HomeMy WebLinkAbout05221996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA
SEBASTIAN CiTY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 22, 1996 - 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 - 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33)
1. CALL TO ORDER
96. lO0
1
o
PLEDGE OF ALLEGIANCE
IN'VOCATION - Reverend Jim Wingate - Cornerstone Baptist Fellowship
ROLL CALL
, D R I N
£tems not on the written agenda may be added only upon unanimous
consent of the Council members present (R~95-33)
PROCLAMATIONS AND/OR ANNOUNCEM-ENTS
A. Proclamation - National Public Works Week - Public Works
Director Richard Votapka Accepting
o
3-24
96.101/
95.106
25-29
96.102/
94.237
31-49
96.103
51452
PUBLIC HEARING. FINAL ACTION - None
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
A. Approval of Minutes - 5/8/96 Regular Meeting
Approve Use Agreement Between City of Sebastian/Humane Society
of Vero Beach and Indian River County, Inc. for Use of Barber
Street Sports Complex to House Stray Ammals During Natural
Disasters - 6/1/96 Through 11/30/96 (City Manager Transmittal
5/14/96, Humane Society Letter 5/8/96, Proposed Use Agreement,
General Liability Letter)
RESOLUTION NO. R-96-39 - Termination of Golf Cart
Maintenance Agreement with Custom Carriages (Golf Course
Transmittal 5/14/96, Cerjan Memo 5/14/96, Agreement, R-96-39)
A RESOLUTION OF THE CITY OF SEBASTIAN, IND[&N
RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO.
R-94-54; AUTHORIZING THE CITY MANAGER TO GIVE
THIRTY DAYS NOTICE OF TERMINATION OF THE GOLF
CART MAINTENANCE AGREEMENT WITH CUSTOM
CAR_RJAGES, INC., PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERAB[LITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Pr/or Approval for Re/mbursement of Expenses -Mayor Cartwr/ght
and Vice Mayor Barnes Attendance at Institute for Elected Officials
- June 13 -15, 1996 - Sarasota (City Clerk Transmittal 5/16/96,
Institute Agenda)
96.104
53
96.105
55-56
o
10.
96.106
57-86
11.
96.095
87-91
[BM TP365XD Laptop Computer Purchase for Use by City Attorney
- Waiver of Bidding Procedure - Piggyback Florida State Contract
Price - Vanstar Co. - $2,798.10 (City Manager Transmittal 5/15/96)
Dailey/Stant Wedding - Request for Community Center - 6/8/96 - 2
pm to 7 pm - A/B - Security Pd (City Clerk Transmittal 5/13/96,
Application)
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
BOARD OF ADJUSTMENT (City Clerk Transmittal 5/16/96, Eight
Applications, Board Handbook Excerpts)
Interview Eight Applicants and Appoint as Follows:
a. One Regular Member to One Year Term to Expire 6/97
b. Two Regular Members to Two Year Terms to Expire 6/98
c. Two Regular Members to Three Year Terms to Expire 6/99
d. Two Alternate Members to Three Year Terms to Expire 6/99
OLD BUSINESS
Bellsouth Mobility Temporary Cell Site Temporary Communications
Facility Agreement (Police Department Transmittal 5/14/96,
Proposed Agreement, Specifications Sheet, Photos)
12.
96.019
93-110
96.107/
94.172
111-114
13.
NEW BUSINESS
Ao
ORDINANCE NO. 0-96-1 l - Comprehensive Land Use Plan
Amendment in Accordance with Stipulated Settlement Agreement
(Community Development Transmittal 5/15/96, O-96-11 w/Exh/bit,
P & Z Memo )
1st Reading, Set Public Hearing 6/5/96
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN KIVER
COUNTY, FLORIDA, PEKTAINING TO CHANGES IN THE
COMPREHENSIVE LAND USE PLAN; AM2ENDING THE
COMPREHENSIVE LAND USE PLAN IN COMPLIANCE WITH THE
STIPULATED SETTLEMENT AGREEMENT ENTERED INTO
BETWEEN TI-IE CITY OF SEBASTIAN AND THE DEPARTMENT OF
COMMUNITY AFFAIRS ON APRIL 9, 1996; PROVIDING FOR COPIES
OF THE COMPREHENSIVE PLAN AMEND~T TO BE
TRANSMITTED TO ALL PARTIES AS REQUIRED BY THE
STIPULATED SETTLEMENT AGREEMENT; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-96-40 - Repealing R-94-33 - City Council as
Board of Adjustment (City Clerk Transmittal 5/16/96, R-96-40)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDL&N KIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-94-33
WHICH TEMPORAKILY AUTHORIZED THE CITY COUNCIL TO
FULFILL THE RESPONSIBILITIES OF THE BOARD OF
ADJUSTMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
4
14. CITY. COUNCIL MATTERS
15.
B.
C.
D.
E.
Vice Mayor. Walter Barnes
Mrs. Norma Damp
Mr. Richard Taracka
Mayor Louise Cartwright
Mr. Raymond Halloran
CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
17. ADJOURN
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 MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
(286. oios F.$.)
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 £N ADVANCE OF THIS
MEETING.
' U
i '
I
i
WHEREAS, public works services provided in our community are an integral
part of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such as streets,
bikepaths, drainage, parks, public buildings and municipal cemeteries; and
WHEREAS, the health, safety and comfort of this community greatly depends
on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design and construction is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the people's attitude and
understanding of the importance of the work they perform;
NOW THEREFORE, I, Louise R. Cadwright, by vidue of the authority
vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim the
week of May 19 through May 25, 1996 as
"NATIONAL PUBLIC WORKS WEEK"
in the City of Sebastian, and I call upon all citizens and civic organizations to
acquaint themselves with the issues involved in providing our public works and to
recognize the contributions which public works officials make every day to our
health, safety, comfort and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Sebastian, Indian River County, Florida this 22nd day of May, 1996.
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, City Clerk
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA'32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTiAN CITY COUNCIL
REGULAR MEETiNG
WEDNESDAY, MAY 8, 1996 - 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- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. Mayor Cartwright called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Mayor Cartwright requested a moment of silence.
City_ Council Presentz
Mayor Louise Cartwdght
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
City Manager, Thomas Frame
City Attorney, Clifton McClegand, Jr.
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Finance Director, Joel Haniford
Zoning Technician, Jan King
Regular City Council Meeting
May 8, 1996
Page Two
96.084
96.085
AGENDA MODiFICATIONS (ADDITIONS AND/OR DELETIONS)
f, tems not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager requested deletion of item 12B Bellsouth Mobility, and
that items 10A and B Code Enforcement Board appointments be moved
forward after Proclamations/Aunouncements.
MOTION by Barnes/Halloran
I'll make a motion to withdraw item 12B from the agenda, BellSouth
Mobility Temporary Cell Site.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-O
It was the consensus of City Council to move items 10A and B up on the
agenda.
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Presentation of Plaaue to Damien Gilliams - Code Enforcement
Board (5/89 - 4/96~
Mayor Cartwfight presented the plaque to Damian Gilliams.
Proclamation- Teacher Appreciation Week- 5/6/96 - 5/10/96.- IRC
Mayor Cartwfight presented the proclamation to Debra Coyle, 1996
Teacher of the Year, Sebastian Elementary.
2
Regular City Council Meeting
May 8, 1996
Page Three
96.086 C.
Proclamation - Older Americans Month - May, Council on Aging
- Carol Johnson Accepfin~
Mayor Cartwright presented the proclamation to Carol Johnson, Council on
^ging.
l0
CODE ENFORCEMENT BOARD (Community Development
Transmittal 4/29/96, Applications (2), Code Enforcement Memo
4/18/96, Secs 2-179 g: 2-180 Code, K-94-51-Sec. 10)
96.093A
~terview and Appoint Regular Member - Realtor Position to_
Exnire 3/99 - Board Recommends Ken Cosco
City Council interviewed Ken Cosco.
MOTION by Barnes/Taracka
I'll make a motion to appoint Ken Cosco to the realtor position on
the Code Enforcement Board to expire 3/99.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Regular City Council Meeting
May 8, 1996
Page Four
96.093B 2.
hater~ew and Appoint Alternate Position Vacated by Ken
Cosco (Jf Appointed to Re~lar Member) to Expire 6/98
Board Recommends Dave Costa
City Council interviewed Dave Costa.
MOTION by Bames/Cartwfight
I'll make a motion to appoint Dave Costa to the Code Enforcement
Board alternate position to expire in June of 98.
ROLL CALL:
Mr. Halloran - nay
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 4-1 (Halloran - nay)
7. QUASI-JUDICIAL i:[EARING. FINAL ACTIOn,
96.039 A.
RESOLUTION NO. R-96-33 - Harbor Point Sandmining Special
Use Permit (Community Development Transmittal 5/1/96, R-96-33,
Plans Under Separate Cover, P & Z Memo 4/5/96, Masteller Letter
3/25/96, Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLOR/DA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT
FOR THE MINING OF SAND AND SOIL MATERIALS PUILSUANT TO
SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN TO HAROLD ADAMS FOR THE HARBOR POINT
SUBDMSION PROJECT SITE LOCATED ON LOTS 1-16 OF BLOCK 510,
LOTS 1-21 OF BLOCK 512, AND TRACT A, ALL LOCATED IN SEBASTIAN
HIGHLANDS UNIT 16 AND CONSISTING OF APPROXIMATELY 18.72
ACRES; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE
OF THE SPECIAL USE PERMIT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEtLEWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Regular City Council Meeting
May 8, 1996
Page Five
Mayor Cartwright opened the quasi-judicial hearing at 7:13 p.m., the City
Attorney read Resolution No. R-96-33, and the City Clerk swore in all
those who intended to offer testimony. There was no ex-pa_rte
commtmication disclosed.
The Zomng Techn/cian noted the three letters of objection received by City
staff for the record (see attached), and gave a brief presentation on behalf of
staff on the application for sandmmmg to remove existing mounds on the
site from previous canal dredging and for construction of retention areas in
accordance with St. Johns River Water Management.
Randy Mosby, Mosby and Associates, presented the request. He objected
to the knposition of compliance and restoration bonds due to the fact that
the excess sand is being removed to meet conditions of the Land
Development Code regulations for subdivisions.
John King, Century 21, said the project should take approximately two
weeks. Mr. Mosby reiterated his request to have the requirement for
compLiance and restoration bonds stricken from the resolution.
Nh'. King said the sandmining will not have any effect on the current
burning, and said the only dust that will be generated will be from trucks.
It was noted that the required compliance bond would be $18,000 and the
restoration bond would be based on the acreage of the actual mining area.
The City Attorney advised that there had been no request for a variance to
the bond requirement mandated by the Land Development Code. Mr.
Mosby argued that the removal of the motmd is a requirement of the
approved subdivision, The City Manager said City Council's granting of a
subdivision approval doesn't compel the owner to develop.
The City Attorney, in response to Mayor Cartwright, said if the bonds were
waived there was a possibility of a legal challenge because the matter is
quasi-judicial; and stated the purpose of the bond is that the developer will
do what he says he will do and the property will be restored.
Regular City Council Meeting
May 8, 1996
Page Six
TAPE I - SIDE II (7:46 p.m.)
Mr. Mosby and Mr. King said there is no risk to the City in this situation,
and noted there are no liens on the property.
The City Attorney said the applicant could go through the procedure for a
variance.
The City Clerk swore in Carolyn Corum, 881 Dolores Street, Sebastian,
who offered informational testimony and read her letter into the record
Mayor Cartwnght closed the public information pomon of the hearing at
7:57 p.m.
The City Manager recommended spelling out the hours of operation in the
conditions; in condition B add "Manager" after "City" relative to
acceptance of the form of bond; the City Attorney recommended adding
"1996" to condition D; and Mayor Cartwright recommended changing the
figure to "15,000" in the first whereas clause. City Council concurred with
all changes.
Mr. Mosby suggested that the applicant post a $1,000 bond, however, the
City Attorney reiterated that the bond amounts are very specific in the Land
Development Code.
The City Manager said "if they (the applicant) can delineate the limits of
the excavation and we can set the amount of bond to encompass the area
where the overburden is, and we can be allowed to set that amount
predicated on an agreement as to what the amount of area to be removed,
that would at least define the area of the excavation."
MOTION by Halloran/Taracka
I move to adopt Resolution No. R-96~33 with the inclusion of the
aforementioned additions and changes in the verbiage.
6
Regular City Council Meeting
May 8, 1996
Page Seven
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
CONSENT AGENDA
Ail items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
A. Approval of Minutes - 4/24/96 Regular Meeting
96.087
Bo
Waive Bid Procedure - Golf Course - Purchase Toro Greens Master
Lawnmower - Piggyback GSA Contract - $15,106.23 (City Manager
Transmittal 4/16/96)
96.088
Waive Bid Procedure - Golf Course - Purchase Jacobsen
Lawnmower - Piggyback Florida State Contract - $ 9,763.00 (City
Manager Transmittal 4/16/96)
96.089
.RESOLUTiON NO~ R-96-37 - Vacation of Easement - Lots 9 & 10,
Block 225, Sebastian Highlands Unit 6 (City Clerk Transmittal
4/30/96, R-96-37, Application, Survey, No Objection Letters,
Authorization for Ameron)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING TIlE SOUTHEAST SIX FEET OF LOT 9 AND
THE NORTHWEST SIX FEET OF LOT 10, PUBLIC UTILITY AND
DRAINAGE EASEMENT, BLOCK 225, SEBASTIAN FIIGHLANDS
UNIT 6, ACCORDING TO THE PLAT THEREOF, RECORDED 1N PBI
5-95, PUBLIC RECORDS OF INDLAN RIVER COUNTY, FLOR[DA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Regular City Council Meeting
May 8, 1996
Page Eight
96.080 E.
Fourth of July Committee - Request Approval for 1) LaPorte
Farms Animal Petting Zoo (NW Comer) in Riverview Park on
7/4/96; 2) Cathy Lees Pony Rides and Photo Show (SW Comer) in
Riverview Park on 7/4/96; and 3) Lions Club to Serve O'Douls Non-
Alcoholic Beer (City Clerk Transmittal 4/30/96, Pawlus Letter
4/23/96, 74-3 Code)
96.090 F.
Craft Club of Sebastian - Request Use of Rivenriew Park - Craf~
Shows- 10/5/96, 11/5/96, 12/7/96, 12/8/96, 1/4/97, 2/1/97, 3/1/97-
Raindates Sanday Following Except December - Standard
Conditions (City Clerk Transmittal 4/29/96, Sfimmel Letter)
96.091 G.
Sebastian River Art Club - Request Use of Riverview Park - Awt
Shows - 11/16/96, 12/15/96, I/11/97, 2/15/97, 3/8/97 and 4/20/97 -
Standard Conditions (City Clerk Transmittal 4/22/96, Heft:mn Letter)
96.092 H.
Romero/Our Lady of Guadalupe Mission - Request Use of
Commumty Center - Mothers' Day Dance - 5/10/96 - 8 p.m. to
Midnight - Admission Fee - Security Pd (City Clerk Transmittal
4/30/96, Application, Excerpt of R-94-50)
The City Manager read the consent agenda and the City Attorney read
Resolution No. R-96-37 by title only.
Mr. Taracka and Mayor Cartwright removed item E.
MOTION by Barnes/Damp
I make a motion to approve the consent agenda items A, B, C, D, F,
G, andH.
Regular City Council Meeting
May 8, 1996
Page Nine
ROLL CALL:
Mrs. Camvright
Mr. Barnes
Mss. Damp
Mr. Halloran
Mr. Taracka
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Item E.: 4th of July
Discussion took place on the appearance of alcoholic beverages being
served and Alcohol, Tobacco and Firearms' determination that they do not
consider O'Douls an alcoholic beverage.
Mayor Cartwright requested that insurance be required for the pony fides
and petting zoo. The City Attorney suggested a limit be set.
MOTION by Halloran/Damp
I move to approve item E of the Consent Agenda parts 1 and part 2
with the condition that the animal petting zoo and the Kathy Lee's pony
rides provide insurance of $100,000.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Canwright - aye
MOTION CARRIED 5-0
MOTION by Cartwright/Bames
I move to deny the Lions Club request to serve O'Douls non~
alcoholic beer.
Regular City Council Meeting
May 8, 1996
Page Ten
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Canwright
Mr. Barnes
~ aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
9. PRESENTATIONS - None
10. COMMITTEE REPORTS/RECOMMENDATIONS
PLANNING AND ZONING COMMISSION (Community
Development Transmittal 4/29/96, Applications (3), P & Z Memo
4/19/96, Sec 10-R-94-51)
96.O5 lA
Interview and Appoint Regular Member Position to Exnire
4/99 - Board Recommends Reappointment of Jean
No interview was conducted.
MOTION by Damp/Barnes
I move to reappoint Mrs. Jean Brantmeyer to a three year regular
member term expinng 4/99.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED
I0
Regular City Council Meeting
May 8, 1996
Page Eleven
96.051B 2.
Interview. and Appoint Alternate Member Position Vacated by
Robert ?tiska to Expire 1/99 - Board Recommends Larry.
Driver
City Council interviewed Larry Driver.
MOTION by Bames/Cartwri~t
I'll make a motion to appoint Larry Driver to the alternate board
position, Planning and Zoning to expire January of 99.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
11. OLD BUSINESS
96.094
Ao
Schedule Council Workshop - City_ Manager Recommendation June
11. 19~6,9:00 a.m. (City Mana~r Transmittal 5/1/96~ Calendar)
The City Manager requested that City Counc/l submit its wish list by May
22, 1996 to allow staff time to compile backup. City Council concurred
with June 11, 1996 at 9:00 a.m. for the workshop.
Mayor Cartwright called recess at 8:21 p.m. an.d reconvened the meeting at
8:30 p.m All members were present.
11
Regular City Council Meeting
May 8, 1996
Page Twelve
12. NEW BUSINESS
96.013 A.
RESOLUTiON NO. R-96-32 - Legal Services Agreement - Valerie
Settles (City Manager/Human Resources Transmittal 5/2/96,
R-96-32, Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE ~MAYOR AND CITY
MANAGER TO EXECUTE A LETTER OF AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY AND VALERIE F. SETTLES FOR
THE PURPOSE OF UTILIZING THE LEGAL SERVICES OF MS.
SERVICES AS THE CITY ATTORNEY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVID~G FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-32 by title only.
The City Attorney introduced Valerie Settles and highlighted conditions of
the agreement. He said as an oversight he had intended to add a thirty day
termination clause.
Ms. Settles responded to City Council inquiries about accessibility, hours
and representation in specialized matters.
TAPE II - SIDE I (8:43 p.m.)
Discussion continued on hours and attendance at other board meetings.
Mayor Cartwfight noted an error on page four of the agreement. The City
Manager said it should actually read that the City will be charged for out of
pocket expenses.
Discussion continued on hours, attorney contact with individual City
Council members and staff.
12
Regular City Council Meeting
May 8, 1996
Page Thirteen
96.095
Changes were made to the agreement as follows:
i) Page 1, Paragraph 2, Line 13 - delete "or other representative of the
City or which appear appropriate under the circumstances".
2) Page 1, Paragraph 2, Line 6 - delete "at any time" and add "upon
thirty days written notice".
3) Page 2, #4 - typo should read "presence"
4) Page 3, Last Paragraph, Line 3 - delete "if' change to "is"
5) Page 4, Paragraph 1 - change all occurrences of 'you" or "your" in
1st and 3rd sentences to "City"
6) Page 4, Last Paragraph, 1st Sentence - delete "are generally" and add
"will be"
(Editorially - Page 1, Paragraph 2, Line 7 - typo "Notwithstanding")
MOTION by Bames/Halloran
I'll make a motion to approve Resolution R-96-32 legal services
agreement for Valerie Settles as amended.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION C~D 5-0
BellSouth Mobility Temporary_ Cell Site - Temporary_
Communications Facility A~eement (City Manager/PD Transmittal
4/30/96_ PD Memo 4/24/96. ?~:oposed Letter A~eemenr3
This item had been deleted under Agenda Modifications.
13
Regular City Council Meeting
May 8, 1996
Page Fourteen
96.096 C.
RESOLUTION NO. R-96-34 - Amend 95/96 Fiscal Year Budget
(Finance Director Transmittal 4/26/96, R-96-34, Mid Year Budget
Adjustment Under Separate Cover)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN KIVER COUNTY, FLORIDA AMENDING THE
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBEK I, 1995
AND ENDING SEPTEMBER 30, 1996; DETERMINING AND FIXING
THE AMOUNTS NECESSARY TO CARKY ON THE GOVERNMENT
FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF
APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS AND
EXPENDITI.FRJES FOR THE GENERAL FUND, EXHIBIT "A", GOLF
COURSE FUND, EXHIBIT "B", AND AIRPORT FUND, EXHIBIT "C";
PKOViDING FOR SEVEKABILiTY; PROVIDING FOR CONFLICTS;
AND PKOVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-34 by title only.
The City Manager gave a brief introduction and the Finance Director
handed out copies of his overhead presentation to City Council.
The Finance Director presented the budget amendment (see synopsis
attached).
Harry Thomas, 654 Balboa Street, Sebastian, inquired about the $75,000
general fund loan to the Golf Course. The Finance Director said the loan
had not actually been made but was available in the general fund if needed.
Larry Driver, 462B De[Monte Road, Sebastian, inquired what funds are in
reserves. The Finance Director said there was approximately $2.28 million.
14
Regular City Council Meeting
May 8, 1996
Page Fifteen
96.097
MOTION by Halloran/Taracka
I move to adopt budget Resolution No. R-96-34 amending the fiscal
year 95/96 budget as submitted.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes ~ aye
MOTION CARRmD 5-0
RESOLUTION NO. R-96-35 - Amend R-95-96 Re: FDOT Grant
(Finance Director Transmittal 4/26/96, R-96-35)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLOR.DA AMENDING RESOLUTION NO. R-95-56 WI:riCH
APPROVED THE JOINT PARTICIPATION AGREE~MENT (GRANT)
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR RECONSTRUCTION AND OVERLAY OF
SEBASTIAN MUNiCiPAL AIRPORT RUNWAY 4-22 IN THE
AMOUNT OF $475,200.00; AMENDING THE AGREEIMENT AMOUNT
TO $475,000.00; PROVIDING FOR REPEAL OF 1LESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILiTY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-35 by title only.
MOTION by Cartwright/Bames
I'll move to adopt Resolution R-96-35.
15
Regular City Council Meeting
May g, 1996
Page Sixteen
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
96.098/ E.
95.102
RESOLUTION NO. R-96-36 - Authorizing Execution of Sebastian
Scrub - Option Agreement for Sale and Purchase - Atlantic Gulf
Communities Corporation/Florida Commmties Trust/City of
SebastiaW~dian River County (City Manager Transmittal 4/29/96,
R-96-36)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT AMONG ATLANTIC GULF COMMUNITIES
CORPORATION, FLORIDA COMMUNITIES TRUST, THE CITY OF
SEBASTIAN, AND iNDIAN RIVER COUNTY, THAT AGREEMENT
BEING AN OPTION AGREEMENT FOR SALE AND PURCHASE OF
REAL PROPERTY IN SEBASTIAN HIGHLANDS UNIT 17;
PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-36 by title only. The City
Manager gave a brief explanation.
16
Regular City Council Meeting
May 8, 1996
Page Seventeen
Mr. Barnes expressed concern about the cost of maintaining the scrub lots
and whether they could be assessed for water.
The City Manager said he had received the plans for Phase I of the County,
water expansion program which included these 56 lots, would compile a list
of scrub lots, review the plan and report back to Council on the potential of
the lots' impact on the assessment program.
TAPE II - SDE II (9:30 p.m.)
The City Attorney cautioned Council to be careful not to disrupt the Habitat
Conservation Plan, which could effect a halt to other development in the
City. He said title to the propemes will vest in Indian River County and
governmental bodies cannot be assessed with consent.
MOTION by Cartwright/Taracka
I move to adopt Resolution No. K-96-36.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
17
Regular City Council Meeting
May 8, 1996
Page Eighteen
13.
iNTRODUCTION OF NE'W BUSINESS FROM THE PUBLIC
grhich is not otherwise on the agenda - limit often minutes for each speaker
John Hindelang, 117 Keystone Drive, Sebastian, handed out a newspaper
article about a house under construction across the street from his home and
objected to the City's permitting regulations.
Kelly Mather, 733 North Fischer Circle, Sebastian, objected to the City
Council's approval of the Harbor Point burn variance and asked that it be
resc/nded. He distributed a letter to City Council.
Jim Stanberry, 982 Schumann Drive, Sebastian, discussed a sandstorm on
April 29, 1996, stating that Charles Kramer with Fischer and Sons came to
his house, agreed the material was from the sandmine and said the problem
would be taken care of, however, Mr. Stanberry was refused payment for
cleaning.
Mr. Barnes said a condition of the site is that the sand is to be kept wet to
eliminate these problems and, if this cannot be done, the operation should
be shut down until such time as the problem is corrected.
Mayor Cartwright said she was told by staff there was no violation. The
City Manager said he will bring a report back to Council on the matter.
Larry Driver, 462B DelMonte Road, Sebastian, asked questions of Ms.
Settles, but was requested to pose his questions to City Council and he
expressed concern for Council hiring her as City Attorney.
J. Marshall Beatty, 1848 Barber Street, Sebastian, discussed a problem with
vegetation overgrowth along the waterway behind his property which he
alleges was created by the City. The City Manager said he would look into
the matter.
18
Regular City Council Meeting
May 8, 1996
Page Nineteen
Herbert Sturm, 549 Saunders Street, Sebastian, discussed his dissatisfaction
with Code Enforcement, City staff, the press, and the courts relative to his
Code Enforcement problem.
TAPE III - SIDE I (10:15 p.m.)
Mr. Storm's input continued.
At 10:30 p.m. Mayor Cartwfight called for a motion to continue the
meeting.
MOTION by Bames/Halloran
I'll move to extend the meeting to 10:45 p.m.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwhght - aye
MOTION CARRIED 5-0
Bob Wilson, 562 Rolling Hill Drive, Sebastian, objected to City labor paid
at $4.48 per hour.
Joseph Rueck, 135 Miller Drive, Sebastian, expressed concern for builders
not completing construction.
The City Manager said he would talk to the Building Official, look into
permitting procedures and report back to City Council.
19
Regular City Council Meeting
May 8, 1996
Page Twenty
14. CiTY. COUNCIL MATTERS
A. Mr. Raymond Halloran
Mr. Halloran congratulated the City Manager and Ms. Settles for the letter
of agreement; and inquired why there are no ministers available for
invocation.
B. MrL Kichard Taracka
Mr. Taracka said there is time scheduled for public input at the Pdverfront
meetings; asked for information on Board of Adjustment applicants, to
which the City Clerk responded that she had five and needed two alternates;
and responded to Mr. Mat_her's concerns about the burn variance.
C. Mayor Louise Cartwri~t
95.099/
94.132
Police Der~artment Building
Mayor Cartwright asked Council, in regard to the Police Department
building, to authorize the City Manager to hire an environmental consultant
and personally recommended Dr. Will Spaul.
MOTION by Cartwright/Damp
I'd like to move that we authorize the City Manager to contact Dr.
Spaul and engage his services up to the amount of $5,000 for the Police
Department building.
MOTION by Barnes/Halloran
I'll vote for ten more minutes.
20
Regular City Council Meeting
May 8, 1996
Page Twenty One
ROLL CALL:
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwr/ght
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
The City Manager reported on recent findings regarding the Police
Department building aR quality problem, noting there were no vapor
barriers installed when construction took place and that the window
eau/king had cracked contributing to moisture buildup in the interior walls.
The City Attorney recommended authorization for the City Manager, ff he
finds good cause, to imtiate suit against the contractor or design
professionals or both involved in design and construction of the police
station and also to employ expert or skilled witnesses as he deems
appropriate to fully investigate whether or not the City has a cause of
action.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cam, mght - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
MOTION by Damp/Cartwfight
I so move as stated (by the City Attorney).
ROLL CALL:
Mr. Taracka
IX, ks. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
21
Regular City Council Meeting
May 8, 1996
Page Twenty Two
At 10:55 p.m., Mayor Cartwright adjourned the meeting. The following
items were not addressed.
D. Vice Mayor Walter Barnes
E. Mm Norma Damp
15. 12ITY ATTORNEY MATTERS
16. CiTY MANAGER MATTERS
Approved at the
, 1996, Regular City Council Meeting.
Louise R. Carrwright
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
22
I City of Sebastian
!225 MAIN STRE~ Z SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 388-c':':3200:2 FAX (407) 589-5570
Subject:
Use Agreement Between the City of
of Sebastian and the .Humane Society
Veto Beach & Indian River County,
Florida, Inc.
Approved tbr Submittal by: City Manager
City Manager ~ t, cJ. ~
Agenda No. q~./0/
Dept. Orion: City Manger
Date Submitted: 5/14/96
For Agenda of: 5/22/96
Exhibits: a)
b)
c)
Letter from Humane Society dated
May 8,1996
Proposed Use Agreement
General Liability Letter
Expenditure
Required: N/A
Amount
Budgeted: N/A
Additional Appropriation
Required: N/A
SUMMARX/STATENm-NT
The proposed "use agreement" provides for the temporary use of the Barber Street Sports
Complex to hold lost and'tbund ammats during natural disasters. The term of the agreement is
from June I, 1996 until November 30,1996.
The agreement can be renewed for one additional year by either party, and the agreement may be
terminated by either party upon .five (5) days written notice.
RECOMMENDED ACTION
The agreement appears to provide appropriate protection to the City, and adequate ability for the
City. to cancel within 5 days notice and is tied to the occurrence of a natural disaster with
concurrence of the Ciw Manager.
A motion should be made authorizing the City Manager to sign the Use Agreement with the
Humane Society of Vero Beach and Indian River County., FL, Inc.
soc, wao
INDIAN RIX/ER COUNTY, FL., INC.
May 8, 1996
Mr. Tom Frame, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re: Use Agreement with the City of Sebastian
Dear Mr. Frame:
For your review, enclosed is a copy of the "Use Agreement" between the City of
Sebastian and the Humane Society of Vero Beach and Indian River County, Florida,
Inc., last year for the use of the Barber Street Sports Complex in the event of a
hurricane or other natural disaster. At this time, we would like to renew this lease for
an additional year, per paragraph 9, of the lease signed last year. Should you or the
City Council have any modifications, please incorporate them and I will place them in
the agreement.
On behalf of the Board of Directors, I thank you and the City Council for permitting the
Humane Society to lease a portion of the Barber Street Sports Complex and for your
concern of the animals of our communities.
At your convenience, we would like to meet with you to discuss the procedures we will
be following and any other details you deem necessary in case of a hurricane. Again,
thank you and the Cib/Council for assisting the Humane Society to provide care for the
animals of our communities.
Si/~rc"erely.,,/%
DaSd N. Radabaugh
Administrative Assistant
Enclosures
An/ma/
4701 41st
We Speak For Those Who Cannot Speak For Themselves
Member of The American Humane Associ~,tion & Humane $ocieW of the United
'rhr, lt Shop
1622,1625 14th Avenue
567-'~044
USE AGREEMENT
THIS USE AGREEMENT is entered into this day of ~,
1996, between the CITY OF SEBASTIAN (CITY) whose address is 1225 Main Street,
Sebastian, Florida 32958 and THE HUMANE SOCIETY OF VERO BEACH AND
INDIAN RIVER COUNTY, FLORIDA, INC. (Humane Society) whose address is 4701
41st Street, Veto Beach, Florida 32966.
In consideration of the mutual promises contained herein, the City hereby
grants the Humane Society a license as follows:
1. The Humane Society is granted a license to use the area enclosed
within the ball field at the Barber Street Sports Complex (premises). This license
is for the express purpose of the Humane Society establishing a holding area for lost
and found animals during a hurricane, tornado or other natural disaster.
2. The Humane Society may assume occupancy of the premises upon
notification to the City Manager that the Humane Society has determined that a
hurricane, tornado or other natural disaster is eminent or has occurred which will
require the use of the premises and the City Manager concurs in such determination.
3. The Humane Society during occupancy shall provide for the housing
and care of the animals at such location. 'All animals will be secure in cages or
appropriate enclosures during occupancy of the premises.
4. The Humane Society shall provide for sanitation, maintenance and care,
including feeding the animals during occupancy. The Humane Society shall clean up
the City premises both during occupancy and at the time of vacating the premises.
The City by its execution of this Agreement does not assume any responsibility for
the feeding or maintenance of any animals or any clean up during or after occupancy
of the premises.
5. The Humane Society shall-take all necessary steps to return the animals
to their owners as soon as possible, but in no event shall the Humane Society occupy
the premises more than thirty (30) days after it assumes possession.
6. The initial term of this Use Agreement shall be for a period of six (6)
months commencing on June 1, 1996 and terminating November 30, 1996, however,
either party may terminate this Agreement by furnishing five (5) days written notice of
termination.
PAGE 'TWO
7. The Humane Society agrees to pay the sum of One Dollar ($1.00) in the
event the Humane Society assumes occupancy of the premises. Payment shall be
made when the Humane Society assumes occupancy of the premises.
8. The Humane Society will indemnify and save the City harmless from any
and all liability arising out of the HUmane Society's use or occupancy of the premises.
The Humane Society will-obtain liability insurance in the amount of One Hundred
Thousand Dollars ($100,000.00) per person and Three Hundred Thousand Dollars
($300,000.00) per incident and furnish the City a copy of such policy prior to assuming
occupancy of the premises.
9. Either party may renew this Use Agreement for an additional one (1)
year period by providing a thirty (30) day written notice to the other party of the election
to renew. However, this paragraph is specifically subject to the termination provision
contained in paragraph six (6) hereinabove.
IN WITNESS WHEREOF, the parties to this agreement have hereunto set their
hands and seals the day and year first above written.
CITY:
THE CITY OF SEBASTIAN
BY:
Witness
NAME:
TITLE:
Witness
HUMANE SOCIETY OF VERO BEACH
AND INDIAN RIVER COUNTY, FLORIDA, INC.
BY:
Nancy H. Benedict, as President
Witness
Witness
JACK C. REDISH
PRESIDENT
WARREN T. 7EUCH, JR.
ViCE-PRE$II~ENT
ALL FORMS OF INSURANCE
2156 PONCE DE LEON CIRCLE
VERO 8EACH. FLORIDA 32960
· 07 - 562-6581
May 9th, 1996
Mr. Tom Frame
CITY OF SEBASTIAN
City Hall _ 1225
Main Street
Sebastian, FL 32958
RE:
THE HUMANE SOCIETY OF VERO BEACH INC
General Liability
Dear Mr. Frame:
We have been requested by David at The Humane Society,
to notify you that if the Society uses your. premises
in the event of a hurricane to house animals and cages,
we will be happy to provide you with a certificate of
insurance which would extend liability to you. We can
name the City of Sebastian as additional insured if
necessary.
Please be kind enough to notify us in the event a
hurricane hits and we need to then furnish you with
this certificate.
Yours very truly,
Marcia Emerick
Licensed Agent
CC:
Humance Society
PO Box 644
Veto Beach, FL
32961
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
Resolution No. R-96-39
Termination of Maintenance
Agreement with Custom
Carriages, Inc.
AGENDA NO:
DEPT. ORIGiN:
DATE SUBMITTED:
MEETING DATE:
5/]4/96
APPROVED FOR SUBMITTAL: EXltlBITS:
City Manager'
I Expenditure Required:
N/A
Amount Budgeted:
N/A
* Memo .from Pamck Cerjan to
City Manager 5/14/96
* Agreement with Custom
Carriages, Inc.
* R-96-39
'] Appropriation Required:
N/A
SUMMARY STATEMENT
Upon receipt of the notification from Club Car, Inc. that the golf course has received
delivery of the new golf carts, it is no longer necessary to maintain the maintenance
agreement with Custom Carnages, Inc.
Section 10(b) of the agreement provides for cancellation by the City at any time, with or
without good cause, upon thirty (30) days written notice to the contractor.
Under the terms of the lease agreement with Club Car, Inc., the City is not responsible for
maintenance.
BECOMMENDATION
Adopt Resolution No. R-96-3 9 authorizing the City Manager to give Custom Carriages
the required tkirty days notice to cancel the existing maintenance contract.
SEBASTIAN MUNICIPAL GOLF COURSE
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Thomas Frame, City Manager
Patrick Cerjan, Dirctor of Golf/Q, ~
May 14, 1996
MAINTENANCE CQNTRACT-CUSTOM CARRIAGES
We have received notification that the new leased Club Cars for the Golf Course
will be delivered during the week of May 20, 1996.
In compliance with Section 10, Paragraph (b) on page 5' of the Maintenance
Contract with Custom Carriages I recommend that Council agree to terminate this
contract as soon as possible.
PC/BTM
AGREEMENT
by and between the City of Sebastian, a political subdivision of
the State of Florida (hereinafter called the "City"), and CUSTOM
CARRIAGES, INC., or its successors, executors, administrators, and
assigns (hereinafter called "Contractor") .
W I T N E S S 'E T H:
The City and Contractor for good and valuable consideration as
hereinafter set forth, do mutually agree as follows:
1. Scone of Work: Contractor agrees to furnish all
materials, labor, supervision, and services necessary to complete
the work as described in the contract documents (the "Contract
Documents") and agrees to complete the Work in a workmanlike manner
in accordance with all applicable codes and in full compliance with
the Contract Documents.
2. ~ontract Documents:
(a) The Contract Documents consist of this Agreement,
Notice of Invitation to Bid, Instructions for Bidders,
Specification Sheet, Special Terms and Conditions, Bid Form, all
drawings, specifications, addenda issued prior to the execution of
this Agreement, other documents listed in this Agreement and
modifications issued after execution of this Agreement. The
Addenda, if any, are as follows:
The intent of the Contract Documents is to include all
necessary for the proper execution and comp-~etion of the Work by
Contractor The Contract Documents are complimentary, and what is
required b~
shall be if required by all; performance
one
binding as
by Contractor shall be required only to the e~tent consistent with
the Contract Documents and reasonably inferable from them as being
necessary to p~oduce the intended results.
(b) The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor, or, (2) between any
persons or entities other than the City and Contractor.
(c) 'The term "Work" means the maintenance or
construction and services required by the Contract Documents,
whether completed or partially completed, and includes all labor,
materials, equipment and services provided or to be provided by
Contractor to fulfill Contractor's obligations hereunder. The Work
may constitute ~he whole or a part of the project. ~
3. Contract Sum and ~aYmeR~ to Contrl~cto~:
(a) Contract Sum: The City shall pay to Contractor for
Contractor's performance hereunder, the amount(s) specified in the
Contract Documents (the "Contract Sum") which is $10,320.00 and an
annual contract escalation equal to the Miami Consumer Price Index
as of July 1, not to exceed 5% of the current annual contract
price.
(b) Coptract Payqmen~s: The City shall make payments on
account of the Contract Sum to Contractor as provided below and
elsewhere in the Contract Documents. If no provision for progress
payments is made in the Contract Documents, each payment shall be
based on the percentage of work actually completed.
(i) Each Invoice for Payment by Contractor shall be
submitted to the City by the twenty-fifth (25th) day of each month.
(ii) Provided an invoice for Payment is received by
the City not later than the twenty-fifth (25th) day of a month, the
City shall make payment to Contractor not later than the tenth
(10th) day of the following month. If an.Invoice for Payment is
received by the City after the application date fixed above,
payment shall be made by the City not later than twenty (20) days
after the City receives the Invoice for Payment.
4. Contrag~or's Obli~a~.ions:
(a) Contractor shall supervise and direct the Work,
using Contractor,s best skill and attention. Contractor shall be
solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating
all portions of the Work under this Agreement, unless the Contract
Documents give other specific instructions concerning these
matters.
(b) Unless otherwise provided in the Contract Documents,
Contractor shall provide and pay for labor, materials, equipment,
tools, maintenance equipment and machinery, transportation, and
other facilities and services necessary for the proper execution
and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
(c) Unless otherwise provided in the Contract Documents,
Contractor shall pay all sales, use and other similar taxes and
shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
(d) Contractor shall enforce strict discipline and good
order among Contractor's employees and other persons carrying out
2
the Work. Contractor shall not permit employment of unfit persons
or persons not skilled in tasks assigned to ~hem.
(e) Contractor currently holds and shall maintain at all
times during the term of this Agreement all required federal, state
and local licenses necessary to perform the Work required under the
Contract Documents.
(f) Contractor shall be responsible to the City for the
acts and omissions of Contractor's employees, Subcontractors and
their agents and employees, and other persons performing portions
of the Work under a contract with Contractor.
5. CitY's Obliqation:
(a) The city shall, at no cost to the Contractor,
provide the following services and materials or facilities:
(3)
(4)
(5)
Water and sewer while servicing the City's
carts.
Electrical while servicing the City's carts.
Reimbursement for repair parts and materials
which are authorized by the City and required
for proper maintenance and utilization of City
equipment.
Adequate parking spaces designated for
Contractor employees.
Maintenance facility meeting all OSHA
Standards for a maintenance and repair
facility.
(b) The City shall provide a City representative at the
golf course with the authority to authorize repair part purchase
order submission to City Finance and who represents the City
Manager for supervisory decisions regarding g_oil course maintenance
and other related activities as outlined with the Cont~
Documents.
6. Warranty: Contractor warrants to the city that all
materials and labor furnished under this Agreement shall be free
from any and ail defects and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved
and authorized, may be considered defective.
7. Correction of Work:
(a) Contractor shall, at no cost to the City, promptly
correct Work failing to conform to requirements of the Contract
Documents, whether observed before or after completion of the Work
and whether or not fabricated, installed or completed, and shall
correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of thirty
(30) days from the date of completion of the Work or by the terms
of an applicable special warranty required by the Contract
Documents. The provisions of this Paragraph 7 apply to the Work
done by Subcontractors as well as to the Work done by direct
employees of Contractor.
(b) Nothing contained in this Paragraph 7 shall be
construed to establish a period of limitation with respect to other
obligations which Contractor might have tinder the Contract
Documents. Establishment of the time period of thirty (30) days as
described in Subparagraph 7(a) above relates only to the specific
obligation of Contractor to correct the Work, and has no
relationship tot_he time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the
time within which proceedings may be commenced to establish
Contractor,s liability with respect to Contractor's obligations
other than specifically to correct the Work.
8. Subcontracts:
(a) A Subcontractor is a person or entity who has a
direct contract with Contractor to perform a portion of the Work.
(b) A Supplier is a person or entity who has a direct
contract with Contractor to provide materials and/or supplies
required to perform a portion of the Work.
(c) Unless otherwise stated in the Contract Documents or
the bidding requirements, Contractor, as soon as practicable after
award of the Contract, shall furnish in writing to the City the
names of the Subcontractors and Suppliers for each of the principal
portions of the Work. C~ntractor shall not contract with any
Subcontractor or Supplier to whom the City has made reasonable and
timely objection. Contracts between Contractor and its
Subcontractors and Suppliers shall require ~ch Subcontractor ~-~
Supplier, to the extent of the Work to be performed by the
Subcontractor and the material and/or supplies.to be provided by
the Supplier, to be bound to Contractor by the terms of the
Contract Documents, and to assume toward Contractor all the
obligations an~ responsibilities which Contractor, by the Contract
Documents, assumes toward the City.
9. Term: The term of this Agreement shall be five (5)
years, beginning October 1, 1994, unless otherwise specified in the
Contract Documents. The parties reserve the right to extend the
term of this Agreement for an additional term of five (5) years on
the same terms and conditions upon mutual written agreement.
4
10. T~rmina~ion:
(a) For Cause: If Contractor defaults or persistently
fails or neglects to carry out the Work in accordance with the
Contract Documents or fails to perform a provision of this
Agreement, the City, after ten (10) days written notice to
Contractor and without prejudice to any other remedy the City may
have, terminate this Agreement.
(b) ~hout cause: The City retains the right to cancel
this Agreement at any time, with or without good cause, upon thirty
(30) days written notice to Contractor when such termination is
deemed by the City Council, to be in the public interest.
(c) Payment Upon Termination: In the event of
termination as provided herein, Contractor shall be paid for
services performed through the date of termination, less damages
incurred by the City as a result of Contractor's failure to carry
out the Work in accordance with the Contract Documents and
Contractor's failure to perform any provision of this Agreement.
11. Indemnity: To the fullest extent'permitted by law,
Contractor shall indemnify, defend and hold harmless the City and
the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to
attorney's fees, arising out of or resulting from performance of
the Work, except for injuries, damages or claims which are the
result of the sole negligence of the City, its agents, servants, or
employees, and Contractor shall at its own cost and expense defend
the City against any such claim, suit, action or proceeding which
may be commenced against the City by reason thereof. Contractor
hereby acknowledges that the obligations imposed upon the City and
the terms of this Agreement are the specific consideration for the
indemnification provided herein.
12. Insurance: Contractor shall procu-~e and maintain du~i~
the life of this Agreement insurance of the types and subject to
the limits set forth below. Contractor shall also provide the City
with evidence of this insurance prior to commencement of the Work
in the form of Certificates of Insurance which shall be subject to
the City's appFoval for adequacy.
(a) Workers' Compensation: Contractor shall purchase
from and maintain in any company or companies lawfully authorized
to do business in Florida, workers' compensation insurance for
protection from claims for damages because of bodily injury,
including death, and from claims for damages, other than to the
Work itself, to property which may arise out of or result from
Contractor's operations under this Agreement, whether such
operations be by Contractor or by Subcontractors or by anyone
directly or indirectly employed by any of them. This insurance
shall be written for not less than the limits of liability required
by law, and shall include contractual liability insurance
applicable to Contractor's obligations under Paragraph 11.
Coverage B, Employer's Liability, shall be written for a minimum
liability of $100,000.00 per occurrence.
(b) Commercial GeR.era~ Liability: Contractor shall
provide and maintain during the life of this Agreement, at
Contractor,s own expense, Commercial General Liability insurance on
an occurrence basis for a minimum of $1,000,00.00 per occurrence
for claims of bodily injury including death, and $500,000.00 for
property damage.
(c) Commercial Auto Liabi!itv: Contractor shall provide
and maintain during the life of this Agreement, at Contractor's own
expense, Commercial Auto Liability insurance on an occurrence basis
for a minimum $100,000.00 per occurrence for claims of bodily
injury, including death, and $300,000.00 for property damage.
13. Perfq.r~ance Bond: Contractor shall purchase and maintain
throughout the duration of this Agreement a Performance Bond in an
amount equal to 110% of the face amount of the Contract Su~, unless
such requirement is specifically waived or modified in writing by
the City. Said bond shall be with a surety insurer authorized to
do business in the State of Florida. In lieu of said bond,
Contractor may obtain and deliver to the City an irrevocable letter
of credit from a qualified lending institution in an amount equal
to the Performance Bond required. Contractor shall submit to the
City proof of said surety bond or letter of credit upon execution
of this Agreement.
14. ~: Contractor shall not assign this Agreement
to any other persons or firm without first obtaining the City's
written approval.
15. ~: Ail notices, requests_~ consents, and o%he~
communication required or permitted under this Agreement shall be
in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed to:
IF TO THE CITY:
City of Sebastian
Attn: Joel Koford, City Manager
1225 Main Street
Sebastian, Florida 32958
WITH A COPY TO:
Clifton A. McClelland, Jr., Esq.
City Attorney
c/o Potter, McClelland, Marks
& Healy, P.A.
Post Office Box 2523
Melbourne, Florida 32902-2523
IF TO CONTRACTOR:
Custom Carriages, inc.
18754 E. Colonial Drive
Orlando, FL 32820
16. Time: Time limits stated in the Contract Doct~ments are
of the essence of this Agreement. By executing this Agreement,
Contractor confirms that the contract time is a reasonable period
for performing the Work.
17. Conflict .gl IDterest:
(a) Contractor represents that it presently has no
interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services
required hereunder, as provided by law. Contractor further
represents that no person having any such interest shall be
employed in performance of the Work.
(b) Contractor shall promptly notify the City in writing
by certified mail of all potential conflicts of interest prohibited
by existing state law involving any prospective business
association, interest or other circumstance which may influence or
appear to influence Contractor,s judgment or quality of services
being provided hereunder. Such written notification shall identify
the prospective business association, interest or circumstance, the
nature of work that Contractor may undertake and request the
opinion of the City as to whether the association, interest or
circumstances would, in the opinion of the City, constitute a
conflict of interest if entered into by Contractor. The City
agrees to notify Contractor of its opinion by certified mail within
thirty (30) days of receipt of notification by Contractor. If, in
the opinion of the City, the prospective business association,
interest or circumstance would not constitute a conflict of
interest by Contractor, the City shall so state in the notification
and Contractor shall, at its option, enter into said associatio_3L,
interest or circLLmstance and it shall b~- deemed to be not a
conflict of interest with respect to services provided to the City
by Contractor under the ter~s of this Agreement.
18. CompliaDce WiSh Ail AD~lica$1e Federa~ Law~: Contractor
shall comply ~ith all applicable federal laws that in any way
regulate or impact the Work, including, but not limited to, The
Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC
§1531, e~t s_~_q.), Executive Order No. 11593, Executive Order No.
11988, Executive Order No. 11990, The Fish and Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL
90-542, as amended), The Demonstration Cities and Metropolitan
Development Act of 1966 (PL 89-754), Section 306 of The Clean Air
Act, Section 508 of the Clean Water Act, Executive Order No. 11738,
The Civil Rights AcE of 1964 (PL 88-352), The Age Discrimination
Act (PL 94-135), Section 13 of the Federal Water Pollution Control
Act (PL 92-500), ~xecutive Order NO. 11246, Executive Order No.
11625, Executive Order No. 12138, Executive Order No. 12549, The
Davis Bacon Act (40 USC §276), the Occupational Safety and Health
Act and applicable regulations, and the Americans with Disabilities
Act (PL 101-336).
19. (a) Liquidated Damaaes: In the event Contractor
violates or fails to perform any provision of the Contract
Documents, then the City may elect to receive as liquidated damages
the amount(s) specified in the Contract Documents. It is expressly
acknowledged by Contractor that said payment shall not be
interpreted nor construed as a penalty, but is in fact a good faith
attempt to fix damages which the City will suffer in the event
Contractor fails to perform as required hereunder or violates any
provision of the Contract Documents.
19. (b) Duty of Repair: After the City's golf carts are
repaired and brought to "rental condition" for general public use
at City expense, the Contractor shall make all necessary
inspections, adjustments and repairs to the golf carts owned by the
City. The city at its expense must supply the parts for the repair
of the carts. The Contractor shall maintain the carts in a safe
and rentable condition for the public use of t_he golf carts. If
the Contractor provides parts to the City, such parts shall be
supplied at a discount of at least 10% below the manufacturer's
suggested price.
20. Bid and Payment Bonds: Contractor shall purchase and
maintain such bid and payment bonds as are required by the City and
specified in the Contract Documents.
21. Dru~-Free Workplace: Contractor, in accordance with
Florida Statute 287.087, hereby certifies that Contractor does:
(a) Publish a statement notifyi~ employees that
unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for
violations of such prohibition.
(b) ~nform employees about the dangers of drug abuse in
the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
(c) Give each employee engaged in providing the
commodities or contractual services that are required hereunder a
copy of the statement specified in Subparagraph. (a).
(d) In~ the statement
notify the employees that, as
specified in Subparagraph (a),
a condition of working on the
commodities or contractual services tha~ are required hereunder,
the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 1893 or of any controlled
substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such
conviction.
(e) Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's community, by any employee
who is so convicted.
(f) Make a good faith effort to continue to maintain a
drug-free workplace through implementation of Subparagraphs (a)
through (e).
22. Public Entity Crimes:
(a) Contractor hereby acknowledges, represents and
warrants:
(i) That a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida Statutes, means a violation of any
state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or
with an agency or political subdivision of any other state or of
the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the
United States and. involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
(ii) That "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida Statutes, ~.Dns a finding of guil~
or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, non-jury trial,
or entry of a ~lea of guilty or nolo contendere.
(iii) That an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
1. A predecessor or successor of a person
convicted of a public entity crime; or
2. An entity under the control of any natural
person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling
of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
(iv) That a "person" as defined in paragraph
287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services
let by a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
(b) Based on information and belief, the statement which
Contractor has marked below is true in relation to Contractor
submitting this sworn statement. [indicate which statement
applies.]
Neither Contractor, nor any of its officers,
directors, executives, par=hers, shareholders, employees,
members, or agents who are active in the management of
Contractor, nor any affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July !, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged with and convicted of ~_public entity c=i~e
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a
subsequent proceeding before a Hearing Officer of the
State of Florida, Division of Administrative Hearings and
the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place
Contractor on the convicted vendor list. lA,tach a copy
of the final order.]
(C) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 22 TO THE
CITY ~ FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS,
REPI~ESENTATIONS AND WARRANTIES ~ VALID THROUGH DECE~ER 31 OF THE
C~E~ Y~ IN ~I~ THIS AG~~ IS E~CUTED. IN T~ E~
THE TE~ OF THIS AG~~ S~LL E~TE~ BEYO~ ~ ~~ ~ I~
~ICH IT W~ E~C~ED, CO~CTOR S~ E~CUTE ~ SU~IT TO THE
CITY A ~ SWO~ ST~TE~ ~ER SECTION 287.133, F~RIDA STATUTES,
ON PUBLIC E~ITY CRI~S, FO~ PUR. 7068, AS ~ISED F~M TI~ ~0
TI~. CO~CTOR ~SO ~E~T~S T~T CO~CTOR IS ~QUI~D TO
I~O~ T~ CITY P~OR TO E~ERING I~O A CO~CT IN EXCESS OF T~
TH~SHOLD ~O~ P~FIDED IN SECTION 287.017, F~RIDA STATUTES FOR
CATEGORY ~O OF ~ C~GE IN T~ I~O~TION CO~AI~D IN THIS
P~G~PH 22.
23. Entire and Sole Aareement: Except as specifically stated
herein, the Contract Documents constitute the entire agreement
between the parties and supersede all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in the Contract Documents. Neither party
has in any way relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, statements,
promises or understandings not specifically set forth in the
Contract Documents.
24. Successors and Assiqns: Except as otherwise provided in
the Contract Documents, all covenants and agreements of the parties
contained in the Contract Documents shall be binding upon and inure
to the benefit of the respective successors and assigns of the
parties.
25. Attorney's Fees: In the event of any action, proceeding,
suit or claim is filed, initiated or maintained to enforce any of
the provisions of the Contract Documents, the prevailing party
shall, in addition to relief to which it is otherwise entitled, be
entitled to recover such further amounts, to the extent lawful, as
shall be sufficient to pay the cost and eX~nses of enforcemenlL,
including reasonable attorney's fees, both at trial and all
appellate levels.
26. Remedies: No remedy herein conferred upon any party is
intended'to be. exclusive of any other remedy and each and every
such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise.
27. Governinq Law: The Contract Documents shall be construed
and enforced in accordance with and governed by the laws of the
State of Florida, and venue for any action pursuant to the Contract
Documents shall be in Indian River County, Florida.
28. Amendments: Neither the Contract Documents nor any term
thereof may be changed, waived, discharged or terminated orally,
except by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination
is sought.
29. ~: The failure of any of the par~ies at any time to
require performance of any provision of the Contract Documents
shall in no manner affect the right of such party at any later time
to enforce or require the same unless waived in writing. No waiver
by any party of any condition or breach shall be construed or
deemed to be a waiver of any other condition or any other breach of
any term, covenant or warranty contained in the Contract Documents.
30. ~: In the event of any conflict between the
provisions of this Agreement and any attachments or addendums
hereto, the provisions of this Agreement shall prevail.
IN WITNESS WHEREOF, the City has hereunto subscribed and
Contractor has affixed his, its, or their names or name.
ATTEST:
Kathryr{ M. O'Halloran
CMC/AAE, City Clerk
CITY:
THE CiTY OF SEBASTIAN
Approved as to Form and Content:
, .....
Clifton A. McClelland, Jr.
City Attorney
Signed, sealed and delivered
in the presenc~ of:
Name: ~ ~~__
z j. ~/ ......
12
CONTRACTOR:
CUSTOM CARRIAGES, INC.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before3De this /Z~
day of~~A~ , 1994, by ~~L. ~ as
~~ of the CITY OF SE~STI~, F~RiDA, on
behalf o~e CITY O~~TI~. ~/she is personally ~o~ to me
or produced -- as l~entificatio~.
Printed Name '~
Commission Number: ' ~.d ~o'?~i,,~ .'
My Co~ission Expires: /0/~/~ ,,
STATE OF FLORIDA
counTY 0F
T~,~fo~e~_oing instrument was acknowle_~ged ~.fgre me this
day' of~~ ........ , 1994, by ~J~ /~/~ ..~. as
of CUSTOM CARRIAGES, INC.~ on behalf of
CONTRACTOR] He/she ~s personally/known to me
,U/,e as
identification.
C0mmissio~ Number. ~
My Commission Expires:
13
RESOLUTION NO. ]R-96-39
i A RESOLUTION OF ~ CITY OF SEBASTIAN, INDL6aN RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-94-54;
AUTItORIZING TItE CITY MANAGER TO GiVE TItIRTY DAYS
I NOTiCE OF TERMINATION OF TItE GOLF CART
MAINTENANCE AGREEMENT WiTH CUSTOM CARRIAGES,
INC., PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT }tEREWITlt; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian entered into a maintenance agreement with
Custom Carriages, Inc. for Golf Course cart maintenance services on October 12, 1994 by
adoption of Resolution No. R-94-54; and
WHEREAS, the City entered into a lease agreement with Club Car, Inc. for new
golf carts on February 16, 1996 by adoption of Resolution No. R-96-18; and
WHEREAS, Club Car, Inc. will maintain the new golf carts.
NOW, TltEREFORE, BE IT RESOLVED BY ~ CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. TERMINATION OF AGREEMENT. The City Manager
is hereby authorized m provide thirty days notice of termination of the golf course cart
maintenance agreement with Custom Carriages, Inc.
~ CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed, including Resolution No. K-94-54.
i~3_C..TI_Q,N_~ SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further b'e assumed that the City Council would have enacted the
remainder of this Resolution without such Invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
SECTION 4. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Nonna J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Resolution duly passed and adopted this
of ,1996.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Sea )
Approved as to Form and Content:
City Attorney
3
day
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
Prior Approval for Reimbursement
of Expenses - Mayor Cartwright
and Vice Mayor Barnes
Institute for Elected Officials
June 13-15, 1996
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
Ci.ty Clerk 4'~
5/16/96
5/22/96
APPR~,~. ~ ./~/OR SUB MITTAL:
EXHIBITS:
* Institute Agenda
Expenditure Required:
Amount Budgeted:
Travel - 5; 1000
Education - $1230
Appropriation Required:
SUMMARY STATEM-ENT
Mayor Cartwrighr and ViCe Mayor Barnes wish to attend the Institute for Elected
Officials sponsored by the Florida Institute of Government in Sarasota from June 13
through June 15, 1996.
Section 2-34 of the Code of Ordinances requires prior approval of the City Council for
reimbursement for expenses, subject to limitations set by the State, which will be incurred
in connection with attendance at a conference or function a City Council member attends
on behalf of the City.
RECOMMENDATION
Approve reirabursement of expenses recurred by Mayor Cartwright and Vice Mayor
Barnes for their attendance at the Institute for Elected Officials in Sarasota, Florida, June
13 through June 15, 1996, in accordance with State limitations.
Thursday, June 13
Re~7~s~rafion
/ntroductions
Morning Session
A~ernoon Session
Institute for Elected Municipal Officials
June 13 ~ ~5, ~996
Hyatt $ara$ota
1000 Boulevard of the Arts
Sara$ota, Florfda
Agenda
8:00 am - 8:30 am
8:30 am - 9:00 em
9:00 am - 12:00 noon
StTuc~re and Functions of Municil3al Government in Ftoricla
Lynn Til3ton, Assistant t~ the Executive Direr'or
Florida League of Cities
12:00 noon -'t:30 pm Group Lunch
1:30 pm. 4:30 pm
How t~ be an Effective. Councilmeml3er
Marilyn Cro~, Dlrec[or
Flortoa Institute o1' GovemmenL University of Cen~al Fiartda
Friday, June 14
Morning Session
Afternoon Session
Saturday, June
Morning Session
Afternoon Session
8:30 am. f'l :30 am
Taxes and Other Sources of Revenue
Lynn Ttpton
Fionda League of Cities
11;30 am - 1;00 pm Lunch
1:00 pm - 4:00 pm
Budgeting and Acc'~unting
George Bal;twin, Director of F~nance
City of Titusville
8:30 am. ~0:0~ am
~n~ercjovemmental CHallenges
Lynn Til=t~n
Florida League of Cities
10:00 am - 12:00 noon
Ethics: Undemtanding Government tn the Sunshine
John Hubbard, Attorney
Frazee, Hubbard, & Brandt
42:00 noon ~.1:00 pm Lunc~
1:00 pm - 3:00 pm
Conflict:. Unclerst3nding Government in the Sunst~ine
David Coffey, Ar~omey
McPherson & Coffey
£0d 9£~ ~00-68~-~06:0N X~ !AO-~ £SNI b~I~O]~:EI BS:SI B~l
City of Sebastian
1225 MAIN STREET c SF_RASTIAN, FLORIDA 32958
TELl=PHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Parehase of IBM Laptop )
Computer, Word l>erfect6.1,
and Waiver of Sealed Bid )
p~:oCedure
Approval For Submittal By:
AGE~NDA NO
Dept. Origin: City Manager
Date Submitted: 5/15/96
For Agenda Of: 5/22/96
Exhibits: None
EXPE~-D 1TLrRE
ltE Q UI]R~D: $2798.10
:-~MO UNT ,-kPPROPRIATION
BUDGETED: $3580.00 REQLrIR~D: None
The purchase of rids laptop computer is for use by Ci~ Attorney, ~£s. Valerie Serdes and
will be needed as an impomnt mot for her ro ase. The purchase will be "pig,m/back" off
Florida Stare Corm-act from Vansmr Co., & we requexr CiV Council waive the formal sealed
bid process due to Rte low price afforded by Florida State Contract:
[. Computer TP365XD, ?enrium/100M]H2, 8[0 ~[B, CD-iIOM 52526.54.
2. WordpeX'ecr 6. t 271.56
Torsi S2798. i0
REC 0M3,FEN'DATION
i move to approve purchase of dae IBM TP365XD !a.orop computer m the mnounr of
$2798. i0 fi-om Vansrar Co., & waiver of nhe sealed bid procedure.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Community Center Rental
APPROVED FOR SUBMITTAL BY:
] AGENDA NO.
]
]
]Dept. Origin :
]
] Date Submitted:
]
] ForAgenda Of: ~
City Manager: ~ u.~-~~- Exhibits:
] Application
/05'"
Clef
City ~, ~
__May 13, 1996
May 22, 1996
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARy.~;TATEMENT
Karen Dailey and Brian Stant are requesting permission to rent the Community
Center for a wedding and reception on June 8, 1996 from 2:00 PM to 7:00 PM.
They are also requesting the use of alcohol at this event.
A $250.00 security deposit was received with application.
RECOMMENDED ACTION
Move to approve the request.
CITY OF SEBASTiAN
RENTAL PERMIT APPLICATION
¢<"] COB,[MIJN1TY CENTER [ ] YAC-qIT' CLUB
N~me ai Perrmttee '
Address oi Pe .r'mzttee ·
N6rne =i Crgc~n~Z~on or Grout: ff Appl/c=bie:
P!ecse Answer .WES or NC:
[) Are ~tchen .;ccffi~es .r~?
2) .&re 7ou c[ r~mdent of Sebcsucn?
3) W~ d~=~dcns he put u~?
4) ~ ~e~ be ~ ~on or door ck~e?
Amomx ,~ of P~mons A~endinq E-mn= ' ~' o '- .~ ~ o
/
to: '"X'. OO I
Mcke Checks P=y~bie to: CTT¢ OF S~r.~.ASTIAN
· " SPEC',g2. NOTE: A service fee of 5% or $20.00 (whichever is gte{stet} mcry be chcrged for re:ry.
dishonored check per ~oridci -qtclte StcffUte I66.251.
O F F [ C E U S a 0,¥ LT',
Sec'.mW Demosit Prod On
RentcJ. Fee Prod C'n
cn
City of Sebastian
I 1225 MAIN STREET I: SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [~ FAX (407) 589~5570
AGENDA FORM
]
Re-establish Board of ]
Adjustment ]
]
] Dept. Origin · City Cie
]
] Date Submitted:~May 16, 1996
APPROVED FOR SUBMITTAL BY: ]
] For Agenda Of: ~May 22, 1996
City Manager: ~ ~0~ ]
] Exhibits: Eight applications for Board of
Adjustment; Board Handbook Pages 21
and 4
E
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
~ STATEMENT
The City Council has been acting as the Board of Adjustment and would now like
to re-establish the Board of Adjustment with five (5) members and two (2)
alternates. Eight applications have been received.
RECOMMENDED ACTION
City Council to appoint five regular members to the Board of Adjustment as
follows:
(1) One (1) member shall be appointed for a term of one (1) year.
(2)
(3)
(4)
Two (2) members shall be appointed for a term of two (2) years.
Two (2) members shall be appointed for a term of three (3) years.
Thereafter all appointments shall be made for a term of three (3) years.
Appoint two (2) alternate members for a term of three (3) years.
BOAILD OF AD.FUSTM'E. N~F
LAND DEVELOPMENT CODE
(Sec. 20A- 11.2)
A. Establishment, Composition and Terms. The board of adiustment, is hereby
established and shall consist of five (5) membea-s and two (2) alternates who shall be
residents of the City and shall serve without compensation. For all appointments
occurring a/ter September 30, 1991, the City Council shall appoint the regular members
to the board of adjustment as follows:
(1) One (1) members shall be appointed for a term of one (1) year.
(2) Two (2) members shall be appointed for a term of two (2) years.
(3) Two (2) members shall be appointed for a term of three (.3) years.
(4) Thereafter all appoinunenm shall be made for a term of three (3) years.
(5) In no event shall any mctividua/who has served as a re~mal~ member of the board of
adjustment for the ~eater of two (2) consecutive terms or six (6) consecutive years be
reappointed to s~,-ve another consecutive term as a regular member of the board of
adjnsunent unless no other individual, who is otherwise legally qualified to serve as a
re~m21ar member of the board of adjustment, has filed an application with the City Clerk
which is then ~ pending, seeking appointment to serve as a regular member of the
board of a~usunenc
1. Continuation of present board members. The present members of the board
of adjustment shall continue in office until their respect/ye terms expire and the/r
successors are appointed in the manner provided by law.
2. Appointment of alternate members and their duties. Each alternate member
shall be appointed for a term of three (3) years. The alternate members of the board o£
adjustment may attend all meetm~ of the board of adjusunent but shall act only the
absence, disability or disqualification of a regular member thereof. When an alternate
21
pending seeking appoinunen~ to serve as a r%mflar member of such appointive board,
commission or committee. This provision shall not preclude such regular member from
seeking appointment as a regular member to another appointive board, commission or
committee.
d. In the event that the City Counc~ fails to reappoint ~ member for any reason
prior to the ex=izauon of the member's term, the member shall continue to se.we until
reappointment is ratified or a new appointment is confirmed.
e. Whenever a current or former member of an appointive board, commission or
committee is being considered for appointment or reappointment to an appointive board,
commission or committee., the City Council shall consider the number and nature of the
memoranda of conflict previously filed by such individual pursuant to Section 112.3143
of Florida Statutes.
UN'EXPIRED TERM. In the event that a vacancy occurs prior to the e,',rpiration
of the term, the chairperson of the respective board, commission or committee ~hall place
the filling of such term on the ~enda of the next regaxlar meeting or call a ~ecial meeting
for the sole purpose of considering the ~11ing of such vacancy.. The board, commission or
committee, may recommend the ~11ing of the unexpired term by appointment of an
alternate member or another applicant for the position The City Council shall review the
recommendations of theboarck commission or committee prior to exercising itsdiscre~ion
in filling the unexpired term.
SOLICITATION FOR APPLICA_NTS.
a. The City Clerk shall, by press release in a newspaper of general circulation in
the City of Sebastian, notice open positions at the request of board secretaries.
INTERVIEW. The respec*dve board, commission or committee may interview an
applicant at a public meeting however, the City Council shall interview each applicant at
a public meeting and shall vote for their setez~donat a public meeting designated for such
purpose.
REMOVAL.
a. Prior to suspending or removing a member of an appointive board, commission
or committee, the City Council shall specify snff]cient facts to advise the affected
member as to the basis for his or her suspension or removal, provide reasonable nonce,
Clive M. Be~.kwith
Dear Honorable Mayor & Members of The
Enclosed herewith is my application to
to the City o]~ Sebastian. Appropriate
with a copy of several recent letters to the
River Press Journal which they saw fit to p
that they will portray my feelings about
future. For further reccomendations kindly
(589-3516) of Sebastian's Planning and Zo
I look forward to meeting you all and
better Sebastian.
Sincerely, --
465 Lighthouse Avenue
Sebastian, FL 32958
388-0414
Co unc i 1,
serve on an advisory board
addenda sre included along
Editor of the Indian
publish. It is my hope
Sebastian and it' s
contact Jean Brantmyer
Zoning Board.
working with you for a
.
8.
APPL?CATiON TC SERVE O~ CiTY BOARD
~k~.E: C £ I V ~ w'l
'~oMs A~DRSSS:
~o~.s ?_~,s.~o~s:
BUSINESS:
BUSINESS ADDRESS:
SUS~NESS ~EnS~ONE:
RESUME OF EDUCATION AND
!0.
ii. Are .you a resident of the C!~!? Yes ,~ No
13. Do you hcid a public
14. Do you se~--ve on a Ci~ Boar~ a~ present? No
(use additional shee~s if necessa~ or submi~ resume if available)
- - ~N~_R_ST_D SERVING ON:
(Please number in order of preference wLth first choice
being
*BOARD OF ADJUSTMENT
C~ETER¥ COMMITTEE
~CODE ENFORCEMENT BOARD
~CONSTRUCTZON BOARD
~PLANNiNG A_ND ZONING
F~NDiCA.~PED COMMITTEE
!6. What qualifications do you have t: se~e cn this 'board7
i7.~Wha~ reasons do you have for wishing ~o se~;e on an adv±sc~£
board?
ou eve~ been onv.cted o~ any
:~,.~:-W~uld yOU consider serving on another Bo~= o%her than the
'~h~.~.)' you se!ec~d above7 Yes No
i hereby cer%ify tha~ ! am qualified to hold the Dosit!on for
which this appiica%ion is made. Fur%her, r hereby au%homize
City of Sebasthan to investigate the ~ruthfu!ness of all
informal!on which i have provided in this appllca%ion.
understand thai any misrepresentation or omission of
reques%ed in this apb!ice,ion is cause for dis~alifica~%on or
removal.
i understand thai the City Council of the Cindy_ of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neg!ec%ed duty., habitual drunkenness,
incompetence, or permanent inabi!i~y, to perform his official
duties. Fu~--ther, ! understand thai the City_ Council may suspend
any municiDa~ board member who is a~--s_ested for a felony or for a
misdemeanor related to ~he du%ies of his office.or who is
indicated or informed against for ~he commission of any felony or
misdemeanor. -
i hereby authorize The Sebastian Police Depar~m~ enT to .~un an
active warrant check on me.
S=bsoribed and swo to. be_ ore me day of
!9~, by ~i~P~ ~ ~PC'~~ who is persona~!y known
to me or has produced ~;o[,'~a ~.~ ~ as identification.
No=aT<TuDi!c, '$-~aze cf Florida
Name of No~a~ (Prin~ed or T!rped)
Commission NO.
-~orm\app!ication
ADDENDA
TO
APPLICATION TO SERVE ON CITY BOARD
Addendum I
(Ref. item #3)
Applicant retired from position of Chief Engineer for Miami-Dade
Community College Instructional Resources Division .
Responsibilities included the design and operation of TV studios,
TV distribution systems, media centers, large meeting facilities,
and communications systems.
Addendum II
(Ref. item %8)
Ineligible for drivers license due to vision deficiency.
Addendum III
(Ref. items #15, #16, #17)
I wish to serve the community in a fashion that will be to the
benefit of the citizens of Sebastian. Many decades of observing
first hand the effects of good planning, good zoning, good
enforcement, (with appropriate compassion) in contrast with lack
of all above is my strongest qualification. The comparison I
refer to is the orderly growth which made Coral Gables a dream
come true as co.mpared with the helter-skelter urban nightmare of
Kendall. My wife and I chose to build in Sebastian because we
felt it offered possibilities of resembling Coral Gables, where
we grew up beginning in the 40's.
My main interest is in serving as a member or alternate for the
re-formed Zoning. Appeals Board; however I would be delighted to
serve on the board of Planning & Zoning as a second choice.
Moreover, I will be happy to serve on any other board where there
might be a need for my experience.
Respectfully submitted,
465 Lighthouse Avenue
Sebastian, FL 32958
388-O414
.
3.
4..
5.
7.
8.
APPLICATION TO SERVE ON CITY
:SiNESS DRESS:
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
DRIVERS LICENSE Nt~ER:
RESUME OF EDUCATION AND EXPERIENCE:
i2.
23.
lzi.
(use additional shee~s if necessa---y or submi~ resume if available)
VoTer registration no. '~ ~ ~
Are you a residen% of %he C!%y? Yes
Length of Residenc~
Do you hol~ a public office? ~es~
Do you se-~ve on a Ci~y Bcar~ a% presenT? Yes. No
PLEASE CHECK THE BOARD(S) YOU ARE_,,~-,,-~--~r~=~mcm=n iN SERVING ON:
(Please n~ber in o%der of preference wi%h first choice
being "1")
~BO~ OF ~STMENT
C~METERY CO~ZTT%E
*CODE ENFORCEMENT BOARD
~CONSTRUCT%ON BOARD
*PLYING A~ ZONING
~ZCA_._D CO~_., -
l~. What qua!ifica~ions do you have to se:~e cn :his board2
1'7.
What reasons do you have for wishing to se:-ce on an advisor?
board?
!$. Have you ever been convicted of any felony cr any
mLsdemeanor involving moral tur~_i~ade in this or any s~ata?
~.' '~ '~ Yes No
!9. ~u!d you consider se_~ing on another Boar~ cther~han the
one(s) you se!ec~ed above? ~es Nc ~
i here0y certify that ! am _~ualified =o hold the posit£cn for
which this application is made. Further, i hereby authorize the
C±?Z of Sebastian to investigate the truthfulness of all
information which ~ have provided in this app!ica~ion.
understand that any misrepresentation or omission of info,--maticn
requested in ~his application is cause for dis.~ual!ficatlon or
removal.
i understand ~hat the Cit~_ Council of ~he Ci~f of SEBASTIAN may
suspend or remove from office any municipal board member for -
malfeasance, misfeasance, neglected dui?, habi~aa! dar~enness,
incompetence, or permanen~ inabi!it-f_ to perform his official
duties. Further, i understand that the Cit-f Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor re!a~ed to the duties of his office.or who is
indicated or informed against for ~he commission of any felony or
misdemeanor. -
hereby authorize the Sabastian Police Depa_--tm~ ent to .-un an
acc!ye warrant check on me.
Applicant S iqr~a~Sr e
o-~m\app!ication
use ad~c~a! siQee~s if ~ec~s~y or ~m~= r~s~e ~f av~Lani~)
....... - ~' Z~S ~I NC
__. ~ _ , .,~ 'X,,;~ % .
=CODE ~ORC~T BOARD "
i6. r~ha~ _¢ruaL'i--':ca-cdcns dc you have :o .... boa_rd?
!7. Wha~ r~=ascns do you L~ave f r
-.-~ c. Would
(SEAL)
Czmm,hssmcn ~c.
fo--m, 'k a_up!=ca~-lcn
.
3.
5.
NAME:
HOME ADDRESS:
APPLICATION TO SERVE ON CITY BOARD~. a,'~Y'~ ~
HOME TELEPHONE:
BUSINESS:
BUSINESS ADDRESS:
(use additional sheets if necessa-~z or submi~ resume if available)
10.
12.
i3.
14.
Are you a resident cf ~he CL~_~? Yes /No
Length of Residency / ,/~--
Dc you hold a public office? Yes No__/
Do you se-~ce on a Ci~ Board a~ present? Yes .... No /
PLEASE CHE~A THE BOARD(S) YOU ARE INTERESTED %N SERVING ON:
(Please number in order of preference with first choice
being "!")
*BOARD OF ADJUSTMENT /
C~METERY CO~q.%TTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLAI~NiNG AND ZONING
HANDICAPPED COMMITTEE
!6. Wha~ cua!ificat!ons do you have to se---ze cn this board?
.~ · ,,% ~ ~:
17. Wha~ reasons do you nave zor wish~n~ ~c se~¢e on an advisc~-
8. Have you ever been convicted of any felony or any
misdemeanor involving moral tu.--~itude in this or any state?
Yes No ~
19. Would you consider serving on another Board other than the
one<s) ~ou se!ec~ed above? Yes ........ No
r hereby certify that i am qualified to hold the position for
which this application is made. Further, i hereby authorize the
Ci~- of Sebastian ~o investigate the truthfulness of al!
information which I have provided in this application.
understand that any misrepresentation or omission of information
requested in This application is cause for disqualification or
removal.
i understand that the C£t-f_ Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inabi!it~_ to perform his official
duties. Further, ! understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office.or who is
indicated or informed against for the commission of any felony or
misdemeanor.
hereby authorize the Sebastian Police Departmen~ to _--un an
ac=ire warrant check on me.
App~ican~ Signa/ure
Subscribed,~d sworn ~ before me this //~ day of
t~---~or ha~ pro'dukedOm. ~ ~o-7~/~j~-~/~-~ as identification.
Name/of No~a~f (Printed or Typed)
Commission No.
\ws- form\ application
(._/~ o's"- /e' 7 e.
,9.
,' 4'7 q -
/
2
3
4
APPL£CATiON TO SERVE_ ON CiTY BOARD
HOME ADDRESS:
HOME TELEPHONE
BUSINESS:
5 BUSiN'ESS ADDRESS:
8 BUSiN'ESS TELEPMONE:
7
@
SOCIAL SE~JRiTY
DRIVERS LICENSE
9 RES'~ME OF EDUCATION AND EX_~ERZ~--NCE: ~, ~?~-~,,-~c~- ~,$' /9 Z"l~'~_g,_Y,? :...
(use add!lionel sheets if necessa~f or subm%% resume if available)
10. Vo~sr reg~s~_~hcn nc. ~J~7
i2.
Are
Len~h of Residenc~
Yes ~/~ Nc
13.
Dc ~ZOU hold a public cff£ce? Yes
Do you saz-ze on a C£~z Board a~ ~=sa~~ Yes
15.
.PLEASE CHE~K THE BOARD(S) YOU ARE Z.~Ff~EREST_=D ZN SERVING ON:
be~n9
~BOARD OF A~jUSTM~LNT
C~ETEEZ CD~ZTTEE
*CODE ~ORC~ BOARD
=CDNSTRUCTZON
~PL~XNG .~ ZONING
K~ZC~PED C$~iTTEE
16. Wha~ quaL£££ca~ions dc _you have ~c se_~ze on ~kis board?
C,-'/-/,' ~ G ',3'E'c7_,. ,,--'L: c ,-- ,.-'-",'~-~ C.._~., ~.,'c~ c..
..ay_ you ever been conv±c=ed of any feionv or a~.v
misdemeanor ~ ~ ~ ~ ~ _ _.
_nvo_z_.g moral ~J--~_z~ade ~_n ~2!Ls or ~ ~-~=~
!9. Would ~ou consider se_-v!nq on another Board other
one(s) ~Iou se!ec=ed above? Mes No
Z hereby cern!f7 Chat v am q~ual£fied ~c hold Cie pcsL~Lcn for
wn£cn ~n!s application Ls made. F~r-Cher,
requested in =nAs apD!hcaZlon is cause for dls~alhfica=ion cr
r~mova!.
i understand ~ha~ the CAT~_ Council of ~he C!%-v- of SE=-ASTi-~N may
susuend or remove from office any municipal board member for
malfeasance, mlsf=_asance, neglected
LncomDe%-=nce, or pe-~m~enT iz%a~i!i~'~ To Derfo~ ~s offhcla!
du~!es. F~her, ~ ~der~d ~na~ the Ci~- Co~cil may suspend
an~ munic~Da!, board memDer w~o is ar~s~d for a .__==~onv_ or fc~_ a
misdemeanor r~!a~d ~c ~ne duties of his OffiCE
misdeme~or.
hereby au=hot±se :he Sebastian _:ol£ce Oe.ua_-~m-en: :c _--~. an
ac:ive warr=_n: check on me.
Subscribed and ,s~.o~ To before me
Uo me Or has 'produced
,~.c i~ .uer~ona~-~--~~
S~An)
Commisslon Nc.
~<, ws - form\ auc !£ca%ion
I
I ' Robert J. Freeland
733 Wentworth Street
i Sebastian, FL 32958
I Friday May 17,1996
Mayor & Counc/1
I City of Sebastian
Dear Council Members:
I was informed by phone yesterday that the appointments to the Board of
Adjustment will be decided next Wednesday May 22nd, and that I should
attend the meeting for an interview.
I have previously committed to attend a meeting with Congressman Dave
Weldon on the 22nd and therefore will not be available for your meeting.
If any Council Member has questions ~br me I am available every day and
can be reached at 388 - 0928.
Thank you for your consideration.
Sincerely,
Bob Freeland
AME:
APPLICATION TO SERVE ON
Gregory J. Gore
331 Belfast Terrace, Sebastian, FL ~3~ ~'"
HOME ADDRESS:
HOME TELEPHONE:
4. BUSINESS:
(407) 589-4565 ~
(407) 589-0055 Law Office
32958
BUSINESS ADDRESS: 709 Washington Street, Sebastian, FL
BUSINESS TELEPHONE: (407) 589-0055
7. SOCIAL SE~JRIT¥ NI3/~BER:
8. DRIVERS LICENSE NUMBER:
9. RESUME OF EDUCATION AND EXPERIENCE: BA University of Florida, 1972
JD University of Notre Dame, 1977
(use additional sheets if necessar? or submit resume if available)
10. VoTer reqistra~!on nc.
Il. Are you a resident of the Cit-_~? Yes X No
12. LengT~ of Residency 10 yrs
13. Do you hold a public office?
Yes ,. No X,
!4. Do you se-~ve on a C!'~-Y Board a~ present? Yes Nox___
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED iN SERVING ON:
(Please numoer in order of preference with first choice
*BOARD OF ADJUSTMENT 1
C~METER¥ COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
H3uNDICAPPED COMMITTEE
16. What _~ua!ifica%ions do you have To serve on this board?
real estate is mar~ of applicant's law practice
!7. "..Wha~ reasons do you have fcr wishing to serve on an
~ ..,.,,..board?.,
' - 'I' 'i'{ke to remain involved with the community ......
18. Have you ever been convicted of any felony or any
misdemeanor involving moral tu,~i~de in this or any sta~e?
Yes No X
!9. Would you consider serving on another Board other than the
one(s) you selected above? Yes No ~
5 hereby certify that I am q//a!if!ed to hold the position for
which this apD!ication is made. Further, .i hereby authorize ~he
Cicy cf Sebastian to investigate the truthfulness of al!
information which i have provided in ~his aDp!±ca~ion, i
understand that any misrepresentation or omission of information
requested in this apDlicatlon is cause for disqualification or
removal.
i understand that the Cit-f. Council of the City_ of SEBASTIAN may
suspend or remove from office any municipal board member for -
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inabi!i~v to perform his official
duties. Further, ~ understand that-the Cit-f Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to =~e du~!es of his office.or who is
indicated or informed against for ~he commission of any fe!onv or
misdemeanor. -
i hereDy authorize ~he Sebastian Police Department to _~un an
active warrant check on me.
Subscribed~d sworn =o before me this
To me or has produced '
who is (Sersona~ '. v known~
as ~en~ifica~ion.
( s EAL )
\ ws - fo~--m \ application
No=a~--y Pubi'Lc, Stare of Florida
Name of NoTar~,z
Commission No.
0
12
14
1 ~-
vomar regism--=_rion no. //~-Oc~-2 .,.
Are Zou a r=_slden~ cf ~e Ci~'? Yes /No
Dc you hc!d a pub!£c office?
.PLEASE ~E.~K THE BOARD(S) YOU ARE iNTErESTED ZN SERV%NG ON:
(P!mase number ~n order of preference w!~ first c~o~ce
being "!")
~BOARD OF AD~--JS%AY~/CT_ /
C-~M. ETERY CO~TTEE
*CODE =~-iVFORC~--w.~NT BOARD
~CDNSTRUCTiON BOARD
*PLA~NNiNG .~XrD ZONING
E~N1DZC~PPED COM/~-.ZTTEi
i$. Have Fou over been convicted of an
Tee No ~
Wou!c you consider se~--~inq on another Board
wh£cn ~his application Ls made. Further, i hereby authorize The
informa~!cn wn£ch i have prov±ded in this ap~l£ca~ion, i
requested in this a~l£ca~ion is cause for d~s.qualif!cation or
removal.
i understand the= =he C!~ Council of ~ne C!~_~ of SEBASTZ~%N may
suspend or remove __om office any mu~%£ci~a! board member for
malfeasance, misfeasance, neglected dun-_~, ha~i~aa! ~a~enness,
incompetence, or permanent inab!li~ ~o perform ~s official
duties. F~ther, ! understand t~a~ the Ci~-~' Council may suspend
anv_ municipal board member who is arrested for a fs!onv_ or f~_ a
misdemes_nor related ~c ~he duties of h£so~ffice or w~o is
indicated or informed against for ~e c~mmission of any felony or
misdemeanor.
i hereby authorize the SebasTian .=o!£ce
active wa_--r=_nt c~ec.~ on me.
Suesc--!bed ~ sworn :o before me
Name ~f No~a_--_~ (Pr~-.~ued or T~-p_ed
~ommissi°n~ Nc.'
s
-form\application
DATE:
TO:
FROM:
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
May 17, 1996
MEMORANDUM
Mayor Cartwright, City Council Members, City Manager
Kathryn M. O'Halloran
City Clerk
Board of Adjustment Appointments - Frank Oberbeck
Frank Oberbeck contacted this office today to advise us that he has a prior appointment on
Wednesday evening and will be unable to attend the May 22, 1996 City Council meeting.
He said if any Council members have questions please contact him.
AME:
HOME ADDRESS:
AP.-~A_~ON ~ SERV=.
ON CiTY BOAR__~
~,, CIT{ CLERK'S
\~ OFFICE
HOME TELEPHONE:
BUSINESS:
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
?
8
(use additional s~eeZs if necessa_--i or subm£1 resume iff available)
Are you a res±den~ cf the
Length cf Residenc%-
Dc ycu hold a public office?
Dc you sez-~e on a C£%? Bcard az present?
Yes ~ No
.PLEASE Ci=.ECX THE BOARD(S) YOU ARE !NTE.~STED iN SERVING ON:
(Please n~Der L~ order of prmfer~nce w~h f~r--, o~ ci~oice
being "!" )
~CODE ~FORC~NT BOA~
wCDNSTRUCTiON BO~D
*PLYING .~ ZONING
16. Whac qualifications do you have tc se~e cn =his board?
_ w_sh_=.c Uc se_~-~e on an
17.
board?~/
Have you ever been convicted of any felony or any
.m~sdemeanor invo!v±ng moral Tar~.~i~ude~..~ t~is or ~nv. ~ ~=~= ~
No
!9. Would ,you consider sa~±ng on another Board other
one{s) you ~e!ec~d above? Yes / No
~ hereby ce-~cify ~ha~ Z am .=ua!if!ed ~c hold The pcslricn for
which this' apg!£caTion ts made. Fu-~-=~her, i hereby au=~or~ze The
'Ci~z of Sebastian to investigate ~%e t~/Thfu!ness of all
imformazion wnic~ i have ~rov~ded in ~is a~!£caZion.
r~ques~ad in ~nis a~!/ca~hon is cause for ~s~aiifica~lon
! understand tha~ the C!t-f Council cf the C!~ of SE~-ASTi.~N may
susDend or r~move f--om office any municipal board member for
malfeasance, misfeasance, neg!ec~md
incompetence, or pe~en~ ~na~i!!~ ~o perfo~ his official
du~les. F~her, ~ ~ders~d that ~e CL~z Co~c!! may suspend
any m~iciDa! board member w~o is ~s~d for a fe!onv or for a
mlsdemeanor r~!aZed
~sdeme~or.
i hereby au~horlze ~he Sebastian .~ol£ce Deus_--Jm~, enT ~c _-un
.%u~!~ c~ Signa~ur~
Sub~c_--ibed and sworn ~o befcr~ me ~%£s /~ day of ~~
19 /~., b_v .~/ ~,~ ~ , who Ls persona_!y~~own
form\.apD!ica~!on
City of Sebast/an
1225 MAIN STREET E';: SEBASTIAN. FLORIDA 32958
rE~.E~ON~ (407) 3884:OO .'-: ,~^X (,'-'071 58~-S870
S ubj eot:
BellSouth Mobility, Temporary
Cell Site Temporary Communications
Facility, Agreement
Approved for Submittal by: City Manager
City Manager .~O:g,w. '~ Cc). ~
Agenda No. _~P~- Q ¢o<''-
Dept. Or/gin: Police Dept.
Date Submitted: 5/14/96
_For Agenda off 5/22/96
Exhibits: a) Proposed A~eement
b) Specifications Sheet
c) Photograph
Expenditure Amount
Reqmred: N/A Budgeted:
Additional Appropriation
Required: N/A
SUMMARY STATEME'NT
Attached is proposal forwarded to me from Interim Chief, David J. 'Pusher regarding a request
received from BellSouth Mobility. in essence BellSouth wants to temporarily a radio tower
behind the Police Department tbr a cellular communications ticility. ~n addition to the tower,
other temporary appurtenances would also be placed adjacent to and in conjunction with the
tower.
BellSouth will indemnifiy and hold harmless the City from and against all claims, suits, actions,
damages, causes of achons, costs and expenses as a result of the use of the property.
The location of the temporary, facility will require a minor site plan modification which may be
approved by City st~. Additionally, the Police Department has advised me that there will no
interference with police communications.
BellSouth proposes to utilize the site and ficilities fbr 6 to 8 months and will pay $400.00 per
month plus applicable sales tax to the City of Sebastian.
REC ONLMEN~ED ACTION
Authorize the City Manager to execute the '°Temporary Communications Facility Agreement
with BellSouth subject to review by the City Attorney.
BellSouth Mobility
5201 Congress Avenue
Boca Raton, FL 33487
May 7. [996
Chief David Pusher
SebasUan Police Department
1225 Main Street
Sebastian, FL 32958
Re:
BellSouth Mobility Temporary Ceil Site
Temporary Communications Facility Agreement
Dear Mr. Pusher:
Please accept this letter as BellSouth Mobility's written Agreement to place a temporary cellular
commmcation thC~lity at the Police Department. Tlas site will require a piece of property that is
approximately 20 feet by 16 feet for placement of the temporary, facility.; however, we will provide a
temporary fence arotmd the exterior of this facility. This facility will reqmre 24 hour access seven days a
week including weekends a.nd holidays for our field persoimel and maintenance purposes. The facility
~Wll consist of an equipmem shelter that sits on a trailer which is equipped with a crank up tower and
generator. Tiffs shelter will be provide~ by BellSouth Mobility and will require electrical service; the
elecmc can be separately metered if the capacity is available or. we can install a check meter to monitor
our use. llr etecmc service is not available, we will ase the generator system that is part of the "cell on
wheels". With either scenario, BellSouth Mobility will be responsible for our power consumption and all
expenses in connection to our facility.
It is anticipated that this temporary, facility will be located on your property, for approximately 6 to 8
months. BellSouth Mobility, lac will ind~ and hold you harmless from and against any and all
claims, suits, actions, damages, muses of actions, costs and expenses which you may be subject to as a
result of the use of your property by BellSouth Mobility, lac for this temporary, facility.
BellSouth Mobility. is proposing to pay a rental mount of $400.00 per month plus applicable sales tax for
the duration of our occupancy for this temporary facility. You will be receiving these payments by the
fa-st of each month once a building permit is issued.
[ have enclosed a cut sheet t¥om the manttfacrttrer of this umt along with a set of plans and some
photographs. The "COW" that we would deploy at this site has a larger generator than what you see in
the photograph: and is a silem generator.
A 8ED. SOUTH Comoany
Page 2
5/7/96
If tile above meets w~th your approval, please indicate yotlr concurrence by signing below and returning
one original to me at the above address. If you should have any questions or comments, you may contact
me at (407)4774100. Once the agreement is execute& we will begin our process of having a survey and
site plan/construction plans prepared.
Sincerely,
Jo-Ellen Cox
BellSouth Mobility Inc.
Project Manager, Real Estate and Construction
:jc
.Acknowledgment of Approval
By:
Pvoperx2t Owner/Agent
Date
Trailer and Crank-Up Tower and Trolley Assembly
(Reconditioned ,ti-foot drop-deck trailer with
radial ~res, pamw. d with epoxy paint and
undercoated)
- 48'x102" s/ngle drop deck
- 37' lower deck
- 11' front deck
- 38 1/2" lower deck height
- 11:22.5 low lm'ofile spoke whc~Js
- Apitong flooring
- C~ss memb~'s on 12" centers
- 80,000-pound/tame
- Spring susa. nsion
- Stabfl/zers for rear of trailer
TOWER ASSEMBLy
The tower will be designed and manufactured by TH-Ex Corporation. The design will permit
the tower to telescope within it.~If from the extended height of 84-feet to the compressed
height of 20 feet. The nested sections w/Il be equipped with a mil-out feature that permits the
whole unit to be stored and transported on the rear of the trailer.
The tower will rest on a spec/ally-designed frame amched to the rear portion of the uailer
deck for transpor~ng.
The tower will roll to the end of the trailer deck and then will be tipped into an upright
position and su.t~ported by the rear of the trailer. The tower will be mechanically raised and
lowered by means of cable and an electric motor-driven winch.
FAA approve for application to the designed purpo~ shall be the respon~ffi~ of the client.
Title transfer and license for the Taft= ~ be the respons/bility of the client.
For more information, coma= Fibre~nd Corporation, 1~00 Davenport Drive, bfmden LA TlO~
Fhone 31~-377-1930 FAX 318-377-5756
City of Sebastian
1225 MAIN STREET s SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
SUBJECT: FIRST READING OF ORDINANCE
Agenda Number:
O-96-11 AMENDING THE COMPREHENSIVE
LAND USE PLAN PER THE STIPULATED
SETTLEMENT AGREEMENT OF 4/9/96
BETWEEN DCA AND THE CITY OF
SEBASTIAN
Approved For Submittal By:
Dept. Origin: Community Developm~9~ ~
Date Submitted: 5/15/96
For Agenda Of:
5/22/96
~/~C~ ~ Exhibits:
City Manager ~, ~,m~j2~ 1. Ordinance 0-96-11
~y ) 2. P & Z Memo dated 5/17/96
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On March 24, 1993, Ordinance 0-92-07 was approved by city Council amending
the Comprehensive Land Use Plan of the City of Sebastian. The ordinance
was in regards to property consisting of approximately 18.4 acres which
had been voluntarily annexed into the City, and established the land use
as low density.
The Department of Community Affairs (DCA) issued its Statement of Intent
to find the Comprehensive Plan Amendment Not in Compliance, based upon the
Objections, Recommendations and Comments Report (ORC) issued on November
12, 1992. A Stipulated Settlement Agreement has been approved both by the
City of sebastian and DCA (approved April 9, 1996) which outlines
required amendments to the Comprehensive Land Use Plan to achieve a
compliance status.
Ordinance O-96-11 has been prepared to amend the Comprehensive Land Use
Plan as outlined in the Stipulated Settlement Agreement. The Planning and
Zoning Commission held a public hearing regarding this amendment on May
16, 1996, and has recommended approvall
RECOMMENDED ACTION
Move to approve the first reading of Ordinance O-96-11 and set
reading and public hearing on June 5, 1996.
seco
ORDINANCE NO. 0-96-11
A ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO CtLANGES
IN THE COMPREHENSIVE LAND USE PLAN; AMENDING
THE COMPREHENSIVE LAND USE PLAN IN COMPLIANCE
WITH THE STIPULATED SETTLEMENT AGREEMENT
ENTERED INTO BETWEEN THE CITY OF SEBASTIAN
AND THE DEPARTMENT OF COMMUNITY AFFAIRS ON
APRIL 9, 1996; PROVIDING FOR COPIES OF THE
COMPREHENSIVE PLAN AMENDMENT TO BE
TRANSMITTED TO ALL PARTIES AS REQUIRED BY THE
STIPULATED SETTLEMENT AGREEMENT; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian has reviewed the Florida
Department of Community Affairs (DCA) Notice of Intent to
find the Comprehensive Plan Amendment of the City of
Sebastian, adopted by ordinance No. 0-92-07 on March 24,
1993, not in compliance based upon the Objections,
Recommendations and Comments (ORC) Report issued by the
Department on November 12, 1992; and
W~EREAS. the City of Sebastian has cooperated with the
DCA staff in preparing proposed amendments to the City's
Comprehensive Plan in order to achieve a compliance status;
and
WHEREAS, the City as entered into a Stipulated
Settlement Agreement with the DCA dated April 9, 1996, which
incorporates the City's proposed amendments to the
Comprehensive Plan; and
WHEREAS, on May 16, 1996, the Planning and Zoning
Commission held a public hearing regarding the proposed
dments to
the Comprehensive Plan as set forth in the
Stipulated Agreement and has submitted a recommendation to
City Council in favor of the proposed changes; and
WHEREAS, the City Council has provided notice of the
proposed changes to the existing Comprehensive Land Use Plan
and conducted one public hearing to receive citizen input;
and
WHEREAS, the City Council has considered the provisions
of the existing Comprehensive Land Use Plan together with the
recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the
proposed changes in the City's Comprehensive Land Use Plan,
as set forth in the Stipulated Settlement Agreement, are
consistent with the future development of the City of
Sebastian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as
follows:
Section 1. AFFECTED PROPERTY. The amendments to the
Comprehensive Plan adopted by this Ordinance shall affect the
undeveloped 18.4 acres of land located south of Block 339,
Sebastian Highlands Unit 13, and west of Laconia Street, and
more specifically defined in Ordinance 0-92-07.
Section 2. AMENDMENTS TO COMPREHENSIVE LAND USE PLAN.
The specific changes to the Comprehensive Land Use Plan are
set forth in their entirety and are attached as Exhibit
to this Ordinance and incorporated herein by this reference.
A summary of these amendments to the Comprehensive Plan
follows:
Policy 4-1.3.1 shall include an additional subsection to
read "The undeveloped 18.4 acres of land located south
of Block 339, Sebastian Highlands Unit 13, and west of
Laconia Street shall have a density not to exceed 1 unit
per acre if the development utilizes septic tank and
well systems. If the public water and sewer is
constructed for this development, the density shall not
exceed 5 units per acre."
Existing Land Use Map 1-1 is revised to indicate subject
property as vacant and undeveloped.
Existing Land Use Map 1-2.1 Vegetative Communities is
revised to indicate subject property as South Florida
Flatwoods and Wetland Hardwood Hammock.
Existing Land Use Map 1-2.2 Estuarine Shoreline and
Wetland Areas is revised to include subject property.
Existing Land Use Map 1-2.3 Surficial Aquifer Recharge
Areas and Waterwells is revised to indicate subject
property as Poor to Moderate Recharge Potential.
Existing Land Use Map 1-2.4 Historic Resources is
revised to include subject property.
Existing Land Use Map 1-3 Adjacent Land Uses is revised
to include subject property.
Existing Land Use Map 1-4 Major Undeveloped Lands is
revised to include subject property.
Existing Land Use Map 1-5 Soils and Topography is
revised to indicate subject property as EauGallie-
Oldsmar-Wabasso.
10.
Existing Land Use Map 1-6 Generalized Floodplain Areas
is revised to indicate subject property as Areas of
Minimal Flooding and 100 Year Floodplain.
11.
Existing Land Use Map 1-7 City Recreation Resources is
revised to include subject property.
Section 3.
NOTIFICATION.
Within 10 working days
after adoption of the comprehensive plan amendment, the
City shall transmit 5 copies of the amendment to the
Department of Community Affairs as provided in Rule 9J-
11.01!, Florida Administrative code. The City shall also
submit one copy to the regional planning agency and to any
other unit of local or state government that has filed a
written request with the governing body for a copy of the
plan amendment and a copy to any party granted intervenor
status in this proceeding. The amendment shall be
transmitted to the Department along with a letter which
describes the remedial action adopted for each part of the
plan amended, including references to specific portions and
pages.
Section 4. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it
shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that
the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall
take effect immediately upon its adoption.
The foregoing Ordinance was moved for adoption by
Councilmember The motion was seconded
by Councilmember
and, upon being put to
a vote, the vote was as follows:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Richard Taracka
Councilmember Raymond Halloran
The Mayor thereupon declared this Ordinance duly passed
and adopted this
day of , 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
Kathryn M, O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
Ci 'y o/,_,qebas: ian i
1225 MAIN STRI:=-_---T c SEBASTIAN, FLQRIOA 32958
iF-:.'='-PHONE (40~ 589-`5330 c~ FAX (4l]~ ,589-5570
SUK=_AU OF STA'T'~
PLANI",IING
CBJECTZ~ 4-1.3: PROCEDURES .~N-D ST:i~D~DS FOR ON-S3TE WASTEWATER
TREATME~fT SYSTEMS. The City shall assis~ in assuring
LmD!emenua~mcn of State requ!anicns imposing mandated s~andards for
inspections, ooersnicn and maintenance of on-site was~ewa~er
m~_~_cv &-~.~. . .... ~' Use o~ On-Site Wastawa%er Trea%menn Systems. Usa
following conditions:
E%Ls%±ng seo%ic tank and package trea%men= p!anns may remain
in se~z!ce u~il suc~ t~e as centralized se~zice is made
available.
Use of saQ%ic tarik systems for new deve!oumen% shall be
desi%ra i.s in compliance with Stats a~d ~cca! re,clarions
'~he undevel.o~ed !8.4 ,acres of !and ZocaCed south of 3!cch 339..
have .a de.~si~; .~ac ~J e.~ceed I uni: ~er acre ~ ~ ~he
de~elc~men~ u~ili~es seg~.~,,q., rank and we!! svsc,ems, if public
wa~er and sewer
densir.z shall nor exceed 5 units Der_acre,...
Use of package nreanmen% o!anns shall ccmpiy with auu!icabie_ _
laws governing the !ocani~n, use, and design o~ the facility.
Package tr~a%men% olanns shall be designed La a manner which
faci!lzies integral/on inno an areawide or reghonal sys%em in
th9 future.
MAP ~ - ~
~(ISTING LANO US~ ,"dAP
,\
LEGEND
~esi~en¢~at
~ ~lflqle ~,~mily Lrt~
~ ~nSCf~Uc~an~t - UO ~o ;O :r~os/tO00
I
' i
I
I
Vegal~ltivQ r3omrnunilies
~41L~
LEGEND
0~(8' M.~¥ l.agt
%
LEGEND
COUrSe.-':
OAT~:
,~41
%
~efler al
Utilities 'Nat er
LEGEND
'SOURC?_:
~ ~oaer~ce co ~oo~ .~ecnar~e ~ocent~at
~ ~oor :o ~oderace 2eCnarqe
<naian ~fve~ Count7 ~oi[ ~u.rvey OA~[: ~IovemOe~ Z4, [387
MAP I - 2.4
EXISTING LAND USE
0
IiIIIIfl~llllllllll
~,,~e b a s [ lan. Airport
: \
( -:
'x ..
: \
SERIES
SCALE
L=GEND
)
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
LEGENO
Adiace~t L:q~d U-~es
t //'
3C..tLE
~ILE
[~86 Ex~:inq L:~nd ~Js~
~ lJn~evelooed
SC~L~
~OURC ~.;
LEGEND
~OURC~:
gale: May 1991
~(IST'iNG L/tNO US~ MAR SERIE~
Sods ~d To~o~Crnohy
%
20.4
LEGENO
LAND USE MAP $~.r~lE~
LEGEND
l.ill
E. Xt$'FiI-IG [.ANI} LJ.~ M^i" SE[lIES
LEGEND
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
May 17, 1996
Mayor, City Council
Dorri BoSworth, Secreta .i.~.
Planning and Zoning Comm~rs~ion
DCA Stipulated Settlement Agreement
At its regular meeting of May 16, 1996, the Planning and Zoning
Commission held a public hearing regarding the above reference
settlement agreement. The Commissioner's were given a copy of the
proposed ordinance O-96-11.
After a discussion, voicing concerns over the owner's property
development rights, the following motion was made:
Ms. Brantmeyer made a motion to recommend to City Council to
approve Ordinance O-96-11 with favorable results, agreements,
whatever. Mr. Mather seconded the motion.
Roll call was taken.
Mr. Driver YES
Chmn. Fischer YES
Mr. Schulke YES
Mr. Munsart ~ES
Mr. Mather YES
Mr. Pl±ska YES
Ms. Brantmeyer YES
Motion carried 7-0.
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
Resolution No. R-96-40
Repeal Resolution No. R-94-33
City Council Acting as
Board of Adjustment
AGENDA NO:
DEPT. ORIGiN:
DATE SUBMITTED:
City CleriC. O'
5/16/96
MEETING DATE:
APPROVED FOR SUBMITTAL:
EXI:IIBITS:
* R-96-40
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
If Council has appointed members and reactivated the Board of Adjustment, Resolution
No. R-94-33, which granted authority for the City Council to act as the Board of
Adjustment, will need to be repealed.
RECOMMENDATION
If members have been appointed to the Board of Adjustment sufficient to constitute a
quorum, move to adopt Resolution No. R-96-40.
RESOLUTION NO. R-96-40
A RESOLUTION OF TItE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-94-33
WHI~ TEMPORARILY AUTltORIZED ~ CITY COUNCIL TO
FULFILL THE RESPONSIBILITIES OF THE BOARD OF
ADJUSTMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HERE~WITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WltEREAS, Chapter 20A, Section 20A- 11.2 of the Land Development Code of the
City of Sebastian creates a Board of Adjustment, consisting of five regular members and two
alternates, for the purpose of hearing and deciding administrative appeals and to hear and
decide requests for special exceptions; and
Wl][EREAS,City Council, despite diligent efforts, was unable to obtain a sufficient
number of members to constitute a quorum on the Board of Adjustment in 1994; and
WHEREAS, on June 8, 1994, Resolution No. R-94-33 was adopted to authorize the
City Council to temporarily fulfill the responsibilities of the Board of Adjustment until such
time as an ordinance was adopted which amends or repeals Section 20A-11.2 of the
Sebastian Land Development Code; and
WltEREAS, due to renewed efforts to obtain a sufficient number of members to
reactivate the board, City Council has appointed five regxtlar members and two alternates
to the Board of Adjustment in accordance with Section 20A-11.2 of the Sebastian Land
Development Code.
NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COIYNCTL OF TIlE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~ AUTI-IORITY. All authority, as set forth in Section 20A-
l 1.2 of the Sebastian Land Development Code, is restored to the newly appointed Board
of AdjusUnent.
5F.,_C._TID~X~ CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed, including Resolution No. K-94-33.
~ SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
5 _Fd2_T [Q..~_ ~ EFFECTIVE DATE. This
immediately upon its adoption.
The foregoing Resolution was moved for
Resolution shall take effect
adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
2
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Resolution duly passed and adopted this
of ,, 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwfight, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
City Attorney