Loading...
HomeMy WebLinkAbout02092011AgendaBrief Announcements CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 9, 2011 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Rabbi John Goldring, Congregation Beth El 3. PLEDGE OF ALLEGIANCE Led by Council Member Wolff 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. 11.023 A. Proclamation Problem Gambling Awareness Week, March 6 -12, 2011 5 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. 7 -11 A. Approval of Minutes 1/26/11 Regular Meeting 11.014 B. Grant to Sebastian River Area Chamber of Commerce for Aviation Marketing 19 -29 Proposal on www.aero news.net in the Amount of $5,000 (Airport Transmittal, Letters, Info) 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. 11.020 A. Planning and Zoning Commission 31 -51 (City Clerk Transmittal, Letters, Applications, Ad, List) Interview, Unless Waived and Submit Nominations for Two Members: a. Three Year Regular Member Term 2/1/2011 to 2/1/2014 b. Unexpired Regular Member Term 3/1/2011 to 6/1/2012 9. PUBLIC HEARINGS Procedures for public hearings: Mayor opens hearing Attomey 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. 11.010 A. Ordinance No. 0 -11 -01 Repealing Code Chapter 22 Aviation (Airport Transmittal, 53 -57 0- 11 -01) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING CHAPTER 22, ARTICLE II; AVIATION IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 1/26/11) 10. UNFINISHED BUSINESS 11.009 A. Powerline Road Design Update (City Manager Transmittal) 59 11. PUBLIC INPUT 12. NEW BUSINESS 11.010 A. Resolution No. R -11 -03 Repealing Airport Field Rule Resolution and Officially 61 -71 Adopting Airport Principal Guiding Documents as Official Airport Regulations A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NOS. R- 79 -11, R- 85 -12, R- 85 -27, AND R -86 -12 WHICH ESTABLISHED FIELD RULES FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE SEBASTIAN AIRPORT PRINCIPAL GUIDING DOCUMENT AS APROVED IN APRIL 2007 TO BE THE OFFICIAL AIRPORT REGULATORY DOCUMENT; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. 11.024 B. Quarter Round Drainage Improvement Update (City Manager Transmittal) 73 11.025 C. First Reading of Ordinance No. 0 -11 -03 Amending Code Chapter 46 75-105 Flood Damage Prevention (Building Dept. Transmittal, 0- 11 -03, Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CHAPTER 46 OF THE CODE OF ORDINANCES IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 46 REGARDING FLOOD DAMAGE PREVENTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 11.026 A. Sebastian Municipal Airport Habitat Restoration /Burn Update (no backup) 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Hill B. Vice Mayor Wright C. Council Member Coy D. Council Member Gillmor 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 EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S. 286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: February 23, 2011— 6:30 pm March 2, 2011Joint Meeting with School Board 5:30 pm March 9, 2011— 6:30 pm March 23, 2011— 6:30 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business Ni New Business Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); J Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters J 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 agenda 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 the 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. 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 to for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE 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 be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 61Y OF SEBAS��, HOME OF PELICAN ISLAND Problem Gambling Awareness Week March 6 12, 2011 WHEREAS, problem gambling is a public safety issue whose actions impact family, friends, and businesses with significant societal and economic costs, affecting more than one million Floridians of all ages, races, and ethnic backgrounds in all communities; and WHEREAS, with each problem gambler directly affecting 8 -10 individuals with negative consequences to personal and social relationships of the immediate family to include physical violence and emotional abuse; and WHEREAS, the Florida Council on Compulsive Gambling's public awareness campaign provides an opportunity to educate the public, policymakers, educators, businesses, mental health, and criminal justice professionals, and others, about the adverse effects of gambling, its social, legal, financial, and emotional impacts, as well as available treatment; and WHEREAS, problem gambling is treatable for those who seek help, which minimizes the harm to Floridians and to the state as a whole; and WHEREAS, numerous individuals, professionals, and organizations who are dedicated to assisting families in need can participate in preventing problem gambling by promoting the statewide 24 -hour HelpLine, 888 ADMIT -IT, and by making assessments and treatment readily available; and WHEREAS, the state can also join in the recognition of the Florida Council on Compulsive Gambling's 23rd year in providing diverse services and support for problem gamblers and their families; NOW THEREFORE, I, Jim Hill, Mayor of the City of Sebastian do hereby proclaim the week of March 6 -12, 2011, as "Problem Gambling Awareness Week" IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 9th day of February, 2011. Hill, Mayor (1. City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Eugene Wolff QTY or HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 26, 2011 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular Meeting to order at 6:30 p.m. 2. Reverend Tim Woodard of the United Church of Christ gave the invocation. 3. The Pledge of Allegiance was led by Girl Scout Troop 50003. Mayor Hill urged everyone to break their New Year's Resolution and support the Girl Scout's annual cookie sale which is their biggest fundraiser. 4. ROLL CALL City Council Absent: Council Member Richard H. Gillmor (excused) Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Mike Beyer Public Works Director, Jerry Converse Fleet Superintendent, Greg Schmidt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Hill requested removing item 8B due to a last minute resignation from the agenda and there was no objection. 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. Regular City Council Meeting January 26, 2011 Page Two 11.014 A. Economic Development Presentation Beth Mitchell, Executive Director, 5 Sebastian River Area Chamber of Commerce and Joe Griffin, City of Sebastian Economic Development Director (City Manaqer Transmittal) 6:54 pm 7:10 pm Brief Announcements Ms. Coy thanked everyone involved in the Fine Art and Music Festival which was a spectacular event with superior arts and crafts. Mayor Hill congratulated them on their 10 year. Beth Mitchell, Executive Director, presented a PowerPoint presentation going over the Chamber's activities for the last year. (see attached) She described a new committee formed, which includes Vice Mayor Wright, called the North County Business Development Committee to help support existing businesses, attract new businesses and streamline the regulatory process. Mr. Wolff asked, with the Chamber's increased foot traffic, what measures they have translated to members' businesses. Ms. Mitchell said they identify what visitors are looking for and direct them where they need to be. Mr. Wolff cited since 2005, there has been an addition of 25,000 square feet of light industrial capacity and he asked if that has translated into jobs. Ms. Mitchell said in 2005 it was 286,000 square feet and in 2010 it was 11,311 square feet and she was trying to demonstrate industrial development has greatly decreased. Mr. Wolff asked about the Workforce Solutions Bus. Ms. Mitchell described the manned, computer lined bus that is available for people who have applied to Workforce Solutions to use on a regular basis and is parked in Riverview Park every Friday. Mr. Wolff asked how we are attracting people who travel through our area on the lagoon. Ms. Mitchell said they have been promoting actively on water based websites for boaters, and marine related websites. Mayor Hill thanked Ms. Mitchell, said it looks like we are starting to trend in the right direction and he looked forward to the potential of advertising on www.aero news.net. Joe Griffin, Airport Director, and Economic Development Director, gave a PowerPoint presentation on the City's economic development efforts. (see attached) Mr. Wright said when we look at shovel ready areas on the east side of the Airport, with buildings going in, he asked how much more room there is. The Airport Director said on the east side, aviation specific with runway access has approximately another 25,000 square feet, and southeast of that another 35,000 square feet without runway access. Mayor Hill asked if the LDC review will coincide with the North County Business Development Committee review. The Airport Director said P Z has scheduled a review of the LDC. Mayor Hill suggested the Chamber's committee should know about the LDC revisions. Ms. Mitchell said that is a good suggestion, their goal is business development and they planned to identify 10 problem areas for businesses. Mayor Hill said he assumed the overlay and CR512 would be of interest to the business community and suggested they work together. 2 Regular City Council Meeting January 26, 2011 Page Three Mr. Wright said there maybe a little difference in the focus, the Committee will focus on things that have caused them problems in terms of permitting, building situations; which may overlap in code review but the purpose is to find 10 onerous things they have to overcome everyday. Ms. Mitchell said she will reach out to the City Manager and get recommendations to P Z or Council, saying not only will it work to bring in business but also include expansion which is as important to the business community. Mr. Wolff said it would be nice to know about it and they have to take into account the Construction Board review as well. The City Manager said overall coordination isn't an issue because LDC changes must go before P Z; the Chamber can bring issues at any time and the sooner the better; the LDC is a giant and they wouldn't see changes overnight. The City Manager said he thought it might be best for the City to stay out of the Chamber's process. Mr. Wolff gave a snapshot of the industry noting the government has put two state jets up for sale; and at the Cape government has put up "for rent" signs, curtailed operations and are looking for companies to come use the facilities; Piper pulled out of a marketing deal with the light sport aircraft Czech manufacturer; but it does appear Melbourne Airport is doing something right since they just inked an agreement with a Brazilian company that will bring jobs to the area. He asked the Director how he sees the industry snapshot. The Airport Director said the Brazilian company, Embraer, is going to assemble biz jets which will take the pressure off some of the folks that will lose their jobs at the Cape. Mr. Wolff said it would be great to talk to Embraer management and have them fly in and out of Sebastian. The Airport Director said the runway length has to be 5,500 feet and ours is 4,000 so we are restricted there. The Airport Director said he realized Sebastian's Airport didn't have its own marketing brand where they fit in the marketplace, so they came up with "Florida's Boutique Airport" small, specialized, and unique. 11.015 B. Goals and Accomplishments City Manager (City Manager Transmittal) 7 7.30 -8:13 pm The City Manager gave a PowerPoint presentation on accomplishments and goals and sought Council's input for future goals. (see attached) Ms. Coy said we need to sit down with the School Board to see if they can share some facilities in the interim until we build a new community center. Mayor Hill said the School Board's Chairman has indicated they want to meet informally and he asked the City Clerk to set up a meeting in Council Chambers. Mr. Wolff suggested they should come prepared to answer questions and guide them in regard to liability issues. Mr. Wright said there are sea wall issues with Schumann Lake and Collier Creek that will be coming up eventually; he would like a technology committee set up to provide reviews on our computers, telephone systems to make sure we don't get out of date and get hit with huge expenditures to update technology. Ms. Coy asked him to be more specific. 3 Regular City Council Meeting January 26, 2011 Page Four Mr. Wright said we have older phone and computer systems, noting if we have a breakdown we could be talking about a substantial amount of money. Mr. Wolff said maybe there should be some insurance we could take out because your computer is always in danger, anyone can come along and say we don't have the latest, it would be an open checkbook and he asked what he envisioned. Mr. Wright said he is not an expert but if wait too long it is major funding for an overhaul. Ms. Coy asked if that wasn't what MIS should be doing, noting we have experts on staff. Mayor Hill suggested the City Manager provide a quarterly report of where we stand to make sure we are on top of these things. Mr. Wright asked that they go back to the Chamber presentation, noting there was a request for funding; we have the Airport facility where there is the most potential for job growth, and we should be promoting it. He said the Chamber has obtained $5,000 and they need $10,000 to advertise Sebastian on the aeronautical websites. Mayor Hill said it would be more appropriate to bring this back as an agenda item as they are in the presentation section of the agenda and this is not an actionable item. Mr. Wright said spending that amount would be in the City Manager's authority. Mayor Hill said the City Manager could make that decision but would like direction from Council before he does. Mr. Wolff asked if there was any backup to look at. Mayor Hill suggested bringing it back as an actionable item with public input. There was no objection from the other Members. Mr. Wolff said it was a very thorough presentation, the City Manager has done a fine job, it's not easy with a lot of tugging in all direction, but the toughest issue is personnel because it is such a large part of the budget, they don't spend much time discussing it, and it is going to be tough going forward at the same level they enjoy, but it will beg for more serious discussion. The City Manager said he did have trepidation about early budget preparation and Mr. Wolff plucked the chord, we do as well as we can, but at the end of the day, it comes down to balancing the budget and what we do with personnel. He said it is one of the down sides to working for the public, we chose to work here, but that is not the case for others, they sit there and wonder from now to October what is going to happen with their job; he has plans and knows where he can nip and tuck and it will affect people. Mr. Wolff said another area is the Golf Course, that it would be nice if we can bring out an event to shine the spotlight on the facility and showcase it the best that we can. Ms. Coy said the quarter round project has significantly changed since the last time it was published, north Easy Street, and along CR512 was redug and it was promised for quarter round but now it's not coming. The City Manager said it got shifted, he has a map in his office that estimates it would take 30 years to get throughout the community, he has tried to shift monies, work back at the outfalls, work where there are maximum problems, Easy Street, hear other complaints that have been louder, and that's where the money was shifted. 4 Regular City Council Meeting January 26, 2011 Page Five Mr. Wolff said he spent time with the City Manager looking at the map and the City Manager should describe what he saw during Tropical Storm Fay and his plans to address the critical areas. The City Manager said Fay happened before South Easy quarter round, then they identified crossings in the Clearbrook area that have opened up along with additional problematic areas. The City Manager said they have so many drainage problems that it is tough to manage. Ms. Coy said she "got it" but when it's on the plan and then you shift the plan, it is very difficult for Council when they have placated people by saying an area is next. Ms. Coy said she will come in and talk to the City Manager. Mayor Hill said he has done the same thing in telling people their street is on the list. The City Manager offered to bring the map to the public at the next meeting, and show how staff is trying to prioritize it. Mr. Wolff said this discussion affects residents' quality of life, he asked what if we added a dollar to the storm water fee, saying it's a money issue. He said when the City Manager comes back with the map he may come back prepared to say what does 50 cents do or a dollar. Ms. Coy said there are people that have postponed driveways waiting for the quarter round so there are money issues for them. Mayor Hill said he is pleased with the City Manager's performance, and that he and employees have accomplished a lot. He said the cost of maintenance is critical going forward with the CIP projects with less employees; he has started to receive a complaint here and there. He asked if the Airport Park is being utilized. The Airport Director responded it is being utilized a lot. Mayor Hill cited four City websites: retirement, economic develop, CRA, and City website noting he visited them and noticed the Main Street project is still on the CRA website. The City Manager said he is working on updating the CRA website. Mayor Hill said there are four websites being managed by different people, and it should be just as easy to have one person maintain them on a regular basis; and asked the City Manager to focus on that. The City Manager asked Council if they wanted to see the goals come back in the form of a resolution. Mayor Hill said he believed goals are constantly changing, requested his presentation be e- mailed to him, noting in a couple of weeks something could come up that changes Council's goals and objectives. He said he preferred going forward knowing this is where we are today. Ms. Coy asked him to include the School Board meeting. Mr. Wright said they reserve the right to reprioritize but they are moving in the right direction as a City. 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. Regular City Council Meeting January 26, 2011 Page Six 9 -17 A. Approval of Minutes 1/5/11 Special CRA/Council Joint Meeting 19 -14 B. Approval of Minutes 1/12/11 Regular Meeting 11.016 C. Continue Fuel Purchase through Piggyback from St. Lucie County School 33 -53 Board Bid with Glover Oil, Melbourne, FL until July 21, 2011 (Public Works Transmittal, Fuel Purchases, Contract Info) 11.017 D. Approve Renewal of Sharks Use Agreement for Barber Street Sports Complex 55-66 With Term to Expire 12/31/15 (City Manager Transmittal, Agreement) 11.018 E. Approve License Agreement with Gulf Stream Council Boy Scouts of America for 67 -76 Camporee at Sebastian Municipal Airport from March 4 -6, 2011 (Airport Transmittal, Plan, Agreement) MOTION by Ms. Coy and SECOND by Mr. Wolff to approve items A -E. Result of the Roll Call: Ayes: All Nays: 0 Passed 4 -0. (Gillmor absent) Mayor Hill recessed the meeting at 8:45 p.m. and reconvened the meeting at 8:59 p.m. All members except Mr. Gillmor were present. 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. 11.019 A. Sebastian Representative on MPO Bicycle Advisory Committee 77 -79 (City Clerk Transmittal, County Info) Officially Confirm City Representative or Direct Staff to Re- Advertise 11.020 The City Clerk explained that the Council appointee, Ms. Mulcahy has not been able to attend the meetings and Mr. McCarthy has been taking her place. There was a motion by Mayor Hill, seconded by Ms. Coy, however, typically these appointments are made by nomination of Council and appointment by the Mayor as long as there is no objection. B. Planning Zoning Commiccion ii. Interview Unlec Waived, and Appoint One Expircd Alternate Member Pulled from consideration. 9. PUBLIC HEARINGS none. 10. UNFINISHED BUSINESS none. 6 Regular City Council Meeting January 26, 2011 Page Seven 11. PUBLIC INPUT Will Davis said he and his wife are opening a new business, including e- commerce, called Sebastian Ammo that will benefit the community by bringing in money, add staff, and provide competitive pricing. He said they have had issues with the Building and Fire Departments relating to code, and suggested streamlining the process and start a mentoring program to help people through the process. Mayor Hill welcomed him to the community. Mr. Wright asked for the business' location. Mr. Davis said it is on the eastbound side of CR512. Ms. Coy said the City does have Economic Development Director, Joe Griffin to help businesses but there may be a need to do a better job of finding the person. The City Manager said they have known about Mr. Davis' case since it started, and have been helping him from the get -go, and we have done our best to weave him through the system. Mr. Wolff asked him if he explored the City's websites. Mr. Davis said he visits the website frequently for information, the layout is decent but the performance of the site is horrific. In response to Mr. Wolff, he said he did not seek the economic website. Damien Gilliams welcomed Mr. Davis and asked why we don't have everything on one website; said if the City could get their act together there is SBA money to help businesses; thanked the City Manager for his presentation noting he could get more funding if he got creative by contacting the Dept. of Corrections to clean the swales, keep the taxes down; start a citizens academy to do the webpage; to attract businesses look at the schools partnership with the schools with math and science like Brevard County does or else we won't be able to compete with the global market; good idea to put goals in writing to hold the City Manager accountable; there are empty industry properties that the City should not be competing with -keep the Airport aviation related; the phone system is outdated —all conversations should be recorded for quality assurance; going to bring Hurricane Harbor and the waterfront to forefront noting there was furniture in that building and he asked the Mayor if he could tell him where the furniture went from Hurricane Harbor. Mayor Hill said he had 15 seconds. Mr. Gilliams said it was despicable with what Council did with the waterfront and Kayaks Etc. except for Mr. Wolff. Ms. Coy called for a point of order saying she objected to Mr. Gilliams' using a business name that was not present. Ms. Coy said at the request of the owner of Kayaks Etc., Mr. Gilliams did not have their permission to use Kayaks Etc. name. Vice Mayor Wright called a point of order but Mr. Gilliams time limit had expired. Cory Taylor, 7065 Carnival Terrace, said he has met with Mr. Davis and he is impressed with his business plan and store and what ever Council can do to get him up and running will be great for the community. Ben Hocker, Sebastian, said he read in the paper today we are removing part of the buffer on Roseland Road, and asked if the 30 -40 ft high pines were indigenous. Mayor Hill responded the Australian Pines were invasive. Regular City Council Meeting January 26, 2011 Page Eight Mr. Hocker thanked staff for their help and suggested merging the websites into one site. 12. NEW BUSINESS 11.021 A. Review Parking Study (City Manager Transmittal, Study Report) 93 -170 Brandon Schaad, Outlier Planning, introduced Dennis Miller, Traffic Engineer with IBI Group and gave a PowerPoint presentation outlining the study and recommendations. (see attached) 9:45 pm Ms. Coy said she needed a little more time to digest the study and would like color copies of the report. She said she couldn't understand why Capt. Hiram's private parking was thrown into the equation but after the presentation understood the overflow would count in our parking data. Mr. Schaad said he tried to differentiate between public and private parking but some private spots because of their location and size, he would have been remiss to leave those spots out of the report. Mayor Hill said the report was very telling, there have been some issues since Mulligan's opened up and delineating the boat trailer parking will be very helpful. He asked why the parking spots south of the Splash Pad were not used in the report. Mr. Schaad said he understood that was reserved for boat trailer overflow from Cavcorp. Mr. Wright pointed out during the data collection that there were "no parking" signs along US1 that held people back from parking there; he noted improving US1 is underway; and he was still concerned about parking along the riverfront where angled parking is recommended. He asked if we have received funds from Mulligan's to date for the parking improvement program. The City Manager said he could not speak to receiving funds but they are trying to allocate recreation and CRA funds for FY2012 to design and start construction. Mr. Wright said there will still need to be additional passenger car parking. He suggested putting to bed the idea of closing Sebastian Blvd between US 1 and the river when they design the Cavcorp lot. He said he was pleased with the survey. He asked for a separate link for the color copies. The City Manager said staff did provide links and delineated notes where to find the color copies. Ms. Coy said this will come up again and again and she would like her own copy to keep for future reference. MOTION by Ms. Coy and SECOND by Mr. Hill to extend the meeting to 10:30 passed with a voice vote of 4 -0. (Gillmor absent) Mr. Schaad noted the "no parking" signs on US1 were removed right before he did the data collection. Mr. Wolff said there should not be any surprise there is a problem near Mulligan's, the money in the pot is a pittance and there's no money to do anything for many years; as far as delineating crosswalks and stamping US1, he has never heard anyone say they desperately wanted to go to "X" but couldn't go because the spaces were full, if people want to park, they will park along US1; backing out into streets will be an important component; diagonal parking on the Presidential Streets makes sense and delineation 8 Regular City Council Meeting January 26, 2011 Page Nine on Cavcorp will provide more efficiency for boat trailers and cars as well. He said there are no surprises, hopefully we can see some of these done in the next year. The City Manager said the Mayor bought up a good point that Cavcorp overflow was missed, and he thought there has always been a fear of what we want to do with that property, we covet the green space. He said it's functioned as open space and we need to look at it to see if we want to take a sliver and create regular parking, it could be done in a way that is attractive, and he tendered it back to Council to think about. Public Input Damien Gilliams remarked there wasn't much time to review the report and ask Mr. Schaad questions; he thanked Mr. Wolff for reminding them that there is no money in the parking fund because it will be amortized; of the eleven recommendations, some are already being done, the study could have been done in house, he has brought back -out parking recommendations, he was not sure why the private parking spots were counted and not the area behind the Splash Pad; he said the City is using the shopping center for free now but may not in the future, eventually we will build a community center but because Ms. Coy didn't want to pay him a commission fee, there is 40,000 square feet ready to build a community center and when the building is leased out, the parking will be a problem. Mr. Gilliams cited that the study will have to be re- evaluated in five years for another $30,000 and they will find that they have to put meters out and tax us to death; and said put employees to work who aren't doing anything. Mayor Hill clarified for the public there are no recommendations to charge for parking. Ben Hocker said during the Fine Art and Music Festival there was a pedicab on the walkway; he asked about licensing pedicabs and the prior Mayor said it was all taken care of. He also asked about becoming a valet company parking utilizing the public spaces for the private businesses, which is one of the study's recommendations. Mayor Hill asked about the pedicab business. The City Manager said they need to be registered; the only issue is whether the pedicab can be in the festival area when the park is closed down. Ms. Coy said the other issue is do they go on the bike path, sidewalk or road. The City Manager said a bicycle is not permitted on a sidewalk, a golf cart is a motorized vehicle permitted on the street as long as it has accessories such as turn signals. The City Manager said from a regulatory standpoint we have to permit them, the special events could be interpreted differently because they become part of the park for that day, if Council wants to support them there wouldn't be anything to do but if Council wants to limit them we would need to get with the City Attorney to do it properly. Mayor Hill said the path along US1 is a sidewalk and the law provides that bicycles must stay on the road. Mr. Wolff said there should be an insurance expectation if you climb aboard and have an accident. Mr. Wolff asked if you could use the city's property to run a valet parking business. The City Manager said he would need to talk to Mr. Hart about that. Regular City Council Meeting January 26, 2011 Page Ten The City Clerk cited the incorrect speed limit for US1 in the riverfront district which is 40 mph on circle page 103, and that changes the meaning of the paragraph. 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS The City Manager provided an update on the FY10 street paving program, stating staff had a meeting today with the companies that did the asphalt work, took core samples, and the City's position is that both contractors have not performed to the standards that were called out in the specs and we are in the position to defend that. He also said it is fair to say that APAC believes they have no liability and Asphalt Recycling is having difficulty admitting liability disclosure; we will do some more sampling, we have asked APAC to provide an estimate for a cure, and to have a plan in place to move towards a cure and fix the potholes. He offered to provide a more detailed report if needed. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Wolff none. B. Mayor Hill none. C. Vice Mayor Wright— none. D. Council Member Coy 11.022 i. Update Reinvest For Success Ms. Coy said until a week ago she had zero involvement in this issue but it came to a hot spot last week and she thought Council needed to know about it. She said Jan Pagano, Associate Dean, Corporate Community Training and Entrepreneur Development Institutes, Indian River State College, came to Council previously and asked for $20,000 to hire a business consultant, and we declined so she recently procured a grant and requested office space in Sebastian. She explained "Reinvest for Success" was the brainchild of newly elected School Board Member, Jeff Pegler who has since pulled out of the program because another non profit got involved and there will not be a grand opening at the old school house on Friday. The City Manager confirmed that fact. Ms. Coy said Ms. Pagano would still like to move forward with her grant and if there is space in the old school house, it should come to Council for discussion first. Mayor Hill said he would expect that prior to anything going into the old school house Council would hold discussion on what goes into that building. Ms. Coy apologized to the Becks and Kayaks Etc. who came to her to say no one has the authority to use their name or represent their company in any shape or form in the public light. 10 Regular City Council Meeting January 26, 2011 Page Eleven Mayor Hill acknowledged Ms. Coy's clarification for the Becks. 171 E. Council Member Gillmor absent. 17. Being no further business, Mayor Hill adjourned the regular meeting at 10:22 p.m. Approved at the February 9 2011 Regular City Council meeting. Jim Hill, Mayor ATTEST: Sally A. Maio, MMC City Clerk Mr. Wolff said as elected officials they cannot tell someone you can't mention a company name. Ms. Coy said as it was represented in the light of, "What the City did to that company" and Kayaks Etc. does not believe the City did anything to them. The Becks were worried that something was going to come before Council in a negative light. 11 Subject: Aviation Marketing, Special Project A p o d for Submittal by: Agenda No. 0/ Lt Department Origin: Airport Director: Finance Director: Admin. Services: City Clerk: S.A. City Attorney: Date Submitted: For Agenda of: Municipal Ar•orl. J. Griffin ;MeV K. Killgor D. Krueger 1 j' Maio R. A. Ginsbur, Z 1: er, City Manager February 2, 2011 February 9, 2011 Exhibit: Sebastian River Area Chamber of Commerce AMOUNT BUDGETED: $2,371 correspondence APPROPRIATION REQUIRED: $2,629 EXPENDITURE REQUIRED: $5,000 MUNICIPAL AIRPORT City of Sebastian, Florida GENDA TRAN SMITTAL SUMMARY The Sebastian River Area Chamber of Commerce (CoC) has negotiated a favorable rate for a six -month advertising program with Aero News.net (ANN). ANN is an extremely popular site for the aviation market. In addition to aviation news, ANN covers a broad range of classified advertising, including resort attractions and relocation possibilities. The strategy of the proposed program is to reach the greatest number of aviation readers that could possibly visit our City. The CoC has financial commitments from Visit Florida and the Indian River County Tourism Council totaling $5,000. The program in question will cost $10,000. The CoC has requested the remaining $5,000 from City participation. The Airport's remaining advertising budget is $2,371. In order to meet the CoC's request, an additional $2,629 would have to be allocated from the City. RECOMMENDED ACTION Fund $5,000 for advertising in Aero News.net in cooperation with Sebastian River Area Chamber of Commerce. C I 1 f BEROF COMMERC January 28, 2011 Joe Griffin, Airport Manager City of Sebastian 202 Airport Drive, East Sebastian, Florida 32958 Re: Aviation Marketing, Special Project Dear Joe: Enclosed please find materials and back up with regards to the Aviation Marketing Proposal that has been pending for awhile. It is my understanding that the City Council would like more information on this proposal and that it will be considered at the next meeting. As you are aware, I will be unable to attend due to a commitment to attend a National Beaches and Shores Conference in Jacksonville that same week. I am providing back up information to you, with the hope that Council will approve the $5,000 matching funds request for this program. To review, through the efforts of the Chamber, we were able to obtain special funding from both the Indian River County Tourism Council and Visit Florida totaling 5,000 to implement a banner ad campaign on a popular aviation site, www.aero news.net, with the intention of targeting the aviation market. We hope to target pilots that plan to visit our area to purchase planes, service their planes, or attend lectures and seminars in our area. We want them to know about all of the wonderful things that our area has to offer so they can utilize their time here or plan a time to come back with friends and family. The proposal from ANN (www.aero- news -net) is enclosed, and totals 12,300 without a discount. However we were able to negotiate a discount, with the anticipation that the City's matching dollars would provide a $10,000 budget for a six month program of advertising. I have also enclosed demographics and general information about the website. Hopefully this information will be helpful, and the Council will favorable consider this request. Very truly you Beth L. Mitc Executive director �P/ li EIZOF COMMERCE Aviation Marketing In our 2010 -2011 TDC Grant Application Proposed Budget, we have requested $2,500 for a Special Project, "Aviation Marketing." Targeting the aviation market is a new direction for us. We hope to target pilots that plan to visit our area to purchase planes, service their planes, or attend lectures and seminars in our area. We want them to know about all of the wonderful things that our area has to offer so they can utilize their time here or plan a time to come back with friends and family. Our goal is to use the funds to implement a banner ad campaign on popular aviation sites such as www.aero news.net or www.generalaviationnews.com. We have applied for an Advertising Matching Grant through VISIT FLORIDA for $2,500. In late May /early June, VISIT FLORIDA will notify applicants to let them know whether or not they have been awarded the advertising matching grant. If we are awarded the grant, we will have $5,000 to commit to Aviation Marketing. If not, we will try to coordinate a co -op with Sebastian Municipal Airport or a local aviation business to help make this project possible. June 16, 2010 Ms. Beth Mitchell Sebastian River Area Chamber of Commerce 770 Main Street Sebastian, FL 32958 Dear Ms. Mitchell, The Florida Commission on Tourism has awarded to your organization an Advertising Matching Grant in the amount of $2,500 to carry out your planned efforts to market the tourism advantages of your area. Enclosed you will find a template of a press release for your use, should you desire to announce your grant award locally. Also enclosed is information outlining the criteria and requirements for your grant reimbursement. All grant recipients are encouraged to share anyy printed pieces including website projects with VISIT FLORIDA for review prior to final printing. Please allow for a 24 hour turn around. We are required to inform you that the receipt of grant funds from the Florida Commission on Tourism or VISIT FLORIDA may invoke classification of the recipient as a sub recipient under the Florida Single Audit Act. Any organization classified as a sub recipient and receiving at least $300,000 in state funds will be required to comply with the Single Audit Act. The applicable Catalog of State Financial Assistance number is 31.006. Please see 215.97, F.S. and 27D -1, F.A.C. for further information or visit www.myflorida.com. The Florida Commission on Tourism and VISIT FLORIDA are very cognizant of the importance of supporting local tourism efforts for the state. We are pleased to make this grant money available to non- profit corporations and local governments. If you have any questions, please do not hesitate to call Will Seccombe, Chief Marketing Officer at (850) 205 -3803. Sincerely, Chris Thompson Executive Director FLORIDA COMMISSION ON TOURISM POST OFFICE Box 1100 TALLAHASSEE FL 32301 -1100 (850)488 -5607 GOVERNOR CHARLIE CRIST CHAIR TALLAHASSEE ED FOUCHE VICE CHAIR ORLANDO To: 'Nicole Capp- Holbrook' Subject: RE: Banner Ad Rates Info Nicole... In accordance with our conversation several days ago... let me offer the following package to be run over the 6 month course that you specified... ANN Levels Sponsor If you want to dominate the very top of the ANN website, a Level 5 Sponsorship gives you a Full Banner (468w x 60h). o Includes Animated Banners, News Ticker Sponsorship Credit, Newsletter Sponsorship Banner Size: 468w x 60h (28,080 sq. pixels), Maximum Rate: $1550 /month o Prominent ad banners in Aero -News, one of your banners of this size (up to three) chosen at random, seen in rotation at the top right of the page, Sponsorship (In rotation) of our portable News Ticker, Sponsorship (In rotation) of our WVWV News Mailin• List Example: E E G A THE'' ER BEST FLIGHT DECK INAVIATION AV LAY N E F_F.r.CREIris_ 1 CLb'G J 01Y Associate Aero -Cast Sponsorship Program: ANN offers six Associate Sponsorship slots in our current Aero -Cast roundup. Each 30 second slot runs at (east 5 times per week (once a day in either of our two long -form programs), Monday through Friday. o In addition to the above, ANN will include the Sponsor's URL in the data block for EACH sponsored Aero -Cast. In addition to the above, ANN will include the Sponsor's URL in the data block for EACH Aero -Cast. ANN strongly advises our sponsors to take the time to conceive and authorize at least three unique spots in order to "change -up" their profile during the week (though, as many as five unique spots are recommended). This will allow a sponsor to offer a different slant, or feature a different product/message, as often as possible. If the sponsor is not in a position to provide their own audio spots for use by ANN's Aero -Cast programs, ANN can arrange for a professional voice -over consultant to provide the approved narrative for each spot and to formulate each one in an attractive, enjoyable format. o This cost effective program is priced at $500 per month and promises solid DAILY exposure for your sponsorship message. o Aero -Cast Example (click on Zink): ANN Daily Aero- Briefing: 10.13.10 The total value of this package is $12,300 for the 6 month life of the campaign that you spec'ed ANN is pleased to offer it to you for the $10K price spec'ed in your original budget request. We will be happy to bill you once a month, for 116 the program rate until the program is completed. Thanks for allowing ANN to be a part of your marketing program... Jim Campbell, CEO /Editor -In -Chief Aero -News Network, http: /aero- news.net POB 305, Green Cove Springs, FL, 32043. 863 299 -8680. Fax: 863 294 -3678. Mobile: 863 860 -5790 Copyright (c) 1999 -2010. "Service is the rent we pay for being. It is the very purpose of life, and not something you do in your spare time." Marion Wright Edelman Legal Notice: The information contained in this Email is confidential and intended only to be read by the person(s) to whom it is addressed. No one is authorized to copy, use, disclose, distribute or rely on this information. If this communication has been sent to you in error, please E -Mail the sender and destroy the message. L XVl V 1\ V VY 0 1\ VI. VI •-1.1.1,.. 1 11.# L 1 V 1111.1V111111,1 L1V1 VJ YY V11t1J LGLLl 1 \V111 11111V 1 VI 0 (.1.111{ 1.111V1111LLL1•11 VV1 Y 1•• 1 L1.5V 1 Vl L Aero- Twitter! @AeroNews Aero- TV: Stating The Obvious, Again AOPA Examines Flight Training (Part 2) Site Map jik Search Our Sponsors g Who Is ANN? FAQs Subscribe! la Customize Contact Info Sponsor ANN ANN Syndication X Logout Fri, 28 Jan '11 Demographics 101 XML FEED I PODCAST',a_ News 1 Columns Events 1 Community 1 Classifieds 1 Privacy 1 My Stuff Sponsor Aero -News Network It's classic college marketing... define your target market, and present yourself to it. Identifying your customers by their verifiable traits and qualifications is helpful. We like to be http: /tinyurl.com /4pvhpful. Keeping in mind that all specialty- interest advertising is (due to the economic about 16 hours ago constraints of the required polling) technically unscientific, we do know, as well, that people @AeroNews Boeing use such unscientific data. Still Convinced 787 Will Show A Profit Let's see if we can help identify who reads Aero -News, in categories useful to our specialty http /tinyurl.com /48nrlOvertisers. If you're selling airplanes, do you really care, for instance, what sex your about 16 hours ago customer is? While we all know that, statistically, very few women are pilots, we also know they buy airplanes. Would you like to know how many of our readers say they will be buying an aircraft within the next 12 months? Could you use that? We've got that (6 The readers of Aero -News are aircraft owners. Fully 54% say they own at least part of one or more aircraft! 29 some of whom count themselves among those aircraft owners, say they are building an aircraft. (These may be non owners, who are helping a friend build an aircraft, too!) Aero -News readers are qualified consumers in other ways, as well: they want their news now; not in a few days, or even a few months. Fully 70% of our readers say they read us, "every day." (Beyond that, we have another 8% who say they read Aero -News more than once a day!) Aero -News readers, by definition, are computer users. From that we can make an educated guess, and assign them (mostly) to the higher family income groups. (Among computer users, Aero -News readers are also, obviously, internet users. Knowing this further defines their income and education demographics.) Aero -News readers are doers, too. Nearly one out of eight (12 say they will be building an aircraft within a year. Aero -News readers could be a bunch of little kids, of course. Everybody knows kids get on the internet all the time; and everybody knows kids don't buy airplanes. That's why we ask our readers how old they are. They're adults (virtually none are under 18); but very few are retired (just 8 They're grown -up income earners, in other words. So, Aero -News has an adult, educated, high- income, well- informed group of aviation junkies for an audience. Who are your customers? Would you like your company in front of these people, a million times a week, or more? Call us: 1- 800 356 -7767; or do what our readers do... E -Mail us: publisher @aero news.net Advertise on ANN Learn more about our Sponsorship Levels Contact info Dnrtinnc rnnvrinht (d 1000 -71111 by API 0.m KIofilrnrle Tnr M1 rinhte roeonrcr1 Aero -News Network: The Aviation and Aerospace World's Daily/Real -Time News and Information Service Page 1 of it The Aera -News Nellwo; R .,S XML FEED r 1 PS r Aero- Twitter! @AeroNews Aero- TV: Stating The Obvious, Again AOPA Examines Flight Training (Part 2) http://tinyurl.com/4p about 16 hours ago @AeroNews Boeing Still Convinced 787 Will Show A Profit http: /tinyurl.com /48 about 16 hours ago Site Map Search Our Sponsors Who Is ANN? FAQs Subscribe! Customize Contact Info Sponsor ANN ANN Syndication XC Logout Fri, 28 Jan '11 r■• .A/1 DYNL ENT E:=. Rr, v ittp://www.aero-news.net/FAQs.cfm Answers to Your FAQs Piper* moo AVIL VN[ News I Columns I Events 1 Community 1 Classifieds 1 Privacy I My Stuff Frequently Asked Questions Hey, Who are you guys? ANN is, first and foremost, the work of some dedicated folks who have put their hearts (and souls) into promoting and protecting the aviation community. Born out of the blood, sweat, hrantml'tears of many hard years of aviation journalism, ANN was designed to take the vital and much needed next step in the evolution of information sharing about and within the aerospace world. ANN is the brainchild of US Aviator magazine Publisher and Aviation Safety Advocate Jim rlkampbell, whose brave efforts to bring constructive and honest information to the aviation industry are well- known —for all kinds of reasons. The aviation industry often seems to bury its head in the sand when it comes to the threats and dangers that threaten to destroy the people, programs and products that populate it. For some 12 years, Campbell and his valiant little magazine told the world of aviation what no one else dared to... namely that there were products and manufacturers out there who did not tell the truth or were actually dangerous, and that many of the entities that we had learned to trust as Aviators, especially the FAA, simply could not be trusted. That proud little magazine fought many battles, and in fact, never actually lost a single fight (but, boy... did it get its nose bloodied a few times...). But, it paid a helluva cost. Yes, it was a great fight... but a flawed one. The new reality of near instant information and the critical nature of the data that Campbell and his partners could provide, demanded something better and more immediate in order that their work have the greatest impact. Campbell's burgeoning realization indicated that it was getting rather fruitless to kill new trees with old news, and it was time for those speedy little electrons to do their stuff. Hence, ANN. Together; with some of the best folks he's ever worked with (especially Senior Editor Pete Combs and Weekend Editor Juan Jimenez), ANN is blazing a NEW trail and doing what this aero- business has never seen before. ANN means Real -Time Aviation News, valuable columns, features and event coverage, weather, classifieds, aero- marketing resources, discussion boards... and much, much more. There are no shrinking violets here... we've all had our noses bloodied, we've had our faces rubbed in the mud for trying to do the right thing (and not always succeeding), we've gotten pummeled for sticking up for people who may not have been able to stick up for themselves and we've had to face down folks who have broken every rule in the book, moral, ethical, and legal, to keep us from trying to protect our brethren. We've learned a lot the hard way... and not a single one of us have ever backed down, no matter how tough the risks we faced. We are not bashful, we are not shy, and we promise you that the courage and bravery we see all around us in those who fight for their love of aviation and the safety of their fellow Aviators, will not be lost upon us, but will guide us in everything we do. So... who are we? We are the Aero -News Network: An Online Daily Aviation Aerospace News Resource. We have a strong commitment to safety, consumer activism, Aero- education, and Aero- entertainment (let's face it, the main reason most of us come to aviation is because it is a lot of fun and we dare not forget that no matter how serious the subject matter may be). ANN will be, at first, what we make it, but ultimately it will be what YOU make it. We implore you all to demand the very best of us, to offer your suggestions, questions, criticism, and News -Spy Tips... and 1/28/201 to participate fully in every aspect of ANN's growth and posture. We ask you to be highly critical of us, and to take your time to point out what we're doing wrong or not doing at all, and what you think we need to be addressing. So... that in the long run, when people ask who those ANN guys are; that, in addition to folks like Jim Campbell, Paul Plack and many other talented fly- writers and photographers, that YOUR names, wishes and concerns will be a big part of it as well. How do I find an older news story? Simple. Use the SEARCH button. You can search by date, subject, words, keywords, topics, you name it. I just saw something about aviation on the news... how do I make sure you have the story? Send email RIGHT NOW to news spy @aero news.net or click the SEND A NEWS TIP button on the left side of the ANN MasterPage Frame and tell us as much as you can so that we can track the story down in case we're not already on it. What else do you have at ANN besides News? A lot. We have Pilot reports, classified ads, feature stories, surveys, discussion forums, weather, databases, flight test reports, Aero- Consumer Advisories, and LOTS more. How do I advertise? Send an e-mail to publisher @aero news.net or click HERE for more information... we'll do the rest. We make marketing on ANN easy... and affordable! Who pays for Aero News? Mostly our sponsors (some really cool folks honest!), though you can help support ANN by using our deluxe paid classified services (the basic services are still FREE, though), buying merchandise through our store, and making sure that aviation business throughout the world know that YOU trust the Aero -News Network and ANN's marketing partners. How do I comment on a particular story? Just click on the comment button at the end of many stories and or click on the Letters to the Editor button (on the left side of the screen under the "News" heading) have at it. We want to hear what YOU think... so does the rest of ANN! How do I get my E Vent listed in your Event Calendar? Click on the E -Vent button on the left side of the ANN MasterPage frame and follow the directions! How can I write for ANN? Be advised we ascribe to some very high standards for our publications and expect you to do the same. At the same time, we welcome EVERYONE to take a shot at working with us; and we are willing to put in serious effort into developing new talent for the benefit of future ANN readers. If you have a story idea you wish to submit, contact publisher @aero news.net How do I register to use ALL of ANN's services? Oh good, an EASY question. Just click "My Account" on the left side of the ANN MasterPage Frame and we'll set you right up. Why should I register, anyway? Because we asked you nicely... isn't that enough? Let me explain: we need lots of information to keep finessing ANN into a service that caters more and more to your needs. YOUR registration and information (which we keep private) help us do that. The more you tell us, the more you work with us, the more we can do for YOU. REALLY. So, go register... OK? Where can I buy ANN merchandize? So glad you asked... Just click on the Aero -Shop Online button on the left side of the ANN MasterPage frame and we'll set you right up. Can I reprint ANN articles in on my web site or elsewhere? First off... THANK YOU for asking before doing it! By and large, we're really cool about such things so long as you DO NOT modify or edit the article and so long as you send an e-mail to editor @aero news.net, outlining where you want to reprint the article and such... we'll get Lttp: /www.aero- news.net/FAQs.cfm 1/28/2011 Aero -News Network: The Aviation and Aerospace World's Daily /Real -Time News and Information Service Page 3 of tp: /www.aero- news.net/FAQs.cfm back to you right away with permission so long as the use meets our "acceptable use" policy. PLEASE wait for permission before publishing, OK? How do I submit a Press release on my new Whizbang Snotblaster 4000? EASY! Send it to editor @aero news.net and BE SURE to send as much info as you can along with good photos and contact information so that we can get back to you for follow, if necessary. It is MUCH better to send us too much data than to send us too little. We pride ourselves on our comprehensive grasp and coverage of important news items... and if we can't get out good solid data, we're NOT likely to publish it. IS ANN available in other languages besides English? We publish ANN in English... but there are MANY excellent web translation utilities out in the cyber world, though we hear that we read particularly well in the original Klingon version... Why don't you do stories on... (favorite subject here) We cover the ENTIRE world of aviation and aerospace... BUT if you think there's something were missing, RUN (do not walk) to your PC and send a note to publisher @aero news.net or news spy @aero news.net. Where can we meet you guys? That depends, if you're female, cute and available, we'll be there in a few minutes... However; you can usually catch one or more of the ANN Staff at the most prominent aviation events in the US. Check the pages of ANN for the "ANN WILL BE THERE" note in the description, in the E -Vent calendar. What's this April 1st Edition I keep hearing about? Its simply our attempt to balance out the seriousness of the news business with ONE DAY out of each year when we lampoon everything and everybody, mercilessly, in the aviation business. Its irreverent, hysterical, bizarre, and we take no prisoners... but ANN's Annual April 1st Edition is one of the most widely -read pages in the aero cyber- world. What does to cost to subscribe? Nothing. It's FREE and that's way we're trying to keep it. Heckuva deal, no? Will you Zink to my site? We currently don't host a links page... its been done a million times before and quite nicely in a few cases. So... until we get a number of other, more important, things accomplished, we'll leave the linking game to others for the moment. How do I get the ANN News Ticker? We have designed a small "portable" News Ticker that will offer current ANN headlines about what is happening in the aviation world. It can be copied to virtually any Web site (including YOURS!) on the Internet by simply requesting the code and permissions from us. In addition to staying abreast of the latest headlines, you can click on any one of these News Tickers, no matter who's site it is on, and then go directly to ANN to read the news, in- depth, anytime you choose. You may request the code using our request form by logging on to http: /www .aero news.net /ANNTicker.cfm. AND... don't forget to send your news and press releases to us via news @aero news.net! We want our coverage to include EVERY facet of aviation... so we need ALL the feedback we can get! I have some suggestions for you... Outstanding! Take your best shot... were ALWAYS anxious to hear your comments, suggestions and criticism... that's how ANN got as good as it is already... and that's why it keeps improving. Portions Copyright 1999 -2011 by Aero -News Network, Inc. All rights reserved. 1/28/2011 City Clerk's Office Transmittal Subject: Two Regular Member Positions on the Planning Zoning Commission Ap 4l rov for Submittal by: Agenda No: Department Origin: City Clerk's Office City Attorney: 4 For Agenda of: 2/9/11 Fr ti ger Exhibits: resignation e- mails, applications, ad, board member list SUMMARY STATEMENT At the last City Council meeting, Mr. Srinivasan was scheduled for consideration of reappointment but resigned before the meeting. He leaves an expired three year, regular member term. Mr. Simmons submitted his resignation to be effective March 1 2011. This leaves an unexpired 16 month term. Both alternate members, Mr. Domenic Durr and Mr. Jose Reyes would like to be considered for the regular member positions. The alternate members are the only applicants. Resolution R -02 -46 provides that Council reserves the right to immediately fill a vacancy in an alternate member position in the event an alternate is moved into the regular member position. RECOMMENDED ACTION Interview, Unless Waived and Submit Nominations for Two Regular Members: a. Term 2/1/2011 to 2/1/2014 b. Term 3/1/2011 to 6/1/2012 32 Jeanette Williams From: bsimmons41@comcast.net Sent: Tuesday, January 25, 2011 2:07 PM To: Jim Hill; Rebecca Grohall; Ipau12552 @aol.com Cc: pau1384 @bellsouth.net Subject: Resignation (Planning /Zoning,City of Sebastian) Page 1 of 1 Please accept this notice of resignation effective as of March 1,2011. I have had the honor of serving on this board both as an Alternate and as a Regular member since January, 2004. Sebastian is a great place to live! I want to commend the very capable Growth Management department of Sebastian who perform diligently and responsive to/for the citizens of Sebastian. Thank you for your assistance over the past seven years. My fellow Board members are a dedicated and qualified group who definitely represent this City. Thank you for your efforts. Sincerely, William(Bill) Simmons 2/1/2011 Jeanette Williams From: Keith Srinivasan [keithsrinivasan @gmail.com] Sent: Wednesday, January 26, 2011 4:02 PM To: Jeanette Williams Subject: Re: Next Wednesday Night Dear Ms. Williams: I profoundly apologize I will not be able to make the meeting tonight. My circumstances have changed. Today I have restarted work after been on admin leave for about 3 months and now my employer has changed my work hours and they are not flexible about it. I am going to find it quite difficults to get to the meetings in a timely and efficient manner. I am deeply sorry, I do want to continue but I cannot. Sony also about the quite late notice. Keith On Fri, Jan 21, 2011 at 11:02 AM, Jeanette Williams <jwi11 a cityofsebastian.org> wrote: Good Afternoon Gentlemen, Attached is the agenda where your applications for reappointment to the P8Z Commission will be presented to City Council. Jeanette Board Coordinator 2/1/2011 Page 1 of 1 NAME: 6 t L.- F b et HOME ADDRESS: g 4 -BCy 13; it a 321 HOME PHONE: HOME FAX: E -MAIL: z 3 i /74) 1 db DCY r((. ,r' i( )/111 BUSINESS: N BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? 5 I/ \i/ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? NO PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF- EVALUATION COMMITTEE (permanent board meets quarterly) i PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* 2. PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) 3 NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment HOME OF PELICAN ISLAND R E 1'/ E D CITY OF SEBASTIAN OFFICE OF CITY CLERK 2009 NOU 25 PE9 1 56 APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (Ali City Board and Committee Members Must be Residents of the City of Sebastian) 137 on OF SEBASTIAN °M CC or CITY CLERK APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) ��t 2009 P ►Otf 25 PM 56 HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, 1 hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or committee is available if requested. A u i I Applicant Signature Subscribed and swom to before ,,-.tea me this 2--- day of )Ce +�r11�2v 2.0C CA by who is ersonally o It t tome or has produced as identification. ���\�B�TH ki yGpMMissip Srio t: 1. z �c 2 Please retum to Office of the City Clerk, 1225 Main Si 4, R La (772) 589 -5330 q r,. Stale q inmmt Notary.P..Iic, State of Florida 1wp- form\applicat.wpd rev. 7/2007 140 i1 RESPONSE: APPLICATION TO SERVE ON CITY BOARD /COMMITTEE ATTACHMENT QUESTION: HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? I have over 10 years of experience in Landscape Architecture, which covers a broad area of site development. My professional experience has given me a complete understanding of the issues that can and may concern Planning and Zoning, Parks and Recreation, Natural Resources and Construction committees. Prior to moving to the City of Sebastian, I worked solely in the area of designing parks and recreation areas such as nature trails, open space utilization, and sport complexes; ranging from sports fields to skate parks. Since I moved to the City of Sebastian, I have gained significant knowledge of native Florida plant material, landscape and irrigation design, as well as attaining certification as a Florida Certified Horticulture Professional thru the FNGLA, in addition to understanding the issues of intelligent sustainable development, the positive impact of our parks and recreation areas, and the importance of our natural resources and responsible water usage. Therefore, I believe that my experience and knowledge would greatly benefit the Planning and Zoning Committee directly, as well as the Parks and Recreation, Natural Resources, and Construction committees. In closing, as a resident of the City of Sebastian, I am personally invested in the future of our city and would be honored to serve the community and it's interests as a Planning and Zoning, Parks and Recreation, Natural Resources or Construction committee member. CAD /GIS TECH PASHEK ASSOCIATES LTD DOMENIC F. DURR 542 Quarry Lane Sebastian, FL 32958 ddomf@hotmail.com (412) 381 -1701 CERTIFIED DRAFTSMAN AND LANDSCAPE SPECIALIST SUMMARY OF QUALIFICATIONS Certified Draftsman with Landscape Architecture, Site Development, and Irrigation Design experience, seeking a challenging new opportunity with professional development. Effectively able to communicate complicated concepts in an understandable manner, matching the message to the audience. Supervisory skills second to none. Experienced in hiring, training, motivation and evaluation. Skilled in fmding problems and performing necessary change through project management or other methods. Maximize resources to achieve customer satisfaction and increased productivity, meet deadlines and goals. Implement and coordinate both strategic and tactical plans to enhance performance Adept and experienced in problem solving and providing solutions. Excellent qualifications in leadership and interpersonal communications. Persuasive, with ability to communicate effectively with culturally diverse audience. Public speaking and executive management briefing experience. Proficient with AutoCADD 2007, LandFX, Autoturn, Photoshop, and Illustrator as well as MS word, Excel, PowerPoint Visio, Sketchup, Microstation Quick learner. Dedicated to accuracy and efficiency. PROFESSIONAL EXPERIENCE CADD OPERATOR LEVEL 5 July 2005 February 2009 K]MLEY -HORN AND ASSOCIATES INC. Vero Beach, FL Interacted with RLA and engineers; produced and developed landscape and irrigation design construction documents per governing code requirements. Followed direction of the project manager for commercial, roadway and municipal developments or enhancement projects. Imported GIS /ArcView data into CADD for preliminary site analysis and conceptual site planning. Prepared irrigation designs and plans for retro -fit of standard spray irrigation systems to drip irrigation systems. Reviewed and resolved landscape and irrigation contractor's request for information and construction issues. Reviewed landscape and irrigation cut sheets submitted by contractors for approvals and contractor bids for clients. Performed site inspections of landscape and irrigation installations for quality, accuracy and operability. Developed and implemented landscape and irrigation design standards for staff. Orchestrated technical support to staff for software applications. December 1999 July 2005 Pittsburgh, PA Worked closely with Principle Partners, Planners, Registered Landscape Architects and Landscape Designers to develop design and construction documents. Created and modified standard details, provided CADD support and service at all levels DOMENIC F. DURR ddomf @hotmail.com (412) 381 -1701 Page 2 Imported GIS /ArcView data into CADD for preliminary site analysis and master plans for development projects. Utilized GIS /ArcView software to develop planning maps depicting local and regional community data such as existing and future land uses, and economic and social demographics. Collaborated in development of marketing materials and graphics for planning meetings. Provided computer assistance, in -house network management, daily data backups, set up workstations for new employees, and troubleshooting of minor problems. EDUCATION AND TRAINING ASSOCIATE DEGREE IN SPECIALIZED TECHNOLOGY PITTSBURGH TECHNICAL INSTITUTE Emphasis in Building Construction, Mechanical, Electrical and Piping and Site Development. Professional Development Rainbird Academy, Irrigation Training Classes; Landscape Drip Design, Advanced Irrigation Design, Landscape Irrigation Design, and Irrigation Pump Systems Training CERTIFICATIONS Florida Certified Horticulture Professional, Florida Nursery, Growers, and Landscape Association Certified Drafter, American Design and Drafting Association AFFILIATIONS Florida Nursery, Growers, and Landscape Association American Design and Drafting Association Pittsburgh, PA NAME: e; 00,..„, 8 �5 HOME ADDRESS: 5S Qc -c e---k- HOME PHONE: 1'72- j0), b HOME FAX: E -MAIL: Acc s Cr\ ,,etr .ee corn BUSINESS: k er F 3 BUSINESS ADDRESS: -2 o o t. \I;: s So I -e OO ',.)e-s c: ----1 9 e_ ..N. c 1i-, C- 33 4 0 t G) BUSINESS PHONE: t� 1 bg9, f BUSINESS FAX: 9, t M AIL: A r s s fv! ��z� 1 ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? 1. -'S r-5 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? i`° 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) 3 CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) 1 A PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* Z. PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) -r S,,m --or o joor.1 (WRITE M COMMITTEE NAME) Filing of financial disclosure is required following appointment C11YOF HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) lip -44 !-�A c HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? i— \--01/4.J G v.9 or u P.. r-k. ?or �-i. o r a, t, c.. 4--s ck Ir\-c `o �e." wor\s__-:.•• a-..S 5: c l. G a F— r- .1 elv� .c;- y R p r' --�rLO cv, "Z e,Lc..S r1ath� GAT S LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: q 1 0 5 -e- a "-N.A...n 'r c e o r VA a ,vim r Fi S e—c-- e—c-- q V 0 1 HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? J c HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? Ii C WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. 1 have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or committee is available if requested. Subscribed sworn Notary Public,,$tate of Florida p nt Signatu to before me this C�� day of T C)41 c2OC)' by who is personally known to me, or has produced as identification. Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 \wp- form\applicat. wpd rev. 7/2007 P& Sally A. Maio Commission DD595269 Expires October 5, 2010 i� Bonded Troy Fain incwdao.,, it 994 +395.7019 Years of Experience: 17 Years VV ith the Firm: 17 Registrations Certifications: ItR, 2:113 Continuing Education: HIT Irtem:dae Verk Zre Traffic Ctrtrd Rfre#g, 2Th Rif lltirteare cf Trdffic CelifiG5tiai Professional Civic Activities:. n o t t g (ACE i s C3ap Mrs; Ronda CfrSlias Gap Raids tad Liss Gap Nbcim Ciity may, Fioida Sn.e rrd &Mprim may, Bead' C i t u t y alle A 7 1 7 Ronda Sr\eyirrg Upprg aasty, frriai Fels cycO MILLER LEGG David Reyes, CST III S3niar 9.aley &eaialist 11 Professional Experience: Mr. Reyes is an Associate of the firm with significant surveying and mapping experience in Rorida induding consulting to Rorida Depatment of Transportation (FDOT) in multiple districts He has extensive private and public sector project experience induding design, construction eigineering inspection (CB), construction, gobs portioning systems (GFS), geographic information system (GI, right -of -way control, right -of -way mapping deign surveys, and may misoellaieous specific-purpose surveys for FDOT. Mr. Reyes is also proficient with may softwae applications specifically used by the FDOT induding Microaation, GBDPAK, CAICE, 13:13, B BP, CBS, and Hector the Vector. Haring performed fieldwork and eventually moving to map preparation aid quality as surancelquality control, Mr. Reyes has extensive knowledge of FDOT methods aid procedures In addition, Mr. Reyes has extensive knowledge of digital terran modeling aid has prepaed numerous digtal terran modeling models used in roadway design aid for quantity calculations Relevant Project Experience: Publix at Orange Avenue and Jenkins Due diligence assistaioe was provided to determine the viability of a new FUblix shopping center for this location. In addition to research of the status of proposed and future residential developments in the vicinity, Miller Legg provided bounday and topographical surveying services for this 21.6 acre site and the roadways immediately surrounding the site. Glades Cut -Off Road and Selvitz Road Intersection The intersection of Glades Cut -Off Road and %ivitz Road is an intersection improvement project located in rural a Lucie County, Rorida In addition to widening the roadway to indude turn lanes, the project will add sidewalk and bicyde lanes,. 3arvices being provided indude roadway desigi, associated drainage, traffic engneering analysis, traffic signal design to follow FDOT criteria mitigation analysis and design, intersection improvements, sgnalization, pavement marking utility adjustment, cost estimating, permitting, and coordination with Florida Est Coast RaIroad. The vaious agency interests for this project induded the South Rorida Water Management District, North mint Lucie River Water Control District, Rorida East Coast Railroad, and Saint Lucie County Engneering. Florida Department of Transportation (FDOT) Florida Department of Transportation (FDOT) District 4 SR 5 /US 1 Hillsboro Boulevard to SE 5th Street 3R Miller Legg provided landscape achitecture aid surveying services for this 3R project along a three -mile segment of S 5/US 1 from Hillsboro Boulevard in Browad County north to 85th Street in Palm Beach County. A desigi survey, induding cross-section of the Hillsboro Canal aid US 1, a preliminay right -of -way map, as well as landscape achitecture desigi were provided. The firm was a subconsultait to RJ Behar aid Company, Inc. Florida Department of Transportation (FDOT) District 4 SR 15 /Belle Glade 3R SR 17 to North of SR 80 For this four -mile segment of SR 15 from SR 717 to north of SR 80 in Belle Glade, Miller Legg is providing both landscape architecture and surveying services induding roadway cross- sections, right -of -way, horizontal and vertical project network control, topogaphic surveys aid minor digtal terran modeling. In addition to landscape achitecture desigi, we ae also providing irrigation and hadscape design, as well as construction services Miller Legg is a subconsultant to AECO M Transportation. Florida Department of Transportation (FDOT) District 4 SR 5/US 1 in Hobe Sound SUE Services- Subsurface Utility Engineering (SJE) services provided indude subsurface utility mapping (horizontal location) within the right -of -way of g2 5 (350 foot section). Utility conflictswere determined in the field by correlating desigi information to field findings Miller Legg performed utility test holes A identified conflict seas. Utility information included elevation, size, material, depth and ownership. Florida Department of Transportation (FDOT) District 4 SR 7 /US 441 /Glades Road Survey A six -mile control survey from Glades Road to Atlantic Avenue in Palm Beach County to re- establish and monument the historic baseline, monument the right -of -wad', revise the right -of -way maps to show monuments, new plats and right -of -way, and record the plats Florida Department of Transportation (FDOT) District 4 SR 70 bnkins Road to SR 5/U S 1 SUE Services- For this improvement project along 9R 70/Jenkins Road to SR 5 /US 1 in a. Lucie County, Miller Legg has performed surveys induding historic baseline of survey and right -of -wad lines, secondary control points and establish vertical control network, cross sections and Digtal Terran Modeling (DTM) for 10 signalized intersections and utility designations Florida Department of Transportation (FDOT) District 4 SR 70 Kings H ighway SUE Services For this improvement project along 9� 70 /Kings Highway from Jenkins Road to US 1 in a. Lucie County, Miller Legg has performed underground utility desgnationsfor new rgidizAion at ten intersections Boecific survey services provided included computing and establishing the historic baseline of survey and right -of -way lines for the entire limits, set secondary control points aid established vertical control for all points as well as cross-sections at every 500 feet were collected. Florida Department of Transportation (FDOT) District 4 SR 76 /Kanner Highway MP 14.7 to 23.5 For this rural section of roadway we of the Beeline Expressway in Indian River County, Miller Legg provided miscellaneous surveying services including cross sections and recovery of the historic baseline. Florida Department of Transportation (FDOT) District 4 SR 76 /Kanner Highway MP 9.8 to 12.5 For this rural section of roadway we of the Beeline Expressway in Indian River County, Miller Legg provided miscellaneous surveying services induding cross sections and recovery of the historic Mine. Florida Department of Transportation (FDOT) District 4 SRA1A Roadway Improvement Boynton Beach Inlet /Lake W orth Road This project entaled milling and resurfacing as well as dranage improvements to alleviate roadway flooding on this five -mile segment in Manaapan and South Palm Beach. Unavoidable mangove impacts and compensatory mitigation were associated with this project. Our responsibilities induded: surveying, landscape architecture, aborist services, wetland delineation, environmental permitting regulatory agency coordinetion and off -site mitigation design. Certified Arborist and landscape architecture services induded tree removal and protection, as well as landscape desigi plans for the Town of South Palm Beach. A full design survey included topogaphy baseline alignment, primary and secondary global portioning system (GPI control, digital terran modeling, aid bridge and dranage surveys, as well as post desigi construction services. Environmental services included mitigating mangrove impacts with the creation of mangroves at Phipps Pak and the use of existing wetland mitigation credits from the MOTs C -18 project. Miller Legg was a subconsuitait to RJ Behar aid Company, Inc. Davie Surveying Services- Vaious surveys on a continuing basis for the Town of Davie, induding right -of -way, David Reyes, CST III topographic, as- built, aid bounday surveys. Florida Department of Transportation (FDOT) District 5 SR 35/US 301 Miller Legg provided GPSmonumentation for advanced right of -way surveying and mapping for 92 35/US301. We were a subconsultant to Lochrane Engineering Riverbend Park Phase One This 850 -acre Palm Beach County Regional Pak is located in the Town of J ipiter. Services provided include: wetland delineation, tree survey, environmental resource permitting, mitigation assessment and design, infrastructure engneering and design, planning, and survey. This project included extensive coordination with the USArmy Corps of Engineers, US Ash and Wildlife Service, National Maine Fisheries Service, US Environmental Protection Agency, South Rorida Water Management District, Rorida Deportment of Environmental Protection, aid Palm Beach County Environmental Resources Management. Traditions Golf Course Survey Miller Legg performed overall boundary aid topographic surveys for this 175 axe property in the \lllage of Royal Palm Beach, Rorida Lake boundaries were also located, and soundings were used to determine lake depths From the topographic surveys, Miller Legg developed a digital terran model which was used for earthwork calculations Environmental services provided for the property induded a Phase 1 environmental assessment, as well as a wetland delineation survey. Ser vices provided indude boundary survey, topogaphic survey, digital terran modeling, wetland delineation, and Phase 1 environmental assessment. Lucero Drive Culvert Replacement Survey, engineering and construction period services were required for the replacement of the culvert along Lucero Drive. Miller Legg provided topographic aid control surveying services, subsurface utility engneering, base mapping, prepaation of conceptual civil engineering desigi. Ptoject management responsibilities included coordination of our subconsultaits for geotechnical engneering and structural desigi. The project included coordination with the City of Fbrt a. Lucie, S uth Florida Water Management District, aid Florida Department of Environmental for expedited construction to be allowed to take place to replace the culvert. Final design, traffic control plats, permitting, and construction observation was performed in conjunction with the Verala Ditch Restoration Project construction. David Reyes, CST 111 Midway Road/Turnpike East to South 25th Street Surveying For Midway Road, also known as a. Lucie County Road 712, Miller Legg was on the survey team with Lochrane Erigneering Inc., for this three-mile survey including right -of -war mapping, control, design and digtal terran modeling surveys from the Florida Turnpike east to S uth 25th greet. /7) PRESS RELEASE The City of Sebastian is accepting applications for two regular member positions on the Planning Zoning Commission. Interested individuals must have resided in Sebastian one year prior to application. The following terms will apply to the positions: Position 1 Term: 2/1/2011 to 2/1/2014 Position 2 Term: 3/1/2011 to 6/1/2012 In the event Council fills the position with an alternate member, Council may chose one of the applicants to fill the alternate position. 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 APPLICATIONS WILL BE ACCEPTED UNTIL FEBRUARY 6 2011. THIS IS A VOLUNTEER POSITION WITH THE CITY. S� Sebastian. seeking Planning Zoning Commission members TCPa1m Page 1 of 1 Sebastian seeking Planning Zoning Commission members SEBASTIAN 2011 Scripps Newspaper Group Online fJ The city of Sebastian is accepting applications for two regular member positions on the Planning Zoning Commission. Interested individuals must have resided in Sebastian one year prior to application. The positions for terms from Feb. 1 to Feb. 1, 2014 and March 1 to June 1, 2012. In the event Council fills the position with an alternate member, one of the applicants may be chosen to fill the alternate position. Applications are available in the City Clerk's Office, City Hall, 1225 Main St., betweeb 8 a.m. and 4:30 p.m. or at cityofsebastian.org. Applications will be accepted until Feb. 6. p: /www.tcpalm.com/news/ 2011 /jan/27 /sebastian- seeking planning- zoning- commissi... 2/1/2011 MEMBER NAME AND ADDRESS APPOINTMENT HISTORY [MOST RECENT HISTORY FIRST] CURRENT STATUS TERMS COMPLI Greg Hepler 1291 Barber Street Sebastian, FL 32958 413 -8768 Took Blais' unexpired regular member position 12/16/09 Appointed Alternate 6/25/08 Term to expire 11/1/2011 Charles Cardinale 474 Thomas Street Sebastian, FL 32958 918 -8629 Reappointed 4/9/08 Took Celli's regular member position on 4/26/06 Term to expire 4/1/2011 Larry Paul Chair 1701 Sunset Lane Sebastian, Florida 32958 388 -0937 Reappointed 5/14/08 Reappointed 5/11/05 Took Blessing's unexpired regular member position 4/28/04 Term to expire 5/1/2011 1 tear Keith Srinivasan 1024 Landsdowne Sebastian, FL 32958 Q I 532 -0695 0 Reappointed 1/26/11 Took Mahoney's unexpired regular member position 5/14/08 Term to expire 2/1/2014 William Simmons 509 Drawdy Way Sebastian, FL 32958 589 -9826 .k.:\\" V J A Reappointed regular member position 5/27/09 Took Mr. Smith's unexpired regular member positions 2/22/06 Reappointed alternate member position 1/12/05 Took Seeley's Unexpired Alternate Member Positions 1/28/04 Term to expire 6/1/2012 1 term Joel Roth 1984 E. Lakeview Drive Sebastian, FL 32958 oeli nir1 ns i com Re- appointed 5/12/10 Took Buchanan's unexpired regular member position 1/27/10 Term to expire 5/1/2013 589 -6894 Ed Dodd Vice Chair 906 Fleming Street Sebastian, FL 32958 388 -5440 Reappointed 11/17/10 Took Allocco's unexpired regular member position 12/12/07 Term to expire 11/1/2013 David Reyes alternate 458 Oak Street Sebastian, FL 32958 m 589 -8661 Took Neuberger's unexpired alternate member position 7/14/10 Term to expire 11/1/2013 Domenic Durr alternate 542 Quarry Lane Sebastian, FL 32958 i d fca hu i+coC 1 (412) 381 -1701 Reappointed 1/26/11 Took Hepler's unexpired alternate member position 12/16/09 Term to expire 1/1/2014 PLANNING ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH 7:00 P.M. Staff Liaison Growth Management Director arc of SE HOME OF PELICAN ISLAND Subject: Ordinance No. 0 -11 -01 Repealing Code Chapter 22 Aviation p 9 p Ap ro -d for Submittal by: f Agenda No: D epartment Origi j po rt AI City Attorney' City Clerk: For Agenda of: 2/9/11 .nager Exhibits: 0 -11 -01 Expenditure Required: Amount Budgeted: Appropriation Required: Council passed Ordinance Hold public hearing. At SUMMARY STATEMENT January 12, 2011. 0- 11 -01. No. 0 -11 -01 on first reading, RECOMMENDED ACTION Council's discretion, move to enact ORDINANCE NO 0 -11 -01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING CHAPTER 22, ARTICLE II, AVIATION IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter Section 1.02 (7) provides authority for establishment of airport rules, regulations and fees for the City of Sebastian Municipal Airport; and WHEREAS, the City Council established airport field rules in 1979 by adoption of Resolution No. R- 79 -11; and WHEREAS, the City Council by adoption of Ordinance No. 0 -80 -25 established rules and regulations for the Sebastian Municipal Airport and referenced Resolution No. R- 79 -11, later amended by subsequent resolutions R- 85 -12, R -85 -27 and R- 86 -12; and WHEREAS, on April 11, 2007, the City Council approved the Airport Principal Guiding Document which provides for airport rules and regulation; and WHEREAS, City Council believes it to be in the best interest of the City to repeal Code of Ordinances Chapter 22, Article II, Sections 22 -26 through 22 -32. 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, Chapter 22, Article II, Sections 22 -26 through 22 -32, as set out below, are hereby repealed: Sec. 22 26. Definitions. ascribed to thcm in this section, except where the context cl arly indicates a different m aning: Sec. 22 27. Policies established. Under provisions of the Airport Law of 10 15, F.S. ch. 332, the policies and procedures of the Fleming Grant of January 29, 1959, comprising 604-.44 acres, including four easements. For the purposes of this article, all references will include any additional adjacent property her after acquired. Authority for enforccment of all dictates not contained in this article may be found and shall be in accordance with F.S. ch. 810 and pertinent Federal Aviation Administration Rules an Sec. 22 28. Liability. property, including loses of any kind, regardlecz of the conditions or circumstances. Sec. 22 29. Airport manager. airport manager shall administer and be responsible for the enforcemcnt of field rules, Federal Aviation Administration rule& and regulations, state statutes and rules and city ordinances. The airport manager shall present for review, as requested by thc city Sec. t -3A ce. c: Resolution No. R 79 11) are to be established the city. Expenditures of airport funds for operations, maintenance, renewal and the same time as is required by the city, prepare, in final form, a detailed budget for the Sec. 22 31. Specd limit. {2) All aircraft shall use thc full runway for landing and must c landing. (3) All aircraft shall use the taxi pattern of the airport. (c) Violators of thiz section shall, upon conviction thereof, be punished as provided in (1) Pilots convicted of a violation of this section for the second time shall be barred from 2 Section 2. This Ordinance shall take effect immediately upon its adoption. Section 3. 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 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2011. ATTEST: Mayor Jim Hill Vice -Mayor Don Wright Councilmember Andrea B. Coy Council Member Richard Gilimor Councilmember Eugene Wolff Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney Subject: Powerline Road Buffer r for Submittal by: 1 Update Agenda No. 11. cog Department Origin: Finance: City Manager City Attorney: City Clerk: /11^- Date Submitted: 3 FEB 11 Council Date: 9 FEB 11 1 f'nn -r, City Manager EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A cmur SLB TAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY At the 15 DEC 10 Regular Meeting, Council authorized staff to move to the procurement process in order to construct Powerline Road. In so doing, Council also required a design modification along the west side of the proposed roadway to include landscape and a berm as a residential buffer. Masteller and Moler Engineering have completed redesign. Prior to proceeding to bid, the redesign requires Council review because of design limitations. In short, a landscape buffer can be installed, but the ROW width and existing ditch will not permit the construction of any significant berm due to maintenance requirements. RECOMMENDATION Staff seeks to inform Council of the design limitation and seeks continuation of the project. MUNICIPAL AIRPORT City of Sebastian, Florida AGENDA TRANSMITTAL Subject: Resolution to repeal Airport "Field Rules." Ap d for Submittal by: er, City Manager Agenda No. Department Origin: Municipal A Airport Director: J. Griffin Finance Director: K. Killgore Admin. Services: D. Krueger City Clerk: S.A. Maio City Attorney: R. A. Ginsburg Date Submitted: February 2, 2011 For Agenda of: February 9, 2011 Exhibit: "Field Rules" Resolutions EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: -0- SUMMARY In April 2007, Council approved, and adopted, The Principal GuidingDocuments for the Sebastian Municipal Airport as the reference for rules /regulations concerning airport operations. Certain "Field Rules" had been adopted, beginning in 1979 by Council Resolution, which regulated specific airport operations. Since the "Guiding Documents" are more encompassing, and overlap the "Field Rules," it is proposed that Council repeal Resolution R -79 -11 and its progeny. RECOMMENDED ACTION Adopt Resolution R -11 -03 that repeals R -79 -11 and all subsequent resolutions that amend R- 79 -11. RESOLUTION NO. R -11 -03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NOS. R- 79 -11, R- 85 -12, R- 85 -27, AND R -86 -12 WHICH ESTABLISHED FIELD RULES FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE SEBASTIAN AIRPORT PRINCIPAL GUIDING DOCUMENTS, AS APROVED IN APRIL 2007, TO BE THE OFFICIAL AIRPORT REGULATORY DOCUMENT; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in July 1979 City Council adopted an emergency ordinance requiring establishment, and display, of field rules for the Sebastian Municipal Airport and Resolution R -79 -11 setting out the field rules; and WHEREAS, City Council amended Resolution R -79 -11 by adoption of subsequent Resolutions R- 85 -12, R -85 -27 and R -86 -12 in regard to tie -down parking regulations and fees; and WHEREAS, in April 2007, City Council approved the Sebastian Municipal Airport Principal Guiding Documents which, in part, sets out rules and regulations for the airport; and WHEREAS, in March 2009, City Council adopted Resolution No. R- 09 -12, establishing airport voluntary flight procedures, which will not be affected by this resolution, is not included in the Principal Guiding Documents, and will continue in full force and effect; and WHEREAS, City Council finds it in the best interest of the City to utilize the approved Sebastian Municipal Airport Principal Guiding Documents as the regulatory document for the airport. WHEREAS, City Council has adopted Ordinance No. 0- 11 -01, repealing Chapter 22, Article II, Airport, in its entirety and supports the Airport Principal Guiding Documents as the regulatory document for the airport; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. Resolutions R- 79 -11, R- 85 -12, R- 85 -27, and R -86 -12 establishing field rules are hereby rescinded. SECTION 2. The Sebastian Municipal Airport Principal Guiding Document approved in April 2007 is the official airport regulatory document. SECTION 3. This resolution shall become effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Don Wright Council Member Andrea Coy Council Member Richard Gillmor Council Member Eugene Wolff The Resolution was duly passed and adopted this day of 2011. CITY OF SEBASTIAN, FLORIDA By: Jim Hill, Mayor ATTEST: Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg City Attorney 2 R E S O L U T I O N NO. R-79-// BE IT RESOLVED BY THE CITY OF SEBASTIAN, FLORIDA, BY AND THROUGH THE CITY COUNCIL, that the following Field Rules will be adopted for use at the Sebastian Municipal Airport, effective this date. (Ref: Emergency Ordinance No.0 -79 -4) I. ADMINISTRATION AND AUTHORITY. The Airport Manager (an agent of the. City of Sebastian) shall be responsible for the overall conduct of the airport. Vehicles and /or persons within the boundaries of the airport are subject to the jurisdiction of the laws and ordinances of the City of Sebastian. II. GENERAL. A. All persons, automobiles, or other vehicles are prohibited from entering runways, taxiways, ramps, utility and service areas, or areas marked "Restricted" except: (1) Persons employed or on official business at the airport. (2) Bonafide airmen in the course of their business. (3) Passengers, under appropriate supervision, enplaning or deplaning. (4) Service and official vehicles. (5) Other persons and /or vehicles as authorized by the Airport Manager. B. No commercial activity of any kind shall be conducted at the airport unless specifically authorized in writing by the City of Sebastian. C. Parking areas, both vehicular and aircraft, shall be clearly identified and so used, in an orderly fashion. D. A11 repairs to aircraft or engines (except for emergency repairs) shall be made in areas designated for this purpose. III. TRAFFIC. A. No person shall run an engine at any location on the airport in such a manner as to cause damage to or endanger other persons or property. B. No aircraft shall be operated or taxied unless a competent and qualified person is at the controls. C. All movement of aircraft shall be confined to the hard surfaces. No person shall taxi an aircraft until he has ascertained by visual inspection there will be no danger of collision with any person or object. Aircraft will be taxied at a safe and reasonable speed in compliance with taxi patterns dis- played in the office of the Airport Manager. D. Aircraft awaiting take -off shall stop at least one hundred fifty (150) feet from the runway in use, and in a position which affords a direct view of aircraft approaching for a landing. IV. FIRE PREVENTION. A. Smoking will not be permitted within one hundred (100) feet of aircraft during fueling or defueling operations. B. No aircraft will be fueled or defueled while an engine is rennin or while an aircraft is in a hangar or an enclosed place. C. No person shall conduct any open flame operations in any hangar or on airport property unless specifically authorized by the airport manager. D. No ammunition, incendiaries, flares or pyrotechnics will be permitted on the airport except for emergency distress use, as approved by federal,state and local statutes. E. Fuels, oils, dopes, solvents, paints and other corrosive or volatile liquids will not be disposed of in drains, basins or ditches, except in designated areas. All Resolutions or parts of Resolutions in conflict with or inconsistent with the provisions of this Resolution are hereby repealed. This Resolution shall be in full force and effect immediately upon its passage. ATTEST: Ci GG Clerk I certify the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this P#C day of 979. (SEAL) y Clerk Pat Flood, q� WHEREAS, the Airport Advisory Board for the City of Sebastian Municipal Airport has recommended to the City Council that a new rule be added to the Field Rules of the City Airport regarding the procedure for the assignment of land areas for the parking of aircraft and the additional rents to be collected for such parking of aircraft, and, WHEREAS, The City Council has considered the request of the Air- port Advisory Board and agrees that the request should be granted with amendments to the language as proposed by the Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: 1. That a new Section V be added to the Field Rules of the City of Sebastian Municipal Airport, which original Field Rules were estab- lished by Resolution No. R -79 -11 on July 9, 1979, which new Section V reads as follows: 2. This Resolution shall be effective immediately upon passage by the City Council. I HEREBY CERTIFY that the foregoing Resolution was passed by the City Council of the City of Sebastian on the2ei5[ day of 14,, xj, 1985. ATTEST: (Seal) yCl Ci�y Clerk RESOLUTION NO. R- S l A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW SECTION V TO THE FIELD RULES FOR THE SEBASTIAN MUNICIPAL AIR- PORT ESTABLISHING THE PROCEDURE FOR THE ASSIGNMENT BY LEASE AMENDMENT OF LAND AREA FOR THE PARKING OF AIRCRAFT: PROVIDING AN EFFECTIVE DATE. "V. LEASING OF AIRCRAFT PARKING AREAS. Any land area designated on the Airport Layout Plan as aircraft parking area which has not been leased may be leased to an operator of an aviation lease by an amendment to the operator's lease. The amendment to the lease shall described the parking area being assigned. The operator shall collect a parking rental of $1.00 per day or $30.00 per month for each aircraft parked in the parking area. One half of the rents shall be paid to the City as additional rent under the lease. This fee is subject to change by the City by amendment to this rule. The lease for the aircraft parking may be terminated by either party to the lease by giving the other party thereto sixty (60) days advance written notice. The City Council must approve each such lease amend- ment in advance. ames Galla• "er, Mayor L-c.,i1 i `'L RESOLUTION NO. dr.5 ,a7 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMEMDING SECTION V OF THE FIELD RULES FOR THE SEBASTIAN MUNICIPAL AIRPORT AND THEREBY REDUCING THE MONTHLY AIRCRAFT PARKING CHARGE FROM THIRTY DOLLARS PER MONTH, AND INCREASING THE PERCENTAGE THEREOF PAYABLE TO THE CITY FROM FIFTY PERCENT TO SEVENTY -FIVE PERCENT: PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: 1. That Section V of the Field Rules of the City's Municipal Airport, now reading as follows: "V. LEASING OF AIRCRAFT PARKING AREAS. Any land area designated on the Airport Layout Plan as aircraft parking area which has not been leased may be leased to an Operator of an aviation lease by an amendment to the operator's lease. The amendment to the lease shall describe the parking area being assigned. The operator shall collect a parking rental of $1.00 per day or $30.00 per month for each .lircraft parked in the parking area. One half of the rents shall be apid to the City as add- itional rent under the lease. This fee is subject to change by the City by amendment to this rule. The lease for the aircraft parking may be terminated by either party to the lease by giving the other party thereto sixty (60) days advance written notice. The City Council must approve such lease amendment in advance." IS HEREBY AMENDED TO READ AS FOLLOWS: "V. LEASING OF AIRCRAFT PARKING AREAS. Any land area designated on the Airport Layout Plan as "aircraft parking area" which has not been leased may be leased by any Fixed Base Operator by an amendment to the Fixed Base Operator's lease with the City, or by inclusion in the Fixed Base Operator's lease for new leases entered into after the effective date of this Rule. The land area leased by the Fixed Base Operator for the parking of Air- craft shall be described in the lease or the amendment to the lease. Any Fixed Base Operator who leases land from the City for the purpose of the parking of aircraft, may grant to third parties a license to park aircraft in such aircraft parking area leased by the Fixed Base Operator, for an aircraft parking fee of one dollar ($1.00) per day for short term parking, or twenty dollars ($20.00) per month, to be collected by the Fixed Base Operator. Seventy -five percent (75%) of the parking fees shall be paid to the City as additional rent under the lease between the City and the Fixed Base Operator. The remaining twenty -five percent (25%) is to be income for the Fixed Base Operator/ leasee. The license granted by the Fixed Base Operator for the parking of aircraft shall always be terminable on thirty days' notice to the licensee. The lease of any air- craft parking area by the City to the Fixed Base Operator may be terminated as to the aircraft parking area only, by the City giving the Fixed Base Operator /leasee sixty (60) days advance written notice of the termination of the lease as to the aircraft parking area. Any amendment to an exist- ing lease between the City and a Fixed Base Operator, which provides for the leasing of aircraft parking area must be approved in advance by the City Council. No tenant at the airport shall grant any license to park aircraft unless the tenant has leased land from the City for that purpose. Neither the City nor the Fixed Base Operator /licensor shall be responsible for and damage, loss, or theft of any air- craft licensed to park the aircraft at the airport." 2. This Resolution shall, upon its passage by the City Council, repeal Resolution Number R- 85 -12. 3. This Resolution shall become effective on June 1, 1985. I HEREBY CERTIFY that the foregoing Resolution was passed by the City Council of the City of Sebastian on the e S 7, day of May, 1985. ATTES City Cler CI,T OF SE; STIAN, F ORIDA BY: m a lagher ayor FLORIDA, AS FOLLOWS: 1. That Section V of the Field Rules of the City's Municipal Airport are amended to read as follows; "V LEASING OF AIRPORT PARKING AREAS. Any land area designated by the City as "aircraft parking area" may be leased by any Fixed base operator and such land area shall be described in the lease. Any such land area is subject to cancellation of the lease to such area only by the giving the tenant sixty (60) days advance written notice to cancel. Any fixed base operator who has been granted permission to permit (by license only) third persons to park an aircraft in any such aircraft parking area shall collect a parking fee of $2.00 per day for short -term parking and $20.00 per month for long -term parking and shall remit monthly fifty (50 per- cent of such fees to the City of Sebastian. Any license granted to any third party shall be on a month -to -month basis, always terminable upon thirty (30) day's advance written notice. Neither any such tenant nor the City of Sebastian shall be responsible for any loss, damage, or destruction to any such aircraft. The permission granted shall be by bare license only and all risks of loss or theft shall remain with the licensee or owner of the aircraft. The licensee shall always be given merely a space to park the aircraft on an "as is" "assume all risks" basis. 2. This Resolution repeals Resolution Number R- 85 -27. 3. This Resolution shall be effective on March 1, 1986. RESOLUTION NO. K (4-/7.-- A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION V OF THE FIELD RULES OF THE SEBASTIAN MUNICIPAL AIRPORT AND THEREBY INCREASING THE SHORT -TERM AIRCRAFT PARKING CHARGE FROM ONE DOLLAR TO TWO DOLLARS PER DAY AND DECREASING THE PERCENTAGE OF THE AMOUNT OF SAID FEES PAYABLE TO THE CITY OF SEBASTIAN FROM SEVENTY -FIVE PERCENT TO FIFTY PERCENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, I HEREBY CERTIFY that the foregoing Resolution was passed y� by the City Council of the City of Sebastian, Florida on the day of February, 1986. AT 'EST City Celrk By: CITY OF SEBASTIAN, FLORIDA DATE RCVD. TO COUNCIL J 14— m Gallagher, l/ Mayor FIRST AGENDA DATF FIRST HEADING VOTE: AYES NAYS. PUBLIC HEARING SECOND READING VOTE: AYES NAYS Subject: 1/4 Round Update A ro d or Submittal by: Ci l Agenda No. o 2,14 Department Origin: Finance: City Manager City Attorney: City Clerk: AN._ Date Submitted: 3 FEB 11 Council Date: 9 FEB 11 n City Manager EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A ufY Of SLB, TIAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY In response to a request from Council during the 2011 Goal Setting discussion at the 26 JAN 11 Regular Meeting, this item is placed on the 9 FEB 11 agenda to provide an update on the %4 -Round Drainage Improvements that the City has been conducting. Attached hereto is a chart which depicts areas that have received improvement, currently undergoing improvement and estimated schedule for improvements. In some part, the schedule for improvements is unacceptable. However, the City's ability to complete drainage improvements it is governed by a number of factors such as finances, workforce, geography /topography and stormwater regulations. During the past several years, the City has invested a minimum of $500,000 per year to complete improvements. In some years up to $1,000,000 was invested to address critical areas or, more recently, to assist in street improvement projects (namely Barber Street). Staff has prioritized improvements based on a ranking system created by the former Engineering Department. Improvement priority is essentially rated by factors such as (1) drainage problem severity; (2) complaints filed; and, (3) system effectiveness (i.e., addressing drainage improvements from the outfall upstream). Based on the current cost, staff identified that it will take approximately twenty -five years to install round throughout the community, if drainage improvements are completed in "$500,000 project blocks Staff is happy to report that this approach to drainage has made a difference in the last several years. To date over 25 miles of -round have been installed. However, there exists over 300 miles of storm water swales in the Highlands. While it is anticipated that a solution for this situation cannot be identified in one discussion, staff offers some discussion points to help educate the community and start a dialogue that supports a long term publicly adopted approach to drainage improvement: The City has financed -round improvements with DST, Stormwater, and Local Option Gas Tax Funds. The City has found that contracting' -round improvements is most economical. D The current cost for improvements is approximately $17.72 per linear foot or $1,420 per household. This amount includes costs of $10.50 per L.F. for round, $650 in concrete for the average driveway replacement and $150 for a 30 foot section of driveway culvert. D Driveway replacement is the most critical element in addressing swale drainage problems because if the flow line is corrected only to leave blockages at deteriorating or misaligned driveway culverts, stormwater will not flow to designated outfalls. D Driveway replacement is the most expensive element and unknown quantity in drainage improvements. In each "project block" a driveway survey is completed to determine blockages in the flow line. If driveways are in generally passing condition, the cost for drainage improvement can drop below $17.72 per foot. Conversely, if driveway conditions are poor and require additional culvert "change outs the cost can increase significantly above $17.72 per foot. D A petition system may help expedite drainage improvements. Indian River County has such a program for other public improvements. This process would provide homeowner contributions towards starting unscheduled improvements; however, based on the City- homeowner ratio, City funds for such a program may reduce amounts needed for scheduled work. D The City may want to consider a driveway replacement assessment for those homeowners that have faulty culverts. This process may reduce costs, which will increase drainage improvement schedule. However, this process may not guarantee that assessments are paid, still leaving the City to absorb the initial financial outlay. D It may be appropriate to place a formal -round improvement plan in the Stormwater Master Plan update. RECOMMENDATION Staff anticipates dialogue and additional consideration from Council on this item. Quarter Round Improvements LEGEND Quarter Round (Completed) Quarter Round In Progress Proposed Quarter Round FY 2011 Proposed Quarter Round FY 2012 Proposed Quarter Round FY 2013 Proposed Quarter Round FY 2014 Proposed Quarter Round FY 2015 Proposed Quarter Round FY 2016 Proposed Quarter Round FY 2017 Proposed Quarter Round FY 2018 Proposed Quarter Round FY 2019 Proposed Quarter Round FY 2020 Proposed Quarter Round FY 2021 Proposed Quarter Round FY 2022 Proposed Quarter Round FY 2023 Proposed Quarter Round FY 2024 Proposed Quarter Round FY 2025 Proposed Quarter Round FY 2026 Proposed Quarter Round FY 2027 Proposed Quarter Round FY 2028 Proposed Quarter Round FY 2029 Proposed Quarter Round FY 2030 Proposed Quarter Round FY 2031 Proposed Quarter Round FY 2032 Proposed Quarter Round FY 2033 Proposed Quarter Round FY 2034 Proposed Quarter Round FY 2035 Proposed Quarter Round FY 2036 G:r Subject: First reading of Ordinance No. 0 -11 -03 amending Chapter 46 of the Code of Ordinances regarding Flood Damage Prevention Ap o for Submittal by: f Agenda No. Department Finance: 11 D Origin: Building Dept 4) City Attorney: City Clerk: _ff A Date Submitted: For: February 1, 2011 February 9, 2011 Al n: r, City Manager Exhibits: Ordinance 0- 11 -03; Community Assistance Contact Report EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: CITY OF HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Last year a Community Assistance Contact (CAC) was conducted by the State of Florida Division of Emergency Management to review Sebastian's participation in the National Flood Insurance Program (NFIP). As a result of that review, certain deficiencies were identified in Sebastian's floodplain management regulations, as noted in the CAC report (attached). To assist city staff, the Floodplain Management Specialist for the NFIP provided a model Flood Damage Prevention Ordinance. In accordance with that document, staff has reorganized Chapter 46 and supplemented it with new definitions regarding manufactured homes, historic structures, lowest floor, recreational vehicles and substantial damage, and regulations regarding placement of manufactured homes and recreational vehicles. The proposed new Chapter 46 has been reviewed by the Division of Emergency Management NFIP Manager, Joy Duperault, who has confirmed that this ordinance will meet our needs for participation in the National Flood Insurance Program. In addition, the Sebastian Construction Board reviewed the proposed ordinance at their December 14, 2010 meeting and gave their recommendation of approval. RECOMMENDATION Move to approve Ordinance 0 -11 -03 on first reading and schedule the second reading and public hearing for March 9, 2011. 1 EJ2, f ORDINANCE NO. 0 -11 -03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CHAPTER 46 OF THE CODE OF ORDINANCES IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 46 REGARDING FLOOD DAMAGE PREVENTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted the first Sebastian Flood Damage Prevention Code on April 9, 1980; and WHEREAS, the City Council later modified the Flood Damage Prevention Code on September 28, 1988; and WHEREAS, following a Community Assistance Contact (CAC) conducted by the State of Florida Division of Emergency Management to review Sebastian's participation in the National Flood Insurance Program (NFIP), certain deficiencies were identified in Sebastian's floodplain management regulations; and WHEREAS, Chapter 46 of the Code of Ordinances of the City of Sebastian has been reorganized and supplemented with new definitions regarding manufactured homes, historic structures, lowest floor, recreational vehicles and substantial damage, and regulations regarding placement of manufactured homes and recreational vehicles; and WHEREAS, the City Council believes that it is in the best interests of the health, safety, and general welfare of the community to enact a new Chapter 46 of the Code of Ordinances entitled Floods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Chapter 46 of the Code of Ordinances of the City of Sebastian consisting of Section 46 -1 through Section 46 -60 is hereby repealed in its entirety. Section 2. The Code of Ordinances of the City of Sebastian, is hereby amended by adding a new Chapter 46 to be numbered Section 46 -1 through Section 46 -28, as follows: Article I. Statutory Authorization, Findings Of Fact, Purpose, And Objectives Sec. 46 -1 Statutory Authorization Sec. 46 -2 Findings of Fact Sec. 46 -3 Statement of Purpose Sec. 46 -4 Objectives Sec. 46 -5 Definitions Sec. 46 -15 Sec. 46 -16 Sec. 46 -17 Sec. 46 -18 Sec. 46 -19 Sec. 46 -20 Sec. 46 -21 Sec. 46 -22 Sec. 46 -23 Chapter 46 FLOODS Article II. Definitions Article III. General Provisions Sec. 46 -6 Lands to which this article applies Sec. 46 -7 Basis for establishing the areas of special flood hazard Sec. 46 -8 Designation of floodplain administrator Sec. 46 -9 Establishment of development permit Sec. 46 -10 Compliance Sec. 46 -11 Abrogation and greater restrictions Sec. 46 -12 Interpretation Sec. 46 -13 Warning and disclaimer of liability Sec. 46 -14 Penalties for violation Article IV. Administration Permit procedures Duties and responsibilities of the floodplain administrator Article V. Provisions For Flood Hazard Reduction General standards Specific standards Specific standards for A -Zones without base flood elevations and regulatory floodways. Standards for AO -Zones Standards for coastal high hazard areas (V- Zones) Article VI. Variance Procedures Designation of variance and appeals board Duties of variance and appeals board 2 Sec. 46 -24 Sec. 46 -25 Sec. 46 -26 Sec. 46 -27 Sec. 46 -28 Variance procedures Conditions for variances Variance notification Historic structures Structures in regulatory floodway 3 E)) ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES Sec. 46 -1 Statutory Authorization The Legislature of the State of Florida has authorized and delegated in Chapter 166, Florida Statutes, the responsibility of local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Sebastian does hereby adopt the following floodplain management regulations. Sec. 46 -2 Findings of Fact (1) The flood hazard areas of the City of Sebastian are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages. Sec. 46 -3 Statement of Purpose Chapter 46 FLOODS It is the purpose of this article to save lives, promote the public health, safety and general welfare, and minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) (2) Require that uses vulnerable to floods including facilities which serve such uses be protected against flood damage throughout their intended life span; (3) (5) (1) Restrict or prohibit uses which are dangerous to life, health, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights and velocities; Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Sec. 46 -4 Objectives The objectives of this article are to: Protect human life, health and to eliminate or minimize property damage; 4 (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, roadways, and bridges and culverts located in floodplains; (6) Maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7) Ensure that potential homebuyers are notified that property is in a flood hazard area. Sec. 46 -5 Definitions ARTICLE II. DEFINITIONS Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this article or a request for a variance. Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard is the land in the floodplain within a community subject to a one- percent or greater chance of flooding in any given year. This term is synonymous with the phrase "special flood hazard area." Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood" and the "regulatory flood Base flood is the term used throughout this article. Base Flood Elevation means the water surface elevation associated with the base flood. Basement means any portion of a building having its floor sub -grade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building see Structure. 5 Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 V30, VE, or V. Datum A reference surface used to ensure that all elevation records are properly related. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988. Development means any man -made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment. Elevated building means a non basement building built to have the lowest floor elevated above the ground level by foundation walls, posts, piers, columns, pilings, or shear walls. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Construction means, for the purposes of floodplain management, structures for which "the start of construction" commenced before April 4, 1980 (effective date of Sebastian's original Flood Damage Prevention Code). Existing construction, means for the purposes of determining rates, structures for which the "start of construction" commenced before May 4, 1989 (effective date of Sebastian's first FIRM). This term may also be referred to as "existing structures Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before April 4, 1980. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the Lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means: (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (Le., mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along a shore of a lake or other body of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a) (1) of this definition. Flood Boundary and Floodway Map (FBFM) means the official map of the community on which the Federal Emergency Management Agency (FEMA) has delineated the areas of special flood hazard and regulatory floodways. 6 Flood Hazard Boundary Map (FHBM) means an official map of the community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as only Approximate Zone A. Flood Insurance Rate Map (FIRM) means an official map of the community, issued by FEMA, which delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official hydrology and hydraulics report provided by FEMA. The study contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood related erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other related data and information. Floodplain means any land area susceptible to being inundated by water from any source (see definition of "flooding Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations of the community. Floodplain management regulations means this article and other zoning articles, subdivision regulations, building codes, health regulations, special purpose articles (such as floodplain article, grading article, and erosion control article), and other applications of police power which control development in flood -prone areas. This term describes Federal, State of Florida, or local regulations in any combination thereof, which provide standards for preventing and reducing flood Loss and damage. Floodproofing means any combination of structural and non structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Floodway fringe means that area of the one percent (base or 100 -year) floodplain on either side of the regulatory floodway. Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, blockage of bridge or culvert openings, and hydrological effect of urbanization of the watershed, which could contribute to flood heights greater than the heights calculated for a selected frequency flood and floodway conditions. Free of Obstruction means any type of lower area enclosure or other construction element will not obstruct the flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event. This requirement applies to the structures in velocity zones (V- Zones). Functionally dependent use means a use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long -term storage, manufacture, sales, or service facilities. 7 Hardship as related to variances from this article means the exceptional difficulty associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. Historic Structure means any structure that is: a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district: c) Individually listed on the Florida inventory of historic places, which has been approved by the Secretary of the Interior; or d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1. By the approved Florida program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior. Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design standards of this article. Mangrove Stand means an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above ground and which contain one or more of the following species: Black mangrove (Avicennia Nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta). Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the building value, which is the property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller) as 8 established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost depreciated for age and quality of construction of building), or adjusted tax- assessed values. Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929, or North American Vertical Datum (NAVD) of 1988. National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference for establishing varying elevations within the floodplain. New Construction means, for floodplain management purposes, any structure for which the "start of construction" commenced on or after April 4, 1980 (effective date of Sebastian's original Flood Damage Prevention Code). The term also includes any subsequent improvements to such structures. For flood insurance rates, structures for which the start of construction commenced on or after May 4, 1989 (effective date of Sebastian's first FIRM), and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 4, 1980 (effective date of Sebastian's original Flood Damage Prevention Code). North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain. Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground. Program deficiency means a defect in the community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Flood Insurance Program. Public safety and nuisance means anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Recreational vehicle means a vehicle that is: a) Built on a single chassis; b) 400 square feet or less when measured at the largest horizontal projection; c) Designed to be self propelled or permanently towable by a light duty truck; and d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 9 Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Remedy a deficiency or violation means to bring the regulation, procedure, structure or other development into compliance with State of Florida, Federal, or local floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this article or otherwise deterring future similar violations, or reducing Federal fmancial exposure with regard to the structure or other development. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Sand dune means naturally occurring accumulations of sand in ridges or mounds landward of the beach. Shallow flooding see area of shallow flooding. Special flood hazard area see area of special flood hazard. Start of construction means, for other than new construction and substantial improvements under the Coastal Barrier Resources Act P. L. 97 -348, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Storm cellar means a place below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornadoes or similar windstorm activity. Structure means, for floodplain management purposes, a walled and roofed building, including gas or liquid storage tank that is principally above ground, as well as a manufactured home. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. This term does not include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this article. 10 Violation means the failure of a structure or other development to be fully compliant with the requirements of this article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided. Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Sec. 46 -6 Lands to which this article applies ARTICLE III. GENERAL PROVISIONS This article shall apply to all areas of special flood hazard within the jurisdiction of the City Council of the City of Sebastian. Sec. 46 -7 Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Study (FIS) for the City of Sebastian, dated May 4, 1989, with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this article. The Flood Insurance Study and Flood Insurance Rate Maps are on file at City Hall, City of Sebastian, 1225 Main Street, Sebastian, FL. Sec. 46 -8 Designation of floodplain administrator The City Council of the City of Sebastian hereby appoints the Building Official to administer and implement the provisions of this article and is herein referred to as the Floodplain Administrator. Sec. 46 -9 Establishment of development permit A development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities. Sec. 46 -10 Compliance No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations. Sec. 46 -11 Abrogation and greater restrictions This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 46 -12 Interpretation In the interpretation and application of this article all provisions shall be: (1) Considered as minimum requirements; 11 (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under State of Florida statutes. Sec. 46 -13 Warning and disclaimer of liability The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City Council of the City of Sebastian or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec. 46 -14 Penalties for violation Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall be punishable for a non criminal violation. Any person who violates this article or fails to comply with any of its requirements shall, upon adjudication therefore, be fined not more than $500, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful actions as are necessary to prevent or remedy any violation. Sec. 46 -15 Permit procedures (1) Application Stage: ARTICLE IV. ADMINISTRATION Application for a Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing and proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings; Elevation in relation to mean sea level to which any non residential building will be flood proofed; c) Certificate from a registered professional engineer or architect that the non residential flood proofed building will meet the flood proofing criteria in Article IV, Sec. 46 -15(2) and Article V, Sec. 46- 18(2); d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (e) Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the lowest floor and provide a certification from a registered engineer or architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and certified that are in accordance with accepted standards of practice in Coastal High Hazard Areas. 12 (2) Construction Stage: Sec. 46 -16 Duties and responsibilities of the floodplain administrator Duties of the Administrator shall include, but are not be limited to: (1) Review permits to assure sites are reasonably safe from flooding; (2) Review all development permits to assure that the permit requirements of this article have been satisfied; (3) Upon placement of the lowest floor, or flood proofing by whatever construction means, or bottom of the lowest horizontal structural member it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the NGVD or NAVD elevation of the lowest floor or flood proofed elevation, or bottom of the lowest horizontal structural member of the lowest floor as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular building said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the lowest floor and flood proofing elevation survey data submitted. The permit holder immediately and prior to further progressive work being permitted to proceed shall correct violations detected by such review. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop -work order for the project. Require copies of additional Federal, State of Florida, or Local permits, especially as they relate to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065; and 553, Part IV, Florida Statutes, be submitted along with the development permit application and maintain such permits on file with the development permit; (4) Notify adjacent communities, the Florida Department of Community Affairs Division of Emergency Management NFIP Coordinating Office, St. Johns River Water Management District, the Federal Emergency Management Agency, and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse; (5) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; (6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A- Zones) or bottom of the lowest horizontal structural member of the lowest floor (V- Zones) of all new and substantially improved buildings, in accordance with Article V, Sec. 46 -18(1) and (2) and Sec. 46- 21(2), respectively; (7) Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been flood proofed, in accordance with Article V, Sec. 46- 18(2); (8) Review certified plans and specifications for compliance. When flood proofing is utilized for a particular building, certification shall be obtained from a registered engineer or architect certifying that all areas of the building, together with attendant utilities and sanitary facilities, below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance with Article V, Sec. 46 -18(2) of this article. In Coastal High Hazard Areas, certification shall be obtained from a registered professional engineer or architect that the building is designed and securely anchored to pilings or columns in order to withstand velocity waters and hurricane wave wash. Additionally in Coastal High Hazard Areas, if the area below the lowest horizontal structural member of the lowest floor is enclosed, it may be done so with open wood lattice and insect screening or with non supporting breakaway walls that meet the standards of Article V, Sec. 46 -21(6) of this article; 13 (10) When base flood elevation data and floodway data have not been provided in accordance with Article III, Sec. 46 -7, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State of Florida, or any other source, in order to administer the provisions of Article V; (11) Coordinate all change requests to the FIS, FIRM and FBFM with the requester, State of Florida, and FEMA, and (12) Where Base Flood Elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with Article V, Sec. 46 -18(1) and (2), respectively. Sec. 46 -17 General standards In all areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding, and meet the following provisions: (1) New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State of Florida requirements for resisting wind forces; (3) (4) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage; (5) (6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (8) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; (9) Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the Floodplain Administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article; ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article; 14 (10) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this article, shall be undertaken only if said non conformity is not furthered, extended, or replaced; (11) All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Floodplain Administrator along with the application for development permit. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to, the following: (a) St. Johns River Water Management District: in accordance with Chapter 373.036 Florida Statutes, Section (2) (a) Flood Protection and Floodplain Management; (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553, Part IV F.S., Florida Building Code; (c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and Disposal Systems; and (d) Department of Environmental Protection, Coastal Construction Control Line: in accordance with Chapter 161.053 F.S. Coastal Construction and Excavation. (12) Standards for Subdivision Proposals and other new Proposed Development (including manufactured homes): (a) Such proposals shall be consistent with the need to minimize flood damage; (b) Such proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; and (c) Such proposals shall have adequate drainage provided to reduce exposure to flood hazards. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than the lesser of 50 lots or five acres. (13) When proposed new construction and substantial improvements are partially located in an area of special flood hazard, the entire structure shall meet the standards for new construction. (14) When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevations, the entire structure shall meet the standards for the most hazardous flood hazard risk zone and the highest base flood elevation. Sec. 46 -18 Specific standards In all A -Zones where base flood elevation data have been provided (Zones AE, A1-30, A (with base flood elevation), and AH), as set forth in Article III, Sec. 46 -7, the following provisions, in addition to those set forth in Article V, Sec. 46 -17, shall apply: (1) Residential Construction. All new construction and substantial improvement of any residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, there must be a minimum of two openings on different sides of each enclosed area sufficient to facilitate automatic equalization of flood hydrostatic forces in accordance with standards of Article V, Sec. 46- 18(3). (2) Non Residential Construction. All new construction and substantial improvement of any commercial, industrial, or non residential building (including manufactured home) shall have the lowest floor, including 15 CJ (3) basement, elevated to no lower than the base flood elevation. All buildings located in A -Zones may be flood proofed, in lieu of being elevated, provided that all areas of the building components, together with attendant utilities and sanitary facilities, below the base flood elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied using the FEMA Floodproofing Certificate. Such certification along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the Floodplain Administrator. Enclosures below the Lowest Floor. New construction and substantial improvements that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet or exceed the following minimum criteria: (i) Provide a minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and (iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic flow of floodwaters in both directions. (b) Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and building access. Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator); and (c) The interior portion of such enclosed area shall not be finished or partitioned into separate rooms. (d) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation. (4) Standards for Manufactured Homes and Recreational Vehicles (a) All manufactured homes that are placed, or substantially improved within Zones A1-30, AH, and AE, on sites (i) outside of an existing manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, the lowest floor be elevated on a permanent foundation to no lower than the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision that are not subject to the provisions of paragraph 4 (a) of this Section, must be elevated so that either: (i) The lowest floor of the manufactured home is elevated to no lower than the base flood elevation, or 16 (7) (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength that are no less than 36 inches in height above the grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Placement of manufactured homes is prohibited within the regulatory floodway, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Article V, Sec. 46- 17(2), the elevation standards of Article V, Sec. 46 -18(1) and (2), and the encroachment standard of Article V, Sec. 46 -18(7) (a), are met. (d) All recreational vehicles must either: (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions), or (iii) Meet all the requirements for new construction, including anchoring and elevation standards in accordance with Article V, Sec. 46 -18(4) (a) and (b). (5) Adequate drainage paths around structures shall be provided on slopes to guide water away from structures within Zone AH. (6) Standards for waterways with established Base Flood Elevations, but without Regulatory Floodways Located within the areas of special flood hazard established in Article III, Sec. 46 -7, where streams exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (Zones AE and A 1 -30), the following provisions, in addition to those set forth in Article V, Sec. 46 -18(1) through (5), shall apply: (a) Until a regulatory floodway is designated, no new construction, substantial improvements, or other development including fill shall be permitted within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. (b) Development activities which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies with the community's endorsement for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency (FEMA). Standards for waterways with established Base Flood Elevations and Floodways. Located within areas of special flood hazard established in Article III, Sec. 46 -7, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the high velocity of flood waters which carry debris, potential projectiles and have significant erosion potential, the following provisions, in addition to those set forth in Article V, Sec. 46 -18(1) through (5), shall apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments within the regulatory floodway unless certification (with supporting technical data) by a registered professional engineer is provided through hydrologic and hydraulic analyses performed in accordance with standard engineering practice demonstrating that encroachments would not result in any increase in flood levels during occurrence of the base flood discharge. 17 93, (b) Placement of manufactured homes is prohibited within the regulatory floodway, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Article V, Sec. 46- 17(2), the elevation standards of Article V, Sec. 46 -18(1) and (2), and the encroachment standard of Article V, Sec. 46 -18 (7) (a), are met. (c) Development activities including new construction and substantial improvements within the regulatory floodway that increase the base flood elevation may be allowed, provided that the developer or applicant first applies with the community's endorsement for a conditional FIRM revision, and receives the approval of FEMA. (d) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodway, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood in accordance with Article V, Sec. 46 -18(7) (a). (8) For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor of all new construction and substantial improvements shall be elevated to no lower than the 100 -year flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with Article III, Sec. 46 -7, whichever is higher. All non elevation design requirements of Article V, Sec. 46 -18 shall apply. Sec. 46 -19 Specific standards for A -Zones without base flood elevations and regulatory floodways. Located within the areas of special flood hazard established in Article III, Sec. 46 -7, where there exist A Zones for which no base flood elevation data and regulatory floodway have been provided or designated by the Federal Emergency Management Agency, the following provisions shall apply: (1) (3) (5) Require standards of Article V, Sec. 46 -17. (c) Maintain a record of all such information. 18 (2) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data. Standards set forth in Article V Sec. 46 -18 shall apply. The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State of Florida, or any other source, in order to administer the provisions of this article. When such data is utilized, provisions of Article V, Sec. 46 -18 shall apply. The Floodplain Administrator shall: (a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures, (b) Obtain, if the structure has been floodproofed in accordance with the requirements of Article V, Sec. 46- 18(2), the elevation in relation to the mean sea level to which the structure has been floodproofed, and (4) Notify, in riverine situations, adjacent communities, the Florida Department of Community Affairs NFIP Coordinating Office, and the St. Johns River Water Management District prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (6) Manufactured homes shall be installed using methods and practices that minimize flood damage. They must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over the -top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. When the data is not available from any source, in accordance with standard set forth in Article V, Sec. 46- 19(2) of this section, the lowest floor of the structure shall be elevated in accordance with Article I, Sec. 26 -1. Standards set forth in Article V, Sec. 46 -18 shall apply. (7) Sec. 46 -20 Standards for AO -Zones Located within the areas of special flood hazard established in Article III, Sec. 46 -7, are areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate; therefore, the following provisions, in addition to Article V, Sec. 46 -17, apply: (1) All new construction and substantial improvements of residential structures in all AO Zones shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than two feet above the highest adjacent grade. (2) All new construction and substantial improvements of non residential structures shall: (a) Have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to at least two feet above the highest adjacent grade, or (b) Together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofmg standard specified in Article V, Sec. 46- 20(2)(a). (3) Adequate drainage paths around structures shall be provided on slopes to guide water away from structures. (4) Fully enclosed areas below the lowest floor that are subject to flooding shall meet the non elevation design requirements of Article V, Sec. 46 -18. Sec. 46 -21 Standards for coastal high hazard areas (V- Zones) Located within areas of special flood hazard established in Article 3, Section B are Coastal High Hazard Areas, designated as Zones V1-30, VE, or V (with BFE). The following provisions shall apply: (1) Meet the standards of Article IV, Sec. 46 -15, and Article V, Sec. 46 -17, Sec. 46- 18(except (46- 18(7), Sec. 46 -19, and Sec. 46 -20. (2) All new construction and substantial improvements in Zones V1—V30, VE, and V (with BFE) shall be elevated on pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to no lower than the base flood elevation whether or not the structure contains a basement; and (b) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. 19 (c) For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the 100 -year flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is the higher. (3) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. (4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading shall be those values associated with the base flood. The wind loading values shall be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards. (c) Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on site or other properties. (8) Prohibit man -made alteration of sand dunes and mangrove stands that would increase potential flood damage. (9) Standards for Manufactured Homes (a) All manufactured homes to be placed or substantially improved on sites: (i) Outside a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or, (iv) In an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of Article V, Sec. 46 -21(2) though (8), or 20 (b) All manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision shall meet the requirements of Article V, Sec. 46- 18(4)(b). (10) Recreational vehicles placed on sites within Zones VE, V1—V30, V (with base flood elevation) on the FIRM either (a) Be on the site for fewer than 180 consecutive days, (b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or (c) Meet the requirements of Article V, Sec. 46 -21(2) through (8). (11) For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or the base flood elevation whichever is higher. All non elevation design requirements Article V, Sec. 46 -21(2) through (10) shall apply. (12) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in coastal high hazard area, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood nor cause any adverse impacts to the structure on site or other properties by wave ramping or deflection. Sec. 46 -22 Designation of variance and appeals board The Board of Adjustment as established by the City Council of the City of Sebastian shall hear and decide appeals and requests for variances from the requirements of this article. Sec. 46 -23 Duties of variance and appeals board ARTICLE VI. VARIANCE PROCEDURES The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Management Administrator in the enforcement or administration of this article. Any person aggrieved by the decision of the board may appeal such decision to the Circuit Court. Sec. 46 -24 Variance procedures In acting upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; 21 (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment of transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Sec. 46 -25 Conditions for variances (1) (3) (1) Variances shall only be issued when there is: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this article. The Floodplain Administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the community's NFIP Biennial Report or upon request to FEMA and the State of Florida, Department of Community Affairs, NFIP Coordinating Office. Sec. 46 -26 Variance notification Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Clerk of Court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Sec. 46 -27 Historic structures Variances may be issued for the repair or rehabilitation of "historic" structures meeting the definition in this article upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure. 22 Sec. 46 -28 Structures in regulatory floodway Variances shall not be issued within any designated floodway if any impact in flood conditions or increase in flood levels during the base flood discharge would result. 23 (to o Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall 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 remainder to remain in full force and effect. Section 5. its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2011. ATTEST: EFFECTIVE DATE. This Ordinance shall take effect immediately upon Mayor Jim Hill Vice -Mayor Don Wright Councilmember Andrea Coy Councilmember Richard Gillmor Councilmember Eugene Wolff Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: 24 CITY OF SEBASTIAN, FLORIDA By: Jim Hill, Mayor Robert A. Ginsburg City Attorney 1. Are there any problems with the community's floodplain management regulations? None Minor Serious 2. Are there problems with administrative and enforcement procedures? ►I None Minor Serious 3. Are there engineering or other problems with the maps or Flood Insurance Study? !None X Minor Serious 4. Are there other problems with the local floodplain management program? ►1 None Minor Serious 5. Are there problems with the Biennial Report data? No Yes Not available 6. Are there any programmatic issues or problems identified (not specific to this community)? ►1 No Yes 7. Are there any potential violations of the community's floodplain management regulations? n Potential violations have been identified. 11 No violations have been identified. Actions are in progress to remedy any noted problems. COMMUNITY ASSISTANCE CONTACT REPORT National Flood Insurance Program Name of Community City of Sebastian Wayne Eseltine 772 589 -5537 SUMMARY OF FINDINGS County Community ID Indian River 120123 Conducted By Agency Date of Contact Mollie Heibert State (FDEM) May 3, 2010 Floodplain Manager (FPM) Telephone E Mail Address of Local Official (both mailing address street if applicable) 1225 Main Street, Sebastian, Florida 32958 Name of CEO (and address, if different) and phone/ email Al Minner, City Manager aminner @cityofsebastian.org 772 388 -8203 weseltine@cityofsebastian.org Page /610 BACKGROUND a.) Last CAC By Whom/ Results The City of Sebastian has never had a CAC. The last CA V was conducted by the State on March 27, 2000. Minor problems were found with the floodplain management regulations and administrative and enforcement procedures. Additionally potential violations of the floodplain management regulations were found. "Problems with three ECs. Need to amend ordinance to include lowest floor definition and correct FIRM FIS date." Note: Final follow -up not noted in FEMA's database. b.) History of Flood Problems/ Population/ Development/ Administration No flooding has occurred in the community within the past 12 months. According to the 2009 Biennial Report, Sebastian has a population of 22,924, with 2,292 people/ 650 structures within the SFHA. Much of the Community's development came to a halt with the downturn of the economy. However several subdivisions have begun building again, while 4 still remain dormant. Wayne Eseltine, the Building Department Director is the designated floodplain manager. He has been working in his current position for 6 years, and with the NFIP for 20 years. He works closely with Rebecca Grohall, Director of Growth Management, who has been working for the Community, and with the NFIP for 5 years, and Jan King, Manager of Growth Management, who has been working for the Community, and with the NFIP for 21 years. Insurance Information Community: SEBASTIAN, Cf1Y OF County: DAN RIVER COUNTY prerpolitifitm Total Number of Policies: Total Premiums: Insurance in Force: Total Number of Closed Paid Losses: 5 of Closed Paid Losses: Total Number of Minus Rated Poricies: A Zone Minus Rated Policies: V Zone Minus Rated Policies: Total by Community Post Flrrn Minus Rated Policies ICC Total Number of ICC Closed Paid Losses: 0 Number of Properties by Community. 0' 15 of ICC Closed Paid Losses: SO Substantial Damage Losses Number of Substantial Damage Closed Paid Losses: Insurance Overview As of 10/31/2009 1,397I Total Number of Policies: 5834,445 Total Premiums: 5315,606,19D Insurance in Force: 32 Total Number of Closed Paid Losses: S754,095 S of Closed Paid Losses: Manufactured Homes 1 Total Number of Policies: 1 Total Number of Closed Paid Losses: 0 j S of Closed Paid Losses: State: CID FLORIDA 129123 Group Flood Insurance 1316 0 S0 So 0 S0: 2 54.776 Page 2 d.) Repetitive Loss RL Fluid (Tat&) RL Buildings (Insured R1 Losses (Total) Losses (Insured) RL Payments (Total) Building Contents RL Payments (Insured) Budding Contents Post FIRM SFHA RL Buildings: A Insured Buildings with 4 or More Losses: Insured Buildings with 2-3 Losses >.Building Value: Total Target RL Buik6ngs: Community Repetitive Loss S.00 5.00 5.00 5.00 5.031 S. 00 COMMUNITY SEBASTIAN. CITY OF V 1 -30, V NARRATIVE FOR QUESTIONS 1 -7 ABOVE o r 01 nl 5.00 0 0 0 o f 2 1 542,991.02 535,668.08 87,322.94 8.oa? 5.00 5.00 1' 11 0 2. 0 I 542.991.021 535.668.08 57,322.94 0.110i 5.001 0.00 The Community Assistance Contact telephone call was attended by: Wayne Eseltine (Director, Building Department), Rebecca Grohall (Director, Growth Management), Jan King (Manager, Growth Management), and Al Minner (City Manager) all of the City of Sebastian, and Mollie Heibert of FDEM. 1. Are there any problems with the community's floodplain management regulations? Minor. Please see Community Action Required at the end of this report. Several Definitions are missing from the ordinance (It was also noted in the last CAV conducted by the State that Sebastian s ordinance had several missing definitions which have still not been added to their ordinance): o Existing Manufactured Home Park or Subdivision o Expansion to an Existing Manufactured Home Park or Subdivision o Historic Structure o Lowest Floor o Manufactured Home Park or Subdivision o New Manufactured Home Park or Subdivision o Recreational Vehicle o Substantial Damage Regulations pertaining to manufactured homes placed within A1-30, AH, and AE Zones [The NFIP Federal Regulations for this can be found in 44 CFR 60.3(c)(6) and (c)(12)] All regulations pertaining to recreational vehicles within A1-30, AH, AE, V1 -30, VE, and V Zones [The NFIP Federal Regulations for this can be found in 44 CFR 60.3(c)(14) and (e)(9)] Page 3 2. Are there problems with administrative and enforcement procedures? No. 3. Are there engineering or other problems with the maps or Flood Insurance Study? Minor. On the current FIRMs, streets are not indentified, and if they are they are wrongly identified. However, Indian River County, which includes Sebastian, just received their preliminary DFIRMs shortly after this CAC was conducted, therefore hopefully these issues were resolved or can now be addressed. 4. Are there other problems with the local floodplain management program? No. 5. Are there problems with the Biennial Report data? No. They filed out the most recent (2009) Biennial Report. 6. Are there any programmatic issues or problems identified? No. 7. Are there any potential violations of the community's floodplain management regulations? No. MITIGATION GRANT ACTIVITY INTEREST There is currently no mitigation grant activity occurring in Sebastian; however they are interested in receiving contact information regarding these. Please see Action Required by the State at the end of this report. OTHER FINDINGS Someone seeking a development permit for residential construction submits an application with a survey to the Building Department where the flood zone is checked and the plans are reviewed. Growth Management then also conducts a review and approves the plans. o For commercial development the process remains the same, only the Growth Management Department makes a recommendation (instead of a final approval) for approval or denial to the Planning and Zoning Commission, who then has final approval of the development. o Those seeking a permit for subdivision development submit an application to the Growth Management Department who reviews the application and makes a recommendation for approval or denial to the City Council, who then has final approval of the development. 21 permits have been issued in the SFHA within the past three years. 3 of those have been issued within the past year. Page 4 No permits have been issued for substantial improvement Several structures have been determined to be substantially damaged. This occurred mostly after 2 hurricanes hit Sebastian. The structures were deemed unsafe and were demolished. No Variances have been issued There are manufactured home parks or subdivisions in the SFHA. However, only a small portion of these parks or subdivisions lie within the SFHA. Sebastian does regulate the installation and replacement of manufactured homes. Sebastian is very familiar with LOMAs. They receive approximately 50 LOMAs per year; they are mostly LOMR -Fs. The City reviews the letters and signs off on them for the residents. A survey and EC are required both before the slab is poured and at finished construction. Sebastian has one repetitive loss property that has not flooded recently. They participate in the LMS and attend the LMS meetings in the County. The community recently completed the Twin Ditches project. They dredged and replaced a seawall and stormwater main. They are also mowing in order to lower the flood risk in those areas. COMMUNITY ACTION The following actions are required to be completed by the Community by September 15, 2010: Update ordinance to include missing regulations regarding manufactured homes, recreational vehicles, and missing definitions; if any or all of these regulations are contained in another part of the LDR, please provide the applicable sections that contain the missing regulations. The following actions are suggested: Check the Florida Floodplain Management Association's webpage for training opportunities (www.ffma.net). FOLLOW UP BY STATE The State has done or will do the following by September 15, 2010: Send contact information for Mitigation Grants. Send contact information for CFM Training Classes and Certification.