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HomeMy WebLinkAbout10252010REC Agenda6) New Business: CIYUF HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 228 -7052 FAX (772) 228 -7077 AGENDA CITY OF SEBASTIAN RECREATION ADVISORY COMMITTEE October 25, 2010 5:30 PM 1) Call Meeting to Order 2) Pledge of Allegiance 3) Roll Call 4) Approval of Minutes: September 27, 2010 Regular Meeting 5) Old Business: BSSC Flagpole Update Easy Street Lighting Impact Fee Ordinance Modifications Park Discussions 7) Input from Public 8) Chairman's Matters 9) Member comments 10) Staff Comments 11) Set next meeting date and agenda 12) Adjourn ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. RECREATION COMMITTEE MEETING MINUTES SEPTEMBER 27, 2010 The Sebastian Parks and Recreation Committee was called to order by the Chairman Mrs. White. Roll Call was taken and the following members were present: Mr. Sims, Mrs. White, Mrs. Webster, Mr. Tenerowicz, Mr. Simpson, Mr. Adams, Mr. VanArsdall. Staff members present were Linda Kinchen, Secretary; Al Minner, City Manager; Ken Killgore, Finance Director; and, Rebecca Grohall, Growth management Director. APPROVAL OF MINUTES Mr. Tenerowicz made a motion to approve the minutes from the August 30, 2010 meeting. The motion was seconded by Mr. Sims and passed unanimously. OLD BUSINESS 2010 EVALUATION AND APPRAISAL REPORT (EAR) PRESENTATION: Rebecca Grohall gives a brief presentation concerning the parks and recreation modifications to the EAR. Ms. Grohall sought input from the Parks and Recreation Committee prior to final adoption of the report by City Council. Mr. Tenerowicz asked if the EAR was specifically geared to Sebastian and also asked about parks maturity. Mr. Simpson requested that the EAR be modified to properly show the correct number of volleyball courts 1 at Barber Street Sports Complex (BSSC); 1 at Riverview Park; and, 1 at City Hall. Ms. Grohall indicated that the report would be changed accordingly. Mr. Simpson also expressed his excitement about the EARs proposal for improved greenways and blueways. Mr. Simpson inquired as to whether the report should be concerned about park funding. In response, Mr. Minner advised that the EAR was for planning purpose and should not be overly concerned with financing, as those issues will be addressed in capital improvement or other financial planning. Mr. Sims asked if there is any money for staff for additional recreation programs. Mr. Minner reported not at this time. Mr Minner advised the Committee that a better time to discuss staff additions was in January when preparation for the annual budget begins. Mr. Adams asks for clarification on 2 acres vs 4 acres per 1,000. Ms. Grohall clarified. A motion was made by Mr. Sims to recommend approval of the Recreational and Parks Element to the EAR. The motion was seconded by Mr. Tenerowicz and passed unanimously. Parks and Recreation Minutes September 27, 2010 Page Two IMPACT FEES Ken Killgore spoke about the recreational impact fee fund balances and how to read the report. Discussion turned to whether zones should be disbanded. Mr. Simpson and Mr. Van Arsdall expressed that zones should be kept. Mr. Simpson suggested that if funds are not spent within a designated zone in certain time parameters, than the money should be shifted to "all zones The committee generally agreed with this concept and requested to discuss this matter more, with a recommendation to Council to follow. FISHING IN PONDS Following a brief staff report, no action was taken on this item. FLAG POLE After staff report on cost and location of a flag pole at BSSC, Mr. VanArsdall wanted to contact the company in order to investigate additional specifications. PARK SIGNS After a brief staff report, Committee requested that a two sided marquee sign be constructed at BSSC near baseball field parking area. In addition, Committee requested a "regular style" sign for Hardee Park. Committee also requested that park addresses be on the signs for emergency purpose. Mr. Minner reported that the sign request would be executed by staff. PLAYGROUND AT HARDEE PARK Staff reported on different styles and costs for constructing play ground equipment at Hardee Park. After discussion, the Committee concluded that the "Curve and Swerve" equipment, plus swing set is their equipment recommendation. Mr. Tenerowicz led additional discussion on size and cost. Mr. Minner reported that the budget allocation was $35,705. and staff understood the Committee equipment consensus. With this information, Mr. Minner advised that staff would move forward with the project and report back to the Committee if the project would go over budget EASY STREET LIGHTING After a report on lighting styles and costs, discussion followed. The Committee did not come to a consensus on this item. Mrs. White asked committee to view Hardee Park and other parks at night and discuss this item again at the next meeting. Parks and Recreation Minutes September 27, 2010 The next meeting was discussed and set for Monday, October 25, 2010. PUBLIC INPUT Jake Sunnycalb Was very encouraged about the last few Parks and Recreation Committee meetings. Asked that Margie Reynolds come to the next meeting in order to discuss water lilys in the ponds. Mr. Minner said there was some hesitation to put them in ponds because canals are sprayed monthly and they will die. Mr. Sunnycalb informed committee about concern that ducks are being stolen and requested police assistance /night watch. CHAIRMAN'S MATTERS MEMBERS MATTERS Page Three Mrs. White: Have experienced happiness with accomplishments of Committee and Committee input to date. Mr. Van Arsdall asked Mr. Minner a few questions about splash pad cover funding. Mr. Minner informed Committee the FDRAP grant was not approved, but the City is moving forward with the project because there was a FY 10 allocation. Mr. Tenerowicz suggested that Fish and Wildlife come to a meeting to discuss plants in the ponds. Mr. Adams asked about additional golf clinic. Mr. Minner reported that golf staff has been short handed and would like to consider this at a time when staff is more available. STAFF COMMENTS Ms. Kinchen advised that a date for the "Movie on the Green" had not been set, but is working with Brevard County staff to coordinate a date. With no other business to come before the Parks and Recreation Committee, Mrs. White declared the meeting adjourned at 7:30 PM. Approved October 25 2010 Regular Meeting. By JoAnne White Chairman, Parks and Recreation Committee Linda Kinchen From: jayvanarsdall @comcast.net Sent: Monday, October 18, 2010 5:18 PM To: Lanam, Mitchell Cc: Linda Kinchen Subject: Fwd: Flags FYI, it looks like we'll be getting the flag pole (see below). Jay Van Arsdall Forwarded Message From: KHHenderson @Woodmen.org To: jayvanarsdall @comcast.net Sent: Monday, October 18, 2010 2:39:15 PM Subject: Re: Flags Update for you: We are working on getting that pole ordered and I will let you know when it comes in and we'll meet up to deliver it. We would want to do some type of dedication at some point and time. Fraternally, Holland Henderson, FIC Area Manager Woodmen of the World This communication, along with any attachments, is covered by the federal and state law governing electronic communications and may contain confidential and proprietary information. If the reader of this message is not the intended recipient, you are hereby notified that any distribution use of copying this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. 10/19/2010 jayvanarsdall @com cast. net To 10/10/201009:44 KHHenderson @Woodmen.org PM cc Re: Flags Subject Page 1 of 3 Mr. Henderson: I have received approval from both the City of Sebastian and the Sebastian Sharks Youth Football and Cheerleading Association (SSYFCA) to install a flag pole at our facility. It cannot be more than 30 feet tall, and we have a location that is acceptable. Please let me know what we need to do from here. Thank you. Jay Van Arsdall Sebastian, FL Original Message From: KHHenderson @Woodmen.org To: jayvanarsdall @comcast.net Sent: Tuesday, August 17, 2010 10:55:01 AM Subject: Re: Flags Mr. Arsdall, We would love the opportunity to get a flag pole put up on your field. If you would go ahead and see what the city would allow us to do and we will go from there. Look forward to hearing from you. Holland Henderson, FIC Area Manager Woodmen of the World This communication, along with any attachments, is covered by the federal and state law governing electronic communications and may contain confidential and proprietary information. If the reader of this message is not the intended recipient, you are hereby notified that any distribution use of copying this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. 10/19/2010 jayvanarsdall @com cast. net Page 2 of 3 Mr. Henderson: Jay Van Arsdall Sebastian, FL 10/19/2010 To 08/15/2010 05:55 KHHenderson @woodmen.org PM cc Flags Subject I am a buyer for the City of Vero Beach. You stopped by my office a while back. I was unable to speak for the City of Vero, but referred you to the City Clerk's office. I also mentioned the youth football league that coach in. The City of Sebastian, where I live, has budgeted money for next year to make improvements to our football fields and a local organization has donated money to make capital improvements to the facilities. In our last board meeting, I informed them of our meeting and some of the work that your organization does. I told them that one of the things that our field is missing is a flag pole and flag. When we have the national anthem before games, we have a little flag on a pole that we open the window of the press box and insert in a holding bracket mounted on the side of the building. With the improvements to the field and the building, I requested and the board approved for me to look into the possibility of your organization providing /installing a "large" permanent pole (probably near the scoreboard), providing a flag and participating in something like a "re- opening" ceremony for the facility next year. I am on the City of Sebastian parks board and I am going to will see if I can find out about "building codes" to install a flag pole. Please let me know if you are interested and what you would need me to do. Thank you. Page 3 of 3 City of Sebastian, Florida Subject: Recreation Impact Fees Proposed Amendment to the City Code Section 74 -55 Regarding Use of Fees Paid. Approved for Submittal by: Al Minner, City Manager Exhibits: Ordinance No. 0 -01 -15 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A Agenda No. Department Origin: Administrative Service Reviewed By: City Attorney: City Clerk: Date Submitted: October 20, 2010 For Agenda of: October 25, 2010 APPROPRIATION REQUIRED: N/A SUMMARY Recreation Impact Fees were created by Ordinance No. 0- 01 -15. One section of that Ordinance created City Code Section 74 -55 that requires that the fees be accounted for separately by Zone and be encumbered within seven (7) years of being collected. At the September 27, 2010 meeting of the Parks and Recreation Advisory Board, Staff was requested to propose language that would allow unencumbered funds to be used for Neighborhood Park improvements or new facilities needed in a different Recreation Zone. Shown below is the exact wording of the relevant Section from the City Code with the proposed wording change highlighted: "The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreational improvements or facilities, but may not be used on a Neighborhood Park facility located in a different Recreation Zone than the one containing the originating development unless it is determined by the City Council that a particular Recreation Zone has been sufficiently funded and a reallocation of unspent funds to another Recreation Zone is warranted. The city shall maintain records of all funds expended and the purposes for which they were expended. Funds must be encumbered for a qualifying project within seven (7) years of being collected." The proposed wording should allow Zones needing additional funding for Neighborhood Park improvements or facilities that exceed the unexpended balances of funds collected within those Zones to receive funding from Zones where collections have been in excess of their needs for Neighborhood Parks improvements or facilities. RECOMMENDED ACTION The Parks and Recreation Committee should review the proposed change and determine if they want to have it presented to the City Council for consideration. ORDINANCE NO. 0-01-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE III RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council finds that growth should pay for its own impacts rather than burdening the resources of the existing citizenry; and WHEREAS, the City Comprehensive Growth Management Plan adopts levels of service for various parks and recreational facilities; and WHEREAS, the City Council has determined that it is the public interest to require new development to provide facilities equivalent to the adopted levels of service even in areas where sufficient capacity exists because it is unjust to the citizenry to allow new growth to lower existing standards that are above the minimum requirements of the City; and WHEREAS, the City Council finds that under existing market conditions, and based upon the statistical average of 2.52 residents per household as set forth in the Comprehensive Plan, it is a fair estimate that the cost to meet the levels of service for land acquisition is $325 and for facility construction is $650 per household; and WHEREAS, pursuant to that certain action styled In re General Development Corporation, et al, Case No. 90 12231 BKC A.IC, United States Bankruptcy Court for the Southern District of Florida, conveyances of land were made to the City in satisfaction of any future requirement to dedicate land for park use in the development of Sebastian Highlands; and WHEREAS, a funding source is needed to develop this inventory of unimproved park land as well as future park acquisitions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Chapter 74, Article 111 Recreational Impact Fee beginning with section 74 -50 which shall read as follows: Sec. 74 50. Fee required. The payment of a fee to the city in the amount of $975 to be used for the acquisition, expansion, construction and provision of city recreational facilities shall be required as a condition of the issuance of a building permit for any newly constructed dwelling unit of any kind. A dwelling unit shall be considered newly constructed whether it is constructed on a vacant lot or parcel, is the reconstruction or renovation of a building that was not previously occupied as a dwelling unit of any kind, or whether it is an additional dwelling unit added to a lot, parcel, tract of property, thereby increasing the total number of dwelling units to two (2) or more. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74 -51 which shall read as follows: Sec. 74 -51. Credit for parcels vested under 1992 Bankruptcy Court Order. Pursuant to the Settlement Agreement and Order in Case No. 90- 12231- BKC-AJC of the United States Bankruptcy Court for the Southern District of Florida, the fee for lots developed pursuant to the plats of the Sebastian Highlands Units 1 -17 shall be $650, which represents a credit of $325 for the pro -rata amount of the impact fee attributable to costs of land acquisition under the level of service standards of the Comprehensive Plan. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74 -52 which shall read as follows: Sec. 74 52. Credit for the dedication of land for active recreation uses. Upon the dedication of two (2) or more contiguous acres of land to the city as hereinafter set forth, a developer shall receive a credit against the fee otherwise required to be paid pursuant to this article. The credit shall be applied as follows: (1) The credit shall become effective upon city council acceptance of the dedication of the land. Said land shall not be accepted by the city council unless it finds the land to be suitable for public park or active recreation purposes. In determining the suitability of the land for such purposes, the city council may consider all factors and variables affecting such suitability, including, but not limited to: a. Access from paved public streets. b. Size. c. Fair market value. d. Physical characteristics and qualities. e. Proximity of the land to other recreation facilities. f. Availability of city funds to construct facilities on the land. g. Conformance with the city's comprehensive plan. Conservation lands required as a condition of development approval by regulatory agencies shall not be eligible for impact fee credits. (2) The fair market value of the land to be dedicated shall be established by a formal MAI appraisal which is acceptable to the city. The appraisal shall be provided by the developer at his expense. The developer shall provide the City Manager or his designee with detailed plans and specifications of any improvements and facilities to be constructed thereupon, including estimates and information as to costs, and the city shall make a determination as to the credit available for such construction. (3) The land shall be dedicated to the city in fee simple, and shall be free of any liens or encumbrances. (4) The credit shall be calculated as a ratio of the fair market value of land dedicated, plus the value of any facilities constructed thereupon by the developer, divided by the total recreational impact fee required to be paid. The fee required to be paid pursuant to this article shall be reduced by the percentage of credit determined by the above formula. (5) Recreation impact fees credited to a developer, for dedications and improvements eligible for impact fee credits, shall be provided on a lot by lot basis. The impact fee amount shall be reduced equally for each lot or in the case of multi family residential projects each dwelling unit, within the development by assessing the total impact fee per lot or unit minus the proportionate share of the credit applied to each lot. (6) If the percentage of credit is one hundred (100) per cent or more, no fee shall be required to be paid. Any dedications valued in excess of the total projected impact fee due for the project shall result in an impact fee credit in favor of the developer, which shall be assignable and shall remain in effect for a maximum of ten (10) years. Such excess credits may be used anywhere within the City if arising from the dedication of a Community Park facility. However, credit arising from dedication of Neighborhood Park facilities may only be utilized within the recreational zone in which the development containing the dedicated facility is located. (7) A recreation impact fee agreement shall be provided governing credits and payment of fees. Such agreement shall be acceptable to the city attorney and city manager, and shall be recorded. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74 -53 which shall read as follows: Sec. 74 53. Time of payment. The fee required by this article shall be paid at the time the building permit is issued for each dwelling unit. Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74 -54 which shall read as follows: Sec. 74 Establishment of Recreation Zones The City shall be divided into four (4) recreational zones which shall function as service areas for Neighborhood Park facilities as follows: Zone A Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing as the same line becomes the City Limits; thence follow said City Limits to the west and around until the same intersects with CR 512; thence follow northeast along the centerline of CR 512 to the Point of Beginning. Zone B Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing until said line intersects with the City Limits along the northwest corner of the former St. Sebastian PUD; thence follow said City Limits to the northeast and around until the same intersects with the boundary between Sections 7 18; thence follow west along said section line continuing as it becomes the boundary between Sections 12 13 until the same intersects with the centerline of CR 512; thence along said right -of -way to the Point of Beginning. Zone C Begin at the point the City Limits intersect the boundary of Sections 7 18 from the north; thence follow said City Limits east and around south until the same intersects with Powerline Road; thence follow the centerline of Powerline Road north to Barber Street; thence follow Barber Street to the west and north to the centerline of the Elkam Waterway; thence follow the centerline of the Elkam Waterway east to mouth of the Collier Waterway; thence follow the Collier Waterway to the point it intersects with the boundary of Sections 12 13; thence follow east along said section line, continuing as it becomes the boundary of Sections 7 18 to the Point of Beginning. Zone D Begin at the point the boundary of Sections 12 13 intersects the centerline CR 512; thence follow said section line east to the point the Collier Waterway intersects the same from the south; thence follow the centerline of the Collier Waterway until it intersects with the Elkam Waterway; thence follow the centerline of the Elkarn Waterway to the west to the centerline of Barber Street; thence follow the centerline of Barber Street to the south and east to the intersection with Powerline Road; thence follow the centerline of Powerline Road south to the City Limits; thence follow the City Limits to the west and around to the north to CR 51 thence follow along the centerline of CR 512 to the northeast to the point of beginning. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74 -55 which shall read as follows: Sec. 75 55. Use of fees paid. The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreational improvements or facilities, but may not be used on a Neighborhood Park facility located in a different Recreation Zone than the one containing the originating development. The city shall maintain records of all funds expended and the purposes for which they were expended. Funds must be encumbered for a qualifying project within seven (7) years of being collected. Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. 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 of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. This Ordinance shall take effect August 1, 2001, following its adoption by the City Council. Complete and proper building permit applications submitted prior to the effective date shall not be assessed the fee, however, the fee shall become due upon filing any supplemental information for the application or for any extension of a pre existing building permit. The foregoing Ordinance was moved for adoption by Councilmember Barczyk The motion was seconded by Councilmember Bishop and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice -Mayor Ben A. Bishop aye Councilmember Joe Barczyk aye Councilmember Edward J. Majcher, Jr. aye Councilmember James Hill aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11 day of July, 2001. ATTEST: Sally A. N .io, CMC City Clerk only: CITY OF SEBASTIAN, FLORIDA By: W eanr000 Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian Rich Stringer, City AttoYfney SE OF HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589 -5330 FAX (561) 589 -5570 Ordinance 0 -01 -15 CITY OF SEBASTIAN RECREATIONAL IMPACT FEE WORKSHEET Note: Per the Housing Element data survey of the Comprehensive Plan for the City of Sebastian, each dwelling unit averages 2.52 residents. All Levels of Service (LOS) set in Recreational Element of Plan. PARK LANDS Facility LOS Total Cost Unit Cost Neighborhood Park 2 ac. per 1000 $15,000 per acre $75.60 Community Park 2 ac. per 1000 $50,000 per acre $252.00 TOTAL $327.60 ACTIVE FACILITIES Facility LOS Total Cost Unit Cost Tennis Courts 1 per 2,000 $40,000 each $45.00 Racketball /Handball 1 per 10,000 $62,500 each $15.75 Basketball Courts 1 per 5,000 $16,400 each $8.27 Softball /Baseball Fields 1 per 3,000 $225,000 each $189.00 Community Pool 1 per 8,700 $550,000 each $158.95 Golf Courses 9 holes /50,000 $1,2000,000 per 9 $60.48 Boat Ramps 1 per 4,700 $175,000 each $93.80 Football/Soccer Fields 1 per 4,000 $68,450 each $43.12 Shuffleboard Courts 1 per 1,000 $3,500 each $8.80 Playgrounds 1 per 7,500 $70,000 each $23.52 Volleyball Courts 1 per 12,000 $7,000 each $1.47 TOTAL $648.16 TOTAL IMPACT PER RESIDENTIAL UNIT $975.76 "An Equal Opportunity Employer" Celebrating Our 75th Anniversary On July 18, 2001, at a special meeting to complete the agenda from its July 11, 2001 regular meeting, upon a Motion to Reconsider Ordinance 0 -01 -15 made by Vice Mayor Bishop and seconded by Councilman Hill, the City Council by a 4 -1 vote (with Councilman Majcher dissenting) set Ordinance 0 -01 -15 on the July 25, 2001 regular meeting agenda for reconsideration. Thereupon, the foregoing Ordinance was moved for adoption by Councilmember Hill with the modification that the effective date as set forth in Section 9 be changed from August 1, 2001, to October 1, 2001. The motion was seconded by Vice -Mayor Bishop and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes ave Vice -Mayor Ben A. Bishop aye Councilmember Joe Barczyk nay Councilmember Edward J. Majcher, Jr. nay Councilmember James Hill aye The Mayor thereupon declared this Ordinance, as modified upon reconsideration, duly passed and adopted this 25 day of July, 2001. ATTEST: Sally A. City Cler UPON RECONSIDERATION CITY OF SEBASTIAN, FLORIDA By: Vl)ra�1k ilDJ \rr P Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City At