HomeMy WebLinkAbout10252000HoMr. O~°~F.1JCAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, OCTOBER 25, 2000 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- '/225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City
Council - limit of ten minutes per speaker (R-99-2 f)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Pastor Bob Littleton - Lakeside Fellowship Church
4. J~OLI~ CALL
5. /~,GENDA MODIFICATIONS (ADDITIONS AND/OR D[~[..ETIONS)
Items not on the written agenda maybe added only upon a majority vote of City Council members (R-99-21)
6. PROCLAMATIONS~ ANNOUNCEMI~NTS AND/OR pRESENTATIONS
7. CITY ATTORNEY MATFERS
8. CITY MANAGER MATTERS
· 9. CITY CLERK ~/IA'i"I'ER~
10. CITY COUNCIL MATTERS
A. Mr. Hill
B. Mr. Majcher
C. Mayor Barnes
00.075 1. Indian River County Emergency Services District Advisory Committee Member
1-5 (Commissioner Adams Letter, IRC Resolution 2000-f24, Current City Member List for
ESDAC)
D. Vice Mayor Bishop
E. Mr. Barczyk
7-17
00.232
19-33
00.233
35-51
00.198
53
00.234
55-60
00.235
61-62
00.029
63-84
00.197
85-106
11.
12.
CONSENT AGENDa.
All items on ~he consent agenda are considered fou#na and w~ be enacted by one mo#on. There wSI be no separate discussion
of consent agenda items unless a member of City Council so requests; in which event, the Item ~ be removed and acted upon
separately.
A. Approval of Minutes - 10/11/00 Regular Meeting
Resolution No. R-00-59 - Vacation of Easement - Scott - Lot 12, Block 447, SH Unit 17 (Growlh
Management Transmittal 10/15/00, R-00-59, Application, Site Map, Staff Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT
OVER LOT 12, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING
FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-00-60 -Vacation of Easement- Nubi- Lots 10 and 10A, Block 229, SH Unit 6
(Growth Management Transmittal 10/19/00, R-O0-60, Application, Site Map, Staff Report, Utility
Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT
OVER LOTS 10 AND IOA, BLOCK 229, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Approve Final Plat for Acorn Acres Subdivision (City Engineer Transmittal 10/18/00, Final Plat
Under Separate Cover)
Authorize Mayor Barnes to Attend Florida League of Cities Local Government Leadership Class VI
- Tampa 2/15/01-2/17/01 and Orlando 4/19/01-4/21/01 Pursuant to Chapter 2. Division 3. of the
Code of Ordinances (City Clerk Transmittal 10/20/00, FLC Letter and Class Curriculum, Ch.2-Div
3 of the Code)
Sebastian River Area Chamber of Commerce - Taste and Treasures/Paddle Fast 2000 - Use of
Riverview Park "Riverfront Area" - Saturday, 11/4/00 8 am to 4 pm (Public Works Transmittal
t0/t7/00, Schedule of Activities)
QUASI-JUDICIAL PUBLIC HEARING
Quasi. Judicial Heating Procedures on Back of Agenda
Resolution No. R-00-55 - Preliminary Development Plan Approval for Phase IIA and liB of
Collier Club Subdivision (Growth Management Director Transmittal 10/9/00, R-00-55, Application,
Staff Report, P & Z Minutes, Location Map, Preliminary Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR
PHASES IIA AND liB OF COLLIER CREEK SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
EFFECTIVE DATE.
Resolution No. R-00-56 - Special Use Permit for Chestnut 512 Carwash (Growth Management
Transmittal 10/9/00, R-00-56, Application, Staff Report, P & Z Minutes, Location Map, Site Plan
Under Separate Coved
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512
CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE.
13.
[NTRODUCTII;)N OF NEW BUSINESS FROM THI~ pUBLIC
Item that has occurred or was discovered within the previous s~x months which is not othe~vise on the agenda, sign-up
required- limit often minutes for each speaker
14. COMMrFTEE R_EPORTSIRECOMM~N DATIONS
15. OLD BUSINESS
00,113
107
Approve New Location for Closing of Indian River Drive - Coolidge Street to Harrison Street and
East End of Indian River Ddve at East End of Fellsmere Road for December 16-17, 2000 75th
Anniversary Street Celebration (Public Works Transmittal 10/t8/00)
16. NEW BUSINESS
00.016 A.
109-136
Authorize City Manager to Execute Project Agreement Between City of Sebastian and Florida
Inland Navigation District Waterways Assistance Program for Boat Mooring and Shoreline
Restoration, Site Work and Landscape Improvements in the Amount of $170,000 (C/ty Manager
Transmittal 10/13/00, Agreement)
00.236
13~145
Approve Computer Upgrade for City Clerk's Office - Six Dell Computers Under State Contract
- Hewlett Packard HP 4500DN Color Laser Printer from Pomeroy Government Sales State
Contract - Netware Upgrades Supported by State Contract and installation/Configuration by
NCR Technician, Bob Mouring for a Total of $20,127.93 (City Clerk Transmittal 10/19/00, Dell
Quote, Porneroy Quote, Mouring Quote, Minutes Excerpt)
00.237 C.
14~146
Approve Purchase of 2001 Chew Silverado C1500 Pickup Truck for Building Official in the Amount
of $15,543.00 - 5 Yr/75,000 mile/No Deductible Extended Warranty - State Contract - Bell
Chevrolet, Inc./Bill Heard Chevrolet, Inc.- Plant City (Building Department Transmittal 10/11/00,
State Contract Price List)
00.238 D.
149-151
Approve Purchase of Two GMC Extended Cab Compact Pickup Trucks for Engineering
Department in the Total Amount of $28,224.00 - State Contract - Kaiser Pontiac GMC (Engineering
Transmittal 10/16/00, Engineer Memo)
00.034 E.
153
Authorize One Member of City Council to Travel to Tallahassee on 11/15/00 to Participate in State
of Florida Historic Preservation Advisory Review Board Presentation for City Hall Restoration
Program (City Manager Transmittal 10/13/00)
00,231 F,
155-162
Authorize Mayor to Execute Employment Agreement Between City of Sebastian and Sally Male
(City Attorney Transmittal 10/19/00, Contract)
17.
ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of
City Council)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSUF~E THAT A VERBA TIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD,
(286,0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS
MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcornino Meetinqs:
o Regular Meeting. Wednesday, 1 I/8/2000 - 7 pm
· Regular Meeting. Wednesday, 12/6,/2000 - 7 pm
· Regular Meeting. Wednesday, 12/2072000- 7pm
3
PROCEDURES FOR QUASI-JUDICIAL HEARINGS
IN ACCORDANCE WITH RESOLUTION NO. R-99-12
A. Sweadng of witnesse~. Any person presenting factual information to theTribunal during the hearing
shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record
at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition
to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position,
need not be sworn.
B. &drnJssibilty of Evidence. The City Attomey, upon an objection raised or upon his own accord, shall
determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a
majodty of the Tdbunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tdbunal shall
for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk.
C. Time Limitations. The traditional practices of the Chair in presiding over the smooth conduct of
the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length
of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set
limits on the length of presentations and the number of witnesses on a case-by-case basis.
D. [3isclosure of Ex-Parte Communication. At the time the Presiding Officer opens the hearing,
members of the Tribunal shall disclose ex-parte communications in accordance with law.
following order:
2.
3.
4.
questions.
5.
questions.
6.
public.
7.
8.
9.
Order of Presentatiorl.After the Presiding Officer opens the headng, the matter shall proceed in the
The applicant or his agent shall make a presentation in favor of the request.
The staff shall present its findings and analysis.
The Tribunal shall ask questions of the applicant and staff as it sees fit.
The floor shall be opened to anyone in favor of the request who wishes to speak or ask
The floor shall be opened to anyone opposed to the request who wishes to speak or ask
The applicant is provided an opportunity to respond to any of the issues raised by staff or the
Staff is provided an opportunity to summarize its position.
The Tribunal deliberates the request, asking such questions as it sees fit.
The Presiding Officer then entertains a motion and the Tribunal acts.
Section 2, APPLICATION. Due to the evolving nature of this area of the law, these procedures
shall be utilized in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the
State of Florida,
\wp-min\quasi.pro
Fran B. Adams
Chairman
District I
Caroline D. Ginn
Vice Chairman
District 5
BOARD OF COUNTY C~Iff[dI~$$IONERS
CITY OF SEBASTIAN
ITY CLERK;
flRll 17
Ruth M. Stanbridge
District 2
Kenneth R. Macht
District 3
John W. Tippin
District 4
October 3, 2000
Ms. Sally Maio
Deputy City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Sally:
During today's meeting, the Board of 'County Commissioners amended Resolution
91-93 relieving current members of the Indian River County Emergency Services
District Advisory Committee (ESDAC) of their duties.
In view of'the above amendment, it will require that the City Council appoint a
member for representation On this Committee.
Please notify this office in writing when the appointment has been confirmed.
Thank you very. much.
Sincerely yours,
Fran B. Adams
Chairman
Board of. County Commissioners
FBA/vp
1840 25'h Street, Suite N-i$8
Veto Beach, FL 32960-3365
Telephone: (561)567-8000 X490 Fax: (561)770-5334
Suncom: 224-1490 e-maih kmassung@bcc.co, indian-river.fl, us
RESOLUTION 2000- 1 24
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER ~'
COUNTY, FLORIDA, RESTRUCTURING THE
INDIAN RIVER COUNTY EMERGENCY
SERVICES DISTRICT ADVISORY
COMMITTEE, AMENDING RESOLUTION 91-
93, RELIEVING CURRENT MEMBERS OF THE
INDIAN RIVER COUNTY EMERGENCY
SERVICES DISTRICT ADVISORY COMMITTEE
OF THEIR DUTIES, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 103 of The. Code of Indian River County (Ordinance 90-20)
provides for the establishment of advisory boards; and
WHEREAS, by Resolution 91-93 the Board of County Commissioners created the
Indian River County Emergency Services District Advisory Committee; and
WHEREAS, it is the will of the Board of County Commissioners to amend the
composition of the indian River County Emergency Services District Advisory Committee,
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Indian River County, Florida, as follows:
1. Paragraph 1 of Resolution 91-93 of the Board of County Commissioners of
Indian River County is hereby amended to read as follows:
There is hereby created an Emergency Services District
Advisory Committee to be composed often (10) members with
membership and the initial terms of office as follows:
One member of the Board of County Commissioners
selected by the Board of County Commissioners for a term
which is coterminous with his/her present term on the Board of
County Commissioners, who shall serve as chairman of the
Emergency Services District Advisory Committee;
Five members, each one appointed respectively by a
member of the Board of County Commissioners for initial terms
of four (4) years, such appointments being announced at a
RESOLUTION NO. 2000-124
meeting or meetings of the Board of County Commissioners;
Four members, each one appointed respectively by the
city councils of the City of Fellsmere, the Town of Orchqd, the
City of Sebastian, and the City of Vero Beach, for initial terms
of two (2) years.
Following the initial terms, all members' terms, except
that of the member of the Board of County Commissioners,
whose term shall be coterminous with his/her term on the
Board of County Commissioners, shall be four (4) years.
2. Paragraph 4 of Resolution 91-93 is hereby amended to read as follows:
The Indian River County Emergency Services District
Advisory Committee shall be governed by such laws,
ordinances, and resolutions, that govern such advisory boards.
3. This resolution shall become effective upon the adoption thereof bythe Board
of County Commissioners. Current members of the Indian River County Emergency
Services District Advisory Committee shall be relieved of their duties as members thereof,
effective at such time as the reconstituted Emergency Services District Advisory Committee
holds its first meeting, without further action of the Board of County Commissioners to
discharge them.
The resolution was moved for adoption by Commissioner
and the motion was seconded by Commissioner
being putto a vote, the vote was as follows:
Chairman Fran B. Adams
Vice Chairman Caroline D. Ginn
Commissioner John W. Tippin
Commissioner Kenneth R. Macht
Commissioner Ruth Stanbridge
2
Stanbridqe
Aye
Absent
Aye
Aye
Aye
Ti p4qi n ,
, and, upon
RESOLUTION NO. 2000-~24 ~
The Chairman thereupon declared the resolution duly passed and adopted this 3 r d
day of 0 c t,_o b e r ,2000.
Attest: J.K. Barton, Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Fran B. Adams
Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
COUNTY ATTORNEy "
3
EMERGENCX SI~RVICES DISTRICT ADVISORY COMMITTEE: (indian River County)
~urrent Member: Walter Barnes
Alternate: Ed Majcher
Purpose: '92 IRC referendum consolidated emergency services * advisory
History:
3/25/92
4/6/94
4/12/95
3/27/96
3/26/97
3/25/98
3/24/99
3/22/00
- Lonnie Powell appointed member
- Norma Damp appointed member
- Arthur Firlion appointed alternate
- Arthur Firlion appointed member
- Norma Damp appointed alternate
- Richard Taracka appointed member
- Norma Damp appointed alternate
- Richard Taracka reappointed member
- Louise Cartwright appointed alternate
- Martha Wininger appointed member
- Louise Cartwright alternate membership continued
- Martha Wininger reappointed member
- Ed Majcher appointed alternate
- Walter Barnes appointed member
- Ed Majcher appointed alternate
Secretary: Vicki Phillips, IRC Commission Office
Location:
County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1st FI Conf Rm
Time:
3 or 4 Times Per Year
4
S£B Ls
DRAFT
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAy, OCTOBER 11, 2000 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain Frank Camillo and them was a moment of silence in
memory of City Clerk, Kathryn O'Halloran.
ROLL CALl.
City Coungil Present;
Mayor Walter Barnes
Vice Mayor Ben A. Bishop
Mr. Joe Barczyk
Mr. Edward J. Majcher, Jr.
Mr. James Hill
St~f~ Present:
City Manager, Terrence Moore
City Attorney, Rich Stdnger
Finance Director, Mark Mason
Police Chief, Randy White
Public Works Director, Terry Hill
Public Works Superintendent, Chris McCarthy
Golf Course Director, Greg Gardner
Deputy City Clerk, Sally Maio
Administrative Assistant, Joanne Sandberg
Regular City Council Meeting
October 11,2000
Page Two
00.218
00.219
00.220
DRAFT
AGENDA lylODJFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R-99-21)
The City Manager distributed a memo regarding an additional clock tower location recommendation. (See
attached)
PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRI~SENTATIONS
A. Presentation of Certificate of Ar)preciation to Thomas Cecrle - Former ConBtrucflon I~oard Member
Mayor Barnes read the certificate of appreciation for Thomas Cecrle, however, Mr. Cecrle was not
in attendance.
B. Presentation of Check to City of Sebastian bY Alice Russell. Sebastian River Art Club for
Riverview Park Benches
Alice Russell, Sebastian River Art Club presented a check in the amount of $500 to Mayor Barnes
for Riverview Park benches and restroom improvements.
C. Florida City Government Week - October 22-28, 2000
Mayor Barnes read the Florida City Government Week proclamation and noted it will be posted in
City Hall.
CITY ATTORNEY MATTER.~
A. Rolf Zurstmssen Claim Aaainst the City (No Backup.)
The City Attorney reported on Mr, Zurstrassen's request to split the cost of installation of a culvert pipe,
which was approved by a prior council, and developed into a dispute over an indemnification clause and a
suit against the city. He stated that Mr. Zurstrassen has installed the pipe, advised that there is a pending
claim, and that Mr. Zurstrassen has agreed to settle the claim for $5,000.
Ed ??, addressed Council on the matter.
The City Attorney advised that it was not necessary to act on this tonight, and it was the consensus of
Council to wait for further backup.
The City Attorney reported on outstanding riverfront assessments, and requested authorization to begin
foreclosure procedures. It was the consensus of Council that he begin.
The City Attorney reported on the current code relative to vehicles for hire, and sought Council direction to
amend the code so that it applies to taxis only. it was the consensus of Council that he proceed.
_CITY MANAGER MATTERS
The City Manager reported on citizen inquiries relative to required removal of vegetation at the new Publix;
addressed citizen concerns regarding delivery of the Sebastian Sun, noting that this is a pdvate matter
between the property owner and the newspaper and since the paper includes news the City cannot ask that
it be stopped; announced that Human Resources Director, Rich Samolewicz has been awarded Chapter
President of the Year 2000 by the Society for Human Resources Management.
Regular City Council Meeting
October 11,2000
Page Three
D AFT
00.22~
10.
11.
CITY CLERK MA.'['I'ERS
None,
CITY COUNCIL MA'I-rERS
A. Mr. Barczyk
Reported on citizen calls regarding water assessments and announced a public information
meeting on the County water expansion program on Thursday, October 12 at the North County
Library.
B. Mr. Hill
None.
C. Mr. Majcher
· Discussed phone calls regarding needed restroom improvements at Riverview Park
D. [Vlayor Barnes
· Announced the recycling center locations for old phone books
· Discussed Capital Sanitation service problems, and said he was asked that he announce
that they won't collect if customers' bills are not paid
· Congratulated the Police Department on its clearance rate as reported in today's
newspaper
E. Vice_Mayor Bishop
· Concurred that staff should look into restrooms at Riverview Park and the City Manager
said it will be done
Mr. Barczyk asked that the Community Center be included
CONSENT AGt~NDA
All items on the consent agenda are considered routine and will be enacted by one motion. There wSI be no separate discussion
of consent agenda items unless a member of City CouncJ so requests; in which event, the item wSI be removed and acted upon
separately,
A. Approval of Minutes - 9/26/00 Special Meeting, 9/27/00 Regular Meeting
B. Resolution I~o. R-00-58 - Establish 401 Retirement Plan with IC.M_A Retirement (~orpora~_oo_
(Finance Director Transmittal, R-99-58, Agreement, Finance/Human Resources Memo)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO
PENSIONS, ESTABLISHING A MONEY PURCHASE RETIREMENT PLAN WITH THE ICMA RETIREMENT
CORPORATION, PROVIDING FOR AN EXECUTION OF A DECLARATION OF TRUST OF THE iCMA
RETIREMENT TRUST, DESIGNATION OF CiTY TO SERVE AS TRUSTEE, AND DESIGNATION OF THE
DIRECTOR OF FINANCE TO SERVE AS COORDINATOR AND SIGNATORY ON ALL DOCUMENTS
NECESSARY TO ADMINISTER THE TRUST; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
3
DRAFT
Regular City Council Meeting
October 11,2000
Page Four
00.222 C.
Waive Bidding Procedure and Authorize City Manager to Execute Agreement with Clark Sales
Display, Inc. for Installation and Removal of Holiday Lighting Display Along U.S. 1 and Indian River
Drive in the Amount of $8,560 (City Manager Transmittal)
00.223 D.
Wolff Wedding - Request for Community Center - 11/4/00 - 4 pm to 9 pm - A/B - 125 Attendees
Requires Officer- Security Paid - Age Verified (City Clerk Transmittal, Application)
00.224 E.
Authorize Sebastian Panthers to Conduct Fundraising Event at Barber Street Sports Complex on
10/13/00 through 10/15/00 (Public Works Transmittal 10/5/00, Panthers Letter)
The City Manager read the consent agenda and the City Attorney read Resolution No. R-00-58 by
title.
Mr. Hill removed item B.
MOTION by Bishop/Hill
"1 move to approve consent agenda items A, C, D and E."
ROLL CALL:
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
MOTION CARRIED 5-0
The City Manager reported there will be no additional cost.
MOTION by Hill/Barczyk
"1 move to approve consent agenda item B."
ROLL CALL:
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
MOTION CARRIED 5-0
12, PUBLIC HEARING
00.203 A.
Ordinance No. O-00-21 - ~,[~andonirtg Easement Across American Legion (City_Attorney
Transmittal. 0-00-21]
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING
INGRESS/EGRESS EASEMENT FROM AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR
CONFLICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Regular City Council Meeting
October 11,2000
Page Five
D AFT
Mayor Barnes opened the public hearing at 7:35 p.m., and the City Attorney read Ordinance No.
O-00-21 by title. There being no input Mayor Barnes closed the hearing.
MOTION by Hill/Bishop
~1 move to adopt Ordinance O-00-21 ."
ROLL CALL:
Mr. Barczyk - aye
Mr, Majcher - aye
Mr, Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
00.156
B. ~)r~i[~ance No. 0-00-22 - Parking in Right-of-Way (Cib, Attorney Transmittal. 0-0_(~-2~)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER
98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Barnes opened the public hearing at 7:37 p.m., and the City Attorney read Ordinance No.
0-00-22 by title and explained its provisions.
The following amendments were recommended by the City Attorney and Chief of Police:
98-36 (d) add provision prohibiting parking on sidewalks
98-35 (3) add "of occupancy"
98-33 (1) add ~vith a time limit of 24 hours'
Bernard Janssen, 374 Main Street, Sebastian, reported he had received a $25 ticket for parking his
vehicle in the swale with a "for sale" sign.
TAPE I- SIDE II (7:45 p.m.)
Sal Neglia, Sebastian, said he believed Council was moving in the right direction.
Rick Zilnicki, lawn service owner, discussed concerns regarding provisions of the ordinance which
prohibit parking service vehicles on major thoroughfares. Following some discussion, Mayor
Barnes suggested he meet with staff members to review that provision for a better solution.
? Kirby, 502 Biscayne Lane, Sebastian, questioned how the rule applies to garage sales.
The City Manager said a pamphlet will be delivered to all residents if the ordinance is adopted.
Alan Graham, Barber Street, Sebastian, also expressed concern about the service vehicle
prohibition. It was suggested he join the aforementioned meeting.
The City Attorney said it was possible that not all streets cited in the ordinance ara appropriate.
Mayor Barnes closed the hearing at 8:08 p.m.
5
Regular City Council Meeting
October 11,2000
Page Six
DRAFT
MOTION by Hill/Bishop
"1 move to adopt Ordinance O-00-22 with the three author's amendments, with the idea
that it will be further amended likely to accommodate commercial vehicles on the road,"
it was suggested that perhaps there should be a grace period when changes to the code like this
are made; and to accommodate the meeting with service owners, the effective date of the
ordinance be moved up.
The City Attorney advised that Mr. Hill would like to amend his motion to add after "except" 'that
after January 1,2001 ,' be added to 98-34, first paragraph, and Mr. Bishop concurred with the
amendment.
The City Attorney advised that maintenance of the right-of-way is the City's responsibility.
City Council discussion continued.
It was the consensus of Council to give a grace period on shoulder/swale parking.
Alita Hirshfeld, asked if the ordinance applies to police vehicles and she was advised It did if they
were not in an emergency.
ROLL CALL:
Mr. Majcher - aye
Mr, Hill - aye
Mayor Barnes - aye
Mr, Bishop - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
00.217
Ordinel3~:e No. O-00-23 - Abandonr~ent of Right-of-Way Portions of Capro[la Street. Cherry CovrlL
Archer Street. and Girard Avenue (City~ttomey Transmittal. 0-00-23)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING PORTION OF RIGHT-
OF-WAY WITHIN SEBASTIAN HIGHLANDS UNIT 17 FOR CAPRONA STREET, CHERRY COURT, ARCHER STREET, AND
GIRARD AVENUE; PROViDiNG FOR CONFLICT; PROViDING FOR SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE
DATE,
Mayor Barnes opened the public hearing at 8:26 p.m,, and the City Attorney read Ordinance No.
0-00-23 by title. Being no input, Mayor Barnes closed the hearing.
MOTION by Majcher/Hill
"1 move to adopt Ordinance 0-00-23."
ROLL CALL:
MOTION CARRIED 5-0
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
Mr, Majcher - aye
Regular City Council Meeting
October 11,2000
Page Seven
13.
INTRODUCTION OF NEW BUSJNI~SS FROM THE PUBLIC
Item that has occurred or was c~'scovered within the previous six months which Is not othen44se on the agenda - sign-up
required- jrnit of ten minutes for each speaker
Tut Connelly, Sebastian, expressed concern about the placement of a bench in front of the Kroegel statue.
TAPE II - SIDE I (8:28 p.m.)
Mayor Barnes called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m. All members were
present.
14. CQI[VlMI'I-rEE REPORTS/RF=CQlYlMENDATIONS
O0.200A
Construction Board
1. Interview. Unless Waived, and Apppint Applicant to Vacant Po[sition (CY(y Clerk Transmittal,
One Application, Member Li~t. Ad.)
City Council interviewed Andrew AIIocco. Mr. AIIocco submitted a letter to City Council regarding a
City Manager memo to the Construction Board advising that they not request credit reports on
contractor licensing applicants. (See attached)
The City Manager responded that his memo contains the City Attorney's opinion that credit reports
can not legally be required. The City Attorney further elaborated on his opinion.
MOTION by Bishop/Barczyk
"1'11 make a motion to reappoint Andrew AIIocco to the Engineer position term to expire
9/30/2003."
ROLL CALL:
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
MOTION CARRIED 5-0
00.113
75th Anniversary Committee
1. Consider Recommendation Re:Art Sh..gw/Street Celebration (City Manager Transmittal,
Management Team MJnutes)
2. Consider Recpm.rnendation Re: Millennium Clock Tower Location (City Mapager
Transmittal, 10/5/00 Memo)
Ray Coniglio, Carnation Drive, Sebastian, suggested a photographer be commissioned to take a
photo of citizens of Sebastian dudng the street party and that it be placed in the time capsule, and
that when paver blocks are sold, the people buying them could vote on where to place the clock.
Alice Russell, said she hoped the corner of Main Street and U.S. 1 in front of the Historical Society
is considered for the clock location.
Sal Neglia, Sebastian, asked why the boat ramp is being closed for two days; and suggested that a
clock location be considered during the charrette process.
Regular City Council Meeting
October 11,2000
Page Eight
D AFT
The City Manager said the process can begin to promote sale of the brick pavers at this time,
allowing purchasers to vote on location, and then the location can be finalized during the charrette
process on U.S. 1/Indian River Ddve in March.
Discussion took place on closing the Yacht Club ramp and boat trailer parking.
Mrs. Russell said the Sebastian River Art Club show will take place in the park area adjacent to
U.S. 1 and the two events can be combined.
MOTION by Hill/Majcher
~1 would move to allow the celebration to be held on December 16 and 17, 2000, closing
Indian River Drive from Harrison Street to south of the Good Guys property, closing the Yacht Club
ramp for two days, having a foot parade, using the west side of Good Guys property for parking,
starting the parade on Sunday so that it will culminate with the burying of the time capsule at 5 p.m.
in the area of the Kroegel statue."
ROLL CALL:
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher -aye
Mr. Hill - aye
Mayor Barnes - aye
MOTION CARRIED 5-0
15. OLD BUSINESS - None
16. NEW BUSINESS
Resolutio~ ~Jg._R-00-4_3 - Adoption of New City Seal_and~.~)go and Establish Value qf ponation
(Finance Director Transmittel, ~,00-43)
a RESOLUTION OF THE CITY Of SEBASTIAN, FLORIDA, ADOPTING A NEW CITY SEAL AND LOGO;
ESTABLISHING DONATION VALUE FOR COPYRIGHT; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-00-43 by title.
MOTION by Bishop/Bamzyk
"1'11 move to adopt Resolution No. R~00-43."
ROLL CALL:
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
Regular City Council Meeting
October 11,2000
Page Nine
00.225 B.
DRAFT
[Resolutiop No. R-00-57- Amending C_ity'sJnvestment Policy {Finance Transmittal 10/4/00, R-00-
57 w/A. tteched Investment Policy, FLC Letter. Cba~)ter 2000-264)
a RESOLUTION Of THE CiTY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY'S
INVESTMENT POLICY PURSUANT TO LEGISLATIVE AMENDMENTS OF SECTION 218.415, FLORIDA
STATUTES; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No, R-00-57 by title.
MOTION by Barczyk/Bishop
"1 move to adopt Resolution R-00-57 adopting an investment policy as amended pursuant
to City code Section 2-111 and Chapter 2000-264 Laws of Florida."
ROLL CALL:
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
00.226 C.
AuthQrize Pur~:l~ase of Remaining Inventory and DJ_splay~nits at Golf (~gp[~e from Pat Cerjan in
the Amount of $33.4D4~53 (Finance Directo~ Transmittal, Cerjan Contract Pages 4-6)
MOTION by Majcher/Bishop
"1 move to authorize the purchase of the remaining inventory and display units at the Golf
Course from Cerjan for $33,404.53."
ROLL CALL:
Mr. Hill ~ aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
00.227 D.
Authorize Purchase of SevenJ=ord Crown Victoria Pursqit petrol Equipped Vehicles Pursuant to
FSAJFAC Bid~00-08-0905 at a Total (;ost of $163.108 (Police Transrni#aL Purchase R~.guisition.
State Bid Spec #1}
Chief White briefly addressed City Council in response to questions about the vendor and phasing
the purchase.
MOTION by Bishop/Majcher
"1'11 move to authorize the City Manager to purchase seven Ford Crown Victoda Pursue
Patrol Cars, as specified and equipped in the attached documentation, pursuant to FSA/FAC bid #
00-08-0905, terms and conditions, at a cost of $163,108."
Regular City Council Meeting
October 11,2000
Page Ten
00.228 E.
00.229 F.
00.230 G.
ROLL CALL:
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
MOTION CARRIED 5-0
Approve purchase of Two EightFoot Utility I~eds from Transtc_t Equipment Inc,_for ~. Total of
~;{~.196 (Pubic Works Trans[nittal. Wrftten Quote.)
MOTION by Majcher/Barczyk
~1 move to approve the purchase of 8 foot utility beds fromTranstat Equipment Inc. in the
amount of $6,196."
ROLL CALL:
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
MOTION CARRIED 5-0
Authorize City lylanager to Execqte Phase I (CR 5!;~ Charette) and Phe~e II (Indian River D~ve/U$
1 Corridor Cha_rrette) Agreements Between City of Sebastian and TmasBre Coast Regional
.Planning Coup~il to Provide Professional Urban Desiqn_and Town Plannipq Services in the Amount
_of $15,000 Each (City Manager Transmittal 10/4/00, Aoreetnents)
The City Manager announced a kick-off on November 3rd at the North County Library and briefly
described the charrette process.
MOTION by Majcher/Barczyk
"1 move to authorize the City Manager to execute the Phase I (County Road 512 Charrette)
and Phase II (Indian River Drive and US #1 Corridor Charrette) Agreements between the City of
Sebastian and the Treasure Coast Regional Planning Council to provide professional urban design
and town planning services in the amount of $15,000 for Phase I and $15,000 for Phase I1."
ROLL CALL:
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
AuthoriT, e CitYManager to ExeqBte IRenegotiated Mu_nLciDal Airport Leases with A &J~ Leasing
Enterprises, Inq, ((;Iba Velocity Aircraff~ (CiO/Attorney Transmittal. 2 Leases)
The City Manager briefly described the renegotiated lease agreements.
]0
DRAFT
00.23'1
17.
MOTION by Hill/Majcher
"1 move to authorize the City Manager to execute the two renegotiated airport leases with
A & B Leasing Ent., Inc."
ROLL CALL:
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
_CLty Clerk/~opoin~.rnenl; (City Manager Transmittal
Mayor Barnes opened for discussion the appointment of Deputy City Clerk, Sally Maio as City
Clerk, and City Council discussion followed.
The City Attorney advised that a contract can be drafted and brought back for approval by Council,
retroactive to this date.
MOTION by Barnes/Bishop
"1'11 make a motion to appoint Sally Maio as the new City Clerk of the City of Sebastian
effective today."
ROLL CALL:
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:45 p.m.
Approved at the
,2000 Regular City Council Meeting.
Walter Barnes
Mayor
Sally A. Maio
City Clerk
]]
Subject: Resolution No. R-00-59
Vacation of Easement - Scott
Lot 12, Block 447,
Sebastian Highlands Unit 17
City of Sebastian, Florida
Agenda No. ~ -~ 5~..
Department Origin: Growth Manag,e~ncnt
Date Submitted: 10-18-00 ~~TH)
For Agenda of: 10-25-00
Exhibits: 1) R-00-59 2) Application
EXPENDITURE
REQUIRED: None
3) Site Map
AMOUNT BUDGETED:
None
4) StaffReport 5) Utility Letters
APPROPRIATION
REQUIRED: None
SUMMARY
This is a request for vacation of three (3) feet of the rear twenty (20) feet public utility and
drainage easemem located on Lot 12, Block 447, Sebastian Highlands Unit 17. The applicant
wishes to construct a swimming pool and screen enclosure in this area. All utilities have
recommended approval of this request.
Adopt Resolution No. R-00-59.
RECOMMENDED ACTION
RESOLUTION NO. R-00-59
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER
COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT OVER LOT
12, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDiNG;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, a building permit is sought for construction of a swimming pool and screen
enclosure on Lot 12, Block 447, Sebastian Highlands Unit 17 within the City of Sebastian; and
WItEREAS, the owner of the land upon which said improvements shall be built has filed
a request for abandonment of a portion of the rear public utility and drainage easement of the
site; and
WItEREAS, the providers of telephone, electric, cable, water, and drainage utilities have
all consented to abandonment thereof;
NOW TItEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT. The City Council of the City of
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The easternmost three (3) feet of the westernmost twenty (20) feet of Lot 12, Block 447,
Sebastian Highlands Unit 17, less the northernmost six (6) feet and the southernmost six
(6) feet thereof, as recorded in Plat Book 8, Pages 46 - 46P, of the Public Records of
Indian River County, Florida.
all located within the City of Sebastian, Indian River County, Florida.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. RECORDING. This
records of Indian Kiver County, Florida.
Section 4. EFFECTIVE DATE.
immediately upon its adoption.
The foregoing Resolution was
The motion was
resolution shall be recorded in the public
This resolution shall take effect
moved for adoption
seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this
,2000.
by Councilmember
CITY OF SEBATIAN, FLORIDA
day of
ATTEST:
By:
Walter Barnes, Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich~~c~]'nger, C/~tY ~ e~~y'
City of Sebastian
Development Order Application
~Applicant {If not owner, written authoriza~'on (notarized) f~om owner is recluinld)
Name:
~ERO. N .:HOMES :'INC
PQ"BO,~',.,:7,.8~t874,.~ .... SEBASTI:'_A'N FL 32978-0874
Ph°neNumbec'(561 ) 589 ' 1299 FAZNumbe~. (561)589
E. Mail:
1304
-Owner(Ifdiffemrtt~om applicatrt)
Name:
CLYDE g ALINE SCOTT
'Addmss:
127 NEBRASKA CR SEBASTIAN FL 32958
P~one Numbe~ ( ) ~AX ~umbe~ (
863 696 9364
"E-Mail:
Type of p~rmit ~r acticn requested: -"
VARIANCE FOR 3' OF EASEMENT IN BACK YARD
PLEA$~ COMPLETE ONLY THOSE SEC'r!ON8 9VH~CN ARE NECES&AR*t' FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, 8URV~fS, DRAWINGS, ETC. SHALL BE ATTACHED AND ~1/2' 8Y 11" COPIES OF A~rt' ATTACHMENTS
SNALL BE INCLUDEEL ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project's Name (if applicable):
a. Site Information
127 NEBRASKA CR
L~t: Block: Unit; $'utxllvtslo n:
12 447 17
Indian River County Parcel ~.
19-31-39-00001-4470-00012.0
Zoning Classification: - Futur~ La-nd Use:
SEBASTIAN HIGHLAND~
RS-10 . SINGLE FAMILY RESIDENCE
Existing Use: Proposed U~se:
VACANT LAND~, HOUSE UNDER CONSTRUCTION ' SINGLE FAMILY RESIDENCE _
C, Description of proposed activity and purpose ~¢~e requested permit ar a~J(~n (attach extra sheets if
necessary):_ HOME IS PRESENTLY UNDER CONSTRUCTION. OWNER WOULD LIKE AN INGROUND
I'
POOL_ WITH DECK AND sCREEN. WE NEED 3' OF THE ~' EASEMENT IN ORDER TO INSTALL,'POIL
DATE RECEIVED: F~ PAID: $ /~:~d_2 .-C_.D(-.) RECEIVED BY:~,~
/~nreved: 0~1/27/97 Reviaian: } File, Name; Daa
-D. Pr~ect Personnel: ·
Agent:
Name:
AME~ON ~O~ES
PO BOX 780874 SEBASTIAN
Pl~°neN~u'~l=er:' ( 561 ) 589 ' 1299
E-Mail:
FL 32978-0874
FAX Number,
( 561 ) 589
'1304
Attorney:
Name:
P-h"~3he Number, (
Engineer:
Name:
Adc~ress
) FAX Numbe~ C ] -
Phone Number. ( ) - FAX Numbe~, ( ) -
E. Mail:
Surv~or:
Name: DANIEL W TALBOTT, V PROFESSIONAL LAND SURVEYOR & MAPPER
Adciress '
956 22nd AV' VER0 BEACH FL' 32960
P~on~l~urfber:. (56~') 569 8884 FAX Number:. ( )
E-Mail:
I, DANIEL J BROGNANO B~IN(3FII~STDULYSWORN, 13F, POS~.ANO,~AYTNAT: I AMTHEOWNER X×I
AM THE LEGAL REPRESENTATrVE OF THE OWNER OF THE PROPERTY DESCRIBED WHION I$ THE ,SU~JF..C.T MA'I-I'F.R OF THI~
APlaLJ~ON, ANO THAT ALL THE INFORMAT[QN, MAPS, DATA, AND/OR $1,(~I'CHE$ ~R{3VIOEO IN THIS APlaMCAT~ON ARE
':' ', ~vin~ Micheile Bor~ley
~ To ~ suasc~a~ sEFO~ ~ ~Y DANI EL J BROGNAN0
~: ~= Februa~ 3, 2002
WHO ~ P~ONA~ ~OWN TO ~E 0~ P~COU~O PERSONALLY KNOWN
A.,~ IDENTIF[C~ON, THIS
NOTARY'$ $ k~IATURE
PRINTED NAME OF NOTARY
COMMISSION NO.JE. XPII~rZON
SF, AL:
FFOnW CD-2OO'I
A~ved:
o~¥ o~_A,UGL($~T/~ ,_ , ~000
I RevisJ~: Page
- I File
The following is required for all comprehensive Plan amendments$ zoning amendment
(including rezoning), site plans~ conditional ~e pe~i~, special use pemi~, valances,
ex~ptions, and appeals.
[J~/E, ~ THE OWNER(S) ,,X,, THE LEGAl. REFRESENT^'tlVE O1= THE OWNER OF THE PROPERTY DESCRIBED WNTCN I$ ~'~E
SUBJECT OF THIS APPLICATION, HEP, F_.BY A[,q'HORIT. F. ~AC, H AND EVERY MEMBER OF THE
AND VIb'VV THE PROPEi~TY I1~ OCNNE~:TION WiTH b~Y/OUI~ PENDING APpiJOATION.
I./VVE HEI~EaY WANE ANY O~JEG~3ON OE DEFENSE ~ ~ ~, DUE ~O ~E QUASI-JUDICIAL NACRE OF ~E
~ROCEEDtNG$. EES~L~NG FROM ANY ~OAED/CQ~J~ION M~BER ~R~NG OK VI~NG THE PEO~R~, INCLUDING ANY
C~JM ~ ~aER~ON ~AT ~/OUR PROC~U~L OR SU~$TAN~ DUE PROCESS R1G~$ UNO~ ~E FLORIOA
CONS~U~ON OR ~E UNIT~ STA~S CONS~ON WE~ ~O~D aY SUCH E~ING OR ~.
THIS W~.~VER) ANO CON$~=NT IS B~'ING SIGNED ~ M~U5 VOLUNTARILY AND NOT AS A R~ULT OF A~ ~ERCIQN APPUED, OR
P~QM~ ~DE, BY A~ ~P~C~E, AG~; CON~TOR OR C~lC~gF THE C~ OF ~E~A~N.
S~u~ D~'EL J ~NAN~ DATE
DANIEL J BROGNANO
~om to aha su~scdb~ before me ~y
who ~ ~monally kno~ to me or pmdu~- PERSOnaL LY KNO~
asident~tion,~~day~f AUGUST ,~00 ~~
Pdnt~ Name of Nota~ R ' LL 4F L ~
Comml~Ion No~pimtion ~ ~og q ~ ~ -5 -c~ ~
$eah
· ' v,, Ravina MichelJe Barkley
:-. :~ MY COMMISSION # C¢808935 EXPII~ES
· Februory 3, 2002
BONDED ~RU TROY FAiN INSU~ I~
~ Re yf~,ien: Page 3 =f 3 f Develeprn~nt Application
· Parrnit Ap=lication No.
Supplemental Information
Easements, vacation of
Oescribe the easement to be vacated (provide a legal description, if possible):
WE NEED 3' OF THE 20'. EASEMENT IN THE REAR OF THE PROPERTY
Why is this vacation of an easement being request?.
TO INSTALL AN INGROUN~ POOL WITH DECK AhtD SCREEN ENCLOSURE
Attach a survey showing the location cf the property lines, all easem, ents and all
structures on the property.
.4p~roYe~: ~7/'g7 RevL~r~n:
P~le l~me~ $~ ieesev r
ABANDONMENT OF EASEMENT
Staff Report
Project Name: Property of Clyde & Aline Scott
Requested Action: Abandonment of the public utility and drainage easement located on
the west three (3) feet of the east twenty (20) feet of Lot 12, Block 447, Sebastian
Highlands Unit 17, less the north six (6) feet and the south six (6) feet thereof.
Project Location:
a. Address:
b. Legal:
Project Owner:
a. Name:
· b. Address:
Project Agent:
a. Name:
b. Address:
127 Nebraska Circle
Lot 12, Block 447, Sebastian Highlands Unit 17
Clyde & Aline Scott
127 Nebraska Circle
Sebastian, FL 32958
Daniel J. Brognano
Ameron Homes, Inc.
P. O. Box 780874
Sebastian, FL 32978
Project Description:
a. Narrative of proposed action: Applicant wishes to abandon the west three (3) feet
of the east twenty (20) foot public utility and drainage easement on Lot 12, Block 447,
Sebastian Highlands Unit 17, in order to construct a swimming pool and deck
b. Zoning: RS-10
c. Future Land Use: LDR
d. Existing Land Use: House under construction
Utilities Comments:
a. Florida Power & Light:
b. Southern Bell:
c. Charter Communications:
d. Indian River County Utilities:
e. City Engineer (drainage):
Growth Management Director Comments:
Staff Recommendation:
approved
approved
approved
approved
approved
none
Approve Resolution R-00-59.
Date
REOUEST_FOR_ABA~. DON .M:ENT OF EASEM. ENT
August 29, 2000
Description of Ease.merit to be abandoned; The publio utilily md ~;.~ag= eas~rrncnt lo~t~ o~
~e w~st ~ (~) fe~: of~e ~ast twen~ (20) lea of Lot I2, Block ~1, Seb~ti~ 12~
Highl~ds Unit 17, less the no~ six (6) feet ~d ~e sou~ six (6) f~=t ~e~of.
UTILITY:
APPROVED/DENIED
COMMI~NTS:
Pedro Rubiera, FP & L FAX NO: (561) 489-61166
DENIED'. DATI~: ~j ~
Return to:
Jan King, CiW of Sebastian, Growth Mana&ement Department
Fax No. (561) 589-2566.
INDIAN RIUER NETWORK ~ 5615892566
BELLSOUTH
Ball~ouff~ 'fil,communi~atians,
Rfl~m
Fart Pierce, FI. 34947-4552
561 46S-g670
Fax 561 460-4705
SepTcmb~ g, 2000
Jan King
City of $cbasti~m
Growth Managgrnent Deparmumt
Fax No. (,~61) 5Eg.2.~6G
RE; R~uc~ for Abandonment of Eascm~l
Lol 12, BIo~ ~7, $~nsfi~m Highl~ds
De~ ~ King:
Pgr your t~uest dn~ S~emb~ 1, 2000, BellSou~
e~ent as d~cfibed h~em:
Th~: west three-fcc! of thc cas! 20-f~et of Lot 12, Block 447, Seba~ml Highlands unit 17, less thc norl,h six-
We ha,~e no fi~cilities within tiffs portion of ~aid utility
For fi~rthcr assistance, pleurae comact Kick Walk~ at (5~ 1) 567-5121.
Gcncml Mtmagcr
Growth Man~raen~ D~artm~xt
PAGE
09/06/2000 07:48 5.6..17705._1_4_3~ ................ IRC UTILITY r~u,-~1~ ~, 1
City of Sebastian .
1225 MAIN STREET [] ~EBASTIAN, FLORIDA 329~$
TELEPHONE (561) 589-55....37 ~ FAX (561) 5~9-2566
Au~st 29. 2000 '
~escri~flo~ of Easement *~ be aban~nefl: ~e pubic ~i~ ~d ~a~ easement lo--ma on
· e we~ ~ee (3) feet of~e .e~t ~n~ (20) feet of Lot 12. Blook ~7. $~basfi~
Hill.s Unit 17. less ~e no~t ~ (6) feet ~d rite souflt six (6) feet ~e~o~
UTILITY:
APPROVED: "/--
APPROVED/DENIED BY:
COMA4ENT$:
Steve DoyI=, I.R.C. Uttlitte! FAX NO:
k.
Ketum to:
770-5143
DAT~:
Jan Kir~ City of Sebastian,
Fax No. (561) 589-2566,
~owt. l: Management Department
B~D~ DEPT SEB~STI~M
N0,31~
P.1
Ci~ of Sebasfim~
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 329~8
TELEPHONE (fi61) $$9-5537 [] FAX ($6I) 559-2566
REQUEST FOR ABANDONMENT OF EASEMENT
August 29, 2000
Description of Easement to be abandoned: The public utiliV/and drainage easemem located on
the west time (3) feet of the east twenty (20) feet of Lot 12, Block 447, Sebastian
Highlands Unit 17, less the north six (6) feet and the sou~ slx (6) feet thereof.
UTILITY: Ralph Brescia, City Engineer FA.X NO:
APPROVED: ~'~ DENIED:
APPROVED/DENIBD BY:.- <~.~ ~
(signature)
COMMENTS:
DATE:
589-6209
Ketum to:
Jan King, City of Seba~fiari, Growth Mmuagement Department
Fax No. (561) 589-2566.
Subject: Resolution No. R-00-60
Vacation of Easement - Nubi
Lots 10 & 10A, BlOck 229, Sebastian
Highlands' Unit 6
City of Sebastian, Florida
Agenda No.
Department Origin: Growth Man~ag,e~ent
Date Submitted: 10/19/00 ~
Apprstved for Su..bmittal by:
Exhibits: 1) R-00-60 2) Application
EXPENDITURE
REQUIRED: None
For Agenda of: 10/25/00
3) Site Map
AMOUNT BUDGETED:
None
4) Staff Report 5) Utility Letters
APPROPRIATION
REQUIRED: None
SUMMARY
This is a request for a vacation of the public utility and drainage easement located on' the northwest
six (6) feet of Lot 10 and the southeast six (6) feet of Lot 10A, Block 229, Sebastian Highlands
Unit 6, less the southwest ten (10) feet thereof. The applicant wishes to construct a single family
dwelling on a double lot.
Adopt Resolution No. R-00-60.
RECOMMENDED ACTION
RESOLUTION NO. R-00-60
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS
10 AND 10A, BLOCK 229, SEBASTIAN HIGHLANDS UNIT 6;
PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
RECORDING; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, a building permit is sought for construction of a new single-family
residence at 665 Melrose Lane within the City of Sebastian; and
WI-1EREAS, the owner of the land Upon which said improvements shall be built has filed
a request for abandonment of the public utility and drainage easements along the interior lot lines
of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have
all consented to abandonment thereof; ,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT. The City Council of the City of
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The northwestern most six (6) feet of Lot 10 and the southeastern most six (6) feet
of Lot 10A, less the southwestern most ten (10) feet thereof, all being in Block
229, Sebastian Highlands Unit 6, as recorded in Plat Book 5, Page 94, of the
Public Records of Indian River County, Florida,
all located within the City of Sebastian, Indian River County, Florida.
Section 2. cONFLICT.
herewith are hereby repealed.
Section 3. RECORDING.
records of Indian River County, Florida.
Section 4.
upon its adoption.
The foregoing
EFFECTIVE DATE.
Resolution
The motion
All resolutions or parts of resolutions in conflict
This resolution shall be recorded in the public
This resolution shall take effect immediately
was moved for adoption by Councilmember
was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice,Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this
CITY OF SEBATIAN, FLORIDA
,2000.
day of
ATTEST:
By:
Walter Barnes, Mayor
Sally A. Maio, CMC.
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
~fin~ger~XA2yL''/'
Permit Application No.
City of Sebastian
Development order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Address:
Phone Number: (~81) ~-~,~- ~(~,¢.~ FAXNumber: (~_~'~/)~"~c/"
7~ '7 /
E-Mail:
Owner [If different from apDlicant)
Phone Numben, (~,¢) 4& J '
t
Type of permit or action requested: m
PLEASE COMPLETE ONLY THOSE SECTION8 WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL ~P$, SURV~S, ORAWINGS, ~C. SHALL BE A~ACHED AND 81/2" BY 11 ' COPIES OF ANY A~ACHMENTS
SHALL BE INCLUDED. A~ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project's, Name (if applicable):
B. Site Information
Lot: Block: Un~;~
Subdivision: ]
/3 -~ 3 g - oBooj - ~U 9 x~ - Oxpo i 0
Zoning Cla~ifi~tion: Future Land Use:
-C. D~cfiption of proposed a:ivi~ and pu~ose of the ~que~ed pe~R or a:ion (a:ch e~m shee~ if
RECEIVED BY: _,~'~-----
tDevelopment Application
- File Name: Doa
J
Pen'nit Application No.
D. Project Personnel:
Agent:
Name:
Address
Phone Number:. ( )
FAX Number:. ( )
E-Mail:
Attorney:
Name:
Address
Phone Number:. ( )
FAX Number:. ( ) -
E-Mail:
Engineer:
Name:
2>
Address
Phone Number:. (~,,)
E-Mail:
Surveyor:
Name:
Address
Phone Numbec ~,-~ / ) ~,~ '7 - ~22-~.~
E-Mail:
FAXNumbe¢. igc),
JE4 J } 54*6) , BEING FIRSTDUL¥51,NORN, DEPOSEANO SAYTHAT; . J AMTHE OWNER.~J
AM THE LEGAL RI-'PRESENTAT~VE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH IS THE S~BJEOT MAT-r'ER OF THIS
A~P!.JCATION, AND THAT ALL THE INFORMATION~ MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPtlCATION ARE
ACCURATE AND TRUE TQ THE BEST QF MY KNOWLEDGE AND BELIEF.
SWORN TO AND SUBSCRIBEB BEFORI-' ME BY ~( ~/~
WHO IS PERSONALLY .~OWNTO ME OR PROOUCED
AS 'OEN~FIC~ON, THIS ~ DAY OF ~ ¢~
NOTARY'S SiGNA~RE ~ ~
P~IN~D NAME OF NOTARY ~
COMMISSION NO./~PI~TIQN
S~L:
DATE
Aorrn CD.. 200"I
p~roved: 08/27197
J PaEe 2 of 3
J Revision:
TERESA M. FIELER
Notary Public, Sa~ of Florida
~ly comm. ~q~. July 25, 2003
Comm. No. C0857449
Development Application
File Name: Doa
Permi~ Application Ha.
The followin9 is required for all comprehensive plan amendments~ zonin9 amendment
(includin9 rezoning)~ site plans~ conditional use permit~ special use permit$~ variances~
exceptions~ and appeals,
I.A/VE, THE OWNER(S) /THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH I$ THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE C./~'~ ~,~/_.~/~:~ / ~
BOARD/COMMISSION OF THE' CITY OF SEBASTIAN (THE "BOARD'/'COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY
AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I~E HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULT'lNG FROM ANY RQARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE [=LORIDA
CON.~TITUTION OR THE UNITED STATES CONSTITUTION WERE vioLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT I$ BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLO~YEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
,_... ,.~' ,¢,/,] BATE
Swam to and subscribed before me by JE~X)
who is persona_AlLY, known to me or produced
as identification, this ~ day of ~ ~- P
Printed Name of Notary
Commission No./Expiration
Seal:
TERESA M. FIELER
Notary Pul~llc, St~ of Florida
My comm. ex~. Ju~ 25, 2003
Comm, No. CC857449
IForm CD..200'1
Approved: 08/27/97
Pave 3 of 3
Revision:
tDeveloprnent Application
File Name: Doa
Permit Application No.
Supplemental Information
Easements, vacation of
Descdbe the easement to be vacated (provide a legal description, if possible):
Why is this vacation of an easement being request?
Attach a survey showing the location of the property lines, all easements and all
structures on the property..
AFo~, .C~-2009
pproved: 8/27/97'
Page ¢ of ? IVacad°n of Ea~emen~
Revision: File Name: $ieasev
E-×/--I / ,6/"F' .4-
00-249
EASElk, iENT DESCRIPTION
A 6 FOOT WIDE DRAINAGE AND UTILITY EASEN[ENT LYING W]ESTERLY AND
PARALLEL TO THE, COMIVION LOT LINE BEI-~,'E~ LOTS 10-A ~ LOT 10, BLOCK
229, SEBAS~ ~G~S ~ 6, AS ~CO~ED ~ PLAT B~K 5, PAGES 93
T~OUGH 97, OF ~ P~LIC ~CO~S OF ~D~ ~ER CO~Y, FLORA ~
A 6 FOOT ~E D~AOE ~ UT~ ~SE~ L~G ~S~Y ~
PA~~ TO ~ ~S~Y L~ OF LOT l 0, BL~K ~9 OF ~O~S~
SEBAS~ ~G~S ~ 6,
HOLIDAY BUILDERS, INC.
r_~dian £ivek Plvi~ioh
II We, hereby authorize Holiday Builders, Inc. to obtain a FPICA'Ti~ ~ ~-~--~r~it In my /
our behalf, at the described below properly:
OW.ER ¢~ ~ R')~- ~ ~
SITE ADDRESS: ~ ~ ~ ~ ~ Z_/~ 0-~' ~_ ~,4/~-
LOT I PARCEL #: /,.~ - ~ / - 3 ~- r'~ 0 ~ / -'-'
BLOCK: ~'~ SECTION:
~ o00 l/'b, 0
SUBDIVISION:
WITNESS:
I.
STATE OF FLORIDA
COUNTY OF /Z/~/~-/~
SWORN AND SUBSCRIBED TO BEFORE
ME THIS. ~ DAY ~'~°7 ..c~ ~D~
CRC#: 041905
PO Box 2948 12152 $gth Ave.
Veto Beach, Florida 32961
($6t)$;4.2584
CURVE
C I
DELTA ANGLE
90' 00'00"
FOUND~ik~,F~ . O0
NAIL ~
'~/o
LOT II
I VACANT
SET 5/8
& CAP e$90g
RADIUS
25.00'
ARC
3g. 27'
LINE
L I
L 2
24 21
5
TANGENT
25.00'
BEARING
$ '38'10'37'W
S 51'4g'23'E
CHORD CHORD BEARING
35.36' N 06'4g'23'W
DISTANCE
25.00'
25.00'
23.96
5/8'REBAR
CAP e3gOg
3O
31,
IO'U & D
LOT I0
( UNDER
CONSTRUCTION)
PROPOSED'
A/C PAD~
'/LOT iO-A
(VACANT)
MINIMUM
FINISH
ELEV - 18'
'.,,,.~BOVE ROAD
'~g',~..~__O'U x D
LOT 9
BLOCK 229
( VACANT )
DRAWN
CHB
CHECKED
STORY
NCE 23.
24.05
.07
/
8~" FOUND
23.8 , NAIL
, 'X
,g8
25.
LOT IO
~(VACANT)
NAIL
FOUND ~C3~
NAIL ~
SURVEYOR'S NOTES:
I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL
· PARTS THEREOF.
2. THE NORTHERLY LINE OF BLOCK 229 I$ BEARS S 51'°49. 23' E.
'AND ALL OTHER BEARINGS ARE RELATIVE THERETO·
ABANDONMENT OF EASEMENT
Staff Report
Project Name:
Property ofValerie B. Nubi
Requested Action: Abandonment of the public utility and drainage easement located on
the northwest six (6) feet of Lot 10 and the southeast six (6) feet of Lot 10A, Block 229,
Sebastian Highlands Unit 6, less the southwest ten (10) feet thereof.
Project Location:
a. Address: 665 Melrose Lane
b. Legal:
Lots 10 & 10A, Block 229, Sebastian Highlands Unit 6
Project Owner:
a. Name: Valerie B. Nubi
b. Address:
6 Upper Waterloo Cross
Kingston 8, Jamaica W.I.
Project Agent:
a. Name:
Holiday Builders, Inc.
b. Address:
2152 58th Avenue
Vero Beach, FL 32966
Project Description:
a. Narrative'of proposed action: Application has been made for abandonment of the
public utility and drainage easement platted on the northwest six (6) feet of Lot 10 and the
southeast six (6) feet of Lot 10A, Block 229, Sebastian Highlands Unit 6, less the
southwest ten (10) feet thereof. The owner wishes to construct a single family dwelling on
a double lot.
b. Zoning: RS- 10
gu
c. Future Land Use:
d. Existing Land Use:
Utilities Comments:
a.
b.
C.
d.
e.
LDR
Vacmat
Florida Power & Light:
Southern Bell:
Charter Communications:
Indian River County Utilities:
City Engineer (drainage):
Growth Management Director Comments:
Staff Recommendation:
approved
approved
approved
approved
approved
none
Approve Resolution R-00-60
Prepared by
City of Sebastian
1225 MAiN STREET f2 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 12 FAX (561) 589-2566.
REOUEST FOIl ABANDONMENT OF EASEMEN.T
September I4, 2000
DeserLntion of Easement t_o be abandoneg: The public utility and drainage easement Located on
the northwest six (6) feet of Lot 10 a.nd the soutl~east six (6) feet of Lot 10A, Block 229,
Sebastian Highlands Unit 6, less the southwest ten (10) feet thereof.
UTILITY: Pedro Rubiera, FPL
APPROVED: ~"~ DENIED:
APPROVED/DENIED BY: ~r/~ ..~*X.~
"~ (sig~mture)
FAX NO:
(S61) 489-6266
DATE:
COMMENTS:
Return to:
Dorri Boswm'th, City of Sebastian, Growth Management Depmxment
Fax No. (56 I) 589-2566,
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 [] FAX (561) 589-2566
REQUEST FOR ABANDONMENT OF EASEMENT
September 14, 2000
Description of Easement to. be abandoned: The public utility and drainage easement located on
the northwest six (6) feet of Lot 10 and the southeast six (6) feet of Lot 10A, Block 229,
Sebastian Highlands Unit 6, less the southwest ten (10) feet thereof.
UTILITY: Mike Hamp~, Bell South FAX NO: 562-5180
APPROVED: t~ DENIED: DATE: [o//6~/t5~
APPROVED/DENIED BY:
COMMENTS:
· (si~ahature) u
Remm to:
Dorri Bosworth, City of Sebastian, Growth Management Department
Fax No. (561) 589-2566.
from 6615892566 *, cHArTER COMM
Page 1
S~P,15.2000 I:IBPM BLDG ~EPT S[BA~TIAH H0.464
F ECEI VEE
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE ($61) 589-$$37 [] FAX(561) 589-2566
REOUEST FOR AB&ND_ONMENT Of EASEMENT
September 14, 2000
Description of Easement to be abandoned: The public utility and drainage easement located on
the northwest six (6) feet of Lot 10 and the southeast six (6) feet of Lot 10A. Block 229,
Sebastian Highlands Unit 6. less the southwest ten (I0) feet thereof.
UTILITY:
APPROVED/DENIED BY:
COMMENTS:
Steve Doyle, 1.1LC, Utilities FAX NO:
770-5143
Return to:
Dorri Bosworth, City of Seba~fi~, Growth Management Department
Fax No. (561) 589-2566.
City of Sebe~tian
1225 MAIN STREET ~ SEBASTLq. N, FLORIDA 32958
TELEPHON~(561) 589-5537 [3 FAX(561) 589-2566
REQUEST FQB ABANDONMENT OF.EA5 _F~I~ N~
2000
~escriotlon of~ser0ent to be abanctonedl The public utility and drainage e~ement located on
the northwest six (6~ feet &Lot 10 md eke soutl~east six (6) feet of Lot 10A, Block 229,
Sebastian Highl~m~ Unit 6, less the ,ottthwo~l t~ (10) feet thereof.
UTILITY: Ralph Brescia, City Engineer
APPROVED: ~.~ _._.__ DENIED:_._ DATE:
APPROVED/DENTED BY;
Oignature)
FAX NO: 589-6209
COMMENTS:
Dorri Boswo?&, City of Sebastian, Crrowth Managemenl Department
No. (561) ~B9-2566.
City of Sebastian, Florida
Agenda No. ~.
Subject: Final Plat Approval - Acorn Acres
Subdivision
Approved. for Submi~alby:
Ralph 'BresCia, City Engineer
Tracy Bass, Growth Management
Director
Date Submitted: 10/18/00
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED: N/A
For Agenda of:
AVAiLABLE
BUDGET: N/A
SUMMARY
10/25/00
APPROPRIATION
REQUIRED: N/A
The final plat review for Acorn Acres Subdivison has been reviewed and is ready for City
Council approval. The Engineering Department has no questions or comments regarding this plat
and recommends approval as submitted.
RECOMMENDED ACTION
Move to approve the final plat for Acorn Acres and authorize staff to sign and record.
HODS. ~F ~ ~;LAHD
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Authorize Mayor Barnes Attendance at
Flodda League of Cities Local Government
Leadership Class VI
~ for Su. bm~'~'~ City Manager
E-xhibits: F~CLe~or -
Class Curriculum
Chapter 2-Division 3 Code of Ordinances
Agenda No,
Department Origin: City Clerk
Date Submitted: 10/20/00
For Agenda of: _10/25/00
Expenditure Required:
$????(TRAVEL for hotel)
$975 (EDUCATION - tuition)
Amount Budgeted:
$4500 (TRAVEL - $3300
reserved for monthly travel
allowances - $1200 available)
$1200 (EDUCATION)
Appropriation Required:
SUI~M/~RY STATEMEHT
Mayor Barnes has requested attendance at the Florida League of Cities Local Government
Leadership Class VI to be held in Tampa on February 15-17, 2001 and Orlando from April 19-21,
2001. In accordance with Chapter 2-Division 3 of the Code of Ordinances, City Council members
must obtain prior approval from a majority of City Council at a regular meeting for anticipated
travel. Other travel provisions are found in F.S. 112.061.
RECOMMEND.ED ACTION
Authorize Mayor Barnes' travel to Florida League of Cities Local Government Leadership Class
VI in Tampa and Orlando in accordance with Chapter 2-Division 3 of the Code of Ordinances and
F.S. 112.061.
301 South Bronough Street, Suite 300 +
Telephone (850) 222-9684 + Suncom 278-5331
LEAGUE OF CITiES ]NC.
Post Office Box 1757 + Tallahassee, FL 32302-1757
+ Fax (850) 222-3806 + Web site: www.flcities.com
October 5, 2000
The Honorable Walter Barnes
Mayor, City of Sebastian .
1225 Main Street
Sebastian, FL 32958
m
Dear Mayor Barnes:
As a graduate of the League's Advanced Instimt~ for' Elected Municipal Officials, I know you
share the League's commitment to quality trakfipg programs. You are eligible to participate
leadership program in 2001,.and I hope you'll the advantage.of this offer.
In conjUnction with Leadership Florida, the League created a leadership program for local
government officials. You're invited to be part of'Class VI--and I hope you Will!
Local Government Leadership was created five years ago'as an effort to provide leadership
training to city officials. The program includes county and school board officials, in part
because the League works closely with the Florida Association of Counties md the Florida
School Boards Association.
The goal of this traiaing program is to foster statewide leadership in all Florida communities.
'For two weekends, you can join elected city, county and school board officials from around the
state to share common concerns and listen to some of the best leadership speakers in the nation.
You'll be.enlightened through their knowledge of Florida's history, cu/ture and resources; you'll'
be challenged by their discussions of how Florida may govern, itself in the future and you'll leave
the program inspired about leading Florida in the 21~: century.
The weekend programs will nm February 15~17, 2001 in TamPa, 'and April 26-28, 2001 in
Orlando. A welcoming reception is held Thursday evening, with classes' all day Friday, and then
half-day on Saturday. You need to attend both the February and April sessions to graduate. I've
attached a draft outline of the agenda for Class VI and a response form. The deadline to sign up
for Class VI is October 31. Class size is limited, and the program is offered on a first-come,
first-served basis.
President Scott Maddox, Mayor, Tallahassee + First Vice President Scott Black, Mayor, Dado City
Second Vice President Carmela Stamce, Councilwoman, Royal Palm Beach
Executive Director Michael Sittig + General Counsel Harry Morfiaon, Jr.
Mayor Barnes
Page 2
October 5, 2000
Each participant will be responsible for the payment of the tuition, hotel and travel expenses.
These are explained on the response form. A limited number of scholarships are available;
information is on the response sheet.
We hope ~ou'll be as excited about this oppommity as we are. This is one oft. he best-received
programs the League has ever participated in! I encourage you to join'us for Class V14and to
become a leader for statew/de community.
Sincerely,
Michael Sitt/g
Executive Director
LEADERSHIP
Post Office Box 11309. Tallahassee, Florida 32302-3309, wvvw. leadershipflorida.org
Telephone:Toll-free 877-3~;2-5323 · 850-521-1222 .. Fax: 850-$'21-1299
· LOCAL ~OVEI~NMENT 'LEAbEI~SHZP CLASS
TAMPA SE$$TON
Florida Histo~
bemographics - World, National and Florida
Future Trends
Community Mapping
Conflict,Negotiatien
ORTL~/~IDO-$ES$:i:OI~TO'Pi'¢$
, Economic :Realities 'for .Florida
High Tach and .Z:ts .Zmpact'fov our' state
.Growth Management
Leadership Skills Assessment - Myers/Briggs
For. both sessions, informal discussions among· participants will be held and special evening
social functions are planned
ADMINISTRATION
§ 2-77
DMSION 2. CITY MANAGER*
Sec. 2-66. City manage~
The city manager shall be the chief executive officer of the city, appointed by the city council.
The city manager shall become vested in accordance with the employment agreement between
the city manager and the city.
(Code 1980, § 2-15)
Charter reference--Powers and duties of city manager, removal of employees, § 3.04.
Secs. 2.67--2-74. Reserved.
DMSION 3. TRAVEL EXPENSES
Sec. 2.75. Provision to supersede state lam
!,
Section 112.061, Florida Statutes, shall govern travel for the city, except for the following
provisions:
(a) Meal allowance: Class A and Class B travel, as defined in the city's travel policy, shall
be reimbursed for meals according to the following schedule:
(15 Breakfast ..................................................... $ 6.00
(2) Lunch ......................................................... 10.00
(3) Dinner ........................................................ 18.00
(b) Per diem: .......................................................... $70.00.
(Ord. No. O-00-01, § 2, 2-1-00)
Sec. 2.76. Generally.
The city will pay the reasonable travel expenses of the city council members, charter officers,
and employees in connection with authorized city travel.
(Ord. No. O-00~01, § 3, 2-1-00)
Sec. 2-77. Travel authorization and reimbursement.
Persons shall obtain authorization to travel, except for emergencies as set forth in the travel
policy, as follows:
(a) City council: Council members shall obtain authorization to travel prior to any travel
at a regular city council meeting. Such authorization shall be by majority vote of the
*Charter references--Charter officer, § 3.01; appointment, § 3.02; removal, § 3.03; city
manager powers and duties, etc., § 3.04.
Cross reference--City manager to prepare and submit the budget to city council, § 2-87.
Supp. No. 21 CD2:6.1
§ 2-77 SEBASTIAN CODE
council members in attendance. Appointment by the council of a member to be the
city's representative to a committee or agency shall be deemed to be authorization to
attend meetings of said committee or agency.
(b) Charter officers: Charter officers shall obtain prior approval of the city council for any
travel which is to be reimbursed by the city.
(c) General employees: Employees shall obtain prior approval of their department head (ff
applicable) and the city manager for any travel that is to be reimbursed by the city.
(Ord. No. O-00-01, § 4, 2-1-00)
Sec. 2-78. Travel policy.
A travel policy shall be adopted by resolution and updated from time to time as necessary.
All council members, charter officers and employees shall abide by and conform to the policy
and procedures adopted in the travel policy.
(Ord. No. O-00-01, § 5, 2-1-00)
Secs. 2-79--2-85. Reserved.
ARTICLE IV. FINANCE*
DIVISION 1. GENERALLY
Sec. 2-86. Fiscal year.
The fiscal year of the city shall begin on October 1 and end on September 30.
(Code 1980, § 2-52)
Cross reference--Powers and duties of finance d/rector, § 2-109.
State law reference-Mandate for fiscal year, F.S. § 166.241.
Sec. 2.87. Submission of budget by city manager.
The city manager, not later than the first regularly scheduled meeting of the city council in
August of each year, shall submit to the city council a bUdget and an explanatory budget
message setting forth recommended expenditures for the coming fiscal year, and the antici-
pared revenues for that year, and recommending the millage to be fixed on city ad valorem
taxes.
(Code 1980, § 2-53)
State law reference--Adoption of budget and millage, F.S. ch. 205.
*Cross references--Powers and duties of finance director, § 2-109; collection and distri-
bution of airport funds, § 22-30; cemetery trust fund, § 34-2; operating funds for the Municipal
golf course, § 74-34; taxation, ch. 94.
State law references--Finance and taxation, F.S. § 166.101 et seq.; government financial
matters, F.S. ch. 218.
Supp. No. 21 CD2:6.2
City of Sebastian, Florida
Subject: Use of Riverview Park
Agenda No.
Approvqd for Submittal by:
~fi.e/) Moo r e~it~~ ge r
Department Origin: Public Works
Originator: Chr~cC_fitr~
Dept. Ite ad{~'?c//~5...
Finance
Procurement
Date Submitted: 10/17/00
For Agenda of: 10/25/00
Exhibits: Schedule of activities from Chamber of Commerce
EXPENDITURE BUDGET AVAILABLE: APPROPRIATION
REQUIRED: $0 $-0- REQUIRED: $0
SUMMARY
The Sebastian River Area Chamber of Commerce would like to have an event at Riverview Park
on Saturday, November 4, 2000 from 8:00AM to 4:00PM. Their event is titled "Taste and
Treasures - Paddle Fest 2000. Please see exhibit for a list of scheduled activities.
RECOMMENDED ACTION
Motion to approve Sebastian River Area Chamber of Commerce use of Riverview Park on
Saturday, November 4, 2000 from 8:00AM to 4:00PM for Taste and Treasures - Paddle Fest
2000.
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE
TASTE AND TREASURES -- "PADDLEFEST 2000"
SATURDAY ... NOVEMBER 4, 2000
RIVERVIEW PARK "RIVERFRONT AREA"
.... ALL EVENTS ARE "WEATHER PERMITTING" ....
9-10AM
KAYAK DEMONSTRATIONS
BY KAYAKS ETC. AND ABSOLUTE WATERSPORTS OF SEBASTIAN
10-12AM
KAYAK AND CANOE RACES
YOUTH RACE
SENIORS RACE
CORPORATE CHALLENGE RACES
12NOON
AWARDS AND SCAVENGER HtTNT REGISTRATION
1-3PM
THE GREAT INDIAN RIVER SCAVENGER HUNT
$10 ENTRY FEE TO PARTICIPATE
1 ST 50 ENTRANTS GET FREE KAYAK RENTAL FROM SPONSORS
WINNER RECEIVES $100 "POT OF GOLD DOLLARS"
BRING YOUR OWN CANOE OR KAYAK AND ENTER THE RACES AND SCAVENGER HUNT
WATER SHOES AND LIFE JACKETS REQUIRED OF ALL PARTICIPANTS.
EVENT SPONSORS
KAYAKS, ETC. -- RON AND CHERYL CUMMINS, OWNERS
ABSOLUTE WATERSPORTS OF SEBASTIAN -- TED SHEPPARD, DIRECTOR
GOLD DOLLARS PROVIDED BY TIlE FERNDALE LODGE
CORPORATE RACE SPONSORS
TBD ~ $100 PER BUSINESS
HOME. 0~' PF. UCAN ISLAND
City of Sebastian, Florida
Subject: Preliminary Development Plan
Approval for Phase IIA and HB of Collier
Club Subdivision.
Agenda No. (~}0-~5p
Department Origin: Gr. owth Management
Tracy E. Hass ~ [--~
/q~ved fo~~,. Date Sub mitted: Octob er 9, 2000
~,,. _~~'~--./ For Agenda of: October 25, 2000
Exhibits'~pj~licat'mn, Staff Report, P&Z minutes and Location Map
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
Collier Club PUD is designed as a deed restricted private single family'community. Phase II contains 66.72 acres, of
which 18.01 acres are reserved for recreation and natural preserve. The typical lot is 70' x 125' with 7.5' side
setbacks, 25' rear setbacks and 10' front setbacks. The proposed typical lot is 10' wider than the existing lots in
Phases IA and IB and the side setback is 2.5' greater than that approved in the previous phases. Phase IIA will consist
of 86 dwelling units on 45.80 acres = 1.88 units/acre and phase IIB will consist of 55 dwelling units on 20.92 acres =
2.63 units/acre. The first phase of Collier Club contains 112 units at a density of 2.8 units per acre, which is slightly
less than the density of2.11 for phases IIA and liB.
The development will have public water and sanitary sewer as well as a closed drainage system with curb and gutter
road sections. Access to phases IIA and liB will be accomplished via a bridge over Collier Creek on Collier Club
Drive. A 3.23 acre recreation complex, community center was completed during phase I construction and the 10.65
acre scrub j ay preserve is included in phase II development. In addition, the conservation area along Collier Creek will
serve as a passive recreation amenity.
Collier Club Conceptual Development Plan approval was received from City Council on 11/5/97.
The Planning and Zoning Commission reviewed and unanimously recommended approval of this request during a
public hearing held on October 5, 2000. Staff and the Planning and Zoning Commission recommend the City
Council adopt this staff report and approve the Preliminary Development Plan for Collier Club PUD phases IIA and
liB with the following conditions:
The applicant shall submit the construction drawings to the City Engineer for approval prior to initiating
construction.
Applicant shall submit copies of permits from St. Johns, DEP and Fish and Wildlife prior to construction
approval.
Applicant shall submit construction details for the required emergency access via South Wimbrow Drive.
Said access shall be used for emergency access only and not for access to the subdivision.
Applicant shall submit for final development plan approval within eighteen (18) months from the date of
preliminary approval.
RECOMMENDED ACTION
Hold a public heating and act on Resolution R-00-55 for the Preliminary Development Plan for Phase IIA and IIB
of the Collier Club PUD Subdivision.
RESOLUTION NO. R~00-55
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
TI][E PRELIMINARY DEVELOPMENT PLAN FOR PBASES IIA AND ~
OF COLLIER CREEK SUBDIVISION; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR EFFECTIVE DATE.
Wlq'EREAS, On-Site Management Group, Inc., a Florida corporation, has filed an
application for approval of a Preliminary Development Plan approval for Phases IIA and I~ of
Collier Club Subdivision; and
WHEREAS, on October 5, 2000, the Planning and Zoning Commission recommended
approval of said Preliminary Development Plan with four special conditions;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. PLAN APPROVAL. The City Council of the-City of Sebastian
does hereby approve the Preliminary Development Plan for Phases IIA and iIB of Collier Club
Subdivision as maintained on file with the City Growth Management Department, subject to the
following four special conditions:
1. The applicant shall submit the construction drawings to the City Engineer for
approval prior to initiating construction;
2. Applicant shall submit copies of permits from St. Johns, DEP and Fish & Wildlife
prior to construction approval;
Applicant shall submit construction details for the required emergency access via
South Wimbrow Drive. Said access shall be used for emergency access only and
not for access to the subdivision.
Applicant shall submit for final development plan approval within eighteen (18)
months from the date hereof.
Section 2. CONFLICT.
herewith, are hereby repealed.
All resolutions or parts of resolutions in conflict
Section 3.
upon its adoption.
EFFECTIVE DATE.
This resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day
of October, 2000.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Pd:c h~St~fin~ger, i~~
City of Sebastian
Development Order Application
Permit Application No.
Applicant iff not owner, written authorization (notarized) from owner is .required) -
Name:
-Address:
Phone Number. (,~,/) '-~P~'- =~=~/,,~ Number. ( )
E-Mail:
Owner (If different from applicant)
Name:
Address:
Phone Numben ( )
E-Mail:
FAX Number:.
Type of permit or action requested:
PLF~SE COMPLETE ONLY THOSE SECTIONS WHICH ARE[ NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL iNFORMATION FORM.
A. Project's Name (if applicable):
B. Site Information
Address:
Lot: Block:
Unit: Subdivision:
Indian River County Pamel #:
Zoning Classification:
Existing Use:
~1:~- /O Futura Land Use: ,/_.. D.
~/~ ~A/7- Proposed Use:
C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
RECEIVED: ~ _
CD-200t
Approved: 08/27/97
Revision:Page 1 of 3
Development Application
File Name: Doe
, Permit Application No.
D. Project Personnel:
Agent:
Name:
Phone Number. ~/
FAX ~umben (~..~,/) "7~'
E-Maih
Attorney:
Name:
Address
Phone Number. ( ) FAX Number. ( )
E-Mail:
Engineer:
Name: ~
Address ~/~ /4~4 ~ffC% ~~ ~ ~ ~~ ~~0
Phone Number: (~/) ~0 - ~0~ F~ Numben (~)~- ~0
E-Mail:
Surveyor:
Name:
Address ~,~ ~/,_~.-
Phone Number. (,~'~,1) ,,..,~'7
FAX Number. (,_~4,¢')'~,7 - q/72
E-Mail:
~, ~-~¢.~/~/P~., .E,NG ~,RST DUL~ SWORN, DEPOS~ AND SAY THAT:
THE
OWNER
I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'rTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ANDJOR SKETCHES PROVIDED IN THIS APPLICATION ARE
SWORN T~3ffAND-SUB6C~IBED BE
~HO IS PERSONA~WN TO ME OR PRODUCED , ';
As IDE~FiCATIO~, THIS ~ DAY OF ~J~ 3 ~J~ ,
NOTARY'S SIGNATURE ~[~ [~
PRIED NAME OF NOTARY ~V ~'¢~
COMMISSION NO.~PI~TION ~ J/~ - O~ ~ ~
S~L:
ForTh CD-200'~
Approved: 081'27/97
I Page 2 of 3 Development App§cation
j Revision: File Name: Doa
Permit Application No,
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
IJWE, THE OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
E~OARD/COMMIS$1ON OF THE CITY OF SEBASTIAN (THE "BQARD"/"COMMiSSIQN") TO PHYSICALLY ENTER UPON THE PROPERTY
AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/~/E HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDiCIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMiSSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THI.~i~7~J~i~. CONSENT lS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PI~MISE>$'I~E, 1~'7~'~MPLOYEE, AGENT, CONTRACTOR OR QFFICIAL OF 7HE Cl/I'Y QF SEBASTIAN.
I/IJIII-
Swom to and subscribed before me by
C-"'~o i ps~-rsonally kn°~-~to me or produced
as identificatmn, this~;~/ day of
Nota~'s ~ignature ~~.
Printed Name of Nota~
Commission No.l~piration ~-j~-~.~
Seal:
_,.,,~.~..,~,..,~_ KeW £ Rk~
,~l[r, My Com~ssm cc88=o'r
'%.w~l~ed Expires August 16, 200:3
F~o. rm CD.200f
· Approved: 08/27/97
t Revision: Page 3 of 3
tDeveiopment Application
File Name: Doe
· ~ Permi~ Applir.~ion No.
Supplemental Information
Planned Unit Development
Preliminary Development Plan (Plat)
(A~Ac. ~DmONA~ PA~ES IF NECESSARY.)
Is the proposed preliminary development plan consistent with the subdivision
regulations?' If not, which One(s)? 4~.'~
--/.S' C._x),
__2.
Is the proposed preliminary development.plan in conformance with the zoning
regulations? If not, which one(s)? ~/~_.~
3. Attach the fOllowing:
__ a. A list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
.__~b. A vicinity map.
A map(s) of existing conditions including existing easements, streets,
buildings, land uses, historical sites, tree groupings, wetlands, water
courses, contours, the names of the property owners and existing land.
uses and zoning for all contiguous property, and the location and width
of all existing or platted streets, easements, drainage ways and utilities
-contiguous to the properLy.
,'"' d. A development plan including:
1. plat,
2. general appearance of proposed structures excluding single family
detached dwellings, .:..
3. dedication or reservation of lands for public use,
4. vehicular, pedestrian and bicycle circulation and parking,
5. open space and landscape plan, and
6. information concerning adjacent lands including existing land use,
z~ning, circulation system, density, public facilities, and unique
natural features.
Form C,D.20'15
A~mvech 8'~7/97
j " F~ge '/of'3 ' j PUD CDP
J Revision: ! File Name: Si~uctpd~
Permit Application No. .
¢"' e. Quantitative data including:
1. total number of dwelling units by type,
2. total parcel size,
3. proposed lot or building site coverage by building and structure,
4. proposed lot or building coverage by impervious surfaces, other than
building and structures,
5. gross and net residential density,
6. proposed amount of open space,
7. proposed amount of public 'lands including all dedicated rights-of-
way, .easements, and other lands dedicated to for public facilities.
~'"f. A development schedule.
~ g. An updated environmental impact statement
'W__~_. h. An updated public facility impact statement
.. 4. The following information is required on all preliminary .plats:
A vicinity sketch showing the location of the boundary lines and distance
of the land proposed for the subdivision in reference to other areas of
the city.
north arrow, graphic scale, and date if preparation. ,
The name of adjacent sUbdivisions, if any, and the plat book and page
reference, together with the names of the owners of records having
interest in adjacent acreage.
The names, alignment, and width of all existing .and proposed streets,
alleys, rights-of-way or easements adjacent to or within three hundred'
(300) feet of the proposed 'subdivision including name, right-of-way
~Nidth, street or pavement width, and established center line elevation.
Existing streets shall be dimensioned to tract boundary.
All existing and proposed property lines, easements and rights-of-way,
their purpose their effect on the property to be subdivided, and the
proposed layout of lots and blocks.
Access points to collector and artedal streets showing their compliance to
access requirements.
All existing drainage facilities.
v/ h. Existing and proposed utilities such as telephone, electricity, water,
sewer, gas, etc. on or adjacent to the tract. The preliminary plat shall
Form CD-20'15 J P=ga 2 of 3 j PUD CDP Plat
Approved: 8/27/97 J Revision: j File Name: Sipudpdp
a
Growth Management Department
Preliminary Development Plan
Planned Unit Development
Approval Application Staff Report
Project Name:
Collier Club PUD-R Subdivision
Requested Action: Preliminary Development Plan Approval for phases IIA and
lib of Collier Club PUD-R.
Project Location
a. Address:
b. Legal:
See preliminary plat
c. Indian River County Parcel Number:
Project Owner:
Onsite Management Group inc.
1999 Pointe West Drive
Veto Beach, Florida 32966
(561) 794-9912 fax: (561) 794-9916
ProJect Agent:
Same as above
Project Engineer:
Triad International Consultants, LLC
2145 14t~ Avenue, Suite 24
Vero Beach, Florida 32960
(561) 770-4707 fax: (561) 770-4640
Project Surveyor:
David M. Jones
2345 14th Avenue
Vero Beach, Florida 32960
(561) 567-9875
fax: (561) 567-9172
Project Description
Narrative of proposed action: Collier Club PUD is designed as a
deed restricted private single family community. Phase II contains 66.72
acres, of which 18.01 acres are reserved for recreation and natural
preserve. The typical lot is 70' x 125' with 7.5' side setbacks, 25' rear
setbacks and 10' front setbacks. The proposed typical lot is 10' wider than
the existing lots in Phases IA and lB and the side setback is 2.5' greater
than that approved in the previous phases. Phase IIA will consist of 86
dwelling units on 45.80 acres = 1.88 units/acre and phase liB will consist of
55 dwelling units on 20.92 acres = 2.63 units/acre. The first phase of
Collier Club contains 112 units at a density of 2.8 units per acre, which is
slightly less than the density of 2.11 for phases iiA and liB.
The development will have public water and sanitary sewer as well as a
closed drainage system with curb and gutter road sections. Access to
phases IIA and lib will be accomplished via a bridge over Collier Creek on
Collier Club Drive. A 3.23 acre recreation complex, community center was
completed during phase I construction and the 10.65 acre scrub jay
preserve is included in phase II development. In addition, the conservation
area along Collier Creek will serve as a passive recreation amenity.
Collier Club Conceptual Development Plan approval was received from City
Council on 11/5/97.
Current Zoning: PUD-R
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Preliminary Development Plan criteria
a.
b.
66.72 acres
Vacant
Riviera, Winder, Boca Fine Sand
Dense Vegetation
Zone X, AE
Indian River County Utilities
Indian River County Utilities
Sebastian Municipal Golf Course
Sebastian Police 1 mile
Compliance with subdivision regulations, yes
Compliance with zoning regulations, yes
(1) Modified building setbacks.
(a) Privacy: provided
(b) Light and air: provided
(c) Use: provided
2
10.
(d) Building Configuration: provided
(e) Fire exposure: provided
(2) Required perimeter building setback: provided
(3) Modification in minimum lot size in single-family district.
(a)
(b)
(c)
Design: provided - proposed lot size is 70 x 125 as
opposed to the typical 80 x 125 as established in RS-10.
Additionally, the applicant is requesting a modification in the
front yard setback from 20' to 10' with a side load garage.
Use. of open space: no modifications
Compliance with other preliminary development plan
requirements: no modifications
Contents of Preliminary Development Plan:
a. Written material:
Development schedule:
Quantitative data.
(a)
(b)
(c)
(d)
(2)
(e)
(f)
provided
Total number of dwelling units by type: 141 - single
family detached homes.
Total parcel size: 66.72 acres
Proposed lot or building site coverage by buildings and
structures:
3,500 SF (average per lot)
Proposed lot or building coverage by impervious
surfaces, other than buildings and structures: 360 SF
(average per lot)
Residential Density
2.11 units/acre
Proposed amount of open space:
35.29 acres = 53%
(3)
(4)
(g)
Proposed amount of public lands including all
dedicated rights-of-way, easements, and other lands
dedicated for public facilities and services:
19.9 acres = 30%
Updated Environmental impact statement:
The environmental consulting firm of B.K.I. Inc. has been retained to
aid in addressing the environmental impacts of the development.
To date the jurisdictional wetland areas have been identified by
representatives of the St. Johns River Water Management District
and the U.S. Army Corps of Engineers. The development plan has
taken into consideration the comments from these agencies. The
property has been surveyed by U.S. Fish and Wildlife Service and a
10.65 acre Scrub Jay preserve has been included. This area is
supplemented by additional buffering with Tracts M, N and O.
Updated Public facilities impact statement: Collier Club will
connect to both public water and sanitary sewer facilities with
service provided by Indian River County. The roads and drainage
system within the development will remain private and the
maintenance obligation of the Homeowners Association.
(a)
Quantity of wastewater generated; Wastewater
generated will be at the same level as Phases IA and lB,
which is estimated to be 350 G.P.D. per unit (141) =
49,350 G.P.D.
The comprehensive plan level of service standard for
computing wastewater generation is a minimum of 250
G.P.D per unit. The use of 350 G.P.D. exceeds this
minimum standard.
(b)
Description of proposed recreational facilities;
provided - The community has already constructed a 5
acre recreation complex including a swimming pool and
play ground. In addition, the 10.65acre scrub jay preserve
will be a passive recreation area with walking paths and
observation areas. The conservation area along Collier
Creek will also serve as a passive recreation amenity.
(c)
Quantity of potable water required; Potable water will be
350 G.P.D. per unit (141) = 49,350 G.P.D.
The comprehensive plan level of service standard for
computing wastewater generation is a minimum of 250
G.P.D per unit. The use of 350 G.P.D. exceeds this
minimum standard.
4
(d)
Estimated number of school age children expected
within the development; provided - The developer
estimates that 20% of the homes will have children with an
average of 1.5 children per household. This would result
in approximately 42 children in the community.
(e)
Estimated property tax and/or sales tax revenue
generated by the project by phase; and
Phase II Estimated property tax - $267,900.00
141 lots with an average property tax of $1,900.
(f)
Any other positive or negative public facility impact.
In addition, the statement shall also include all public
facilities impact information that may be submitted as
part of the Development of Regional Impact (DRI)
review process, as applicable, provided - Collier Club
will connect to both public water and sanitary sewer
facilities with service provided by Indian River County. The
roads and drainage system within the development will
remain private and the maintenance obligation of the
Homeowners Association.
(5) Additional information: none
Graphic element of development plan.
(1) Plat and site plan.
(a)
Proposed name of the PUD, title of map, name of city,
and description of section, township and range.
provided
(b)
Name and address of record owners, applicant, and
person preparing preliminary development plan.
provided
(c)
The locations and names of abutting subdivisions and
the names of owners of record of adjacent acreage.
provided
(d)
Date, north arrow and graphic scale acceptable to the
city engineer, provided
(e)
Legal description and survey of the proposed PUD'
boundaries made and certified by a Florida registered
land surveyor, provided
5
(f)
(h)
(i)
(J)
(k)
(i)
(m)
Proposed lot or building site lines with dimensions,
setbacks, and landscaped yards. Location and floor
area size of all existing and proposed buildings,
structures and other improvements. Designation of all
dwelling unit types and number of units. Net
residential density calculations. Plans for
nonresidential uses shall include the square footage
allocated to each respective use. provided
Any desired changes from the underlying zoning
regulations, and the boundaries of underlying zoning
districts. N/A
Location, name and dimensions of all existing and
proposed dedicated public lands and the conditions of
such dedication, provided
The width and location of any street or other public
way shown upon the comprehensive plan within the
PUD and the proposed width, location and grade of all
streets or other public ways proposed by the
applicant. Provided
Location of closest available city water supply system
and proposed preliminary design for water' service
improvements, including proposed level of service,
general location of facility improvements, and
schematic drawings as required by the city engineer.
The final construction drawing shall not be required
prior to preliminary plan approval, but shall be
required prior to commencement of the installation of
such improvements. Provided
Area in square feet of each lot or building site, to be
indicated in a rectangle within each lot or building site.
provided
Typical cross-sections of proposed streets, sidewalks,
canals and ditches and other proposed improvements.
provided
Location of proposed wastewater collection system
and proposed preliminary design of wastewater
collection improvements, including proposed location
of improvements, level of service proposed, and
schematic drawings as required by the city engineer.
Final construction drawings shall not be required prior
to preliminary development plan approval, but shall be
required prior to commencing the installation of such
facilities, provided
6
(2)
(3)
(n)
Location of proposed improvements for collecting and
discharging surface drainage and the preliminary
design of such facilities, including the proposed level
of service, and schematic drawings as required by the
city engineer. Final construction drawings shall not be
required prior to preliminary development plan
approval, but shall be submitted prior to commencing
the installation of such facilities, provided
(o)
Location and preliminary design of proposed bridges
or culverts which may be required, including the type
of facility and general level of service as well as
schematic drawings as required by the city engineer.
Final construction drawings shall not be required prior
to preliminary development plan approval, but shall be
required prior to commencing the installation of such
improvements, provided
(P)
Proposed locations and preliminary designs for
sidewalks, curbs, storm drainage facilities, water
mains, sanitary sewers, fire hydrants, and flow
facilities, provided
(q)
Location and width of proposed permanent utility
easements. The easements shall provide satisfactory
access to existing rights-of-way or other open space
shown upon the tentative PUD plat. Permanent
drainage easements shall also be shown, provided
(r)
Where the tentative PUD plat covers only a part of
contiguous rear property owned by the applicant, a
master phasing plan shall also be required unless the
application certifies that the remaining real property
shall be developed independently of the proposed
PUD plat. N/A
(s)
The proposed treatment of the perimeter of the PUD
plat, including material and techniques used, such as
landscape, fences and walls for screening and
buffering, provided
General appearance.
(a)
Floor plans and square footage of all multifamily and
nonresidential buildings and structures: N/A
(b) Elevations, sections and/or perspectives: provided
Dedication or reservations of land for public use: provided
7
11.
13.
14.
(4)
Vehicular, Pedestrian and bicycle circulation and parking:
provided
(s)
Open space and landscape plan: provided - Collier Club will meet
or exceed all open space requirements. All efforts will be made to
preserve scrub habitat on individual lots. For all perimeter lots
situated between Collier Creek, the scrub jay preserve and golf
course clear cutting will not be permitted and all efforts will be made
to preserve scrub habitat areas.
(6) Information concerning adjacent lands.
(a) Existing land use:
provided
(b) Zoning classification:
provided
(c) Circulation system:
provided
(c) Density: provided
(e) Public facilities: provided
(d) Unique natural features: provided
Site plan review standards: N/A
City Engineer's review: See Attached
Other Matters: The Planning and Zoning Commission reviewed and unanimously
recommended approval of this request during a public hearing held on October 5,
2000.
Analysis: Collier Club PUD is designed as a deed restricted private single family
community. Phase II contains 66.72 acres, of which 18.01 acres are reserved for
recreation and natural preserve. The typical lot is 70' x 125' with 7.5' side
setbacks, 25' rear setbacks and 10' front setbacks. The proposed typical lot is 10'
wider than the existing lots in Phases IA and lB and the side setback is 2.5' greater
than that approved in the previous phases. Phase IIA will consist of 86 dwelling
units on 45.80 acres = 1.88 units/acre and phase liB will consist of 55 dwelling
units on 20.92 acres = 2.63 units/acre. The first phase of Collier Club contains 112
units at a density of 2.8 units per acre, which is slightly less than the density of 2.11
for phases IIA and liB.
The development will have public water and sanitary sewer as well as a closed
drainage system with curb and gutter read sections. Access to phases IIA and lib
will be accomplished via a bridge over Collier Creek on Collier Club Drive. A 3.23
acre recreation complex, community center was completed during phase I
construction and the 10.65 acre scrub jay preserve is included in phase II
development. In addition, the conservation area along Collier Creek will serve as a
passive recreation amenity.
8
15.
16.
Collier Club Conceptual Development Plan approval was received from City
Council on 11/5/97.
Conclusion: The proposed project is consistent with the Land Development
Code, Comprehensive Plan and Code of Ordinances.
Recommendation: Staff and the Planning and Zoning Commission recommend
the City Council adopt this staff report and approve the Preliminary Development
Plan for Collier Club PUD phases IIA and liB with the following conditions:
The applicant shall submit the construction drawings to the City Engineer
for approval prior to initiating construction.
Applicant shall submit copies of permits from St. Johns, DEP and Fish and
Wildlife prior to construction approval.
Applicant shall submit construction details for the required emergency
access via South Wimbrow Drive. Said access shall be used for
emergency access only and not for access to the subdivision.
Applicant shall submit for final development plan approval within eighteen
(18) months from the date of preliminary approval.
DATE/
9
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF OCTOBER 5, 2000
Acting Chron. Mather closed the public hearing at 7:28 pm.
Tracy Hass indicated that as the design process proceeds, drawings and any additional
information can be provided to this Commission.
MOTION by Smith/Barrett
I make the motion that we accept the site as presented.
Roll call:
Mr. Barrett - yes Mr. Mahoney - yes
Ms. Vesia - yes Mr. O'Donnell - yes
Mr. Smith - yes VC Mather - yes
Ms. Carbano(a) - yes
The vote was 7 - 0. Motion carried.
B. Public Hearing - Recommendation to City Council - Preliminary
Development Plan/Plat - Collier Club PUD Phase II A & B
Mr. Chuck Mechling with Onsite Management Group Inc gave a presentation noting that
the proposed lot size is larger than in Phase I.
(Mr. Mechling was sworn in at 7:36.)
Tracy Hass read the comments from the City Engineer, and noted that all issues from
the conceptual plan that was submitted for the entire project have been addressed with
the County. He then commented that when the third phase of Collier Club is started, any
traffic improvements will be undertaken.
Recreational areas and buffers were discussed along with public access.
Tracy Hass gave staff presentation and was complimentary on the increased size of the
lots, and the increase in the size of the scrub jay preserve. He noted that staff
recommends approval with the four conditions as outlined in the staff report.
MOTION by Barrett/Carbano(a)
I'll make a recommendation that we approve the preliminary plat for Collier Club
PUD, Phase II A and II B, in accordance with the staff report and the conditions
listed on page nine (9), in accordance with sheets one (1) through seven (7) of
project 00-002.
Discussion: Mr. Mahoney asked for clarification on the lot size, which Tracy provided.
Roll call:
VC Mather - yes Ms. Carbano(a) - yes
Ms. Vesia - yes Mr. Mahoney ~ yes
Mr. O'Donnell - yes Mr. Smith - yes
Mr. Barrett - yes
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF OCTOBER 5, 2000
The vote was 7 - 0. Motion carried.
CHAIRMAN MATTERS:
Z
0
HOME OF PELICAN ISLAND
City of Sebastian, Florida
Subject: Special Use Permit Application for
Chestnut 512 Carwash.
Exhibit: R-00-56, Application, Staff Report, P&Z minutes and Location Map
EXPENDITURE AMOUNT BUDGETED:
REQUIRED: None
None
Department Origin: _Gr_ 9wth Management
Tracy E. Hass ~H~
Date Submitted: October 9, 2000
For Agenda of: October 25, 2000
APPROPRIATION
REQUIRED: None
SUMMARY
Ken Chestnut has filed for site plan/special use permit review for the proposed development of a commercial car
wash facility along CR 512 just East of Barber Street. The proposed development for the subject parcel is for
construction of a 2,798 SF five-bay self service carwash facility, together with associated parking, water and sewer
service, drainage, and landscaping. Access to the site will be accomplished via a right-in, right-out driveway
connection to CR-512 and a cross access easement as required by code is being provided to the neighboring
properties. Proposed water and wastewater service to the site will be accomplished via connection to Indian River
County Utilities. Stormwater runoff for the proposed development will be routed to an on-site retention area. The
site contains .59 acres, or 25,600 SF of total land area, of which, 15,874 (62%) is impervious surface and 9,726 SF
(38%) is open area. Additionally, the site plan fully complies with all 512 Overlay District Regulations including
architectural and landscape standards.
The granting of a special use permit for this project is required due to car washes not being specifically provided for
in the zoning regulations. Additionally, the Planning and Zoning Commission at their regular meeting on Thursday
August 3, 2000 unanimously approved the Carwash site plan and recommended approval of the special use permit
application with the following conditions:
1. A stop sign shall be installed at the egress on the property side (Southside) of the sidewalk.
An eight (8) foot wall shall be installed on the rear of the property instead of the six (6)foot wall shown on
the plan.
3. The hours of operation shall be limited to 7:00 am to 10:00 pm.
All above conditions have been agreed to and addressed by the applicant.
RECOMMENDED ACTION
Hold a public hearing and act on Resolution R-00-56 for the Chestnut 512 Carwash Special Use Permit applicati~
RESOLUTION NO. R-00-56
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512
CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER
STREET; PROVIDING FOR CONFLICTS FIEREWITH;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Ken Chestnut has filed an application for approval of a special use
permit to operate a commercial carwash in the C-512 zoning district; and
WHEREAS, stafffinds the requested permit to be in compliance with the
Comprehensive Plan and LDC of the City and said special use permit was recommended
for approval by the Planning and Zoning Commission on August 3, 2000, subject to three
special conditions; and
WHEREAS, said special use permit was rejected by a 4-1 vote of the City
Council on September 13, 2000, but a subsequent Motion for Reconsideration of this
matter passed by a 5-0 vote on September 27, 2000;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. SPECIAL USE PERMIT APPROVAL. The City Council of
the City of" Sebastian does hereby approve a special use permit for operation of the
Chestnut 512 Carwash in accordance with the plans and application maintained on file
with the City Growth Management Departmem, subject to the following special
conditions:
1. A stop sign shall be installed at the egress on the south side of the sidewalk
along C.R.. 512;
An eight foot wooden fence shall be installed on the rear of the property
rather than the six foot wall shown on the plans; and
The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith, are hereby repealed.
Section :3. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day
of October, 2000.
and, upon being put into
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. Maio, CMC
City Clerk
By:
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attor~y
Permit Application No.
City of Sebastian
Development Order Application
Applicant (If not owner, written authorization (notarize(J) from owner is required)
Name:
Mr. Ken Chestnut
-Address; 835 11th Avenue SW Vero Beach, FL 32962
Phone Number:. (561) 563 0904 FAXNumber. (561) 567-5592
E-Maih
Owner (If different from applicant)
Name:
Same as APplicant
Address:
Phone Number. ( ) FAX Number;. ( )
E-Mail:
LType of permit or action requested:
Site Plan
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A-CI'ACHED AND 81/2" BY 11" COPIES OF ANY A3-TACHMENTS
SHALL BE INCLUDED. ATI'ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
IA. Project's Name (if applicable): Chestnut 51 2 Carwash
B. Site Information
Address:
CR512 East of
Lot: Block:
12-15 186
Indian River County Parcel #:
Zoning Classification:
C-512
Barber Street
Unit: Subdivision:
8'
Sebastian
Future Land Use:
Highlands
Commercial
ExiSting Use: Proposed Use:
Vacant Car wash
-C. Description of proposed activity and purpose of the requested permit o~action (atta~Xtra sn;~'r~ if
necessa~): Site Plan approval for a 5 bay car wash
,TE RECEIVED: -7
J Revision:
FEE PAID:
RECEIVED ~~~.
Page '~ of 3
JDeve/opment Application
File Name: Doa
D. Project Personnel:
Agent:
Name:
Address
Mr. Randy L. Mosby, P.E.
Mosby & Associates, Znc.
2455 14th Avenue Vero
PhoneNumbe~(561) 569 0035
Beach, FL 32960
FAX Number: G61
E-Mail:
A~omey: N/A
Name:
Address
Phone NumbeE( ) - FAX NumbeE( .) -
E-Mail:
Engineer: Mr. Randy L. Mosbff~ P.E.
Name:
Mosby & Associates, Inc.
Address
2'455 14th Avenue Vero Beach, FL 32960
PhoneNumbe~.(561) 569-0035 FAXNumbeE (561
E-Mail:
Permit Application No.
)778- 3617
) 778 -361 7
Surveyor: David M. Jones Surveying
Name:
Mr. David Jones
Address
2345 14th Avenue Vero Beach, FL 32960
Ph0neNumbeE(561) 567 -9875 FAXNumbeE (561) 567 -91 72
E-Mail:
I, Ken Chestnut , BEING FIRST DULY SWORN, DEPOSE AND SAYTHAT:X I AMTHE OWNER ~ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCUP,~T~ AN~TRUE TO2HE BEST Of MY KNOWLEDGE AND BELIEF.
WORN TO AND SUBSCRIBED BEFORE ME BY
_WHO IS PERSONALLY KNOwI~.TO
AS 'OENTIFICAT'~, THIS J~DAY OF
NOTARY'$ SIGNATURE ~~ Q '~r~ ' __
PRINTED NAME OF NOTARY
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions~ and appeals.
I/~/E, Xi . THE OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER-FY DESCRIBED WHICH IS THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P'Ia~iD.g & ~,OT~'i~9'
BOARD/~-OMIMISSIO~OF THE CITY OF SEBASTIAN (THE "BOARD"/'COMMISSION') TO PHYSICALLY ENTER UPON THE PROPER'Pt'
AND ViEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/~VE HEREBY' WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICiAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSiON MEMBER ENTERING OR VIEWING' THE PROPERTY, 'INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISE.~I~DE, BY ANY E~PLOYEE, AGENT, CONTRACTOR OR 'OFFICIAL OFf HE CITY OF SEBASTIAN.
who is pe~ooall¥ know,L Jo m~. o~ produced
as identification, this I~_,,- day of ...~"0/-~ ,1~ ~
Notary's Signature
Pdnted Name of Notary
Commission No./Expiration
Seal:
JOAN C. t~,RCUS
F°rm CD-200f
Approved: 08127/97
Revision: Page 3 of 3
Development Application
File Name: Dca
JUL. 10.~_000 9:$0AM BLDG DE~T SEBASTIAN
Permit Application No. ~
Supplemental Information
Special Use Permit
{A'I't'ACH ADDITIONAL PAGES iF NECF..$~ARY.)
~ 1. Describe the use for which this spedal use permit is being requested:
Carwash
X. 2, Describe how the granting of the special use permit will not be detrimental to the
public safety, health'or welfare or be injurious to other properties or
.impmvemen~within ~eimmediatevicini~inwhi~ ~epmpertyisl0~d.
The project is
not, whynot.~Eachedaddi~onalp~es,~ne~ssa~):
located on a major arterial roadway system and
proper buffers are proVided to the south 'to proteCt
the adjacent residential areas. .
' -
X 3. Describe how the use requested is consistent wfth the purpose and intent of the
respective zoning district, and that the use is ~milar in 'nahJre and compatible.
with the uses allowed in such. district. If no[, why nat. (Attach additional pages,if
necessary);_ The~ proposed use us ideal for the surroundin~g
aroa and is comparable with other businesses in the~area.
X 4. Attach a list of the names and addresses of all owners of parcels of real property
within three hundred (30a) feet of the parcel t~ be considered,
=
Growth Management Department
Special Use Permit Application - Staff Report
Project Name:
Chestnut 512 Carwash
Requested Action: Special Use permit approval for a car wash facility.
Project Location
a. Address: CR 512 East of Barber Street
b. Legal:
c. Indian River County Parcel Number:
Project Owner:
Ken Chestnut
835 11th Avenue SW
Vero Beach, Florida 32926
(561) 563-0904
fax: (561) 567-5592
Project Agent:
Mosby and Associates
Mr. Randy L. Mosby, P.E.
2455 14th Avenue
Vero Beach, Florida 32960
(561) 569-0035
fax: (561) 778-3617
Project Engineer: Same as above
Project Surveyor:
David Jones
2345 14th Avenue
Vero Beach, FlOrida 32960
(561) 567-9875
fax: (561) 567-9172
Project Description
Narrative of proposed action: The applicant has filed for site plan
review for the proposed development of a commercial car wash facility
along CR 512 just East of Barber Street. The proposed development for
the subject parcel is for construction of a 2,798 SF five-bay self service
carwash facility, together with associated parking, water and sewer
service, drainage, and landscaping. Access to the site will be
accomplished via a right-in, right-out driveway connection to CR-512 and
a cross access easement as required by code is being provided to the
neighboring properties. Lot 13 is designated as a site for a permanent
curb cut along CR-512 and the applicant is proposing the driveway be
bm
located on lot 15. Proposed water and wastewater service to the site will
be accomplished via connection to Indian River County Utilities.
Stormwater runoff for the proposed development will be routed to an on-
site retention area. The site contains .59 acres, or 25,600 SF of total land
area. Of which, 15,874 (62%) is impervious surface and 9,726 SF (38%)
is open area.
Current Zoning:
Adjacent Properties
Zoning
C-512
Current Land Use
Future Land Use
North: CR-512 County Road 512 CR-512
East: C-512 Vacant C-512
South: C-512 Vacant C-512
West: C-512 Vacant C-512
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
Future Land Use:
Traffic Circulation:
Housing:
Public Facilities:
Coastal Management:
.59 acres
Vacant
St. Lucie
Scrub, Oaks, Pines
zone x
Indian River County Utilities
Indian River County Utilities
Barber Street Sportsplex - 1 mile
Indian River Fire - 1 mile
Sebastian Police- 2 miles
consistent
consistent
consistent
consistent
consistent
10.
11.
12:
13,
13.
f. Conservation: consistent
g, Recreation and Open Space:
consistent
Is the granting of the special use permit detrimental to the public safety,
health or welfare or injurious to other properties or improvements within
the immediate vicinity in which the property is located? There are currently
two (2) self-service car wash facilities in operation within the City that are similar
in design and layout as the proposed. There are no reports or records of harm to
the public safety, health or welfare from the operation of either facility. It is
reasonable to determine based on these facts that the proposed will not be
detrimental to the public safety, health or welfare or injurious to other properties
or improvements within the immediate vicinity in which the property is located.
Is the use requested consistent with the purpose and intent of the
respective zoning district, and can it be demonstrated to be similar in
nature and compatible with the uses allowed in the zoning district?
Although not in operation, the City Council did authorize a drive-through car wash
facility for the Exxon station located just East of Fleming Street on CR-512. At
that time it was determined similar in nature and compatible with the uses
allowed in the zoning district. However, although it is located on CR-512, the
underlying zoning for the Exxon is Commercial General.
Is the requested use consistent with the Comprehensive Plan and Code of
Ordinances. Yes
Additional Considerations: In approving a special use permit, the City Council
may require such conditions as will, in its judgment, substantially secure the
objectives and intent of the zoning regulations.
Other Matters: The granting of a special use permit for this project is required
due to car washes not being specifically provided for in the zoning regulations.
Additionally, the Planning and Zoning Commission recommended approval of
said special use permit with the following conditions:
1. A stop sign shall be installed at the egress on the property side (Southside) of
the sidewalk.
2. An eight (8) foot wall be installed on the rear of the property instead of the six
(6) foot wall shown on the plan.
3. The hours of operation shall be limited to 7:00 am to 10:00 pm.
All above conditions have been agreed to and addressed by the applicant.
3
14.
15.
16,
Analysis: The applicant has filed for site plan review for the proposed
development of a commercial car wash facility along CR 512 just East of Barber
Street. The proposed development for the subject parcel is for construction of a
2,798 SF five-bay self service carwash facility, together with associated parking,
water and sewer service, drainage, and landscaping. Access to the site will be
accomplished via a right-in, right-out driveway connection to CR-512 and a cross
access easement as required by code is being provided to the neighboring
properties. Lot 13 is designated as a site for a permanent curb cut along CR-512
and the applicant is proposing the driveway be located on lot 15. Proposed
water and wastewater service to the site will be accomplished via connection to
Indian River County Utilities. Stormwater runoff for the proposed development
will be routed to an on-site retention area. The site contains .59 acres, or 25,600
SF of total land area. Of which, 15,874 (62%) is impervious surface and 9,726
SF (38%)is open area.
Conclusion: The proposed special use permit is consistent with all regulations
as established by the Comprehensive Plan, Land Development Code and Code
of Ordinances.
Recommendation: Staff and the Planning and Zoning Commission recommend
the City Council find the requested special use permit for a car wash on CR-512
is not detrimental to the public safety, health or welfare nor injurious to other
properties or improvements within the immediate vicinity and the use requested
is consistent with the purpose and intent of the C-512 zoning district, and it is
similar in nature and compatible with the uses allowed in the C-512 zoning
district.
PREPAREI~BY
DATE
4
=
Growth Management Department
Site Plan Approval Application - Staff Report
Project Name:
Chestnut 512 Carwash
Requested Action: Site plan approval for car wash facility.
Project Location
a. Address: CR 512 East of Barber Street
b. Legal: See site plan.
c. Indian River County Parcel Number:
Project Owner:
Ken Chestnut
835 11th Avenue SW
Vero Beach, Florida 32926
(561) 563-0904
fax: (561) 567-5592
Project Agent:
Mosby and Associates
Mr. Randy L. Mosby, P.E.
2455 14th Avenue
Vero Beach, Florida 32960
(561) 569-0035
fax: (561) 778-3617
Project Engineer: Same as above
Project Surveyor:
David Jones
2345 14thAvenue
Vero Beach, Florida 32960
(561)567-9875
~x:(561) 567-9172
Project Description
a=
Narrative of proposed action: The applicant has filed for site plan review
for the proposed development of a commercial car wash facility along CR 512
just East of Barber Street. The proposed development for the subject parcel
is for construction of a 2,798 SF five-bay self service carwash facility,
together with associated parking, water and sewer service, drainage, and
landscaping. Access to the site will be accomplished via a right-in, right-out
driveway connection to CR-512 and a cross access easement as required by
code is being provided to the neighboring properties. Lot 13 is designated as
a site for a permanent curb cut along CR-512 and the applicant is proposing
the driveway be located on lot 15. Proposed water and wastewater service
to the site will be accomplished via connection to Indian River County
Utilities. Stormwater runoff for the proposed development will be routed to an
on-site retention area. The site contains .59 acres, or 25,600 SF of total land
area. Of which, 15,8'74 (62%) is impervious surface and 9,726 SF (38%) is
open area.
b. Current Zoning: C-512
c. Adjacent Properties
Zonincl Current Land Use
North: CR-512 County Road 512 CR-512
East: C-512 Vacant C-512
South: C-512 Vacant C-512
West: C-512 Vacant C-512
d. Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
($) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
· Future Land Use:
Traffic Circulation:
Housing:
Public Facilities:
Coastal Management:
Future Land Use
.59 acres
Vacant
St. Lucie
Scrub, Oaks, Pines
zone x
Indian River County Utilities
indian River County Utilities
Barber Street Sportsplex - 1 mile
Indian River Fire - 1 mile
Sebastian Police -2 miles
consistent
consistent
consistent
consistent
consistent
2
f. Conservation:
Recreation and Open Space:
Contents of Site Plan:
a,
b.
C.
d,
e.
f.
mm
consistent
consistent
paved
open (required = 20%)
setbacks: provided
lot configuration: provided
finished ground floor elevation: provided - 24.80 feet
contours and designating number of dwelling units:
square footage of site: provided - 25,600 SF
building coverage: provided 2,798 SF = 10.9%
square footage of paved areas and open area:
15,874 SF = 62%
9,726 SF = 38%
Front
Side (East)
(West)
Rear
Provided Required
74' 74'
37' 10'
10' 10'
12' 10'
N/A
scaled drawings of the sides, front and rear of the building or
structure: provided - preliminary design complies with criteria
established in Article XXI - Overlay District requirements.
generalized floor plan indicating uses and square footage of each
proposed use within each building or structure: provided
Building exterior construction materials and color: provided -
Shingled roof: dark grey with blue tint and Masonry walls: Grey
building height: provided - 20'
location and character of all outside facilities for waste disposal,
storage areas, or display: provided
location and dimensions of all curb cuts and driveways: provided
number of spaces with their location and dimensions: provided
11.
12.
VB
X=
aa.
ac.
location
provided
details of off-street parking and loading areas
requirements of Sec 20A-8.1): provided
all off-street vehicular surfaces available for maneuvering: provided
surface materials: provided
number of employees: N/A
type of vehicles owned by the establishment: N/A
If there is a combined off-street parking facility,
agreements: N/A
Location of all pedestrian walks, malls, yards and open spaces:
open spaces provided
location, size, character, and height or orientation of all signs:
provided - sign is to be monument style no taller than 10'.
and character of landscaped areas and recreation areas:
location,
utilities:
(including
required
design and character of all public, semi-public, or private
provided
location, height and general character of perimeter or ornamental
wails, fences, landscaping: provided
surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida: provided
location of existing easements and right-of-way:
provided
Land survey with complete legal description prepared and certified
by a registered surveyor: provided
Verified statement showing each and every individual person having
a legal and/or equitable ownership interest in the subject property:
provided
provided
Site location and character of use:
Appearance site and structures:
a.
bB
harmonious overall design: Yes
location and screening of mechanical equipment, utility hardware
and waste storage areas: yes
4
13.
14.
'15.
c. commercial and industrial activities conducted in enclosed
buildings: N/A
d. exterior lighting: provided - applicant is proposing no exterior lights
except those to be located inside the carwash bays and under the
vacuum.
Access, internal circulation, off-street parking and other traffic impacts:
a. internal circulation system design and access/egress
considerations: provided
b. separation of vehicular and pedestrian areas: provided
Traffic impacts: provided
Open space and landscape (including the requirements of Sec. 20A-13.1
and Sec. 20A-14.1):
a. Name, address and phone number of the owner and designer:
provided
b. North arrow, scale and date, minimum scale of one inch equals fifty
(50) feet: provided
c. Property lines, easements, and right-of-way with internal and property
'line dimensions: provided
d. Location of existing or proposed utility service: provided
e. Location and size of any existing or proposed structures: provided
f. Location and size of any existing or proposed site features, such as
earthen mounds, swales, walls and water areas: provided
g. Location and size of any existing or proposed vehicular use area:
provided
h. Location and size of any existing or proposed sidewalks, curbs, and
wheel stops: provided
i, Location of sprinkler heads, hose bibs, or quick cupplers and other
information on irrigation: provided
5
16.
17.
18:
Calculations of required type, dimensions and square footage of
landscape materials and of required landscape areas, including: total
site area, parking area, other vehicular use area, percentage of non-
vehicular open space, perimeter and interior landscape strips, and
required number of trees: provided
C.R. 512
4 canopy and 5 understory/100 ft. (135')
6.0 canopy and 7 understory required and provided
South property line
East property line
West property line
135/25 5.4 (6)
138/35 3.94 (4)
138/35 3.94 (4)
Parking Area 1 tree/5 spaces (10) 2
NOS 9,726/2000 4.86 (5)
Total required 34
Total provided 49
The proposed landscape design exceeds the Riverfront Overlay District
Landscape regulations.
k. Location of required landscape areas and dimensions: provided
Location, name, height and size of all existing plant material to be
retained: provided
Location, size, height and description of all landscape material
including name, quantity, quality, spacing, and specified size and
specification of all plant materials: provided
Height, width, type, material and location of all barriers of nonliving
material: provided
Location, dimensions and area of landscaping for freestanding signs:
provided
Show all landscaping, buildings, or other improvements on adjacent
property within five (5) feet of the common property line:
provided
Required screening of abutting residential and nonresidential uses:
provided - A rear yard buffer strip has been included pursuant to Section 54-3-
14.16 in order to provide sufficient screening of the commercial development
from abutting residentially zoned properties.
Flood prone land and wetland preservation: N/A
Surface water management:
provided
6
19: Available potable water: Indian River County Utilities
20: Wastewater service:
Indian River County Utilities
21: Soil erosion, sedimentation control and estuary protection: provided
22:
Additional considerations: Appendix A of the Land Development Code -
Master Plan for Parking and Curb Cut Controls within the C-512 Zoning District -
identifies lot 13 as a location for a permanent curb cut. The applicant is
proposing to locate the permanent curb cut on lot 15 as part of their site plan
development.
Additionally, all site plans for development within the C-512 district shall include a
dedicated easement for cross-access and utility purposes. The easement shall
run the length of the site and include a depth of seventy-four (74) feet adjacent to
the frontage along County Road 512. The site plan design has incorporated the
necessary cross-access easement as required by code. However, the code also
requires a recorded easement dedication. Therefore, the applicant will be
required to submit the completed and recorded form.
23. City Engineer's review:
24.
Analysis: The applicant has filed for site plan review for the proposed
development of a commercial car wash facility along CR 512 just East of Barber
Street. The proposed development for the subject parcel is for construction of a
2,798 SF five-bay self service carwash facility, together with associated parking,
water and sewer service, drainage, and landscaping. Access to the site will be
accomplished via a right-in, right-out driveway connection to CR-512 and a cross
access easement as required by code is being provided to the neighboring
properties. Lot 13 is designated as a site for a permanent curb cut along CR-512
and the applicant is proposing the driveway be located on lot 15. Proposed
water and wastewater service to the site will be accomplished via connection to
Indian River County Utilities. Stormwater runoff for the proposed development
will be routed to an on-site retention area. The site contains .59 acres, or 25,600
SF of total land area. Of which, 15,874 (62%) is impervious surface and 9,726
SF (38%)is open area.
26.
Conclusion: The proposed car wash is consistent with all regulations as
established by the Comprehensive Plan, Land Development Code and Code of
Ordinances.
27.
Recommendation: Staff recommends approval of the Chestnut 512 Car Wash
site plan contingent upon the following:
1. Applicant must obtain special use permit approval from the City Council.
easement along CR-512.
Applicant shall submit the recorded deed of easement for the cross-access
DATE
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST 3, 2000
This meeting was voice broadcast over Charter Communication Cable Television Channel 35,
Chairman Schulke called the meeting to order at 7:03 pm.
The Pledge of Allegiance was said.
ROLL CALL:
PRESENT:
Mr. O'Donnell
Chmn. Schulke
Mr. Smith
Ms. Carbano(a)
EXCUSED ABSENCE: VC Mather
ALSO PRESENT:
ANNUNCEMENTS:
Mr. Mahoney
Mr. Barrett
Ms. Vesia
Tracy Hass, Growth Management Director
Dorri Bosworth, Secretary
Rich Stringer, City Attorney
Chmn. Schulke announced that City Council has appointed Mr. Sm[th to full member
status.
He noted that VC Mather is excused from tonight's meeting and Ms. Carbano(a) will be
voting in his place.
APPROVAL OF MINUTES: (7/20/00)
MOTION by Barrett/Vesia
I recommend we approve the minutes of July 20, 2000.
A voice vote was taken. 7 - 0, motion carried.
NEW BUSINESS:
Attorney Stringer explained the Public Hearing and. Quasi Judicial Hearing process.
A. Recommendation to City Council - Public Hearing - Special Use Permit-
Car Wash Facility - C512 Zoning District - K. Chestnut
Randy Mosby of Mosby & Associates, Veto Beach, FL, was present representing the
applicant. Randy and Tracy Hass were sworn in by the Chairman.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF AUGUST 3, 2000
Mr. Mosby gave a brief presentation and addressed the drainage issue and the condition
of the alley.
Tracy Hass.gave staff presentation which recommended approval of the. special use
permit and the site plan with two conditions as outlined in the staff report.
Mr. M.osby noted that the applicant is in the process of obtaining permits from Indian
River County Utilities for a lift station and the water flow will be completely self-
contained. He also noted that the water will be recycled with minimal discharge to public
sewer. There was further discussion of the water source and disposal. It was also
noted that this facility will have a restroom.
Chmn. Schulke opened the public hearing at 7:23.
Mr. Arthur Harris, 861 Dale Circle, commented that the two other car washes in town are
enough, and spoke in opposition to this application. Ms. Shirley Harris of the same
address spoke on this issue also.'
Ms. Mary Rose McCarthy, 874 Wentworth St., spoke in opposition to this permit.
The issue of hours of operation were discussed and Mr. Hass noted that this is an issue
that can be addressed. Mr. :Mosby noted the buffers for the lights and suggested
installing an eight (.8) foot fence, and commented that this applicant would comply with
the same hours of operation as allowed at the car wash facilities on U.S. #1. It was
noted that an eight (8) foot fence would have to be approved by Planning and Zoning.
The issue of stop bars, stop signs, and the placement of the sidewalk and bike path
were discussed. Mr. Mosby agreed to include an additional stop bar and another stop
sign at the property line.
Mr. Hass read parts of the code that pertain to "drive-through facilities".
Ms. McCarthy spoke again about the hours of operation.
Mr. Kenneth Chestnut, 9848 - 88th St.,. Vero Lakes Estates, one of the owners of the car
wash, spoke of his desire to keep a clean car wash and be on good terms with the
neighboring residents. He expressed his opinion that 10:00 pm seemed like a
reasonable time to close this facility.
John Scherer, 841 Wentworth Street, agreed with a 10:00 pm closing time, and
commented on the water usage and disposal.
Chmn. Schulke closed the public hearing at 7:51 pm.
Mr. Barrett suggested the Commission consider the 10:00 pm closing time as a condition
of approval. Mr. Smith also noted the sidewalk issue. The members also mentioned the
eight (8) ft. high opaque fence.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF AUGUST 3, 2000
There was a discussion about installing a masonry fence, and the owner agreed to a
masonry wall, eight (8) feet high.
MOTION by .Barrett/Smith
i'll make a motion we recommend to City Council approval of the special use
permit including the recommendations by staff, but also including
recommendations from the Commission that a stop sign be installed on property
side of the sidewalk on egress, an eight (8) foot masonry wall be installed instead
of the six (6) foot wall shown on the plan, that hours of operation be from 7:00 am
to 10:00 pm.
Roll call:
Mr. Barrett - yes Chron. Schulke - yes
Ms. Vesia - yes Mr. Mahoney - yes
Mr. Smith - yes Mr. O'Donnell - yes
Ms. Carbano(a) - yes
The vote was 7 - 0. Motion carried.
B. Quasi-Judicial Hearing - Site Plan Review - Chestnut 512 Carwash -
Lots 12 thru 15, Block 186 - Fellsmere Road
Chmn. Schulke opened the hearing at 7:55 pm. No ex parte' communications were
reported.
Randy Mosby made note of his prior testimony and made himself a~z. ailable to answer
any questions. He noted that the auto vacuums will make very little noise.
Mr. Hass noted that his previous presentation stands for this hearing.
There were no Presentations from proponents or o.pponents and the Chairman closed
the hearing at 7:59 pm.
MOTION by Barrett/Smith
I'll recommend that we approve the site plan for the Chestnut 512 Carwash
based on the conditions established in the special .use permit previously
approved.
Roll call:
Ms. V~sia - yes Mr. Barrett - yes
Mr. O,Donnell - yes Mr. Mahoney - yes
Mr. Smith - yes Ms. Carbano(a) - yes
Chron. Schulke - yes
The vote was 7 - 0. Motion carried.
(A break was taken from 8:01 to 8:14 pm, with all members previously present
returning.)
SITE
LOCATION
SiTE· INFORMATION
OWNER
KEN CHESTNUT
855 11TH AVENUE, S.W.
VERO 0-----~CH, FLORIDA 32962
561-563-0904
SURVEYOR
DAVID M. JONES
2345 14TH AVENUE
VERO BF. ACH, FLORIDA 32960
561-567-9875
ZONING
C-512
LAND USE
COMMERCIAL 512 DISTRICT
r.D C:) .
C'~ C,4
OCT 0 5 2OOO =~ ,,..i ~
..............A~ee,
8 ~. "' 0.?. ,,.
MAP {~ d
of S bastian, Florid
Subject: 75th Anniversary Celebration
Approved. for Subml~al by~
T er~ee~ o o r e,"l~}t~ir~ager /
Agenda No, ~-//~_~
Department Ori '~.' Plfl~lic~W/olr~
Dept. Head: ,.,~~
Date Submitted: 10/18/00
For Agenda of:
10/25/00
Exhibits:
EXPENDITURE.
REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
The Agenda transmittal approved by City Council on October 11th, 2000 closing Indian
River Drive from Harrison Street to south of the Good Guys Property was incorrect.
The 75th Anniversary Committee needs to close Indian River Drive from Coolidge Street
to Harrison Street and the east end of Fellsmere Road at Indian River Drive.
RECOMMENDATION
Move to approve the new location for the Indian River Drive road closing.
City of Sebastian, Florida
Subject: Agreement/Florida Inland Agenda No. 1~- ~)/~
Navigation District Waterways
Assistance Program Department Origin: City Manager
Date Submitted:
For Agenda of:
10/13/00
10/25/00
Exhibits: Agreement/Florida Inland Navigation District Waterways Assistance
Program
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: N/A N/A REQUIRED:
SUMMARY
The attached Project Agreement between the City of Sebastian and the Florida Inland
Navigation District Waterways Assistance Program is for boat mooring and shoreline
restoration, site work and landscaping improvements. The final award allocation from the
Florida Inland Navigation District Waterways Assistance Program is in the amount of
$170,000.
RECOMMENDED ACTION
Move to authorize the City Manager to execute the Project Agreement between the City of
Sebastian and the Florida Inland Navigation District Waterways Assistance Program for boat
mooting and shoreline restoration, site work and landscaping improvements, in the amount of
$170,000.
FLORIDA INLAND NAVIGATION DISTRICT
COMMISSIONERS
TED B. MOORHEAD
CHAIR
BREVARD COUNTY
CHARLES R. FAULKNER
VICE-CHAIR
FLAGLER COUNTY
JO ANN ALLEN
SECRETARY
ST. LUCIE COUNTY
CATHLEEN C. VOGEL
TREASURER
MtAMI-DADECOUNTY
M. BRENTWADDELL
MARTIN COUNTY
LAURENCE D. LOCKER
BROWARD COUNTY
GEORGE E BUNNELL
INDIAN RfVER COUNTY
PIERRE D. THOMPSON
S~ JOHNS COUNTY
THOMAS P. JONES, JR.
DUVAL COUNTY
GRAYCE K. BARCK
VOLUSIA COUNTY
JI-ANG SONG
PALM BEACH COUNTY
DAVID K. ROACH
EXECUTIVE DIRECTOR
MARK T. CROSLEY
ASSISTANT EXECUTIVE DIRECTOR
October 03, 2000
Mr,. Terrance R. Moore
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Indian River Waterway Enhancement
Dear Mr. Moore:
Enclosed, for your signature, are two original project
agreements for your approved Waterways Assistance Program
project .for fiscal year 2000-2001. Once they have been
executed, please return both originals to me for execution by
the District. When returning the agreements, also include an
executed Exhibit C, Hatching Funds Form.
I will return one fully executed original agreement to you for
your files. Should you have any questions please contact me.
Since. f~ly~, ,~, ,.,
Hark Crosley ~'
Assistant Executive Director
ADMINISTRATIVE OFFICE ON THE INTRAOOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MAROINSKI ROAD, JUPITER, FLORIDA33477-9498 TELEPHONE 561-627-3386 FAX NO, 561-62&6480
www, aicw. org
FLORIDA INLAND NAViGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. IR-SE-00-29
This PROJECT AGREEMENT made and entered into this day of
, 200_ by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the City of Sebastiar~ (hereinafter the t'PROJECT
SPONSOR").
In consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the
Florida Adminislxative Code (Exhibit "A"), the DISTRICT has determined to provide
assistance funding to the PROJECT SPONSOR in furtherance of an approved project
('tPROJECT") consisting of the Indian River Waterway Enhancement. Said project is
more specifically described in the PROJECT SPONSOR'S Waterways Assistance
Application, which is on file at DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior
written approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the
PROJECT prior to the execution of this Agreement unless specifically authorized by the
DISTRICT Board and shall complete the PROJECT and submit all required payment
reimbursement information on or before September 1, 2002~ unless the PROJECT
period has been extended with the prior written approval of the DISTRICT. In no event,
however, shall the PROJECT period extend beyond three (3) years fxom the October 1,
2000. The PROJECT SPONSOR acknowledges there are no provisions to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2003, and
that any extension of funding beyond this date shall be at the sole discretion of the
DISTRICT.
Any request for extension of funding beyond the date set forth in the preceding
paragraph shall require submittal by the PROJECT SPONSOR of a request for extension
to the DISTRICT no later than July 1, 2002. This request will then be considered by the
DISTRICT Board, whose decision shall be final.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than
F. orty percent (40%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of
this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the
PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement
basis only, and only for those authorized PROJECT COSTS as shown in Extfibit B and
meeting the requirements of Paragraph 5 below and shall not, in any event, exceed
$170,000.00.
4. MATCHING YUNDS - The PROJECT SPONSOR warrants and
represents that it .has the PROJECT SPONSOR Match Amount (the PROJECT
AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the
PROJECT and shall, prior to the execution of this Agreement, have provided the
DISTRICT with suitable evidence of the availability of such funds using DISTRICT
Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with
access to applicable books and records, financial statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and
efficient accomplishment of the PROJECT and must be directly allocable thereto.
PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be
incurred and work performed within the PROJECT period, with the exception of pre-
agreement costs, if any specifically identified in Paragraph 6 below, which are also
eligible for reimbursement by the DISTRICT.
and in accordance with
administration, inspection,
surveying costs.
6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT
SPONSOR fully understand and agree that there shall be no reimbursement of funds by
the DISTRICT for any obligation or expenditure made prior to the execution of this
Project Agreement.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be
reported to the DISTRICT and summarized on the Payment Reimbursement Request
Form (Form #90-20) attached as Exhibit D. Supporting documentation including bills and
canceled payment vouchers for expenditures shall be provided to the DISTRICT by the
PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in
support of the PROJECT COSTS included in payment requests shall be subject to review
and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit
expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT,
upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT.
The DISTRICT shall retain ten percent (10%) of each installment payment until the
completion of the PROJECT.
The following costs, if authorized in the attached Exhibit B shall be reimbursed
only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT
Exhibit A: personnel, equipment, project management,
and design, permitting, planning, engineering, and/or
The DISTRICT shall have the right to withhold any payment hereunder, either in
whole or part, for non-compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon
completion of the PROJECT, shall submit to the DISTRICT a request for final
reimbursement of the PROJECT AMOUNT less any prior installment payments. The
Payment mounts previously retained by the DISTRICT shall be paid upon (1) receipt of
3
the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full
completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3)
submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4)
submission of a photograph of the PROJECT showing the sign required by Paragraph 17.
Unless otherwise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all
records supporting the PROJECT COSTS for three (3) years after the end of the fiscal
year in which the Final Payment is released by the DISTRICT, except that such records
shall be retained by the PROJECT SPONSOR until f'mal resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the three-
year retention period.
10. NONCOMPLIANCE - The DISTRICT shall have the right to
reimbursement, either in whole or part as it may determine, of the funds provided
hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this
Project Agreement. Upon notification from the DISTRiCT, the PROJECT SPONSOR
shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph
shall survive completion of the PROJECT.
11. DISTRICT PROJECT MANAGER - The Executive Director, or his
designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this
Project Agreement and shall be responsible for monitoring performance of its terms and
conditions and for approving all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT The PROJECT SPONSOR shall
appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT
upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR
relative to the provisions of the Project Agreement.
4
13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT
shall submit to the DISTRICT project status reports during the PROJECT term. These
Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings,
engineering drawings, and a copy of the Project bid award construction item cost list will
be submitted as available. Photographs .shall be submitted when appropriate to reflect the
work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the
reporting schedule in Exhibit G may result in revocation of this Agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all
federal, state and local perm/ts and all applicable laws and regulations in the development
of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be
designed and constructed in compliance with state and federal statutory requirements for
accessibility by handicapped persons as well as all other federal, state and local laws,
roles and requirements,
15. NON-DiSCRiMINATION - The PROJECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the
general public without regard to age, sex, race, physical handicap, or other condition, and
without regard to residency of the user in another political subdivision. When such is
required, adeqUate parking shall be made available by the PROJECT SPONSOR to
accommodate vehicles for the number of persons for which the PROJECT is being
developed.
16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the
PROJECT site shall be dedicated for the public use for a minimum period of twenty-five
(25) years after completion of the PROJECT, such dedication to be in the form of a deed,
lease, management agreement or other legally binding document. Any change in such
dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR
shall record evidence of such dedication within the Public Records of the County in
which the PROJECT is located.
17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a
permanent sign, approved by the DISTRICT, in a prominent location at the completed
project which shall indicate that the DISTRICT contributed funds for the PROJECT. The
wording of the sign required by this paragraph shall be approved by the DISTRICT's staff
before construction and installation of said sign. This sign shall contain the DISTRICT
logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the
SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's
participation.
18. PROJECT MAINTENANCE When and where applicable, the
PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life
of the PROJECT improvements and will pay all expenses required for such purposes. The
PROJECT improvements shall be maintained in accordance with the standards of
maintenance for other local facilities and in accordance with applicable health standards.
PROJECT facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The PROJECT
SPONSOR warrants and represents that it has full legal authority and financial ability to
operate and maintain said PROJECT facilities and improvements.
19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be
solely responsible for the wrongful acts of its employees, contractors and agents.
However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR
acknowledges that the DISTRICT, its employees, commissioners and agents are solely
providing funding assistance for the PROJECT and are not involved in the design,
construction, operation or maintenance of the PROJECT.
20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable
request, to inspect said PROJECT and any and all records related thereto at any time.
21. RIGHTS AND DUTIES - The rights and duties arising under this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns, and shall, unless the context clearly requires otherwise,
survive completion of the PROJECT. The PROJECT SPONSOR may not assign this
Agreement nor any interest hereunder without the express prior written consent of the
DISTRICT.
22. WAIVERS - Waiver of a breach of any provision of this Agreement shall
not be deemed a waiver of any other breach of the same or different provision.
23. NOTICE - Any notice required to be given pursuant to the terms and
provisions of this Agreement shall be in writing, postage paid, and shall be sent by
certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477-9498
To PROJECT SPONSOR at:
City of Sebastian
Attention: City Manager - City Hall
1225 Main Street
Sebastian, FL 32958
24. NO JOINT VENTURE - The DISTRICT's role with respect to the
PROJECT is that of a funding assistance authority only and the DISTRICT is not, and
shall not be considered to be, an agent, partner, or joint venturer with the PROJECT
SPONSOR,
25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. Ia
the event the PROJECT SPONSOR transfers ownership or management of the PROJECT
to a party or parties not now a part of this document, other than another governmental
entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder,
the DISTRICT retains the ,fight to full reimbursement from the PROJECT SPONSOR to
the full extent of the funding assistance provided by the DISTRICT, including but not
limited to any costs and reasonable attorney's fees (regardless of whether litigation
ensues) incurred by the DISTRICT in collecting said reimbursement.
27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits
made a part'hereof, embodies the entire Agreement and understanding of the parties and
supersedes all prior oral and written communications between them. The terms hereof
may be modified only by a written amendment signed by both parties hereto.
28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the
PROJECT SPONSOR institutes any action or suit to enforce the provisions of this
Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and
attorney's fees at the trial, appellate and post-judgment levels. The venue of any such
litigation shall be had only in Palm Beach County, Florida.
[This space intentionally left blank]
1N WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WITNESSES:
FLORIDA INLAND NAVIGATION DISTRICT
By:
DATE:
CHAIR
WITNESSES:
PROJECT SPONSOR
By:
Title:
DATE:
EXHIBIT A
CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM
66B-2.001 Purpose.
66B-2.002 Forms.
66B-2.003 Definitions.
66B-2.004 Policy.
66B-2.005 Funds Allocation.
66B-2.006 Application Process.
66B-2.0061 Emergency Applications.
66B-2.007 Application Form.
66B-2.008 Project Eligibility.
66B-2.009 Project Administration.
66B-2.010 Project Agreement.
66B-2.011 Reimbursement.
66B-2.012 Accountability.
66B-2.013 Acknowledgement.
66B-2.001 -- Purpose.
Recognizing the importance and benefits of inland navigation channels and
waterways, as well as noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature created s.
374.976, Florida Statutes. This law authorizes and empowers each inland
navigation district to undertake programs intended to alleviate the problems
associated with its waterways. The purpose of this rule is to set forth the District's
policy and procedures for the implementation of an assistance program under s.
374.976, F.S., for local governments, member counties and navigation related
districts within the District. This program will be known hereafter as the Florida
Inland Navigation District's Waterways Assistance Program.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Formerly
16T-2.001.
66B-2.002 -- Forms.
All forms for the administration of this program are available from the District
office located at 1314 Marcinski Road, Jupiter, Florida 33477.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History m New 12-17-90, Formerly
16T-2.002.
66B-2.003 -- Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an
application through this program.
(2) "APPLICATION" means a project proposal with the required docUmentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for
submitting applications to the District.
(4) "BEACH RENOURISHMENT" means the placement of sand on a beach for
the nourishment, renourishment or restoration of a beach.
(5) "BOARD" means the Board of Commissioners of the Florida Inland
Navigation District.
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local
governments and navigation related districts within the taxing boundaries of the
District.
(8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida
Inland Navigation District.
(9) "LIAISON AGENT" means the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
2
first come, first served basis without any qualifying requirements such as club
membership, stock ownership, or differential in price.
(23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
concerning the tax and budget of the District.
(24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable
rivers, bays, creeks or lagoons intersected by said waterway and all navigable
natural creeks, rivers, bays or lagoons entering or extending from said waterway.
(25) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an
interdisciplinary holiStic process by which the learner develops an awareness of
the natural and manmade environments of waterways; develops knowledge about
how the environment of the waterways works; acquires knowledge about the
technological, social, cultural, political, and economic relationships occurring in
waterway related environmental issues; and, becomes motivated to apply action
strategies to maintain balance between quality of life and quality of the
environment of waterways.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended
9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98.
66B-2.004 -- Policy.
The following constitutes the policy of the District regarding the administration of
the program:
(1) Financial assistance, support and cooperation may be provided to eligible
governmental agencies for approved projects as follows:
(a) Member counties may be provided financial assistance, support or
cooperation in planning, acquisition, development, construction, reconstruction,
extension, improvement, operation or the maintenance of public navigation,
public recreation, inlet management, environmental education, law enforcement
and boating safety projects directly related to the waterways. Member counties
(3) Approval of projects by the District shall be in accordance with these rules.
(4) The District and the project sponsor shall enter into a project agreement prior
to the release of program funds.
(5) The project sponsor shall clearly identify and enumerate the amount and source
of the matching funds it will be using to match the program funds supplied by the
District for an approved project. The project sponsor shall provide suitable
evidence that it has the matching funds available at the time the project agreement
is executed.
(6) The District shall release program funds in accordance with the terms and
conditions set forth in the project agreement. This release of program funds shall
be on a reimbursement only basis.
(7) The site of a proposed land-based development project shall be dedicated for
the public use for which the project was intended for a minimum period of 25
years after project completion. Such dedication shall be in the form of a deed,
lease, management agreement or other legally binding document and shall be
recorded in the public property records of the county in which the property is
located. This property control requirement also applies to a project site owned by
another governmental entity. The governmental entity that owns the project site
may be joined as a co-applicant to meet this property control requirement.
(8) Facilities funded in whole or in part by program funds shall be made available
to the general public of all of the member counties on a non-exclusive basis
without regard to race, color, religion, age, sex or similar condition.
(9) The project sponsor shall not commence work on an approved project Prior to
the execution of the project agreement unless authorized by the Board during the
review and funding approval process. Pre-agreement expenses will be authorized
if they are less than fifty (50) percent of the project's total cost and if the expenses
are eligible project expenses in accordance with this rule.
(10) The project shall be completed within three (3) years of the date beginning of
the District's first fiscal year for which the project was approved. If the completion
improvements shall be kept reasonably safe and in reasonable repair to prevent
undue deterioration and to encourage public use. The project sponsor shall have
full legal authority and financial ability to operate and maintain the project
facilities.
(16) The District shall terminate a project agreement and demand return of
program funds disbursed to the project sponsor for non-compliance with any of the
terms of the project agreement or this rule. Failure of a project sponsor to comply
with the provisions of this rule or the project agreement shall result in the District
declaring the project sponsor ineligible for further participation in the program
until such time as compliance has been met to the satisfaction of the District.
(17) All public marina projects funded through this program shall include sewage
pumpout facilities for vessels, unless the applicant can demonstrate that inclusion
of such a facility is physically, operationally or economically impracticable.
(18) Public information produced with assistance from this program shall not be
copyrighted and shall be provided free of cost, except for the cost of reproduction,
to the publilc.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History -- New 12-17-90,
Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99.
66B-2.005 -- Funds Allocation.
The Board will allocate funding for this program based upon the District's overall
goals, management policies, fiscal responsibilities and operational needs for the
upcoming year. If funds are determined to be available for the program, the
District will notify potential eligible governmental agencies of the availability of
program funding. Applications will be reviewed by the Board utilizing District
Forms No. 91-25 Waterways Assistance Program Application Evaluation and
Rating Form, and 91-25A Waterways Assistance Program Navigation Districts
Application Evaluation and Rating Form, (effective date 2-6-97) hereby
incorporated by reference and available from the District office.
inlet management or beach renourishment project. Funding for the construction
phase of an inlet management or beach renourishment project may be approved by
the District Board for a multiple year period subject to budgeting and allocation
pursuant to the provisions of Chapter 200, F.S. Additionally, the following
provisions shall be met for inlet management or beach renourishment projects:
(a) Inlet Management
1. Inlet management projects shall benefit public navigation within the District
and shall be consistent with Department of Environmental Protection approved
inlet management plans and the statewide beach management plan pursuant to s.
161.161, F.S. Inlet management projects that are determined to be consistent
with Department of Environmental Protection approved inlet management plans
are declared to be a benefit to public navigation.
(b) Beach Renourishment
1. All projectg in this category shall be consistent with the statewide beach
management plan. Beach renourishment projects shall only include those beaches
that have been adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project. The determination of beach areas
that are adversely impacted by navigation for the purposes of this program shall
be made by Department of Environmental Protection approved inlet management
plans. If state funding is not provided for a beach project, public access with
adequate parking must be available in accordance with s. 161, F.S.
(5) Eligible projects or project elements in the categories of public navigation, law
enforcement and environmental education include:
(a) Public navigation
1. Navigation channel dredging
2. Navigation channel lighting and markers
3. Waterway signs and buoys for safety, regulation or information
(b) Law enforcement
1. Waterways boating safety programs
10
reference and available from the District office located at 1314 Marcinski Road,
Jupiter, FL 33477.
(2) Applications will be reviewed by the local FIND Commissioner before being
submitted to the District Office. Upon receipt in the District office, staff will
review the applications for completeness of the informational requirements
identified in the Application Checklist, FIND Form Number 90-26 (effective date
4-12-95) and for compliance with the eligibility requirements of this rule. If the
application is for a project that is a land based development project the applicant
shall submit an Attorney's Certification of Title, FIND Form Number 94-26
(effective date 4-12-95). When an application is determined by staff to be
incomplete or ineligible, staff will immediately inform the applicant by mail. The
applicant will then have until the date established by the Board in the application
package to bring the application into compliance. If the applicant fails to provide a
complete application in compliance with these rules, the application will not be
considered for funding.
(3) Applications determined to be complete and in compliance with this rule will
be forwarded to the Board for review and then scheduled for presentation to the
Board at a scheduled meeting of the Board. The applicant's presentation will at a
minimum include a discussion of the applicant's answers to the Evaluation and
Rating Criteria on Form No. 91-25. Following the presentations, the Board will
review the applications and evaluate them using the Project Evaluation and Rating
Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and
available from the District office.
(4) The total points awarded to each application by the Commissioners will be
averaged to determine an applications f'mai rating score. The final rating score for
each application must equal or exceed 35 points for the application to be
considered for funding assistance. Reconsideration of any application with a final
rating score of less than 35 points will only occur if the majority of the
Commissioners evaluating the project rated the project equal to or exceeding 35
66B-2.008 -- Project Eligibility.
(1) Financial assistance and support through this program shall be used to plan or
carry out public navigation, public recreation, environmental education, boating
safety, spoil site acquisition directly related to the waterways, inlet management,
environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
development, construction, reconstruction, extension, improvement, operation or
maintenance of the following types of projects for public use on land and water.
These project types will be arranged into a priority list each year by vote of the
Board. The priority list will be distributed
application.
1. Public navigation channel dredging
3.
4.
5'.
6.
7.
8.
9.
Public navigation aids and markers
Public boat ramps and launching facilities
Public boat docking and mooring facilities
Public shoreline stabilization
to applicants with the project
Inlet management projects that are a benefit to public navigation in the District
Waterway signs and buoys for safety, regulation or information
Public spoil disposal site development
Waterways related environmental education programs and facilities
10. Public fishing and viewing piers
11. Public waterfront boardwalks
12. Waterways boating safety programs and equipment
13. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project
14. Other waterway related projects.
d. Applicant's in-house design, permitting, planning, engineering or surveying
costs for completed construction project;
e. Applicant's other in-kind services.
Before reimbursement is made by the District on any of the costs listed in
subsection 1. or 2. above, a construction contract for the project, approved and
executed by the project sponsor and project contractor, must be submitted to the
District.
(d) Applications for eligible waterway projects which include construction
elements below mean high water will be submitted as a phased project where
Phase I will include the design, engineering and permitting elements and Phase II
will include the construction of the project. A description and cost estimate of the
Phase II work will be submitted along with the Phase I application for Board
review. Applicants for Phase II funding will demonstrate that the environmental
permitting element of Phase I will be completed prior to the tentative approval
date of funding for Phase II. Should the environmental permitting element of
Phase I of an application for a construction project not be completed by the
District's meeting where tentative funding decisions for this program will be made,
the Phase II project will not be considered for funding. An applicant may ~file a
petition pursuant to the rule waiver procedures ors. 120.542, F.S., and Chapter 28-
104, F.A.C., to extend the date for receipt of the required environmental permits.
Petitions filed pursuant to this rule section should be submitted to the District no
later than July 1st to facilitate the orderly process of this program and the
preparation of the District's fiscal year budget in which the assistance funds will be
included. The District will not deviate from the funding schedule, whereby
funding decisions are completed at the final TRIM hearing, to accommodate any
applicant filing a petition after that date.
(2) The Board will make all final decisions on the eligibility of a Project or
specific Project costs.
16
which certifies that the project was completed in accordance with the project
agreement and the final project plans.
(b) A final reimbursement request accompanied by all required billing
statements and vouchers.
(c) Photograph(s) showing the installation of the sign required by s. 66B-2.013.
(d) Photograph(s) of the completed project clearly showing the program
improvements.
(6) The project manager will review the project completion package and will
authorize or reject the final reimbursement payment, which will include all
retained funds from previous requests.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History- New 12-17-90, Formerly
16T-2.009.
66B-2.010 B Project Agreement.
(1) For each funded project, the District and the project sponsor will enter into a
project agreement setting forth the mutual obligations oft he parties concerning the
project..The project agreement shall incorporate the applicable policies and
procedures of' the program as outlined in this rule. Project agreements will be for a
two-year period with the possibility for one, one-year extension.
(2) All proposed changes to the project agreement must be submitted to the
District in writing by the project sponsor accompanied 'by a statement of
justification for the proposed changes. Agreed changes shall be evidenced by a
formal amendment to the project agreement and shall be in compliance with these
rules.
(3) All project agreement amendments shall be approved by the District board
except that the executive director may approve a minor project agreement
amendment for a project within a county with the local District commissioner's
concurrence. A minor project amendment shall not change the approved project's
18
66B-2.012 ..... Accountability.
The following procedures shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an accounting system that
meets generally accepted accounting principles and for maintaining such financial
records as necessary to properly account for all program funds.
(2) The project sponsor shall submit quarterly project status reports to FIND
during the project period. These reports will summarize the work accomplished
since the previous report, problems encountered, percentage of project completion
and any other appropriate information.
(3) All required final completion certification documents and materials as outlined
'in s. 66B-2.009(5) of this rule shall be submitted to the District prior to final
reimbursement of program funds.
(4) All project records including project costs shall be available for review by the
District or by an auditor selected by the District for 3 years after completion of the
project. Any such audit expenses incurred shall be borne entirely by the project
sponsor.
(5) The project sponsor shall retain all records supporting project costs for three
years after either the completion of the project or the final reimbursement
payment, whichever is later, except that should any litigation, claim, or special
audit arise before the expiration of the three year period, the project sponsor shall
retain all records until the final resolution of such matters.
(6) If it is found by any State, County, FIND, or independent audit that program
funds have not been used in accordance with this rule and applicable laws, the
project sponsor shall repay the misused program funds to the District.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Formerly
16T-2.012.
20
EXHIBIT B
FLO17J3)A INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE I~ROGRA_M
PROa-ECT COST ESTIMATE
(See Rule Sectian 66B-2,005 & 2.005 for eligibility and funding ratios)
PROJECT TITLE:
APPLICANT:
Project Elements
Quantity
(Number and/or
Footage)
Pier Replacement
1 @ 502' lon~ 6' wide (36 slips)
1 @ 450 lon~ 6' wide (28 slips)
Shoreline R~storati~a 250' x 8'
w/de
Estimated
Cost
$250,000
$125,000
Applicant's
Cost
$150,000
$ 75,000
FIND
Cost
$100,000
$ 50,000
$itework ar~TmndscaDi~g; - 2 A~'~'es
$ 50,000
$425,000
$ 30,000
$255,000
$ 20,000
$170,000
TOTALS
Form No. 90-25 ('New 10114/92)
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor:
Project Title:
Project #:
I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has
the required matching funds for the accomplishment of the referenced project in accordance
with the Waterways Assistance Program Project Agreement between the Florida Inland
Navigation District and the Sponsor, dated October 2000.
Project Liaison Name:
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 95-01
New 9~9~95
1
'EXHIBITD
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME:
PROJECT SPONSOR:
Amount of Assistance
Funds Previousty Requested
Batance Avaitabte
Funds Requested
Less Retainage (10%)
Check Amount
Balance Avaitabte
Less Check Amount
Balance Remaining
PROJECT NO.:
BILLING NO.:
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant
Cost
FIND
Cost
FIND - Form No. 90-24
Rev. 9/3/92
FIND - Form No. 90-24
Page Two
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
EXHIBIT D CONTINUED
SCHEDULE OF EXPENDITURES
Check No.
Vendor Name and Date
Tota[ Appticant RND
Cost Cost Cost
Certification for Reimbursement: I certify that the above expenses were necessary and reasonable
for the accomplishment of the approved project and that these expenses are in accordance with
Exhibit "B" of the Project Agreement.
Project Liaison
Date
FIND - Form Ho. 90-24
Rev. 9~3~92
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Project Completion Certification
Sponsor:
Project Title: Project #:
I hereby certify that the above referenced project was completed in accordance with
the Waterways Assistance Program Project Agreement between the Florida Inland
Navigation District and , dated
,20~, and that all funds were expended in accordance with
Exhibit "B" and Paragraph 1 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 90-13
Rev. 9/3/92
EXHIBIT F
WATERWAYS ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PRO,IF, CT NO.
PROJECT TITLE:
PROJECT SPONSOR:
oct 1-DEC 15
Report Due:
REPORT PERIOD
Dec 15-Mar 1
(Dec 31) (March 15)
Mar 1-June 15
(June 31)
__ June 15-Sep 1
(Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
FormNo.
95-02
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2000 -
DECEMBER 31, 2000 -
MARCH 15, 2001 -
JUNE 30, 2001 -
SEPTEMBER 15, 2001
DECEMBER 29, 2001 -
MARCH 15, 2002 -
JUNE 29, 2002 -
Project Agreement Executed, Project Initiates.
First Quarterly Report Due.
Second Quarterly Report Due.
Third Quarterly Report Due,
Fourth Quarterly Report Due.
Fifth Quarterly Report Due.
Sixth Quarterly Report Due.
Seventh Quarterly Report Due,
NOTE: If project will not be completed and all close out paperwork submitted by
September 1st, a request for an extension of the completion date of the project
should be submitted with the quarterly report.
SEPTEMBER 3, 2002 - Closeout paperwork due.
September 28, 2002 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check to sponsor.
NOTE: Any modifications to the PROJECT shall require advance notice and prior
written approval of the District. Appropriate timing for modifications to the project cost
estimate, Exhibit C, would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of the
project agreement.
EXHIBIT H
FLORIDA
INLAND
'NAVIGATI~ON
:DIS R'I CT
SE s qSTIAN
HOM~ OIr fl~.~ IS:,~D
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: City Clerk's Office Computer and Printer
Upgrades
Exhibits: Dell Quote - State Contract Price
Pomeroy Quote - State Contract Price
Mouring Quote
6/25/97 Minutes Excerpt
Agenda No.
Date Submitted: 10/19/00
For Agenda of: 10/25/00
Expenditure Required:
$20,127.93
Amount Budgeted:
$21,500.00
Appropriation Required:
SUMMARY STATEMENT
Computer and printer upgrades are budgeted in the FY 2000/2001 budget in the amount of
$21,500.
Attached please find Dell Computers' quote for six computers from state contract#250-040-99-1;
Pomeroy Government and Education Sales' quote for a Hewlett Packard 4500DN Color Laser
Printer from state contract #250-040-99-1; and Mouring/NCR quote for netware upgrades
supported by state contract; and installation/configuration in the total amount of $20,127.93.
All equipment has a three year warranty.
Mr. Mouring, NCR Technician, has maintained the City Clerk's Office computers since 1987 in an
exemplary manner, and is never more than a phone call away by modem to upgrade or correct
any problems we may have. A previous City Council approved NCR as a sole source for
continuing computer services for the City Clerk's Office, and Mr. Mouring has never failed us.
RECOMMENDED ACT/OI~
Approve purchase of City Clerk's Office computer and printer upgrades from Dell Computers and
Pomeroy Government and Education Sales, under state contract prices, netware upgrades
supported by state contract and installation/configuration by Bob Mouring, NCR, for a total of
$20,127.93
v~, ~tate uontract 260-040-99-1: E-quote Number: E000399981 Detail Page 1 of 3
1-800-891-DELL
Current Orderform [ Retrieve E-Quote [ Help
FL State Contract 250-040-99-1
E-quote Number: E000399981 ~ o~fth'e'
Click the "Detail View'' radio button to get (Jetailed descn tion
'p ' -quote.
Click "Request Sales Help" button if you need more information before you can place your order,
Send us your Ordefform and questions and get the answers you need to finalize your order.
Click "Place Order" button if you are ready to finalize the order.
This E.quote Is only available from this special cart. You cannot add new Items to an E-quote. If you leave this E-quote
page, you can retrieve It again (for up to 30 days from creation) by selecting "Retrieve E.quote" in the header navigation
bar.
Orderform Views;
Total Price*: $9,253.93
summary view (description) ~r Detail View (read only - detail view)
1
at 733 MHz
~, delete this item
Date:
Catalog Number:
Dimension L MicroTower:
Service:
Memory:
Hard Drive:
Monitor:
Web Tracking Code:
Video Card:
Optical Devices:
Modem:
Sound Card:
.Speakers:
Operating System:
M icrosoft~Office:
Keyboard:
Mouse:
Network Card:
Floppy Drive:
description quantity unit price
Dimension® L Series, Pentium® Iii Processor~15 .~ $1,256.00
item total
$6,29O.OO
~ update
Tuesday, October 03, 2000 8:19:27 AM CST
.84 RC962167
Dimension® L Series, Pentium® III Processor at 733 MHz
L73RN - [220-62161
3 Yr Next Business Day On-Site Parts &Labor, Getronics
W3OS- [900.1330J[900-1332]
128MB (1 DiMM)
128M - [311-0~. 10]
10 GB Ultra ATA Hard Drive (7200 RPM)
10 - [340-5936]
17" (16.0 viewable, .26DP) M781 Monitor
M781S - [320-6888]
Web Tracking Code for Internal Use
WWW - [460-9,052]
intel 3D AGP Graphics
IV - [412-5165][430-3900]
19/48X Max Variable CD*ROM Drive
CD48 - [313-3910]
No Modem Requested
N - [313-3607]
Soundblaster 64V Integrated
IS - [313-0630,]
No Speaker Option
N- [3134514]
Microsoft(D Windows® 98 Second Edition
W982 - [310-8921][412-5933][420-0300]
Microsoft® Office 2000 Small Business Plus Encarta 2000
2KEN- [412-0718][412-2612]
QuietKey~)Keyboard
W - [310-7002]
Logitech First Mouse+ Wheel (PS/2v)
LM - [310-0287]
Integrated Intel®l 0/100 Ethernet Controller
IN- [430-3101]
1.44MB Floppy Drive
3 - [340-7983].
$2,963.93 $2,963.93
entium® Iii 800MHz Processor
~'~----~, ttp ://rcommerce.us.dell.com/rcom~equoter3_det~l.i's;?
10/3/00
1> oe~ete tins item
Date:
Catalog Number:
Dell PrecisionTM Workstation 220
Minitower:
Web Tracking Code:
2nd Processor (must match speed
selection above):
Standard and Business Critical
Services:
Installation Services:
Memory:
'Graphics card:
1st Hard Drive:
2nd Hard Drive:
.Controller Card (needed with SCSi
hard drive):
Operating Sysiem:
Monitor:
tape BackupS)rive:
CD ROM and Read.Write Drives: .
Keyboard:
Mouse:
Floppy Drive:
Tuesday, October 03, 2000 8:19:27 AM CST
84 RC962167
Pentium® III 800MHz Processor
2T800 - [220-5872]
Web Tracl~ing Code for Internal Use
WWW - [460-9062]
No Second Processor
PRNO - [311-8754]
3 Year 4-hour 5 days/week x 10 hrs/day Parts and
Labor On-Site Service, IGS
13Y5X10 - [902-3520][902-3522[
No installation
NOINSTL - [9.00-9988]
256MB PC700 RDRAM® (1RIMMTM)
256N351 - [311-5501]
32MB nVIDIA TNT2 M64 4X AGP
NVAGP - [320-3960]
9GB Ultra 160/M SCSI (10,000 rpm)
9510- [340-9109]
9GB Ultra 160/M SCSI (10,000 rpm)
9S10A -.[340-6560]
Ultra 160/M SCSI Controller Card
S29160N - [340-6310]
Microsoft~ Windows® 98 Second Edition
W98SE - [420-3086]
No Monitor Option
N - [320-3316]
10/20GB SCSI TR-5 Tape Drive
TB 1020S- [340-9824]
20/48X IDE CD-ROM Drive
CD48 - [313,-4976]
Dell QuietKeyTM Keyboard
W - [310-6521]
'Logitech® First MouseTM + (2 button w/scroll)
WS - [310-1271].
3.5" 1.44MB Floppy Drive
3 - [340-9121]
Total Price* $9,253.93
II [
E-quote E000399981 Details
Saved By
Saved On
Expires On
Phone Number
Description
Notes / Comments
Purchasing Agent's Name
Notes I Comments
1-800-89;L-DELL
Sally Maio
9/28/2000
10/28/2000
new city clerk network
Sally Maio
new clerk network
Current Orderform
http://rcommerce.us.dell.com/rcomm/equoter3_detail.asp?
Retrieve E-(~uote [ Help
10/3/00
otat~ m monua mlorlnatlon Page 1 of 2
State Of Florida
GoVernment Pricing Index
Ordering, Availability, Order Status & Product
information Please Call:
Porn·roy's State Government Team:
800-864-8684 Press 0 and ask for the State Team
Please Send or Fax Orders to:
Porn·roy Computer Resources
Attn: Government Team
3740 S.St. Johns Bluf£Rd. Ste. 19
Jacksonville, FL 32224
Fax: 1-904-565-2312
or email requests to:
StateofFlorida~Pomeroy.com
Pomeroy Returns Policy
State Contract
#; 250.040.99.1
Remit to address:
Porn·roy Government &
Education Sales
PO BOX 640381
Cincinatti, OH 45264-
0381
Terms: Net 30 Days
FEID: 31-1227808
SPURS: F3-11-227808-
002
Cy Marshall Florida Government & Education Sales Manager
crnarshal@pomeroy.com (800) 864-8684 Ext. 311 · Fax (904) 565-2312
3740 S. St. Johns BluffRd. · Jacksonville, FL 32207
West
Florida
North
Florida
Cathy E. Hunt
chunt@pomeroy, com
Jane Vivas
jpeters@pomeroy.com
Cy Marshall
cmarshal@pomeroy.com
Marvin Almon
malmon@pomeroy.com
Government & Education Account Executive -
Tallahassee
Local # (850) 575-8900 · Fax (850) 575-8989 Pager 888-704-
6557
1560 Capitol Circle West, Suite 18 · Tallahassee, FL 32303
Government & Education Account Executive -
Jacksonville
(800) 864-8684 Ext 350 · Local # (904) 565-2300 · Fax (904) 565-2312
Government & Education Account Executive -
Jacksonville
(800) 864-8684 Ext 311 ® Local # (904) 565-2300 · Fax (904) 565-2312
Higher Education Account Executive - Jacksonville
(800) 864-8684 Ext 323 · Local # (904) 565-2300 · Fax (904) 56542312
3740 S. St. Johns BhffRd. · Jacksonville, FL 32207
http://customers.pmry, com/ja/stflor/main.htm
10/17/00
C7846AM-FL
C4103A-FL
C7851A-FL
37004-10
64MB 100 MHz Synchronous DRAM DIMM for the Laser Jet 4000 and
higher series printers. This DIMM may be used alone or in conjunction
with other DIMM memory or accessories.
HP Fast infrared Connect accessory for the HP LaserJet 8100 Family
Printers.Allows wireless printing from any IRDA Compliant PC or
Notebook PC.
HP 110V PM Kit for LaserJet 4000 / 4050 Preventive Maintenance Kit
with user installed replacement parts,
IEEE 1284 A to B Printer Cable, 3 m DB25 male to IEEE-1284 C male.
C2951A
$ 750.00 $ 372.00
$ 99,00 $ 55.00
$ 350.00 $ 193.00
$ 25.00 $10.00
37004-30
IEEE 1284 A to B Pdnter Cable, 10 m DB25 male to IEEE-1284 C male.
$ 49.00 $ 29.00
3627GY-7
7ft, 10/100 Cat5 Patch Cable for HP Network Printers
$10,00 $ 5.00
3827GY-25
25ft. 10/100 Cat5 Patch Cable for HP Network Printers
$19.00 $10.00
>EXTCARE-4050
>EXTCARE-
4050T/N
>EXTCARE-
4050TN
Warranty upgrade onsite labor years 2 and 3
Warranty upgrade onsite labor years 2 and 3
Warranty upgrade onslte labor years 2 and 3
$ 200.00
260,00
$ 320.00
Fla Product
Number
C4084A#ABA-FL
C4089A~¢,BA-FL
C4094A#ABA-FL
C4195A-FL
C4196A-FL
C4197A-FL
C4082A-FL
C4083A-FL
C7842AM*FL
C7843AM-FL
Laser Jet 4500
Description
HP Color Laser Jet 4500 Pdnter. 16 mono, 4 color ppm; up to legal size media; PCL
& PS 32MB; parallel; 2 EIO slots; 2 adjustable input trays: 400 pages total. All
consumables, drivers, & power cords./U.S, - English localization
HP Color Laser Jet 4500N Printer 16 mono, 4 color ppm; up to legal size media; PCL
& PS 64MB;parallel;10/100BaseTX EIO Card; 1 EIO slot; 2 adj. input trays 400
pages total; all consumables & ddvers,/U.S, - English localization
HP Color LaserJet 4500DN Pdnter 16 mono 4 color ppm; up to legal size media;
PCL & PS 64MB;parallel;10/100BaseTX EIO Card 1 EIO slot; 2 adj input trays, adj
500 sheet tray, 900 pages total; duplexer,/U.S. - English localization
HP Drum Kit, Color Laser Jet 4500, includes imaging drum. Drum yields about
25,000 black only pages and 6,250 four color pages.
HP Transfer Kit, Color Laser Jet 4500, includes transfer belt, transfer relier & 2 air
filters, Transfer kit yields about 100,000 black only pages and 25,000 four color
pages.
HP Fuser KitJ110 Volt/Laser Jet 4500. Includes fuser, 4 paper rollers & 2 air filters.
Fuser Kit yields about t 00,000 black only pages and 50,000 four color pages.
500 Sht Tray for HP 4500/N/DN Printer For use with CLJ 4500, 4500N, & 4500DN
(incl with DN). Accepts 50 to 105 g/m2 (16 to 28 lbs.) Media: A4/Ltr, Legat, Exec,JIS
B5 & B5 ISO,
Duplexer for HP CLJ 4500/N/DN Printers, For use with CLJ 4500, 4500N, & 4500DN
(incl with DN). Minimum 40MB needed in printer. Need to add minimum 8MB to CLJ
4500,
8MB 100 MHz Synchronous DRAM DIMM for the Laser Jet 4000 and higher series
printers, This DIMM may be used alone or in conjunction with other DIMM memory
or accessories.
16MB 100 MHz Synchronous DRAM DIMM for the LaserJet 4000 and higher series
printers. This DIMM may be used alone or in conjunction with other DIMM memory
or accessories,
http://customers.pmry, com/jaJstflor/stflorhP.htm
Fla State Gov.
List Price Price
$ 3,175,00 $ 2,063.00
$ 3,735.00 ~$ 2,426.00
$ 5,065.0~
$103.50 $ 57.00
$ 240.00 $ 132.00
$ 280.00 $154.00
$ 620.00 tS 349,00
$ 650,00 $ 366.00
$120.00
$ 210.00
$ 59.00
Page 4 of 9
C7845AM-FL
C7846AM-FL
32MB 100 MHz Synchronous DRAM DIMM for the LaserJet 4000 and hlgher series
printers. This DIMM ma), be used alone or in conjunction with other DIMM memory
or accessories.
64MB 100 MHz Synchronous DRAM DIMM for the Laser Jet 4000 and higher series
printers, This DIMM may be used alone or in conjunction with other DiMM memory
or accessories.
$ 399.00 $198.00
$ 750,00 $ 372.00
37003-10
37003-25
IEEE 1284 A to C Printer Cable, 3 m DB25 male to IEEE-1284 A to C male. C2946A
IEEE 1284 A to C Printer Cable, 10 m DB25 male to IEEE-1284 A to C male.
C2947A
$ 25,00 $13.00
49.00 $ 26.00
3827GY-7
7ft. 10/100 Cat5 Patch Cable for HP Network Printers
10.00 $ 5.00
3827GY-25
>EXTCARE-4500
>EXTCARE-4500N
25ff, I0/100 Cat5 Patch Cable for HP Network Printers
Warranty upgrade onsite labor years 2 and 3
Warranty upgrade onsite labor years 2 and 3 '
$19,00 ~ $10,00
$ 485.00
>EXTCARE-4500DN Warranty upgrade onsite labor years 2 and 3
$ 650.00
Fla Product
Number
C4110A#ABA-FL
C411 IA#ABA-FL
C4112A#ABA-FL
C4113A-FL
Laser Jet 5000
Description
HP Laser Jet 5000 Pdnter w/one 250 Sheet Tray, 16 ppm, 2 EIO slots, 4 US RAM,
parallel and serial ports, toner Cartridge, FasRes 1200 and ProRes 1200. NO I/O
cable included./U.S. - English localization
HP LaserJet 5000 N Printer w/1.250 Sht Tray,one 500 Sht Trey, 16ppm, JetDirect
600N Print Server, 1 EIO Slot, 8MB RAM, parallel,Serial Ports,Toner Cart,FastRes
1200 & PmRes 1200.No I/O cable incl/U.S, - English localization
HP LaserJet 5000 GN Printer w/one 250 Sht Tray, 1 500 Sht Tray, 16ppm, JetDimct
600N Print Server,2 EIO slots,12MB RAM, EIO Disk, parallel, Serial Ports, Toner Crt
FasRes 1200,PmRes 1200 No I/O cable/U.S. - English localization
Duplex Pdnting Accessory,Laser Jet 5000 printers. Allows printing on both sides of
the page. User installable.
List Price
Fla State
Gov. Price
$1,875.00 $1,219.00
$ 2,649,00 $1,722,00
$ 3,339.00 $ 2,170.00
$ 599,00 $ 333,00
C4114A-FL
HP 1x250 Sht Feeder for Laser Jet 5000 printer. User installable
$ 299,00 $ 165.00
C4.115A-FL
HP lx500 Sheet Feeder, LaserJet 5000 Printer, User installable,
C4136AM-FL
8 MB EDO DRAM DIMM for the Laser Jet 4000 sedes printers. This DIMM may be
used alone or in conjunction with other DIMM memory or accessories.
C4137^M-FL
C7842AM-FL
FL
16 MB EDO DRAM DIMM for the LaserJet 4000 sedes printers. This DiMM may be
used alone or in conjunction with other DIMM memory or accessories.
8MB 100 MHz Synchronous DRAM DIMM for the LaserJet 4000 and higher series
printers. This DIMM may be used alone or in conjunction with other DIMM memory
or accessodes,
16MB 100 MHz Synchronous DRAM DIMM for the Laser Jet 4000 and higher series
printers. This DIMM may be used alone or in conjunction with other DIMM memory
or accessodes.
http://customers.pmry, com/ja/stflor/stflorhp.htm
$ 419.00 $ 231.00
$ 110.00 $ 55.00
$198.00 $ 95.00
$ 120.00 $ 59,00
$ 210.00 $ 104.00
10/17/00
Master License Agreement (MLA) October 2000
Product Availability and Price List
Produ .ct Description
Network Operating Systems
NetWare~)
NetWare 5,1, tbs #1 network for intamet-enabled businesses, offers
the most robust, scalable platform for de01ovin~ Web-based
centralized manaaement of heterogeneous networks. Includin~
desktops, resultin¢ in dramatic savines in administration costs over
systems that are not directory based. NetWare 5.1 is the most
trustworthy server operating3 system available, deliverin~ hi,Ih
reliability, fast aerformance, and the tiehtest 00ssible security
across aublic networks. Built-in scalabil~ lets vou exband ,/our
network to Internal proportions involving millions of users and
network resources, while resET_lng maximum value from your
Current network infrastructure.
*Note: NetWare 5~1 128+bit Products are not available for sale or use in France.
Media
NetWare 5.t Software Master 1128+bit) (Enalish)
NetWare 5.1 Software Master WoHdwicle Edition (56-bit) (English)
NetWare 5,1 Software Master (128+blt) Portuguese
NetWare 5,1 Software Master (128+bit) French
NetWare 5.1 Software Master (56-blt) French
NetWare 5.1 Software Master (128+bit) Italian
NetWare 5.t Software Master f128+bit) German
NetWare 5.1 Softwsre Master (128+bit) Soanish
NetWare 5.1 Software Master (128+bit) Russian
Node License
NetWare 5.1 & Prior Node License
Upgrade License
NetWare 5.1 & Prior Node Up~rade License
New Licenses
NetWare 5.1 & Prior Server plus 5-Connection License
NetWare 5.1 & Prior 5-Connection Additive License
NetWare 5.1 & Prior 10-Connection Additive License
NetWare 5.1 & Prior 25*Conne(~tion Additive Ucense
NetWare 5.1 & Prior 50.Connection Additive License
NetWare 5,1 & Prior 100-Connection Additive License
NetWare 5.1 & Prior 250-Connection Additive License
NetWare 5.1 & Prior 500-Connection Additive License
Upgrade Licenses
Upgrade Any NetWsm to NetWare 5,1 & Pdor Sewer p~us 5-Connection License
Advance Edition for Ne{Ware 5.1 Softwsre Master Worldwide Edition (56blt)
._. EPFIGS/KCC
Upgrade Any NetWare to NetWare 5.1 & Prior' lO-Connection Additive License
Upgrade Any NetWare to NetWare 5.1 & Prior 25-Concection Additive License
IBM WebSphere Application Server 3.02 Advanced Edition for NetWare 5.1
Upgrade Any NetWare to NetWare 5.1 & Pdor 100-Connection Add~fve License
Upgrade Any NetWare to NetWare 5.1 & Prior 250-Caf Inaction Additive License
Upgrade Any NetWare to NetWare 5. I & Pflor 500-Connection Additive License
License Pricing :i:iii' Annual Maintenance :::ii~::
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~ 'a~t'documen~:add a ~readsh~et~d~u'me~;· Pl~ase.~fer'to~the't~t"~: ~-..~':L ¢: "~ : '; :.~. :. :.:.' ...' :.:' .'~ .[ .. ~':.'
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.'' ~m~mm =.en~ancemeh~..[~r~.~Ct~O~Omofions..~ ~ ~odd~e~' ~:~ ....: .'.'~.:~=..':~."~: '.,?'.'.: ~'~[. ~: ~:':: ~'~..~.' ': ~:'=.
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~....~¢.~...~:..::.~ .~... :: .[~.~..~;'~.?~-:?..;..;: .~. ~ .. · ~`~:~:~;~:~:~:~?~%~;~:~J~?~ ~ :.L.: :. ,[~: :~: :~ ~.,..~.:.:.
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-.. 886-016682-001 $125.00 125.00 N/A N/A N/A .'i~' ..
o.~. 886-016691-001 $125.00 125.00 ~'"~ N/A N/A N/A ~..-~
· :': 886-016909-001 $125.00 125.00 ..': "/A N/A N/A :~:
......886-016918-001 $125.00 125.00 ?':"... N/A N/A N/A
686.016927-001 $125.00 125,00
886-016936-001 $125.00 125,00 N/A N/A N/A
886,016945-001 $125.00 125.00 N/A N/A N/A
886-016954-001 $125.00 125.00 N/A N/A N/A
686-016963-001 $125,00 125.00 N/A N/A N/A
LIC-055379-001 $158,00 158.00
LIC-005380,,001 $84.00 84.00
LIC-005381-001 $995.00 1.000.00
LIC-005382-00t $995.00 1.000.00
LIC-005363-001 $1.430.00 1,430.00
LIC-005384-001 $2,750.00 2,750.00
LIC-005385-001 $4,125.00 4.130.00
LIC-005386-001 $6,995.00 7,000.00
LIC-005387-001 $13,495.00 13,500.00
LIC-005388-001 $26,995.00 27,000,00
MNT-004889-001 $40.00 40,00
MNT-004889,001 $40.00 40.00
MNT-004890-001 $249.00 249.00
MNT-004691-001 $249.00 249.00
MNT-004892-001 $358,00 358.00
MNT-004893-001 $6,"-8.00 690.00
MNT-O04894-001 $1,031.00 1,030.00
MNT~004695-001 $1.749.00 1,750.00
MNT*004896-001 $3,374.00 3,370.00
MNT-004897-O01 $6.749.00 6,700.00
LIC-005381-003 $530.00 530.00 MNT-004696-001 $249.00 249.00
LIC*005382-003 $530,00 530,00 MNT-O04891-O01 $249.00 249,00
LIC*005383-003 $760.00 760.00 MNT-004892-001 $356.00 358.00
LIC-005384-003 $1,460.00 1,460.00 MNT-004893-001 $688.00 690.00
L1C-005385-003 $2,190.00 2,190.00 MNT-004894-001 $1,03t.00 1,030.00
LIC-005388-003 $3,710.00 3,710.00 MNT-004895-O01 $1,749,00 1,750.00
LIC-005387-003 $7,150.00 7,200.00 MNT-O04598-001 $3,374,00 3,370.00
LIC-005388-003 $14,310.00 14,300.00 MNT-O04897-O01 $6,749.00 6,700.00
All rights resewed, Pdce~ are subject t~ change without notice. Pricing Is based on US currency.
Page 1 of 42
':,City of Sebastian,,,, Clerk -Investment SummarY
Quantity Description ..... Price ,
5 Dell Dimension Workstation w/17" Monitor (~ $1428.00 $7,140,00
1 Dell .Optiplex File Server w/15" Monitor $2,156.93
I Hewlett Packard 4500DN Color Laser Printer $3,700.00
I SMC 16 Port 10/100 Ethernet Switch $300.00
1 NetWare Upgrade - Server + 5 Licenses $530.00
1 NetWare Upgrade- 10 Additive Licenses $760.00
40hr
Installation / Configuration
$6,000.00
Investment Total
,,, (Prices do not include shipping)
$20,586.90
Regular City Council Meeting
June 25, 1997
Page Twelve
Mrs. Cartwright suggested waiving the fee to the Edwards because it is a safety issue and the other
property owner~ knew it was a cost share issue and willingly participated,
MOTION by Taracka/Bames
I move to execute the appropriate change order not to exceed $132,800 with C.R.
McClellan, Inc. for the culvert installations as outlined in Mr. Hill's June 18, 1997 memo and
authorize the City Manager to compare in-house costs for piping with contractor costs and exempt
Mrs. Edwards.
TAPE II - SIDE I (8:37 p.m.)
ROLL CALL:
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
* aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:52 p.m. All present.
97.171
)xl:~rove Clerk's Office to Utilize Services 0fNCR,, Inc. as Sole Soureefor Computer Services.(.Cil~
M~n0ger Transmittal 6/19/97. Cikv Clerk M?lla9 6/11/97)
The City Manager explained the reasons why the City Clerk would like to utilize NCR as a sole
.noBrc~.
MOTION by Taracka/Paul
I move to approve NCR. as a sole source for the purpose of providing continuing computer
services for the Clerk's office.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
347
HOME O~ PELICAN ~SLAND
Subject: Purchase Of A New Truck
A4aprov~l for Submittal~_,by:~q
Exhibits: State of Florida Term Contract- Specification #4-V-8
EXPENDITURE AMOUNT BUDGETED:
REQUIRED: $15,543.00 $18,416.00
Agenda No. ~(0. ,~_3Y
Department Origin: Building De a.,~j.grneny~
't'~ (GB) ·
Date Submitted: 10/11/00
For Agenda of: 10/25/00
APPROPRIATION
REQUIRED:
SUMMARY
The Building Official is currently driving a 1994 Chevy Caprice Sedan with 90,000+ miles. For
the fiscal year 99/00, the brakes, power sensor motor computer, and alternator had to be repaired
as well as the replacement of four tires. Physical appearance is fair. Therefore, in accordance
with our fiscal year 2000/01 budget, we are requesting approval to purchase a 2001 Chevy
Silverado C1500 Pickup Truck in the amount of $15,543.00. Price includes a 5 year, 75,000
mile, $0 deductable Extended Warranty.
RECOMMENDED ACTION
Move to approve the purchase of a new 2001 Chevy Silverado C1500 Pickup Truck for the
Building Official in the amount of $15,543.00. Price includes a 5 year, 75,000 mile, $0
deductable Extended Warranty.
BELL CHEVI~_OLET, INC./DILL HEARD CHEVROLET, INC - PLANT CIJ~
STATE OF FLORIDA TEP/4 .CONTRACT -- AUTOMOBILES AND LIGHT TRUCKS
SPECIFICATI. O~ 070-500-414 (4-V8) 1/2 ~QN PICKUP TRUCK 4x2, V8
OPTIONS MENU AND PRICE LiST - 1999 CONTRACT (DUAL ROLLOVER)
TABLE OF CONTENTS
CO T CT OPTIONS . . eASE
A TERNATIVE UEL CONVERSIONS ........................ PAG 6
CONTRACT BASE VEHICLE
2001 CHEVROLET SILVERADO C1500 PICKUP TRUCK #CC15703
BASE VEHICLE -DELIVERED TO CENTRAL DISTRICT ...... 14,968.00
~ONTP, ACT OPTIONS
CODE
2001
2002
2003
3001
~002
5003
5004
5005
6001
7001
8001
8002
8OO3
8005
80O6
9901
9902
D~SCRIPTION COST
5 SPEED MANUAL OVERDRIVE TRANSMISSION (MO5). -700.00
N/A WITH LM7 (5300).ENGINE
HD TRAILER TOWING EQUIP.- 5000 LBS .......... 220.00
INCLUDES: 5 LEAD WIRING HARNESS, HD FLASHER,
CLASS III RECEIVER, BALL MOUNT~ PIN,
CLIP & 2" BALL.
HD TRAILER TOWING EQUIP.- 7500 LBS ...... ..... 950.00
INCLUDES: 5.3L V8 (LM7), 3.73 AXLE RATIO
(GT4), HD FLASHER, 5 LEAD WIRING HARNESS,
CLASS IV RECEIVER, 10,000 LB CAPACITY
LOCKING DIFFERENTIAL (G80) ................. 250.00
DELETE AIR CONDITIONING (NO C60) ............ -600.00
ELECTRONIC SPEED CONTROL '(K34) ............. 225.00
RAIN SHIELDS (RS2) ......................... 45.00
CLOTH SEATS (CTRIM) ......................... N/C
DAYTIME RUNNING LIGHTS ..................... STD
ON-OFF ROAD TREAD ON REAR TIRES (OORR) ...... 115.00
SPECIAL PAINT - DOT YELLOW (9W3) ............ N/C
lO UNIT MINIMUM ORDER P~EQUIRED
SPECIAL PAINT - JADE GREEN (JADE) ........... 1,450.00
lO UNIT MInIMUM ORDER ~E~UIRED
SPECIAL PAINT - DOT YELLOW/WHITE (TGLYW) .... 405.00
10 UNIT MINIMUM ORDER REQUIRED
LONG BED -REGULAR CAB (CC15903) ............ 275.00
GVWRINCJ~_,ASED TO 6400, PAYLOAD TO 2236
SPECIAL COLOR - PEWTER METALLIC (11U) ....... N/C
EXTENDED WARRANTY;- NON-EMERGENCY VEHICLE .. 575.00
5 YR/75000 MI, $0 DEDUCTIBLE '-
EXTENDED WARRANTY - NON-EMERGENCY VEHICLE .. 1,265.00
6 YR/100000 MI, $0 DEDUCTIBLE
BELL CHEVROLET - STATE CONTRACT - SPEC #4-V8
-PAGE 1 OF' 7
City of Sebastian, Florida
Subject: Purchase - Two GMC Pick-Up
Trucks, Engineering Department
Approve~d for Su~l_~
T~oor/e;' Ci~/~/~er
Agenda No.
Department Origin: Engineering
Ralph N. Brescia
Dept. Head:
Finance:
Procurement:
Date Submitted: 10/16//2000
For Agenda of:
Exhibits: Memo to Paul Wagner/dated 10/12/00
EXPENDITURE BUDGET AVAILABLE:
REQUIRED: $28,224.00 $30,000
10/25/2000
APPROPRIATION
REQUIRED: N/A
SUMMARY
The Engineering Department would like to purchase and replace two of their vehicles due to their
age, high mileage and maintenance. One of the vehicles is a 1991 Ford Pickup Truck and the
other vehicle is a 1993 Chevrolet Caprice. Both of these vehicles are in need of numerous
repairs.
The Engineering Department would like to purchase to GMC Extended Cab compact pickup
macks. The two new vehicles are being purchased on state contract and therefore, do not require
going through the normal bidding procedures.
RECOMMENDED ACTION
Move to approve the purchase of two GMC Extended Cab compact pickup tracks for the
Engineering Department in the amount of $28,224.00
City of Sebastian
1225 MAIN STR~=ET : SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-~330 ~ FAX (=~61) 589-5~;70
Interoffice Memo
Date: October 12, 2000
To: Paul Wagner, General Services Administrator
From: Ralph N. Brescia, P.E., City Engineer ~~
Vehicle Purchases
and rliscussion, I have re-evaluated my Department's needs for vehicles
pick-up trucks would be required for use within the Engineering
will be used primarily for construction inspections, site visits and
meetings both on stable and unstable roadway conditions.
As such, a-locking differential ($250.00) is essential. This feature is only available in
the 6 cylinder engine.
In addition it is necessary to have au extended cab feature which can house survey and
engineering equipment as well as construction and site plans. The third door feature on
this emended cab option will allow enhanced access to this equipment.
The cost as quoted by Mr. Howard Williams, Manager of Kaiser Pontiac GMC of
Deland under state contract, (phone # 1-904-734-6882), is illustrated in the attached
purchase requisition which we have prepared for your convenience.
This shows a total cost per vehicle of $14,107.00 which is a grand total of $28,224.00.
'You may want to confirm this figure with the dealer. As you know, the money set as/de
for Engineering vehicles is $30,000.
, Intero~C¢l~emo
Please note that accordinE to Mr. Williams the resale value of this vehicle versus a four
(4) cylinder (2.2 liter) is si~fificaut. Also since om' staff will be travelinE on prknary
arterials here in Sebastian as well as on trips to other muu~cipalifies, conferences,
seminars etc. Thc "six" offers much better accelsrafion capabilities thus an enhanced
safety feature. ;I would also question thc 2.2 liter gas efficicmc7 with thc a/c runniug.
I recommend very strongly the purchase of the six cylmder option as iudicated in the
Cc: Tcrrence R. Moore, City Manger
mydoeuments/vehiclepur chase s
/sg
10/12100
City of Sebastian~ Florida
Subject: City Hall / Historical
Restoration Grant
~[~Rprox~l~d for Sub/mi.,~t~t..~: City Manager
Agenda No. ~_~-~ 1~,~ 4¢
Department Origin: City Manager
Date Submitted: 10/13/00
For Agenda off 10/25/00
Exhibits:
EXPENDITUILE
REQUIRED: N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:
SUMMARY
In a recent update from the Florida Department of State Division of Historical Resources,
the final phase of competition involves a presentation to the Florida Historic Preservation
Advisory Review Board, whom yields the responsibility of ranking funding proposals and
approving awards accordingly. Therefore, it is staff's recommendation to invite one member
of the City Council to join the City Manager, Director of Growth Management and the
Special Projects Engineer in making this presentation, to take place on November 15th in
Tallahassee, FL.
RECOMMENDED ACTION
Move to authorize one member of Sebastian City Council to travel to Tallahassee, Florida on
November 15th to participate in the presentation to the State of Florida Historic Preservation
Advisory Review Board in an effort to obtain funding to successfully implement the overall
City Hall Restoration Program.
City of Sebastian, Florida
OF~C~ OF TH~ crrY ~TTO~Y&.
Subject: City Clerk contract
AGENDA TRANSMITTAL
Agenda No. ~t~.d~ /
Date Submitted: 10/19/00
For Agenda of: 10/25/00
SUMMARY:
Pursuant to Council direction following appointment of Sally A. Maio as City Clerk, a proposed
contract for the City Clerk has been prepared in accordance with discussions between the
Charters Officers and the Human Resources Director.
RECOMMENDED ACTION:
At the discretion of Council, authorize Mayor to execute the Employment Agreement between the
City of Sebastian and Sally A. Maio.
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANA(~ER:'~f////~'
EMPLOYMENT AGREEMENT
TItlS AGREEMENT made and entered into this __ day of October, 2000, by and
between the City of Sebastian, Florida, a municipal corporation (hereinafter referred to as "City")
and Sally A. Maio (hereinafter referred to as "Ms. Maio") pursuant to the following terms and
conditions:
WE[EREAS, the City desires to retain Ms. Maio as City Clerk of the City of
Sebastian; and
WltEREAS, the City expects Ms. Maio to perform all of the responsibilities and
obligations required of the City Clerk of the City of Sebastian pursuant to the City Charter,
Codes and Ordinances, and applicable State and Federal regulations; and
WltEREAS, the City desires to provide specified terms of employment for the position
of City Clerk; and
WBEREAS, Ms. Maio is desirous of entering into an employment relationship with
the City of Sebastian to perform the services required of City Clerk;
NOW TItEREFORE in consideration of the mutual covenants contained herein, the
City and Ms. Maio hereby agree as follows:
I. APPOINTMENT
1. The City hereby appoints Ms. Maio as the City Clerk of the City of Sebastian,
effective as of 8:00 a.m., October 12, 2000, subject to all terms and conditions of this Agreement.
The City confers upon Ms. Maio all powers, duties and responsibilities as prescribed and
permitted by the laws of the State of Florida, the City Charter, Ordinances and other Codes of the
City of Sebastian.
1I. TERM OF EMPLOYMENT
2. This Agreement shall become eff'ective upon execution thereof by the last party
signing the same, and continue in effect until terminated pursuant to the terms of Section VII
hereof
Ill. COMPENSATION AND BENEFITS
3. Salary - Ms. Maio's salary for the initial period of this Agreement shall be $47,500
per year payable in bi-weekly installments.
4. Insurance - The City hereby agrees to provide and pay for health, vision and dental
insurance for Ms. Maio and her dependents. Said insurance benefits are to be the same as those
available for all other full-time City of Sebastian employees and are subject to change if said
benefits are changed for all other City of Sebastian employees.
5. Retirement - The City agrees to contribute to its 40la program, or any new equivalent
or enhanced retirement/deferred compensation program instituted by the City on behalf its
employees, an amount equivalent to a set percentage of her annual salary, said percentage amount
being determined by matching the highest percentage amount being contributed on behalf of any
full-time exempt employee.
6. Vacation - Ms. Maio shall be provided vacation leave at the annual rate of 160 hours
accrued on a pro-rata basis weekly. Upon termination of employment with the City, Ms. Maio
shall be entitled to compensation for all accrued vacation time.
7. Sick Leave - Ms. Maio shall be provided sick leave at the annual rate of 96 hours
accrued on a pro-rata basis weekly, however, said amount shall be increased to a matching accrual
rate if any other employee of the City is provided sick leave at a higher rate. Upon termination of
employment, Ms. Maio shall be entitled to compensation for all accrued sick leave.
8. Disability - Ms. Maio shall be provided disability benefits to a degree equivalent or
superior with that provided any other employee of the City.
9. Professional Associations - The City agrees to budget, to the extent funds are
available, for payment of dues, subscriptions and educational seminars related to the scope of
Ms. Maio's responsibilities and duties as City Clerk.
10. Business Expenses- The City agrees to reimburse Ms. Maio for all expenses
incurred by Ms. Maio directly related to the performance of her duties as City Clerk. Tkis
provision however, shall not be construed to require the City to reimburse Ms. Maio for
expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or
Ordinances of the City of Sebastian.
11. Other benefits - Ms. Maio shall be entitled to other benefits as from time to time
may be afforded all other full-time employees of the City of Sebastian.
IV. REVIEW AND EVALUATION
12. Evaluation - Upon completion of the first (12) month period of employment Mr.
Moore shall be reviewed by the City Council as to her performance. At said time and on each
anniversary date of her employment thereafter, the City Council shall evaluate Ms. Maio's
performance and may as appropriate increase the salary and benefits of Ms. Maio in a manner
consistent with her performance. Any increases in salary or benefits shall be at the sole discretion
of City Council.
13. Cost-of-Living Raises - Ms. Maio shall receive cost-of-living or any such
similar generalized raises consistent with those provided to other exempt employees of the City.
V. RESIDENCY
14. Ms. Maio agrees to remain a resident of the City of Sebastian during the term of
this Agreement.
VI. FULL-TIME EMPLOYMENT
15. Ms. Maio shall undertake her duties on a full-time basis and shall devote her
complete efforts to the business of the City.
16. As part of her duties, Ms. Maio shall attend public meetings, hearings and
workshops of the City Council, and meetings of other boards as is in the best interest of the City.
17. Ms. Malo, within sound discretion, shall devote such hours as are reasonably
required to properly fulfill her obligations under this Agreement and her duties as City Clerk.
VII. TERMINATION
18. The term of this Agreement notwithstanding, either party shall have the right to
terminate this Agreement upon providing written notice of termination to the other party. This
provision notwithstanding, however, the City may only terminate the Agreement without cause if
it pays to Ms. Maio an amount equal to three months of her current annual salary. Ms. Maio may
terminate this Agreement upon furnishing the City one month's written notice.
19. Notwithstanding any provision of this Agreement to the contrary, the City may
terminate Ms. Maio, with cause, pursuant to the terms of the City Charter.
20. If Ms. Maio is terminated for cause, the City shall not be obligated to pay Ms.
Maio the additional compensation set forth in Paragraph 18 hereof.
vm. INDEMNIFICATION
21. Subject to any limitations imposed by Florida law, the City shall defend, save
harmless and indemnify Ms. Maio against any tort, professional liability claim or demand or other
legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring
out of Ms. Maio's acting within the course and scope of her duties as City Clerk.
IX. GOVERNING LAW
22~ This Agreement shall be subject to and governed by the laws of the State of
Florida and venue for its enforcement shall be in Indian River County, Florida.
X. MODIFICATIONS
23. No provision of this Agreement may be changed or modified except by written
agreement executed by both parties hereto.
XI. ENTIRE AGREEMENT
24. This Agreement constitutes the entire Agreement between the parties and contains
all the Agreements described herein between the parties with respect to the subject matter hereof.
Said Agreement supersedes any and all other Agreements, either oral or in writing, between the
parties hereto with respect to the subject matter of this Agreement.
XH. NOTICES
25. All notices or other communications provided for herein shall be validly served if in
writing and delivered personally, or sent by registered or certified mail, postage prepaid, return
receipt requested, to the hereinafter designated address: (or at such other address which shall be
specified by like notice):
To the Employer:
City of Sebastian, Attn: City Mayor
1225 Main Street
Sebastian, Florida 32958
To the Employee: Sally A. Maio
7'73 Jordan Avenue
Sebastian, FL 32958
xm. HEADINGS
26. The headings in this Agreement are for purposes of reference only and shall not
limit or otherwise affect the meaning hereof.
X1V. ENFORCEMENT
27. In the event that it should become necessary for either party to retain the services
of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which
is brought on this Agreement shall be awarded all of its costs and expenses including but not
limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the
trial and all appellate levels, without respect to who is the initiating party and shall apply to an
action for declaratory relief if the party instituting it asserts specific contentions concerning the
Agreement which are filed upon by the Court.
IN WITNESS WltEREOF, the City of Sebastian has caused this Agreement to be
executed by its Mayor and duly attested by its City Clerk, and Sally A. Maio has executed this
Agreement, as of the day and year first above written.
City of Sebastian,
a Florida municipal corporation
Walter Barnes, Mayor
Sally A. Mai0
ATTEST:
for Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney