacles which may occur during the completion of this section. Any funding not used will carry over to next fiscal year '/4 Round Project. At this time, we have no plans to improve the Blossom Ditch and the funding can be reestablished at a later date when it is determined what we need to do at this location. RECOMMENDED ACTION Move to approve the transfer of $200,000 from the Blossom Ditch project to the '/4 round project in order to complete the current section. Z3 24 E~II-IIBIT COST BREAI~OWN Following is the cost breakdown for the additional funding requested for the Phase 3 of the'/4 Round Project: Phase 3 Barber St from Clermont to Rosebush Associated Concrete Work 12,141 LF @ 15.95LF = $193,649 1,520 LF @ 15.95LF = 24,244 = 15,000 Total to complete $232,893 Current Project Balance 73,469 Shortage $159,424 Contingency 40,576 Total Requested $200,000 z5 z~ --1y i ~T ;~ r ~.~ ~ _ _ i --.~ '~' CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Alcoholic Beverage Approval for Agenda No. (~ Q , l ~ ~ Esolen 30th Anniversary Party at ~/~,~~~ Department Origin: Community Center Finance Director: Approved for Submittal by: City Manager City Attorney: ~ City Clerk: ~ ~`' /~ - Date Submitted: June 30, 2009 Al Minner For Agenda of: July 8, 2009 Exhibits: Receipt and Copy of Rental Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None N/A REQUIRED: None SUMMARY Cindy Esolen is seeking Council approval to serve alcoholic beverages for an anniversary party at the Community Center on August 15, 2009 from 4:30 until 10:30PM. Staff has verified applicant's date of birth. They are expecting 100 people to attend the party. RECOMMENDED ACTION Move to approve alcoholic beverages at the Community Center for the Esolen Anniversary Party on August 15, 2009 from 4:30 until 10:30PM. Z~ Z8 C1iY Cif ~~ CITY OF SEBASTIAN RENTAL PERMIT APPLICATION HOME OF PELICAN ISLAND DATE: _u,e~. 1~Z~ ~l COMMUNITY CENTER ~ YACHT CLUB NAME OF PERMITTEE: l ~ SO L..~~ (~ ~- i - o~ 1 , ADDRESS OF PERMITTEE: ,7j q ~ M0. n S~ S,~~jc~5~--~,~-L, No- Street City PHONE # 77Z 3~8 v.so$ MAILING ADDRESS: _ 3 ~ 3 ~, ,~ S i Se-b ~ ~ L~S~ NAIvIE OF GROUP OR ORGANIZATION: l~i,~ iv `,~~ . ~ ~Il~ i~L'.t v 1 tii_,: ~ ~S '~~ h t~li'E'.~T". ~ -- ANTICIPATED NUMBER OF PERSONS ATTENDING EVENT: lop ]f more than 75 attendees, extra duTy police officer services are required -> (R-02-47} REQUESTED DATE: ~-u.u, / S'~` ZC.~ TIME: From: ; j G To: JU: 30 PLEASE ANSWER YES OR NO 1. Are You a Resident of Sebastian? e~ 2. Will There Be An Admission or Door Charge? ~ 3. Will Alcoholic Beverages Be Served? ~ (a) if answer to #3 is Yes, Permittee's proof of age:~~ - Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be charged for a dishonored check per City Resolution No. R-96-41) OF~1CE tJSE ONLY DATE PAID SECURITY DEPOSIT .............. RENT . ...... . ..................... 7% TAX ........................... POLICE OFFICER SERVICES Alcohol Beverage Request $250.00 ^ APPROVED Police Department Agreement Confirmed (if applicable) Office Use Only Rent ............... $ _ Non-Resident.. Total----•-----•-----$ Tax..-•-------------- P. O. Services Total .........:. .... $ RECEIPT NO. INITIALS ^ DISAPPROVED Date. Key Pickup Date: Key Returned Date: Security Deposit Returned By City Check# For $ On: Zq TO RENTERS OF SEBASTIAN COMMUNITY CEN'T'ER OR YACHT CLUB: «~=~~tr3 A deposit of two-hundred fifty dollars ($250.00) for cleanup must be made with the application. This deposit is refundable,if the building is left clean and undamaged by pernuttee_ If cleaning or repair is necessary by City employees, this deposit or a portion of the deposit-shall be forfeited, based on information supplied by the superintendent of buildings. ~~,~~ ~ . Sally A Maki, CMC ,'^,~~ l:rty (aerk i, p::rruirtee for said premises, have read the rental rules gulations and agree to all the conditions listed. Furthermore, I understand that neglecting to cyan the premises in~unediately afterward will result in forfeiture, in part or full, of the security deposit. (,~ - !~~° Date 30 . _ .~ ~a.:~ ~~, ..: ~ ~~ ~^ ~de~n~~ ~~~ ~'~fae~n ~s1A~t~r~ ° `~ ~ ~J . City of S~bast-ian !VIuni~ipal l?olice D~pax~tlaaent Application for Police Egtra-Duty Officer Services , This application is required to engage extra-duty services of the requested number of Officers for public safety, health and .welfare services, that are in addition to those provided genera]]y to the public It is understood that this is anon-binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice-prior to commencement of the detai], will resu]t in three (3) boors minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. """` (3) Hour Minimum Per Each Officer Required"'~~ Rate Perflour For Each Officer ..............$30.00 Rate Per Hour For Each Supervisor...........$34.00 Rate Per Mile For Each Vehicle_..._._..$0.45/57.00 Minimum (Applies to on-site utilization of vehicle) •=Y,'- ~° ~sa(~„ Mailing:Address: ~`'f ~ /VLF-(`;w g r" City: ~k•'~.~b~-Cr~--~ State: f~L ZipCode: 3~95~' Requested By:~-arty ~'~' S~b~s-~c~-z,-y Telephone Numbers: ~ 7L 3~`$ -O~i D$ Number of Officers required: In Uniform: Plain Clothes: Starting Date: ~ ~~ ~ Ending Date: ~' / 5 ' C.~ Starting Time:_ ~ ~ U © ~ ~ Ending Time: r (} ; (~~ ~ 7iJ1 Services Requested: r tJ~.~'~- D~~ ~~~~~'1. ,5-e-v c~u ~~ Service Location:_ ~ t ~~.5-~-, ~ LU+M wt-~.e,,.L~~ j G ~ t,~~:" Estimated Attendance: /fX~ Alcoholic Beverages Served: Yes ~ Z No Otber Comments or Duties: G1- ~ G~hc~` ~.~,.,,~s ~,_ ~ Qy~ ;n ,F, tib ~ 7cz- I ~ .~ Co~t.~. ~~ ~ '7 _ ~ - 0 c( (a-t~l-~ Date Received Reviewed By Lieutenant Officer's Signature Officer's Comments Date Worl{ed Time Worked 31 Applicants Signature ;~1~ ~y FINANCE DEPARTMENT RECEIPT ~ `~" C I, _ .. Name (,~~~,~~> ~-(~-~~e'!7C..-' Date Cei' / ~ ~'~~ 001001 208001 001001 220000 001001 220000 001501 322900 001501 329500 001501 341920 001501 351140 001501 354100 001501 342100 001501 359000 001501 362100 001501 362100 001501 362150 ^ Cash [Check # ~ ~l Sales Tax Security Deposit-Com.,Center Security Deposit-Yacht Club Garage Sale Permit Alarm Citation Copies Parking Citation Code Enforcement Fines Police Security Services Other Fines/Forfeitures Rent-Royalties/ Com. Center Rent/Royalties/Yacht Club Park Rent/Pavilion/Elect 0015 1 369900 Other Mi cellaneous Revenue / // t Amount Paid ~~ n ~'~ = '" ~~ ~' Total Paid 1 ~-~' Initials White -Dept. of Origin Yellow -Finance Pink -Applicant 3Z FINANCE DEPARTMENT RECEIPT ~ `~ (~ Name ~-~ l'`-~ ~"~ ~ Jt'~ L"~.F~ ~ Cash Date ~ ~` ~ heck #~ i ` _ Amount Paid 001001 208001 001001 220000 001001 220000 001501 322900 001501 329500 001501 341920 001501 351140 001501 354100 001501 342100 001501 359000 001501 362100 001501 362100 001501 362150 _001501 369900 ~-~5- Sales Tax ~U ~~~ Security Deposit-Com. Center Security Deposit-Yacht Club Garage Sale Permit Alarm Citation Copies Parking Citation Code Enforcement Fines Police Security Services ~~ ~ ~ o Other Fines/Forfeitures Rent-Royalties/ Com. Center Rent/Royalties/Yacht Club Park Rent/Pavilion/Elect Other Miscellaneous Revenue a~ C.,c z ~~ ~ ~ Total Paid ~'~ "' ` U Initials White -Dept. of Origin • Yellow -Finance Pink -Applicant cnr ~ i !{GNIE bf ~ETdCRN TSWdt} Subject: Fill Expired Regular Member Position on the Natural Resources Board Agenda No. (~ 9 , U (7 '°. Department Origin: City Clerk's Office Approved for Submittal by: City Manager ~: AI Minner City Attorney: Date Submitted: 6/29/09 For Agenda of: 7/8/09 Exhibits: application, board member list, ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT I Ms. Graves' regular member position on the Natural Resources Board has expired. She would like to serve again and is eligible to do so. There were no other applicants. RECOMMENDED ACTION Interview, unless waived, and nominate Ms. Graves for another three year term that will expire July 1, 2012. 34 e~Sap ~ 2 ~ 2308; 9:51Ptib725fkLRRRY LANDSMAN M D PA czTY ol= sESASTZArt any HOME p~ PELtr11N 1fSLAND NAME: 1Siu ~I I'1 G r~~~. HOMEteCa©RESS: ~~~`,rr-~. ~YII~'.~~E~~ HQME PHONE: ~~ -~ ~~ HOME FAX: No ~ 5378 F . 2/3 e2 E-MAID.: m~ ~Ear-~-2L1 ~ ~~.11 s ~ . - BUSINESS:'(-'~ ~ ~} W}-~ ~~ ~ ~r7r~ ~a BUSINE SS ADaRESS: ~jg-7 ~'~~~ ~- ~ !~~ ~.1 ~ r~ 1~e.~Gh, ~L ~2q~ BUSING 5S PHONE: ,5~j~•~'7~' - USINESS FAX:~~,2."73-MAIL: ~.._ _. ARE YC U A RESIDENT QF THE CITY OF SEBASTIAN? y HOW LONG?~~ ~' DO YO!CURRENTLY MOLD ANY PUBLIC OFFICE? h~ l70 YO! PRESENTLY SERVE ON ANY OTHE!"t CITY BOARD OF: COMMITTEE? WHICH 30ARbS/COMMITTEES? E.-~~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE 1NTEREETED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: ~ %NART>;R RE1ltEW COMMITTEE (serves only 6 months ~ry 5 ymars .meets next fn 2091 } %tTl,~I=NS BLiDGE7 REVEEW ADVISORY BOARD (temporary- meets curing sup»mer) ~ %ONSTRUCTION BOARD (palmell8r)t boeld -meets once a mdn(h)" I IANDICAPPED SELF-EVALUATIQIV CbMMITTEE (pgrmenanf boerrJ--meets q~artedy) PLANNING ;4Nr~ BONING GdMMISSION (p®rmairent t~vard ~ meets Mice a month)". I'pl_IGE RETIREMENT BQAF~p pF TRUSTEES (permaner-f st8tutoryb~hgn-l--meets quarterly)" 1'ARaLS & RECREATION AaV190RY COMMITTEE (permanent board-meets once a month) _„~~,~,_I lATURAL RESQUFiG1=S BOARD (permanent bosrrl -meets once a month] _ .__~ ITHER TEMPORARY COMMITTEE Cd apptiCebte} _ (UYRITls 1 C.OMMIT'fEE NAME) ~~iltnp olllr 1xia1 disclosure is requlr~d t011owtng appoinlmgrn 35 0<Sap. 2. 2308; 9:58PM~725fkLARRY LANDSMAN M D PA CITY OF SEBASTIAN No•5318 F. 3/3 03 ApPLIC ABLE EDUCATEON ANDIOR EXPERII=NCE: (a Brief resume is required) .~ an-.~ Flor'Id~ n~f~le. end haue ~njoyer~ dc.,~i-~~-r ~~t a.I-F1~ al 1 my 1i ~.,~C..~S !"d1~3~ -,-~ dry en~ll rornerr ~i~_1Q~.~ -P~m-1~ -~' s ii~~l' e~nU ~on_~he ~~me c.~~, HOW W OULD YOUR PERIENCE BENEFIT THE BOARO YOU'RE APF~LYI C FOR? ~ ~-~ depE ble. ~ c..~rk ham,,-rsl.~ at-Y-, ~l~p a lor~ t~rr,~ r ~clen-}- t.~r1-~-~ ~pncerr~s ~ rdec~5 ~I~c.~ ho~..- Ex.., r Shoc,.~fd ~ rOc~7. C~•-~~~i t~ trtP rn 1h1; z ~ ~~ m e ~ ~+he ml~f-~~s r -~~,~, ~4~h~ LIST A~ IY ADbITlONAL QUALIFICATIONS TQ SERVE CAN OAF:D OR COMMITTEE: ~ ~~~ ~4G-'~' I~ I e 1Y~'m(~er- p~ - f -h e ~v ~ C.I U~ CY't~ rr~ Derr fir' ~'p''~e n . ~ rri t lyy 1'>~rr~ I p e.~,/~ ~~ t'" ~ ~"~'.L ~i'2.t~ ~ p~ rf=5 . , kayak ems ~. ~1er~,, m~Y, Inter n~.-~- ~ c~r~h ~~y-z have cr~:Fty'~ ~ ir, ~~r~ ~ HAVE Y aU EVER SEEN CONVIGI"ED•QF ANY F c ELONY f N THIS OR ANY STAZ E7 I~'ii'~ .HAVE Y ~U EVEN BEEN CONVICTED OF ANY MI$DEi18EANC3R INVdL.~1NG McaRAL TUI~PIT JDE IN THIS OR ANY STATEI j~~ WOU~.D YOU CONSIDE[~ SERVING ON A BOARb OTHER THAN THE ONE(S) :ELECTED ABOVE' ~ I hereby cer ;fy that ! am qualified to hold the posiiloti for which this apprrcation is made_ ~urthar, I hereby authorize the Cily of ~ abastian tCl Investigate the truthfulness Of sll ;nformat;on whk:h I have pr~v)d®cl fn this appiicatlon. E understand hat any mtsrepresentatran or omission of Infon~tion requested in Uus applb8tfvn is ceusE-tor disqua~iicat on. I have been provided with, read and understand City of Sebastian Gode of Orr~nana~ Sections 2-166 thr0U9h 2-i73 (attach8d). nformation rel2t'NA to a Specific board or committee Is avafiable if n3gcae:sted. Apps; nt S;gnature ~ t>ubscrSbed and sworn to before mo this day of _ ~ _.. ,~.. .. •. who is personalty known to ~ ma, or h;~s produced es;dETttlfCatiort. ~~ Notary l~ubli ;, State of Florida Ply ease return to Office of the City Clerk, 1 ZZ6 Main Street, Sebastian, FL 32866 -(772) 5Ba533p ~v-~p-formlapF (icata^'Pd rev. 7'I2007 .~ ~ NATURAL RESOURCES ADVISORY COMMITTEE (, Lynn Albury Term expires 7/2011 1666 Seahouse Street Sebastian, FL 32958 589-0037 Robin Graves - V. Chair Apptd 9/24/08 Term expires 7/2009 525 Michael Street Sebastian, FL 32958 Mugwort2u@bellsouth.net 589-0418 Ken Grudens Apptd 9/24/08 Term expires 7/2011 931 Starflower Avenue Sebastian, FL 32958 kengrudens@bellsouth.net 581-0272 Vacant Term expires 7/2010 Barbara Salmon Apptd 5/13/09 Term expires 7/2010 836 Mulberry Street Sebastian, FL 32958 salmonb@bellsouth.net 581-9280 J. Scott Nelson Apptd 6!10/09 Term expires 7/2011 426 Park Avenue Sebastian, FL 32958 Scott-Nelson@harris.com 918-8307 Eric Spokas Apptd 6/10109 Term expires 7/2010 131 Bellamy Trail Sebastian, FL 32958 drspoks@aol.com 918-8137 Vacant (alternate) Term expires 7/2011 Vacant (alternate) Term expires 7/2012 37 cnv ~~ SE~~T~~I ~..~ 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 7/2012 Alternate Member -Term to Expire 7/2011 Alternate Member -Term to Expire 7/2012 Parks and Recreation Advisory Committee Regular Member -Term to Expire 5/31/2012 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. 38 cm ~ S~E~r~,~,~y HOME OF PELICAN ISLAND C:1tY OI a@UaSL1aII~ r lOticid Subject: Second Reading and Public Hearing of Ordinance 0-09-09; petition for Voluntary Annexation by James Mustacchia fora 3-acre parcel of land located west of U.S. 1 between Shady Rest Mobile Home Park and St. Sebastian Catholic Church. Agenda No. QQ. ~ ~ ~ ~ Department Origin: Growth Mana Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Approved for Submittal by: City Manager Date Submitted: June 30, 2009 ~, ~ ~ For Agenda of: July 8, 2009 Al Minner Exhibits: Ordinance No. 0-09-09, Location Map, Staff Report, Letter of request, GM memo EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY Mr. James Mustacchia has submitted a request for annexation of his 3-acre parcel of land located west of U.S. 1 between Shady Rest Mobile Home Park and the St. Sebastian Catholic Church. As such, the property is bordered on three sides by the City of Sebastian and on the fourth side by U.S. 1. Mr. Mustacchia has also submitted applications for a land use change and rezoning. If annexed, the requested land use is Riverfront Mixed Use (RMU) and the requested zoning is Commercial Riverfront (CR). Because the parcel is less than 10 acres, the Department of Community Affairs review of the requested land use change is not required. At a public hearing held May 21, 2009, the Planning and Zoning Commission recommended approval of the land use and zoning changes for the property. Also, staff recommends approval of the above referenced annexation, which is consistent with the goals and objectives outlined within the Comprehensive Plan and Land Development Code, and the same land use and zoning as that approved for the Shady Rest Mobile Home Park. Please see the attached memo from Growth Management regarding the offer to waive fees. RECOMMENDED ACTION "Move to approve Ordinance No. 0-09-09." 3~ 4D ORDINANCE NO. 0-09-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James Mustacchia, owner of the property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit "A" as shown on the map within said Exhibit "A", containing 3 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of ~I- f Indian River County, Florida, and with the Florid~i Department of State within seven days ~z of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: The Mayor Richard H. Gillmor Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Dale I. Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of 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 Exhibit "A" Page 1 of 2 f ~%' ~_ f _~- f ~, ,~ ~ f;: f,r Exh'tblt "A" ,, r, ,f ~: Description yl ~~~' That part of Lot 20, of WAUREGAN SUBDIVISION, lying East of Wauregan Ay~nue West of U.S. Highway No. 1; LESS the West 200 feet thereof, also described as fo{lows: Begin ~at the Point of Beginning formed by the intersection of the Westerly boundary of U.S. Highway No. 1, with the Southeasterly boundary of Lot 20, Wauregan; thence proceed Northwesterly along the Westerly right of way of U,S. Highway No. 1, a distance of 318,8 feet; thence proceed, Southwesterly along the common boundary between Lot 20 and 19 (Wauregan) a distance of 440.77 feet; thence proceed Southeasterly on a Ilse parallel to fhe Easterly right of way of Wauregan Avenue a distance of 315.19 feet; thence proceed Northeasterly along the common boundary between Loi 20 and 21 (Wauregan) a distance of 391.18 feet to the Point of Beginni ~ ;III in WAUREGAN, Fleming Grant, according to the plat filed in the office. of the clerk of the circuit court of Br /ar~ County, Florida, in Plat Book 1, Page 75; and refiled in Plat Book 1, Page 178 and '179, public Records f St. Lucie County, Florida; said land lying and being in Indian River County, Florida: Less and except road ~~ghts of Way, . . ;~~~ ~.._ ~~ ~ . f -~ ,~ ~f .~ i F ,,~~ f ~~ r~ rfj i ~f .y t, ~j~. ;l ~~ f 11 ~~f~ ~~t j!r !! if f 'i / ,~ IjJ IF jl i{ f! '` ' ,~F '~ 1': if ~{3 MUSTACCHIA ANNEXATION SURROUNDING LAND USE MUSTACCHIA ANNEXATION ~~ mvoF ~~.~r -- ~i HOME OF PELICAN ISLAND Growth Management Department Staff Report Annexation, Comprehensive Plan Amendment And Rezoning 1. Project Name: Mustacchia Property 2. Requested Action: A. Annexation B. Land Use Change from: L-2, (Low Density Residential, up to 6 units/acre) to: RMU (Riverfront Mixed Use) C. Zoning Change from: RM-6 (Residential Multi-family, 6 units per acre) to: CR (Commercial Riverfront) 3. Project Location a. Address: U.S. 1 between 13075 (St. Sebastian Catholic Church property) and 13225 (Shady Rest Mobile Home Park) b. Legal: See survey c. Indian River County Parcel Number: 30-38-21-00001-0000-00020.1 d. Acreage: 3 acres 4. Project Owner: James Mustacchia 790 Concha Drive Sebastian, FL 32958 (772) 388-9632 5. Project Agent: Laura Peterson 945 Sebastian Boulevard Sebastian, FL 32958 (772) 589-3054 fax: (772) 589-7557 ' 4~ 6. Project Engineer: N/A 7. Project Surveyor: Thomas W. Quesnel Professional Land Surveyor and Mapper 1060 Douglas Street, S.E. Palm Bay, FL 32909 (321)951-0665 fax: (321)725-0733 8. Project Attorney: N/A 9. Project Description a. Narrative of proposed action: James Mustacchia has made application to the City for annexation of his 3-acre parcel of land on U.S. 1 located between Shady Rest Mobile Home Park (to the north) and the St. Sebastian Catholic Church (to the south). The property currently has a county land use designation of L-2, 6 units/acre and a county zoning designation of RM-6. In conjunction with the annexation request, the applicant has requested a city land use designation of RMU (Riverfront Mixed Use) and a city zoning designation CR (Commercial Riverfront). b. Land Use: Existing (County): L-2 (Low-Density Residential, 6 units/acre) Proposed (City): RMU (Riverfront Mixed Use) c. Zoning: Existing (County): RM-6 (Residential Multi-family, 6 units/acre) Proposed (City): d. Adjacent Properties: CR (Commercial Riverfront) Zonin Current Land Use Future Land Use North: CR (Commercial Riverfront Shady Rest Mobile Home Park RMU (Riverfront Mixed Use East: CR (Commercial Riverfront Medical Office RMU (Riverfront Mixed Use South: PS Public Service Church site INS Institutional West: CR (Commercial Riverfront Shady Rest Mobile Home Park RMU (Riverfront Mixed Use 4~ ' e. Site Characteristics (1) Total Acreage: 3.05 (2) Current Land Use(s): vacant (3) Soil: Archbold, satellite fine and St. Lucie sand (4) Vegetation: Sand pine scrub (5) Flood Hazard: X (6) Water Service: Public water available (7) Sanitary Sewer Service: Public sewer available (8) Parks: Friendship Park - 1.25 miles (9) Police/Fire: U.S. 1 Fire Station - .75 miles Police - 1.25 miles 10. Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. Policv 1-1.2.2 General Pattern of Commercial Land Use of the City's Comprehensive Plan Future Land Use element states "In order to promote efficient flow of traffic along major thoroughfares cited in the Traffic Circulation Element, achieve orderly development and minimize adverse impact on residential quality, commercial development shall be concentrated in strategically located areas having location characteristics which best accommodate specific land, site, public facilities and market location requirements of their respective commercial uses." Staff note: This policy will be identified as Policy 1-1.4.5 in the revised Comprehensive Plan Future Land Use element.] Policv 1-1.2.1 General Considerations for Locating Commercial Development states "The location and distribution of specific types of commercial activities shall be determined based on the following considerations: 1. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off-street parking system, with landscaping amenities: 2. Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation and floor area requirements; 3. Compatibility with and impact on other surrounding commercial activities; 4. Relationship to surrounding land uses and natural systems; 5. Impact on existing and planned community services and utilities." 3 ~{9 (Staff note: This policy will be identified as Policy 1-1.4.6 in the revised Comprehensive Plan Future Land Use element.] The location of the parcel along a state arterial roadway (U.S. 1) supports the request for a commercial land use designation. The Riverfront Mixed Use designation provides for a mixture of commercial, residential, recreational and institutional uses in the Riverfront District. 11. Conformance with Code of Ordinances: The proposed rezoning and land use amendment is consistent with the Code of Ordinances. 12. Changed Conditions: The City of Sebastian has recently annexed the Shady Rest Mobile Home Park, and given it RMU land use and CR zoning. Future redevelopment of Shady Rest will be consistent with those classifications. The proposed land use and zoning for the Mustaccia property is consistent with the Shady Rest property and other existing developed property in the area. 13. Land Use Compatibility: In general, the area is developed commercially, with retail buildings like Wal-Mart and Home Depot, as well as medical and professional office buildings. Future redevelopment of Shady Rest will also be commercial. The existing residential land use and zoning (County designations) would be an unlikely use of this land. 14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public water and sewer is available. 15. Natural Environment: Future development of the parcel will be required to provide open space, landscaping and tree protection as required by the Land Development Code. 16. Economic Effect: The property is not within the corporate limits of the City of Sebastian. However, annexation will provide an additional 3 acres of commercial land area, which in turn creates an expanded tax base for the City of Sebastian. 17. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to commercial property and the availability of sufficient public facilities and access. 18. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to create a general pattern of commercial land use. The location of this parcel along a state arterial roadway (U.S. 1) and being adjacent to other commercial uses will facilitate orderly development within a growing urban service area. 19. Other Matters: The requested comprehensive plan land use map amendment is small scale (less than 10 acres), and will not be reviewed by the Department of Community Affairs (DCA). 20. Conclusion: The requested land use designation of RMU (Riverfront Mixed Use) and the requested zoning designation of CR (Commercial Riverfront) are consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. SD 21. Recommendation: On May 21, 2009, the Planning and Zoning Commission held a public hearing and recommended approval of the land use and zoning amendments. Also, staff recommends approval of the annexation, and that the annexed land be given a land use designation of Riverfront Mixed Use (RMU) and a zoning designation of Commercial Riverfront (CR). t ~~~~~ PREPARED BY DAT Si 5Z James Mustacchia 790 Concha Drive ~`.,~ , ~; <<~;;~~ Sebastian, Florida 32958 _ (772) 388 9632 ~,~.c~_. =~=~}a> .: T<~,..t~. James Mustacchia(a~Hotmail.com April 14, 2009 To Whom It May Concern: Please accept this note as confirmation of my permission to have Laura Petersen and John King, both of King Realty, represent me in having my 3 acre property on US HWY l in Sebastian; Florida annexed into the Sebastian City limits. I can be reached at the above number and a-mail should there be any questions. I can also be reached directly at a European mobile number: 011 49 173 7075136. Signed, James Mustacchia 53 KI G 4/15/09 ~.{ st APR ~. ~ 2009 Rebecca Grohall, AICP City of Sebastian Director Growth Management Department 1225 Main St Sebastian, FL 32958 Dear Rebecca: We are hereby requesting annexation of parcel 30-38-21-00001-0000-00020.1 (copy attached) into the City of Sebastian and are requesting a zoning change to CR with a land use of RMU. Per our conversation with Mr. Mustacchia, I understand that the city has agreed to waive all fees to annex said property. I have attached a letter of authorization from James Mustacchia, who is the owner of the property. If you have any questions, please do not hesitate to contact me. Sincerel , //, John A. King JAK:Imp Enclosures (2) MULTIPLE LISTING SEflVICE MLS 945 Sebastian Blvd. • Sebastian, Florida 32958 Tel: (772) 589-3054 Fax: (772) 589-7557 5y Cf1YOF r,~.- HOME OF PELICAN ISLAND DATE: June 30, 2009 TO: Al Minner, City Manager FROM: Rebecca Grohall, Growth Management Directo SUBJECT: Mustacchia Annexation This memo outlines the items we discussed regarding waiving the annexation fees ($3,750 total) for the Mustacchia annexation, a 3 acre parcel located along US 1 just north of the St. Sebastian Catholic Church, as an economic development tool. With the annexation of Shady Rest Mobile Home Park, the Mustacchia property is surrounded on three sides by properties within the City limits. Through annexation, the City has the opportunity to control the future development of this property. While processing the Shady Rest Mobile Home Park annexation, staff began discussions with the property owner of the vacant parcel that was formerly a part of the mobile home park (MHP). I have attached the sales record from the property appraiser's office that shows in 2005 this parcel was conveyed from Ed Howland (owner of Shady Rest MHP) to Mr. Mustacchia. While discussing annexation with the property owner, the City conducted a quick analysis of current and future taxes. At the time of analysis, the property was appraised at $675,000 and property taxes were $10,037 per year (Table 1). Assuming the City were to annex it and there was no change in the taxable value, the property taxes would increase to $11,567 per year (Table 2). Utilizing the City's current millage of 3.3456 this would net $2,259 in new property tax revenue to the City. If the site remains vacant and undeveloped, it would take two years for the City to realize tax revenues that offset the waived fees from annexation. This calculation assumes a reduction in property value for the coming year comparable with the property appraiser's reduction in taxable values citywide. Using the "roll back" millage rate from the State for the 2009/10 budget of 4.0320, the property tax revenue to the City is $2,723. It is anticipated that the City will approve a lower millage rate than the "rollback rate" (*as of current budget draft) of 3.7051, which would generate $2,502 in property tax revenue to the City as vacant, undeveloped land. 55 Taking the property tax analysis one step further, improving the property through site development will increase property tax revenue. For comparison purposes, the newly annexed and developed Advanced Auto Parts store on CR512 went from a taxable (vacant) land value of $254,910 to $452,890 with the newly constructed store. If developed, this property could generate between $5,000 and $6,000 in property tax revenue annually to the City. Table 1: Property Tax analysis for 2007 taxable taxing authority rate value taxes levied emergency sere dist 1.7148 $675,350 $1,158.09 florida inland nav 0.0345 $675,350 $23.30 county general fund 3.0689 $675,350 $2,072.58 hospital district 0.7560 $675,350 $510.56 mosquito control 0.2175 $675,350 $146.89 land acquisition bnd 0.1357 $675,350 $91.64 land acquisition bnd 04 0.2863, ..._. $675,350 _ $193.35 county municipal serv 1.0804 $675,350 $729.65 school bond 0.2800 $675,350 $189.10 school local cap improvement 1.7500 $675,350 $1,181.86 local effort 0.6000 $675,350 $405.21 school -state law 4.4100 $675,350 $2,978.29 sebastian inlet 0.1124 $675,350 $75.91 St. John's River WMD 0.4158 $675,350 $280.81 14.8623 $10,037.25 Table 2: Property Tax Analysis annexed into Citv of Sebastian taxable taxing authority rate value taxes levied emergency sere dist 1.7148 $675,350 $1,158.09 florida inland nav 0.0345 $675,350 $23.30 county general fund 3.0689 $675,350 $2,072.58 hospital district 0.7560 $675,350 $510.56 mosquito control 0.2175 $675,350 $146.89 land acquisition bnd 0.1357 $675,350 $91.64 land acquisition bnd 04 0.2863 $675,350 . $193.35 City 3.3456 $675,350. . $2,259.45 school bond 0.2800 $675,350 $189.10 school local cap improvement 1.7500 $675,350 $1,181.86 local effort 0.6000 $675,350 $405.21 school -state law 4.4100 $675,350 $2,978.29 sebastian inlet 0.1124 $675,350 $75.91 St. John's River WMD 0.4158 $675,350 $280.81 17.1275 $11,567.06 It is anticipated that if annexed, a fast food franchisee would purchase a portion of the site. If the franchisee were to locate on the parcel and start construction immediately, it is anticipated that they would create 50-60 new jabs as well as 56 new sales tax revenue. This franchisee has also indicated they are interested in a second location on 512 toward the west end of the city limits for a second site. In addition to having site plan control over the site (rather than the parcel being reviewed for development as part of the County), the City would also realize building permit fees. For comparison purposes, the new Burger King restaurant on 512 was estimated to cost $825,000 and brought in $5,283 in building permit fees. Staff evaluated new revenues generated to the City; including new sales tax revenue, property tax revenue, job creation and building permit fees, and offered to waive the annexation fees. Since this is a small scale annexation, and does not require DCA review of the land use designation, the administrative burden to the Staff is relatively small. Outside of personnel costs, the other costs to the City include the two display ads in the newspaper and the cost of mailing the notice to adjacent property owners. The City noticed property owners within 400 feet of the property (above the Land Development Code requirement to notice 300 feet), which amounted to twenty property owners/letters. These costs total $608.56 and Staff has requested the applicant consider paying these fees. First legal ad $357.00 Second legal ad $242.76 Letters 20 @ $.44 $ 8.80 Attachment: Sales history from IRCPA 5~ ~. ------v~----------r--v --rr------- ---r--v ------ _~ Data For Parcel 30382100001000000020.1 Base Land Sales Sketch Improvements Permits Misc History Trim Tax Sales Data Parcel:' 30382100001000000020.1 Owner: JAMES & ~ iUSTACCHIA Site US HIGHWAY 1, SEBASTIAN, FL 32958 Address: [a-] Map this property. Sales Rec M onth/Year Price Sale Vac\Imp Grantor Last Book Page Code No Instrument Name WD- 005 05/2005 $775,000.00 WARRANTY V HOWLAND 01874.02168 00 DEED WD- 004 04/2004 $300,000.00 WARRANTY V REYNOLDS 01714 01878 00 DEED 003 07/1993 $100.00 QC -QUIT V REYNOLDS 00981':02098 O1 CLAIM 002 05/1989 $100.00 ASSIGNED V 00831.01645 01 001 10/1979 $48,000.00 V 00593 01343 00 . ASSIGNED Report Discrepancy Cop}-riyht cU2QQ? Digit~i D2t«3 T~CiY€I{~iC9~EL'S, Irte. GIS parcel shapefile /ast updated 6/30/200912:16:12 AM. LAMA database last updated 6/30/200912:34: i0 AM. 5g http://www.ircpa.org/Data.aspx?ParcelID=30382100001000000020.1 6/30/2009 cmoF ~ T ~ ~l ;~~ HOME OF PELICAN ISLAND t;ity os aedastian, r-ior><aa Subject: Second Reading and Public Hearing of Ordinance 0-09-10; land use amendment for Mustacchia 3-acre parcel of land located west of U.S. 1 between Shady Rest Mobile Home Park and St. Sebastian Catholic Church Agenda No. ~ q . ~ Q Department Origin: Growth Manag_ Purchasing/Contracting: Finance Director: City Attorney: , City Clerk: ~ Approved for Submittal by: City Manager Date Submitted: June 30, 2009 For Agenda of: July 8, 2009 Al Mmner ~ Exhibits: Ordinance No. 0-09-10, P& Z minutes, Application I I EXPENDITURE REQUIRED: I AMOUNT BUDGETED: I APPROPRIATION REQUIRED: None None None SUMMARY If annexation is approved, the City must designate a land use and zoning for the property compatible with City classifications. The applicant has requested Riverfront Mixed Use (RMU) for land use and Commercial Riverfront (CR) for zoning. The attached staff report indicates these requests would be consistent with the Comprehensive Plan and Land Development regulations, and the same land use and zoning as what was approved for the Shady Rest Mobile Home Park. At a public hearing held May 21, 2009, the Planning and Zoning Commission recommended approval of the land use and zoning changes for the property. Because the parcel is less than 10 acres, the Department of Community Affairs review of the requested land use change is not required. Staff recommends approval of the above referenced land use amendment, which is consistent with the goals and objectives outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to approve Ordinance No. 0-09-10." 59 ~o ORDINANCE NO.0-09-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF LOW-DENSITY RESIDENTIAL, UP TO 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, SITUATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of James Mustacchia for a land use amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of Low-Density Residential, up to 6 units per acre (L-2) to a City designation of Riverfront Mixed Use (RMU); and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. (~ I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" containing 3 acres more or less as depicted on the map within said Exhibit "A". Section 2. LAND USE DESIGNATION. The real property described in the attached Exhibit "A" is hereby given a City land use designation of Riverfront Mixed Use (RMU). Section 3. COMPREHENSIVE LAND USE MAP. The Comprehensive Plan Future Land Use Map shall be amended to include the real property described in the attached Exhibit "A", and reflect its designated land use as Riverfront Mixed Use (RMU) in accordance with the requirements of Florida law. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said rem~iinder to remain in full force and effect. Section 6. EFFECTIVE DATE. This C>rdinance shall take effect immediately upon its adoption. ~2 The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Dale L Simchick Councilmember Eugene Wolff and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Richard Gillmor By: Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney ~3 ~,-- • Exhibit "A" • Page 1 of 2 • w ~~ • ~ ~ f ~~ ~_s 1% ~~ ~%~f r` of Exhibit "A" ;, ! % Description f;~° t That part of Lot 20, of WAUREGAN SUBDIVISION, lying East of Wauregan Ay~nue West of U.S. Highway No. 1; LESS the West 200 feet thereof, also described as follows: Begin ~at the Point of Beginning formed by the intersection of the Westerly boundary of U.S: Highway No. 1, with the Southeasterly boundary of Lot 20, Wauregan; (hence proceed Northwesterly along the Westerly right of way of U.S. Highway No. 1, a distance of 318,8 feet; thence proceed, Southwesterly along the common boundary between Lot 20 and 19 (Wauregan).a distance of 440.77 feet; thence proceed Southeasterly on a Ilse parallel to the Easterly right of way of Wauregan Avenue a distance of 315.19 feet; thence proceed Northeasterly along the common boundary between Lot 20 and 21 (Wauregan) a.distance of 391.18 feet to the Point of Beginni (I in WAUREGAN, Fleming Grant, according to the plat filed in the office. of the clerk of the circuit court of Br ar~ County, Florida, in Plat Book 1, Page 75; and rallied in Plat Book 1, Page 178 and'179, public Records f St. Lucie Caunty, Florida; said land lying and being in Indian River County, Florida, Less and except road. ghts of Way, '~ r ,fir' ~~ ~~ r ~ ,~ r ~~ 1i 1 ~~f f ~~ i~ ~:S (//~ /,~ , fl . ~~ ,~~ J1 MUSTACCHIA ANNEXATION Exhibit "A" Page 2 of 2 y ~ ~ ~ Shady Rest Mobile Home Park ~~ ~~ 5 T Home Depot 2j, _ y\ \'~ \ ~ ~~~ ~~ ~ i_~ SUBJECT) St. Sebastian ~ Catholic Church ~~ PLANNING AND ZOh ~ COMMISSION MINUTES OF REGULAR MEETING OF MAY 21, 2009 Mr. Konopacky asked what would prompt the widening of Thunderbird Dr. and Ms. Bosworth said a traffic impact study would be needed to determine that issue. Donna Lynch, Thunderbird Dr., asked if people can't stay overnight at -the church but they could camp on the church grounds? Ms. Bosworth said the use of the property is not approved for overnight or RV storage/camping and that could be handled through code enforcement. Judy Burgarella, 110 Thunderbird Dr., concerned about the Addicts Anonymous sign which pointed towards Thunderbird Dr. Mr. Cardinale closed the public portion of the public hearing and asked for comments from the commission. Mr. Hepler asked if any of the other roads could be used as access to the site to alleviate traffic on Thunderbird. Ms. Bosworth said those roads have been abandoned; there are no feeder roads or additional access to the site. He also asked about lighting and signage. Ms. Bosworth responded that they will deal with the existing lights and will address the Phase 3 lighting when they bring in the details of the types of lamps and wattage. Also, they are allowed signs on site but not off site and again code enforcement would have to be informed of any violations. Mr. Dodd talked about the condition of the street and Ms. Grohall said they could bring that issue to the Public Works Department. She added if it is heavily damaged during construction, we make them repair the damage. Regarding Mr. Dodd's questions about stormwater, Mr. Leon said the stormwater for Phase 3, the site would be graded more appropriately to hold all the stormwater on site and treat it in the dry pond. Mr. Blais was concerned that the drainage and stormwater runoff would not be improved until Phase 3. MOTION by Dodd/Hepler to approve the phased site plan and conditional use permit for Calvary Baptist Church with the nine conditions as stated in the staff report dated May 15, 2009. ROLL CALL: Mr. Neuberger yes Mr. Cardinale yes Mr. Dodd yes Mr. Hepler yes Mr. Blais yes The vote was 5-0. Motion passed. B. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LAND USE AMENDMENT AND RE-ZONING (FOR A PROPOSED ANNEXATION) -PARCEL LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH -SUBJECT PARCEL IS 3 ACRES, MORE OR LESS -REQUEST IS FOR RMU (RIVERFRONT MIXED USE) LAND USE AND CR (COMMERCIAL RIVERFRONT) ZONING Mr. Cardinale asked Ms. Grohall to review the application. She noted key points from the staff report and explained that the city recently annexed the Shady Rest Mobile Home Park and assigned it the Riverfront Mixed Use Land Use and the Commercial Riverfront Zoning, which is recommended tonight. Future redevelopment of that parcel will be consistent with those classifications. In general, that area is developed commercially with retail buildings like Wal-Mart, Home Depot, medical buildings and professional office ' ~, PLANNING AND ZOO ~ COMMISSION MINUTES OF REGULAR MEETING OF MAY 21, 2009 buildings. Assuming approval of the annexation by city council, staff recommends approval of the land use designation as Riverfront Mixed Use and the zoning designation of Commercial Riverfront as a natural extension of our city boundaries for this property. Mr. John King, 945 Sebastian Boulevard, represented the applicant, who concurs with the city that annexation is the best use of this property. Mr. Hepler asked what the reason is for the rezoning. P~1r. King explained that the property is zoned residential in the county and when it comes into the city, the city must assign it a zoning and land use. The zoning and land use being assigned is the same as the properties on three sides of it and the fourth is public service for the church. Mr. Cardinale opened the public hearing. No one spoke in favor or opposition of the application. Mr. Cardinale then closed the public hearing. MOTION by Dodd/Cardinale to recommend city council annex this property with a land use designation of Riverfront Mixed Use and Commercial Riverfront Zoning. ROLL CALL: Mr. Neuberger yes Mr. Hepler yes Mr. Cardinale yes Mr. Dodd yes Mr. Blais yes The vote was 5-0. Motion passed. Mr. Ginsburg explained that concludes the agenda as a Planning and Zoning Commission. That meeting should be adjourned and we should reconvene you as the Local Planning Agency to consider the proposed ordinance on that agenda. MEMBERS MATTERS: NONE CHAIRMAN MATTERS: NONE DIRECTOR MATTERS: NONE ATTORNEY MATTERS: NONE Mr. Cardinale adjourned the meeting at 8:27 p.m. (5/27/09 sbl) ~~ , Permit Application No. ~~. 5[~; ~~V City of Sebastian HOME OF PELICAN i3LAND Development Order Application A licant If not owner, written authorization notarized from owner is re uired Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Owner If different from a licant Name: G ,,,,. ~ S m ~.s t-G Gc, h Address: 7 90 Co ~c~c~. ~r ~~~ ~ S G b ~<s t r ~.-` 1>C L 3 Z%Sg Phone Number: ( 7Z _ 38,E _ ~~ 3 Z FAX Number: ( ) - E-Mail: Title of permit or action requested: ~ Fa,r G K r~ ~-k >CCC.~ ~~ ~d PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FO THE PERMIT OR ACTION THAT YOU ARE R QUESTING. 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): ml~S f"Cc GL~'-i ~ [fit vtG2~ (.(5~ ~"V1'1'~r1C~YVlG-7~1- B. Site Information Address: (,~ . S. 1 Lot: Block: Unit: Subdivision: Indian River County Parcel #: ~d - ,3 ~ - Z~ - 03000 / - 0000 - dOCS Z.O . Zoning Classification: Future Land Use: Existing Use: Proposed Use: ~ a~-t- COw~~m c~rc ~-a C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarvl: ~hG ~ G -cam ~~~ r.-, Cou.~. ~.-, L,- z. ~~.~ ~s ~-ce~>-,+~-G ~ ~~ c„1 ~ 't- ~y ~ ~'1'1(~( = f'~-i y e~ -F~o ~t 171 ~ X c c~ GtS ems, DATE RECEIVED:/~/ C~9 FEE PAID: $ RECEIVED BY: ~~ ~~~ (~q Permit Application No. D. Pro'ect Personnel: A ent: Name: ~~ ~ r V ; ~ ~ wr ~ 'Pe~~ c ~ S v,,~ Address ci-~S ~~-b ~St~' ~ ~ [31 J ~. Phone Number: ~~) S ~`I ~ ~ Os,~ 2 FAX Number: ( ) - E-Mail: Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: I, ~y~ "~ 1"--~ ~ ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X AM THE LEGAL REPRESENT VE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE A D TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. S- S o ~ IGNATU DATE SWORN TO AND SUBSCRIBED BEFORE ME BY '~ 0~}~ K(N~- W IS PERSONALLY KNO O ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF , 20~. NOTARY~S SIGNATURE PRINTED NAME OF NOTARY W6(L COMMISSION NO./EXPIRATION SEAL: ~ •••••••• DOROTHY M. BOSWORTH ~~ti~Y"„',~ Comm# DDOTY1489 ' ~ ~ F~kea 8/28/2012 ~ S Fbrlde NoMry Aaen., Inc 70 ho uon nuoo o oooouuuuwuuuueN Permit 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 PAC, t?lZ'V1 C,R.LA)c it BOARD/COMMISSION OF 7HE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AN VIEW E 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 ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES DE ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGN UR DATE Sworn to and subscribed before me by ~'oCfiJ ICING--- who i ersonally known me or produced as identification, this day of , 20~. Notary's Signature C~ Printed Name of Notary o - o Commission No./Expiration Seal: ~°..°e~e,~ BN"~BOSVVe4RTk4 ~~° ~Ya,~,,% COm(91i:# pC-0771A61 _ ~' ~xplce>~ 6!2$!2012 t ~n~ Flarddg ivy +., ~ Mueessueeeaeoeaeeoeueeeeeeeauueaunees0 ~~ Permit Application No. ~~ S~~~s Supplementallnformation NAME OF PEEKAN ISLAND ~ Comprehensive Plan Amendment (Land Use) 4TTACH ADDITIONAL PAGES IF NECESSARY. _ 1. Current land use map designation: ~Uu~~ ~.~ L-^Z (Q un1~~ / _ 2. Proposed land use map designation: ~-~1 l~ ~ ~ ~-~ f -F~'oy~-t m ~ x~~ Ub 3. Size of project in acres: 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? _ y ~ S 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Y ~ S 72 Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? had`.-~ '~-e~'t- 1~ -n.r1^f--x.~.--t~ dom. 73 Permit Application No. 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. /J d _ 12. Does the proposed amendment result in an orderly development pattern? If not, describe. ~ ~-S 13. Attached the following: 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. - b. Attach a list of the names and addresses of all owners of parcels of real ~ property within three hundred (300) feet of the parcel to be considered. / c. A survey and legal description of the property for which the land use amendment is being requested. 7~f cm of S ._ HOME OF PELICAN ISLAND _. . . City Oi 5@DaSLian, r 1or><aa Subject: Second Reading and Quasi- judicial Public Hearing of Ordinance 0-09- 11; zoning amendment for Mustacchia 3-acre parcel of land located west of U.S. 1 between Shady Rest Mobile Home Park and St. Sebastian Catholic Church Agenda No. Q' : C Department Origin: Growth Nl.~i~a ent Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Approved for Submittal by: City Manager Date Submitted: June 30, 2009 For Agenda of: July 8, 2009 Al Minner Exhibits: Ordinance No. 0-09-1 I, Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY If annexation is approved, the City must designate a land use and zoning for the property compatible with City classifications. The applicant has requested Riverfront Mixed Use (RMU) for land use and Commercial Riverfront (CR) for zoning. The attached staff report indicates these requests would be consistent with the Comprehensive Plan and Land Development regulations, and the .same land use and zoning as what was approved for the Shady Rest Mobile Home Park. At a public hearing held May 21, 2009, the Planning and Zoning Commission recommended approval of the land use and zoning changes for the property. Staff recommends approval of the above referenced zoning amendment, which is consistent with the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to approve Ordinance No. 0-09-1 1." ~~ ~~ ORDINANCE NO. 0-09-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI- FAMILY, UP TO 6 UNITS PER ACRE (RM-6) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, SITUATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James Mustacchia has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. 77 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" containing 3 acres more or less as depicted on the map within said Exhibit "A". Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Commercial Riverfront (CR). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in the attached Exhibit "A" and reflect its designated zoning district as Commercial Riverfront (CR). Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: ~~ by Councilmember and, Mayor Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Dale I. Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of .2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Richard Gillmor Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney ~9 ~~_ • Exhibit "A" Page 1 of 2 ,~ ` r~ ~/~~~ €; ~if ~~ !/ Exhibit "A" ;, r ~ Description %jf rf That part of Lot 20, of WAUREGAN SUBDIVISION, lying East of Wauregan Ay~nue West of U.S. Highway No. 1; LESS the West 200 feet thereof, also described as follows: Begin ~at the Point of Beginning formed by the intersection of the Westerly boundary of U.S. Highway No. 1, with the Southeasterly boundary of Lot 20, Wauregan; thence proceed Northwesterly along the Westerly right of way of U.S. Highway No. 1, a distance of 318,8 feet; thence proceed, Southwesterly along the common boundary between Lot 20 and 19 (Wauregan) .a distance of 440.77 feet; thence proceed Southeasterly on a line parallel to the Easterly right of way of Wauregan Avenue a distance of 315.19 feet; thence proceed Northeasterly along the common boundary between Lot 20 and 21 (Wauregan) a distance of 391.18 feet to the Point of Beginni II in WAUREGAN, Fleming Grant, according to the plat filed in the office. of the clerk of the circuit court of Br ar County, Florida, in Plat Book 1, Page 75; and refiled In Plat Book 1, Page 178 and '179, public Records f St. Lucie County, Florida; said land lying and being in Indian River County, Florida: Less and except road g~hts of Way. ,~ I i i~ lj ,:> 1~ . .~ ,'J .! '^~ 1j` t ~~, l ~l I f' ~ ~s ;r~~a ~O yr; :s MUSTACCHIA ANNEXATION Exhibit "A" Page Z of 2 y ~ ?' Home Depot ~2j~ ~s~ ~~ Shady Rest Mobile Home Park -~, ~ISUBJECTI ~St. Sebastian ~ Catholic Church y\s~ ~~ &a Permit Application No. ~,~. S~E~T~N City of Sebastian HQMEOFPELIGN'ISUND Development Order Application A licant If not owner, written authorization notarized from owner is re uired Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Owner If different from a licant Name: _ ~~ m ~ S 11"1 ~s ~ h ~ cc._ Address: ~9d COnc~h~ ~~'-'~~ SP.,b~S+i'~•~ l~L3Z Sa' Phone Number: ( ) - FAX Number: ( ) - 77Z -3Sg-`~(v3Z- 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: S- Lot: Block: Unit: Subdivision: Indian River County Parcel #: ~o ^3 8' - Z-! - o0 0 o t -DODO - o o aZ.o• d Zoning Classification: - Future Land Use: ~- m Z ~~. Existing Use: Proposed Use: Ct ~ ~ -r /h vn G ~ G ~' ~. ~ C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessaryl: Gh~ ,.~ -Ffd Cow. ~• ~ ~ m ` 12e s ~ ate fi ~. ~ DATE RECEIVED: ~ ~/ Q ~ FEE PAID: $ RECEIVED BY: __~ g3 Permit Application No. D. Pro'ect Personnel: A ent: Name: Address Phone Number: ( ) - 77Z- S89 - easy FAX Number: ( ) - E-Mail: _ ~ :.. ~ d'~°a. l ~ K-:.~ Gvv~ Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: Address Phone Number: ( ) - FAX Number: ( } - E-Mail: I, _~~6C./NG-- ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ~ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE ND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~ 1 T{' l o~ N E DAT~- SWORN TO IBED BEFORE ME BY ~~ -C.~./1^~S[ WHO PERSONALLY KNOW ME OR PRODUCED AS IDENTIFICATI ,THIS DAY OF ~~ , 20~_. - NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: ~~ pORpTtiY M. tywvrvr~~ n s~,v~tr'n~a. Comm# DD07T1461 s EX(;11f98 ~~~~Z r~4F~ F101k1e NOferyA88n.. ~` Moeuueseeueeeeneeeeeeeedno •+~"•e^ ,,, ' Perm it 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 PZC- Cll. COt-tNC.IL- BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW T 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 ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES M~E, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. DATE Sworn to and subscribed before me by ,~{-^1 FC(~I (,- whd i ersonall known e or produced as identification, this day of m ~'~ , 20~. Notary's Signature Printed Name of Notary Commission No./Expiration Seal: 85 Permit Application No. g quest _.. ,. . _Y,, _._ . -_ - ATTACH ADDITIONAL PAGES IF NECESSARY. HOME OF PELICAN ISLAND "'~~ Supplemental Information ~~'`~ ~ Rezonin Re 1. Proposed zoning:CO ~~ ~el~` ~ t D ~ J~~ ~ f~~ }~ 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. _ 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? ~N ~ d •~ ~-~~' A'v~ n ~x~-t -'uh L~ ~ ~ ~! I CIS ~ ~4- ~~ : ~.._ 4 5. Explain how the proposed rezoning is compatible with the existing or future land ~, uses of the City. _ 6. Are there adequate public facilities to serve the proposed land use? ~ ~S Permit Application No. 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. _ 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the city. _ 9. Describe how the proposed rezoning will result in an orderly development pattern. 10. Attach the following: fA verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. _ b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. vc. A survey and legal description of the property to be rezoned. 81 88 urr or ~, ~~ yr- -~~ ~ _ - ' ~. ~, °,.:. r~or~E aF Peuuw Es~ram City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Agenda No: dq./D 3 Release of 2 liens on 111 Arcadia Drive Department Origin: L~ ,C~ and 2 liens on 1245 George Street ~/~ ag Date Submitted: App ov f r Submittal by: ~~~/D g For Agenda of: City Attorney: A ne ,City Manager Exhibits: None Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Mr. Morton is requesting that the City release liens on the two above-named properties. he liens represent money the City had paid in 2008 for public nuisance abatements (mowing). All liens ere recorded by the Clerk of the Courts and were available as public documents well prior to Mr. Morton's purchases. In February of this year, Jeffrey Morton purchased the two above-named properties from banks which had foreclosed mortgages on the previous owners. •n February 4, 2009, Mr. Morton came to the Code Enforcement office and told a Code Officer that he anted to pay off the liens on the property at 111 Arcadia Drive. In a subsequent conversation with the ode secretary, Mr. Morton said that instead of paying off the liens, the liens would get paid [by the buyer] after he fixed up the property and then sold ("flipped") it. he amount of the four liens totals $463.91, plus $48.68 in recording and certified mail fees if released. he figure does not include interest, which for all liens accumulates at the monthly of 1-1/2% from the ate of lien until paid in full. [An outstanding invoice for abatement costs (mowing) remains for each of the two properties; liens were not filed before the respective banks foreclosed the mortgages. The City will absorb those costs, which otal $260.48.] RECOMMENDED ACTION Staff recognizes that this item is at Council discretion. ~i Sq qo ' NOTICE OF ASSESSMENT AND LIEN C f~ PLEASE BE NOTIFIED that, under the provision of City of Sebastian Code of Ordinances Section 66-7 the City Council of the City of Sebastian, 1225 Main Street, Sebastian, FL 32958, by and through its City Manager, does hereby assess against the below herein described property the cost of inspecting and/or mowing the excessive growth on said property and hereby claims a lien against the following described property, to-wit: SEBASTIAN HIGHLANDS SUB UNIT NO 10, BLK 299, LOT 29, PBI 6-37-M, as recorded in the Public Records of Indian River County, Florida, Parcel Number #31382400001299000029.0, commonly addressed as 1245 GEORGE STREET, Sebastian, Florida OWNER(S): KARELYS CEBALLOS AMOUNT: $100.00 LIEN FEE 10.00 CERTIFIED MAIL 13.45 TOTAL $ 123.45 CODE ENFORCEMENT CASE # 08-01629 1931175 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2274 PG:1126, Pagel of 1 06123/2008 at 03:48 PM, JEFFF~EY K BARYON, CLERK OF COURT Said amount shall bear interest at the monthly rate of one and one-half (11/2 %1 percent from June 19, 2008 until paid in full. . DONE this /~z~. day of ,~ , F STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this L l ~ay of ~'(,t,Nt , 200g", by Al Minner, as City Manager of the City of Sebastian, Florida who is personally known to me and who did not take an oath. ' gyp/ V ~ . h, Notary Public Expires: Return to: Code Enforcement Department 1225 Main Street Sebastian, FL 32958 ~ s ~OQQ~ • ~,~\SSION~ '9j, e ; ~ ~ J°a 28' 2°~~°9N.y ~ ~ #DD 305748 ; o¢ po • . ~~ o ~ •, o~ Bogdedt~~~,~,,~~~' OQ~ ' Qom' ~, a~Y''uhlicUna;'.• ~'\~~ r~~• s~ r t,K~ ~01~~\\ ''~,,,. ,F~\. ~i NOTICE OF ASSESSMENT AND LIEN ~ ~ PLEASE BE NOTIFIED that, under the provision of City of Sebastian Code of Ordinances Section 66-7 the City Council of the City of Sebastian, 1225 Main Street, Sebastian, FL 32958, by and through its City Manager, does hereby assess against the below herein described property the cost of inspecting and/or mowing the excessive growth on said property and hereby claims a lien against the following described property, to-wit: SEBASTIAN HIGHLANDS SUB UNIT NO 10, BLK 299, LOT 29, PBI 6-37-M, as recorded in the Public Records of Indian River County, Florida, Parcel Number #31382400001299000029.0, commonly addressed as 1245 GEORGE STREET, Sebastian, Florida 9z OWNER(S): KARELYS CEBALLOS AMOUNT: $ 80.00 LIEN FEE 10.00 CERTIFIED MAIL 12.36 TOTAL $ 102.36 CODE ENFORCEMENT CASE # 08-02667 1947141 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2291 PG:2252, Pagel of 1 • ®9/1612008 at 08:12 AM, y JEFFREY K BARYON, CLERK OF COURT Said amount shall bear interest at the monthly rate of one and one-half (1'/2 %) percent from September 12, 2008 until paid in full. DONE This ~a ~ day of ~ ~.er , ; STATE OF FLORIDA COUNTY OF INDIAN RIVER E The foregoing instrument was acknowledged before me this j,~ ~ day of ~~~r200 b ; by Al Minner, as City Manager of the City of Sebastian, Florida who is personally known to me and who did not take an oath. Laura E. Barr, Notary Public My Commission Expires: Return to: Code Enforcement Department 1225 Main Street Sebastian, FL 32958 run~nunumo~uuumu~n~unmuu LAURA E. BARB ~a"°~Y~"`"4 Comm# DD0802655 : ~,,,~~~+, E~ires 7/22012 ~'~r„~~`' Florida Notary Assn., Inc . :.............................................: 1968330 RECORDED IN THE RECORDS OF JEFFREY K BARYON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2313 PG: 2235, 01/09/2009 09:48 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CIVIL ACTION U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-CBS, Plaintiff, CASE NO. 20071621CA09 vs. DIVISION ' KARELYS CEBALLOS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR GMAC MORTGAGE, LLC SPACE FOR RECORDING ONLY F.S.§695.26 FILED IN OPEN COURT Date a~~ ~G~ 6y -- ~ 1 Defendant(s). ~ FINAL JUDGMEN`T' :F FORECLOSURE (Pursuant to Admi:i; rative Order No. 07-06) THIS ACTION was heard before the Cou.~'ori i'laintiffs Motion for Summary Final Judgment on December 15, 2008. Based on the evidence presented and being otherwise fully informed in the premises, IT IS ADJUDGED that: l . The Plaintiff s Motion for Summary Judgment is GRANTED. Service of process has been duly and regularly obtained over Defendants: KARELYS CEBALLOS; MORTGAGE ELECTROI`IIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR GMAC MORTGAGE, LLC. q3 1975212 RECORDED IN THE RECORDS OF JEFIREY x tstax'rvcv, c:t~:xx c:tx~:ui'r ~:vuxi• tarLl~ RIVER CO FL, BK: 2320 PG: 2152, 02/16/2009 12:24 PM DOC STAMPS D $680.40 ~~ ~~~ U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C- BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATE SERIES 2007-CBS, Plaintiff, 1N THE CIRCUIT COURT OF THE 19"i JUDICIAL CIRCUIT, IN P..IJII FOR INDIAN RIVER COUN'`-~_ FLORIDA CML DIVISIOT CAS); NO.: 20071621 CAC ~ ' vs. KARELYS CEBALLOS, et al, , Defendants. ;;`~: ,, -; CERTIFICA ~'~'~JF TITTLE °~ 11s??r ~~i - ~ The undersigned, Jeffrey R. Bart J,'C,l`erk of the Court, hereby certifies that a Certificate ~ of Sale has been executed and filed in t 9 acfion on February 3 , 2009 ,for the property described herein and that no{rroJect~ons to the sale have been filed within the time allowed for 61ing objections. f The following property izlff?~ian River County, Florida: r~"' LOT 29, BLOCK 29~'OF SEBASTIAN 13IGHLANDS, UNIT 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 37, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Was sold to: Jeffrey R .;Morton 9512 R~;%-vex~ide Dr. ~; Seba;~iian, FL 32958 WITNF~~s. my hand and the seal of the Court this 16th day of Jeffrey )! Clerk By: 9y _;~ - . Indian River County, Florida Property Appraiser -Property Data Page 1 of 1 Data For Parcel 31382400001299000029.0 Base Lend Sales Sketch improvements Permits Misc History Trirn Tax SalesData ~r Parcel: 31382400001299000029.0 Owner: JEFF'S ADVENTURES LLC Site 1245 GEORGE ST, SEBASTIAN, FL 32958 Address: [-~] Maka this pt~~perty. Sales Rec M onth/Year Price Sale Instrument Vac\Imp Grantor Last Book Page Code No Name 005 02/2009 $100.00 WD -WARRANTY I MORTON 02321 02444 O1 DEED 004 02/2009 $97,200.00 ~-CERTIFICATE I CEBALLOS 02320 02152 O1 FOR TITLE 003 12/2006 $260,000.00 WD -WARRANTY I MILAZZO 02112 00374 00 DEED 002 09/1994 $100.00 QC -QUIT CLAIM V WARWICK 01034 02172 O1 001 09/1994 $12,000.00 PR -PERSONAL V WARWICK 01034 02171 00 REP DEED Report Discrepancy } '_~ ~J`20C17 ~7Eit~i Uata °Iechrsotogies, Inc. ---- - -~ GIS parcel shapefile last updated 6/3/200912:16: i4 AM. CAMA database last updated 6/3/200912:33:44 AM. q5 http://www.ircpa.org/Data.aspx?ParcelID=31382400001299000029.0 6/3/2009 1'JLbl`J6 KN:C:Ui(L)1;ll 1N '1'rili HliC:UKLS Ur' ,J J•;r'r'l:{Y;Y K J~ZTUN, CLl;1tK CIf2C'f7IT COURT INDIAN RIVER CO FL, BK: 22F~8 PG. 2~ 05/30/2008 09:38 AM NOTICE OF ASSESSMENT AND LIEN ~~ ) PLEASE BE NOTIFIED that, under the provision of City of Sebastian Code of Ordinances Section 66-7 the City Council of the City of Sebastian, 1225 Main Street, Sebastian, FL 32958, by and through its City Manager, does hereby assess against the below hetEin described property the cost of inspecting and/or mowing the excessive gmwtb on said property and hereby claims a lien against the following described property, to-wit: SEBASTIAN HIGHLANDS SUB UNIT 17, BLK 454, LOT 31, PBI 8- 4b TO 46P, as recorded in the Public Records of Indian River County, Florida, Farrel Number #31392900001454000031.0, commonly addressed as 111 ARCADIA DRIVE, Sebastian, Florida OWNER(S): RICHARD AND HEATHER LETIZIA AMOUNT: $125.U0 LIEN FEE 10.00 CERTIFIED MAIL 15.74 TOTAL $ 150.74 CODE ENFORCEMENT CASE # 08-00400 §' 5sid amount shall bear interest at the monthly rate of one and one-half (I% %) percent .from May 13, 2008, untilpaid in full. DONE this /gyp[., day of zOp ~ By: STATE OF FLORIDA er COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ~~day of _~~L 200 by Al Mintier, as City Manager of the City of Sebastian, Florida who is pe y known to me and who did not take an oath. Dorothy Bo wo otary Public My Comrniss xpires: Retnrn to: Code Enforcemem Deparnnent I225 Main Street Sebastian, FL 32958 ~~~~~~pZHY `M!~QS~~~~~i ~:~p2 ~.~•,uussroy • ~Y~~ y *; ~ ~ ~~ y •~ :~__ ~~~~~~~iiifttiinii ~~~~~~\\ 9G 1'~51'Lt3I RECORDED IN THE RECORDS OE' JEE'1:'RE:Y K HARTON, CLERK CIRC'~TIT COURT INDIAN RIVER CO FL, BK: 2297 PG: 5~ 10/09/2008 04:17 PM ~~~~o ~ NOTICE OF ASSESSMENT' AND LIEN C ~~ PLEASE BE NOTIFIED that, under the provision of City of Sebastian Code of Ordinances Section 66-7 the City Council of the City of Sebastian, 1225 Main Street, Sebastian, FL 32958, by and through its City Manager, does hereby assess against the below herein described property the cost of inspecting and/or mowing the excessive growth on said property and hereby claims a lien against the following described property, t0-Wit: SEBASTIAN HIGHLANDS SUB UNIT I7, BLK 454, LOT 31, PBI 8- 46 TO 46P, as recorded in the PabIic Records of Indian River County, Florida, Parcel Number #31391900001454000031.0, commonly addressed as 111 ARCADIA DRIVE, Sebastian, Florida OWNER(S): RICHARD AND HEATHER LETIZIA. _ AMOtIN'T: $ 6S_00 LIEN FEE 10.00 CERTIFIED MAIL 12.36 TOTAL $ 87.36 CODE ENFORCEMENT CASE # 08-02758 '~ Said amount shall bear interest at the monthly rate of one and one-half {I'h %) percent from September 18,,2008 until paid _in fiill. _ ,_.._.__. DONE this ~ day of Ocfo6r,T , -4 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this G ~(, day of Gyo.~ 200 ~' by AI Minner, as City Manager of the City of Sebastian, Florida who is personally known to me and who did not take an oath. ~Qur cz ~_ ~GLt-x-_ Laura E. Barr, Notary Public My Commission Expires: Return to: Code Enforcement Departrnent 1225 Mnin Street Sebastian, FL 32958 W -4w"~ r~ ~~ LAURA E. BARB ,anw~ ~'' v~ ~, Cornrrr# DD0802fi55 ~~~_~~~ Expires 712!2012 ~'~n,"`a;,~;;~=~ Florida riotarynasn~ k~c e P ~y ~ ~~- +~~~ ~vt~S ~ Cc4 ~ ~ ~ ~ ~ _____ -yam,'`-i '.~it `J' - l.. _s-._-.__.__ L Q~ f~" O ~ ~ ~. lT (~ ~ rG ~+.~5 O N !~~ ~ ~_r\ ~. ) ~ _ ~ - rJ °- 1 97 1964966 RECORDED IN THE RECORDS OF JEFFREY K BARYON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2310 PG: 474, 12/22/2008 08:14 AM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT,IN AND FOR INDIAN RIVER COUNTY,FLORIDA CIVIL DIVISION CASE N0.:20071269CA09 LASALLE BANK, N.A., TRUSTEE FOR LEHMAN BROTHERS-STRUCTURED ASSET INVESTMENT LOAN TRUST SAIL 2004-11, Plaintiff, vs. RICHARD V. LETIZIA; HEATHER LETIZIA; JOHN DOE; JANE DOE AS UNKNOWN TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. ~Il.~o ,lv oP~:rv cour~i Date ~oZ ~~ ~-b$ By G.,.~ - FINAL JUDGMENT OF MORTGA ;~: FORECLOSURE (Pwsuant to Administrative :h-d-r No. 06-02 A 1) THIS ACTION was heazd before the Court on Plainti.~'~ Motion for Summary Final Judgment on December 15, 2008,. On the evidence presented IT ,g ADJUDGED that: 1. The Plaintiff s Motion for Summary. %odgment is GRANTED. Service of process has been duly and regularly obtained over RICHliiZD V. LETIZIA; HEATHER LETIZIA; JOHN DOE• JANE DOE defendants. 2. There is due and owing to the i';aintiff the following: Principal due on the note .;cured by the mortgage foreclosed: $ 156,642.61 Interest on the note and mortgage from 05/01/2007 to 6/27/2008 $ 16,414.85 Per diem interest at $ 42.42 from 06/28/Z008 to ]2/15/2008 $ 7 253 82 Pre-Acceleration late Charges Title sez~ch expenses Court Costs: ~.~ ili- g Fee •~ervice of Process Publication For Notice of Action 07-17890 ~~ $ 463.49 $ 325.00 $ 265.00 $ 770.00 $ 314.16 SUBTOTAL $ 182,448.93 BK: 2310 PG: 475 Additional Costs/Charges: Taxes Hazard Insurance Property Preservation Inspections Non-Sufficient Funds Brokers Price Opinion $ 1,964.51 $ 3,07', .20 $ ~ ~.JO $ 54.25 $ _ _ 50.00 $ 170.00 SUBTOTAL $ 188,018.89 Attorney fees based upon 8 hours at $150 per hour $ 1,200.00 GRAND TOTAL $ 189,218.89 3. The grand total amount referenced in Paragraph 2 shall be:~r interest from this date forward at the prevailing legal rate of interest. 4. Plaintiff, whose address is 10790 RANCHO BEP.:dA ~:DO ROAD SAN DIEGO, CA 92127, holds alien for the grand total sum specified in Para:~ar"r. 2 herein. The lien of the plaintiff is superior in dignity to any right, title, interest or claim ~`!he defendants and all persons, corporations, or other entities claiming by, through, or under tF,~, dF :endants or any of them and the property will be sold free and clear of all claims of the defF~dants, with the exception of any assessments that are superior pursuant to Florida Statutes, Section 718.116. The plaintiff's lien encumbers the subject property located in Indian River Cs~ty, Florida and described as: LOT 31, BLOCK 454 OF SEBASTIAN HIGHLANDS, UNIT 17, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 46, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Property Address: 111 ARCADIA DRIVE, SEBASTIAN, FL 32958 5. If the g::uid total amount with interest at the rate described in Paragraph 3 and all costs accrued subse>»s_it to this judgment are not paid, the Clerk of the Court shall sell the subject property at r .oic sale on day of _,~, , 2009, at 11:00 A.M to the highest bidder for cash, ex.•;ept as prescribed in Paragraph 6, J fury Assembly Room, Indian River County Courthouse, 2000 i6th Avenue, Vero Beach, Florida 32960, after having first given notice as required by Section 45.03I, Florida Statutes. The Clerk shall not conduct the sale in the absence of the plaintiff or its representative. 6. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the Clerk if plaintiff is not the purchaser of the property for sale. If plaintiff is the purchaser, the Clerk 07-17890 R9 BK: 2310 PG: 476 shall credit plaintiff's bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. The Clerk shall receive the service charge imposed in Section 45.031, Florida Statutes, for services in making, recording, z,d certifying the sale and title that shall be assessed as costs. 7. On the filing of the Certificate of Sale, defendant's right of redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated. 8. On the filing the Certificate of Title, the Clerk shall distribute the proceeds of t'~e sale, so far as they are sufficient, by paying: first, all of the plaintiff's costs; second, documentary stamps affixed to the Certificate; third, plaintiff s attorneys' fees; fourth, the total sum due to the plaintiff; less the items paid, plus interest at the rate prescribed in Paragraph 2 from this date to the date of the sale. During the sixty (60) days after the Clerk issues the certificate of disbursements, the Clerk shall hold the surplus pending further Order of this Court. 9. Upon filing of the Certificate of Title, defendant and all 1+°r~~.ns claiming under or against defendant since the filing of the Notice of Lis Pender,s ~~~all be foreclosed of all estate or claim in the property and the purchaser at sale shall be let >>,to ;possession of the property. 10. The Court finds, based upon the affidavits presented and upon inquiry of counsel for the plaintiff, that 8 hours were reasonably expended b~~ pl;,:ntiffs counsel and that an hourly rate of $150.00 is appropriate. PLAINTIFF'S COUNSE;, REPRESENTS THAT THE ATTORNEY FEE AWARDED DOES NOT EXCEEr, ITS CONTRACT FEE WITH THE PLAINTIFF. The Court finds that there are no reduction or P;,yancement factors for consideration by the Court pursuant to Florida Patient's Compensatio~~r and v. Rowe, 472 So.2d 1145 (Fla. 1985). 11. NOTICE PURSUANT TO AMENDMENT TO SECTION 45.031 FLA ST (20061 IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU Q.cE A SUBORDINATE LIENHOLDER CLAIMING ARIGHT TO FUNDS REMAIN;~~IG AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER 'fN:1N 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NO't BE ENTITLED TO ANY REMAINING FUNDS. IF '~(`.'J ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. 'lOL~ ARE NOT REQUHtED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION Ar?D YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER r 0R YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, 2000 16th Avenue, Vero Beach, Florida 32960 (Telephone: (772) 770-5185, Circuit Civil Division), WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. 07-17890 ~~~ BK: 2310 PG: 477 IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEl~ WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE ?~O'!' TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WIT!i^-.iT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATT:iRNEY, YOU MAY CONTACT FLORIDA RURAL LEGAL SERVICES, 200 S. INDIA'J RIVER DRIVE, SUITE 101, FORT PIERCE, FLORH)A 34950 (772) 770-5185, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ,~.SS-~T YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL ?_~ENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THE FLORIDA RURAL LEGAL SERVICES, YOU SHOULD DO SO AS SOON AS POSSIBLE AFT':.'R RECEIPT OF THIS NOTICE. 11. The Court retains jurisdiction on this action to enter further orders that are proper, including, without limitation, writs of possession and deficiency judgments, except where a discharge is applicable or where service of process was not personally obtainP1. ORDERED at Indian River Florida on December 15, 200?. Robert A. Hawley Circuit Judge Copies sent to: Law Office of Marshall C. Watson 1800 NW 49`~ Street, Suite 120 Fort Lauderdale, Florida 33309 Telephone: (954) 453-0365 Facsimile: (954) 771-6052 Toll Free: 1-800-441-2438 07-17890 BK: 2310 PG: 478 1 Case No.: 20071269CA09 RICHARD V. L.ETIZIA I 11 ARCADIA DRIVE SEBASTIAN, FL 32958 PUB HEATHER LETIZtA 111 ARCADIA DRIVE SEBASTIAN, FL 32958 PUB UNKNOWN TENANT (S) 111 ARCADIA DRIVE SEBASTIAN, FL 32958 07-17890 1 Q~ 0•C 0•C 'i 30.00 + 27.00 156•bt~2.61 + 3.OOG~ j 16=t~.14-85 + ? 2 53.82 + 0-C 463.49 + 325.00 + x•00 + 265.00 + ';1.00 + ~ 770.00 + 31.00 + ~ 314.16 + 30.00 + 1:=:.?,t r:a•g?f=~+ 31.00 + 30.00 +~ 1~7,~:r~.c; + 15.00 + 1=964.51 + 171.OOG+ 3=071°20 + f 260.00 + 0•C ' 54.25 + t 50.00 + 171• Xi 170.00 + 42.42 = 1 _ . O i ~ • `ar'+ 7=253.82 188=018.39 + 0•C 1.200.00 + 18°=?_18°89G-~ c ~ ~ .. _ ~f' T ~. C ~ Y i _ ~ j ._ ~ ~ I ~/~ V RIMER CO FL, BR: 2321 PG: 2445, t71/20~BQQ4 11:02 AM DOC STAMPS D $0.70 Prepared by: Oceanside Tftle & Escrow 3501 Ocean Drive Vero Beach, Florida 32963 File Number. MORTON 11 i General Warranty Deed i l t f1i2Csl btA ~ Made this Febnlary 2 V , 2009 A.D. By Jeffrey R Mortoq 9512 Riverside Drive, Sebastian, Florida 32958, hereinafter called the grantor, to Jeffs Advtmtares LLC, a Florida limited liability company, whose post office address is: 9512 Riverside Drive, Sebastian, Florida 32958, hereinafter called the grarrtee: (Wheaevu used herein the rum "gmaor" tmd "gtmtee" include all tM perdu to Nis instrument and the hems. legal representatives and assigns of individuals, and the successes nd assigns of ctxporetiotts) WitnesseHy that the grantor, for and in consideration of ttte awn of Ten;~llars, ($10.00) and other valuable considerations, receipt whereof is hereby aclaowiedged, hereby gtants, bargains, sF rya, aliens, remises, releases, conveys and confirms turto the grantee, all that certain lei situate in Indian River Cowtty, Florida, viz: , Lot 31, Block 454 of SEBASTIAN HIGHLANDS, UNIT 17, according to the plat thereof as recorded in Plat Book 8, pages 46 through 46P, of the Public Records of Indian River County, Florida. Said property is not the homestead of the Grantor(s) under dte laws and ~ on':dttion of the State of Florida in that neither Grantor(s) or arty members of the household of Grantor(s) reside thereon. Parcel ID Number: 31-39-19-00001-4340-00031!0 Together with alt the tenements, hereditaments ann"a~jmtenanrzs thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenams with said r%antee that the grantor is lawfully seized of said ku~ in fee simple; that the grantor has good right and lawful authority to sell and 5`~,ry~Zey said Lmd; that the grantor hereby fully wartams the title to said land and will defend the same against the lawful claims of ail perso:`3 whomsoever; and that said lend is free of all encumbrances except taxes accruing subsequent to December 31, 2008. L% Io Witness Whereof, the said grantor has signed and sealed these presems the day and year first above written. Signets sealed and delivered in our presence: w~ esePri N®e Erieea l: rleeh ~~ witn ~ fed Name DO~i' EMMON ~//Ii,.~ (Stag Jeffr u 9 erside Drive, Sebastian, Florida 32958 ndarces: State of Florida County of Indian Riv: r The foregoing instrttm:,nt was acknowledged before the this ~ day of F , 2009, by Jeffrey R. Morton, who is/are personally known to me o(r`w`lw :,as produced a valid drivels license as identification. ~_e r± ~~ Notary ~~u, ,~ Print lVa saateTwrq-~ 1~ a0aerbtaa My Cootabsioa Ezpira- DE~.D Individual Warranty Deed WiN Non-Homestead-Legs) at Face X03 Indian River County, Florida Property Appraiser -Property Data Page 1 of 1 Data For Parcel 31391900001454000031.0 Base Land Sales Sketch Improvements Permits Misc History i-rin~ -fax Sales Data Parcel: 31391900001454000031.0 Owner: JEFF'S ADVENTURES LLC Site 111 ARCADIA DR, SEBASTIAN, FL 32958 Address: L~~ h1 a,, t- s Sales .~~ Rec M onth/Year Price Sale Vac\Imp Grantor Last gook Page Code No Instrument Name WD- 009 02/2009 $100.00 WARRANTY I MORTON 02321 02445 O1 DEED CT - 008 01/2009 $90,000.00 CERTIFICATE I LETIZIA 02316 02294 01 FOR TITLE WD- 007 11/2004 $215,000.00 WARRANTY I COURTS 01799 00898 00 DEED WD HOLIDAY 006 12/2002 $122,900.00 WARRANTY I 01551 01253 00 BUILDERS INC DEED WD- 005 07/2002 $13,400.00 WARRANTY V MACMILLAN 01506 02445 00 DEED Q9 -QUIT 004 07/2002 $100.00 CLAIM CLEAR V *OLSON 01506 02444 O1 TITLE 003 03/2002 $6,900.00 TD -TAX DEED V OLSON 01473 02939 03 002 10/1994 $9,300.00 OI -OTHER V NCNB NTL BK OF 01037 02899 Ol INSTRUMENT FL (TR) 6081954 QC -QUIT GENERAL 001 12/1991 $100.00 CLAIM V DEVELOPMENT 00917 02850 O1 CORP Report Discrepancy - i =~2L'tI? Digital Da~a~ T~chrac~logies, Irgr. GIS parcel shapefile last updated 6/3/200912:16:14 AM. CAMA database last updated 6/3/200912:33:44 AM. l D~ ttp://www. ircpa. org/Data. aspx?ParcelID=3139190000145400003 l .0 6/3/2009 cm or _. i. AGENDA TRANSMITTAL Subject: Agenda No. ~~~ ~T_ Golf Course Club House -Project Initiation Department Origin: City Manager Authorization City Attorney: City Clerk: Approved for Submittal by: Finance Director: - .~.,...'~ ' /~ ~ Golf Course Directo •• ' U- - Date Submitted: 29 JUNE 2009 AI inner, City anager For Agenda of: 8 JULY 2009 Exhibits: Golf Course Fund Projections -Fiscal Years 2010-2015 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None At This Time $0 None At This Time INTRODUCTION The purpose of placing this item on the agenda is to seek formal authorization from Council to begin the process to construct improvements at the Sebastian Municipal Golf Course (SMGC). Financially these improvements are possible because the Golf Course is a stand alone enterprise fund. As the Recreational Facilities Improvement and Refunding Revenue Bonds, Series 2001 issue retires in October 2010, the annual cash expenditure of $306,000 for debt payment can be shifted into a new debt issue. Based on this cash availability, at current market rates and a repayment term of 12 years, a new $2,550,000 debt issue can be formulated. The improvements being sought are (1) construction of a new, approximately 5,000 square foot club house; (2) tee box expansions/improvements; and, (3) partial irrigation system improvements. As work progresses on these items and "tighter" project estimates develop these objectives may be amended and modified accordingly. At any rate, the improvements must fit into a total budget of $2,195,000 which is expected to keep the new payment lower than the current Golf Course debt payment. Regarding each item, the objective is to: NEW CLUB HOUSE: Replace the existing cart barn, locker rooms, pro shop and full service restaurant with a new combined facility. Proposed location is between the existing holes #9 and #18 greens. Parking lot reconfiguration/improvements and new landscaping will be required. After the facility opens, existing facilities will be demolished. At a cost of approximately $250.00 per square foot, the construction estimate is $1,250,000. TEE BOX: The existing tee boxes on many of the 18 holes have become crowned and are undersized which increases turf deterioration. To provide flatter teeing areas and better surface conditions, it is recommended that all (or many of the high use) tee boxes be, at least, doubled in size. The City has significant dirt reserves, helping reduce cost in this process. Estimated cost $200,000. ~U5 IRRIGATION SYSTEM: The golf course has operated with the original 10 miles of underground PVC piping since 1981. While the irrigation system is functional, the PVC piping and the hydraulic controls are showing signs of wear. Based on costs, certain sections will need to be replaced. Sections to be replaced will be based upon budget availability, which will ultimately help turf quality. FINANCING AND BENCHMARKS FOR THE PROJECT Long-term financing for this project will be paid from the annual cash payments that are currently being applied to the outstanding Golf Course debt. That debt will not be completely paid until October 1, 2010. However, financing this project immediately can be accomplished by structuring the new debt to include refinancing the final October 1, 2010 payment on the old debt and to include reimbursement of project planning expenses. In this way, Golf Course cash flows would not be negatively impacted. The project planning expenses would be advanced from the Discretionary Sales Tax (DST) Fund and then reimbursed from the proceeds of the new debt when the funds become available. Following this plan, the proposed project estimates are as follows: ITEM ESTIMATED COST Club House $1,250,000 Irrigation System 470,000 Tee Box Improvements 200,000 Green #9 & #18 Relocation 100,000 Desi n Services 175,000 TOTAL DESIGN AND CONSTRUCTION $2,195,000 Financing Cost 49,000 Refinance October 1, 2010 Debt Pa ment 306,000 ESTIMATED SIZE OF NEW DEBT ISSUE $2,550,000 Additionally, we have attached the Golf Course's projected financial projections until Fiscal Year 2015, which includes the proposed debt payment. As you can see, with the proposed debt, the ending fund balance is still projected to be positive. Obviously there are a number of steps to execute. The initial step is to ensure that new debt could be issued. Council authorization and oversight, as well as public input are also critical. Below is a chart which outlines project benchmarks and time lines. BENCHMARK PROJECTED DATE Initial Council Authorization July 8, 2009 Internal Financial Planning (Contact Financial Advisors) July 2009 CCNA Process for Facility Design July/August 2009 Design Contract Approval (Council Authorization) August 2009 Borrow DST Funds -Repayable w/New Debt (Council Authorization) Late August 2009 Design Process (Public Hearings and Council Review) Sep 2009 -Feb 2010 Debt Issue Approval (Council Authorization) March 2010 Construction Bid Letting March 2010 Council Award Construction Contract April 2010 Construction April 2010 -Nov 2010 Facility Opening Nov 2010 -Dec 2010 RECOMMENDATION Seek direction and initial authorization from Council to begin project. f D f~ GOLF COURSE FUND FISCAL YEARS 2010-2015 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Totals Charges for Services $1,422,290 $1,483,200 $1,522,200 $1,522,200 $1,522,200 $1,522,200 $1,522,200 $10,516,490 Rents 31,500 32,000 32,800 33,620 34,461 35,322 36,205 235,908 Other Revenue 5,960 6,660 6,660 6,660 6,660 6,660 6,660 45,920 Note Proceeds - 2,550,000 - - - - - 2,550,000 Investment Income 5,243 4,200 23,519 22,166 21,226 20,483 20,743 117,580 PROJECTED REVENUE $1,464,993 $4,076,060 $1,585,179 $1,584,646 $1,584,546 $1,584,665 $1,585,808 $13,465,897 Operating Costs 1,355,482 Debt Service 304,990 Capital 90,670 TOTAL FY 09 1.751.142 Operating Costs Debt Service Financing Cost Capital TOTAL FY 10 Operating Costs Debt Service Capital TOTAL FY 11 Operating Costs Debt Service Capital TOTAL FY 12 Operating Costs Debt Service Capital TOTAL FY 13 Operating Costs Debt Service Capital TOTAL FY 14 Operating Costs Debt Service Capital TOTAL FY 15 SEVEN YEAR PROJECTION Beginning FY08-09 Fund Balance Total Revenue (FY09 - FY15) Total Expenses (FY09 - FY15) PROJECTED FUND BALANCE FY 15 BEGINNING FUND BALANCE TOTAL REVENUES EXPENDITURES+DEBT+TRANSFERS ENDING FUND BALANCE 1,314,141 614,845 49,000 2,195,000 4,172,986 1,314,141 260,545 65,000 1,639,686 1,314,141 260,545 48,000 1,622,686 1,314,141 260,545 40,000 1,614,686 1,314,141 260,545 1,574,686 FIVE YEAR PROJECTION 542,988 Beginning FY10-11 Fund Balance 13,465,897 Total Revenue (FY11 - FY15) 13,950,558 Total Expenses (FY11 - FY15) 58,327 PROJECTED FUND BALANCE FY 15 1,314,141 260,545 0 1,574,686 159,913 7,924,844 8,026,430 58,327 $ 542,988 $ 256,839 $ 159,913 $ 105,406 $ 67,366 $ 37,226 $ 47,205 $ 542,988 1,464,993 4,076,060 1,585,179 1,584,646 1,584,546 1,584,665 1,585,808 13,465,897 1,751,142 4,172,986 1,639,686 1,622,686 1,614,686 1,574,686 1,574,686 13,950,558 $ 256,839 $ 159,913 $ 105,406 $ 67,366 $ 37,226 $ 47,205 $ 58,327 $ 58,327 31 ~0 7