HomeMy WebLinkAbout06051996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 5, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y 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. CALL TO ORDER
PLEDGE OF ALLEGIANCE
iNVOCATION - Reverend Harold Lee, First Baptist Church
4. ROLL CALL
AGENDA MODiFiCATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
96.108
PROCLAMATION_$ AND/OR ANNOUNCEMENTS
A. Presentation of Plaque - Nicolas Messina - Construction Board -
10/94 Through 4/96
96.019
1-8
OUASi-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation. 15 Minutes
inquiry of Applicant
Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or
10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony- 3 Minutes or 10 Minutes if Representing 5 or More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff Inquiry
ORDINANCE NO. O-96~.1.1 - Comprehensive Land Use Plan
Amendment in Accordance with Stipulated Settlement Agreement
(Community Development Transmittal 5/23/96, 0-96-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO CHANGES IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER
COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; AMENDING
OBJECTIVE 4-1.3.1 OF THE SEBASTIAN COMPREHENSIVE PLAN
GOALS OBJECTIVES AND POLICIES TO PROVIDE THAT 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
96.O39
9-14
ONE UNiT PER ACRE IF THE DEVELOPMENT UTILIZES SEPTIC
TANK AND WELL SYSTEMS AND THAT IF PUBLIC WATER AND
SEWER IS CONSTRUCTED THE DENSITY SHALL NOT EXCEED
FIVE UNITS PER ACRE, IN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE CITY
OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS DATED APRIL 9, 1996; PROVIDING FOR COPIES OF THE
COMPREHENSIVE PLAN REMEDIAL AMENDMENT TO BE
TRANSMITTED TO ALL PARTIES AS REQUIRED BY THE
STIPULATED SETTLEMENT AGREEMENT AND RULE 9J-11.011,
FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (1 st Reading 5/22/96, Advertised 5/29/96,
PH and Adoption 6/5/96)
RESOLUTIONNO. R-96-45 - Harbor Point Subdivision Final Plat
(Community Development Transmittal 5/30/96, R-96-45,
Application, Rushnell Comments Forthcoming, Settles Comments
Forthcoming, Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
HARBOR POINT SUBDIVISION, A REPLAT OF ALL OF TRACT A,
LOTS 1 THOUGH 16 OF BLOCK 510, LOTS 1 THROUGH 26 OF
BLOCK 511 AND LOTS 1 THROUGH 21 OF BLOCK 512 AND ALL
RIGHTS-OF-WAY BETWEEN SAID LOTS AND BLOCKS AS SHOWN
ON PLAT OF SEBASTIAN HIGHLANDS UNIT 16, CONSISTING OF
18.72 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP
31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE
PLAT AND THE CITY CLERK TO ATTEST; DIRECTING THE CITY
CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT
COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR
RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
3
15-30
96.109
31-33
96.110/
95.014
35-40
CONSENT AGENDA
dH 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 - 5/22/96 Regular Meeting
RESOLUTION NO. R-.9.6r41 - Fee for Dishonored Check - Repeals
R-87-30 (Finance Director Transmittal 5/21/96, R-96-41)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
R-87-30 WHICH ESTABLISHED THE SERVICE FEE FOR A
DISHONORED CHECK, DRAFT, OR ORDER FOR THE
PAYMENT OF MONEY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS 1N CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. Ro96:.42 - Authorizing Mayor to Execute
- Amendment to Contract w/DCA Re: CDBG (City Manager
Transmittal 5/28/96, DCA Letter 5/20/96, R-96-42)
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 AMENDMENT TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE
"DCA") AND THE CiTY OF SEBASTIAN; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
96.111
41-48
96.112/
95.O98
49-78
RESOLUTION NO. R.-96-44 - Grant Easement to IRC - Authorize
Mayor to Execute - CR 512/Louisiana Intersection Drainage (City
Manager Transmittal 5/30/96, R-96-44, Grant of Easement
w/Attached Legal)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO UTILITY
EASEMENTS; GRANTING AN EASEMENT TO INDIAN RIVER
COUNTY TO FACILITATE DRAINAGE IMPROVEMENTS FOR
THE INTERSECTION OF CR 512 AND LOUISIANA AVENUE;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST, ON BEHALF OF THE CITY, THE GRANT
OF EASEMENT; PROVIDING THAT THE GRANTEE SHALL
RECORD THE EASEMENT AND FURNISH A COPY OF THE
RECORDED INSTRUMENT TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. R-96-46 - Authorizing Mayor to Execute Cost
Share Agreement with St. Johns River Water Management
Agreement - Drainage Management Plan (City Manager Transmittal
5/28/96, R-96-46, Cost Share Agreement, McClelland Letter
5/29/96)
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, A COST SHARE AGREEMENT BETWEEN ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE
CITY OF SEBASTIAN FOR DEVELOPMENT AND
IMPLEMENTATION OF A MUNICIPAL SURFACE WATER
DRAINAGE MANAGEMENT PLAN, SOUTH PRONG, ST.
SEBASTIAN RIVER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
96.013
79-87
96.113
89-91
96.114/
95.018
93-95
96.08O
97-98
96.115
99-103
RESOLUTION NO. R-96-47 - Authorizing Mayor to Execute
Amended Contract with City Attorney Valerie Settles (City Manager
Transmittal 5/28/96, IRS Guidelines, R-96-47, Revised Agreement
Forthcoming)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
R-96-32; AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE
AMENDED LETTER OF AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SEBASTIAN AND VALERIE F.
SETTLES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Appropriate Additional $2,939 in Capital Outlay Budget, Non-
Departmental for Purchase of Four Tracks for Public Works - Waive
Sealed Bidding Procedure for Purchase from - Piggyback Dade
County and State Contracts - $77,939.00 - Don Reid Ford and
Atlantic Track Sales (Public Works Transmittal 5/23/96, Summary
Shee0
Authorize City Manager to Make Appropriate Corrections to Three
Driveways on Easy Street - Replace Asphalt with Concrete (City
Manager Memo 5/30/96, Public Works Director Memo 5/27/96)
Authorize Closing of Indian River Drive from Riverview Park to
Davis Street at 6:30 a.m. for the 4th of July Chamber of Commerce
5-K Run/Walk (City Manager Transmittal 5/28/96, Chamber of
Commerce Letter 5/22/96)
Olympic Torch Committee - Request to Use Riverview Park - July 6,
1996 - 3 pm to 9 pm - Waiver of Electrical and Other Fees - Request
to Close Harrison Street and Fellsmere Road from U.S. 1 to Indian
River Drive from Midnight 6/5/96 to 9 pm 6/6/96 (City Manager
Transmittal 5/28/96, Herzog Letter 5/21/96, Swil~ Letter 5/28/96)
10.
96.116
105-112
96.009
113-118
11.
PRESENTATIONS - None
COMMI.TTEE REPORTS/RECOMMENDATIONS
A. Handicapped Self-Evaluation Committee
Interview if Deemed Necessary - Board Recommends
Reappointment of Edra Young, George Schum and John
Kanfoush to Three Year Terms to Expire June 1999 - No
Inteviews Required - No Other Applications Received
(Human Resources Transmittal 5/29/96, 3 Applications)
B. Kiverfront Committee
RESOLUTION NO. R-96-43 - Establish Theme for
Riverfront - "Old Florida Fishing Village"
(Commtmity Development Transmittal 5/30/96, R-96-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA TO ADOPT THE THEME OF AN
"OLD FLORIDA FISHING VILLAGE" FOR THE RIVERFRONT
AREA OF THE CITY, DIRECTING THE STAFF TO DEVELOP
ORDINANCES, POLICIES AND/OR PROCEDURES TO
iMPLEMENT SAID THEME, PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
OLD BUSINESS - None
12.
96.117
119-124
14.
NEW BUSINESS
ORDINANCE NO. 0-96-12 - Skillman Comprehensive Land Use
Amendment - CL (Commercial Limited) to MDR (Medium Density
Residential) - 5. Acres I00 Feet West of Post Office (Community
Development Transmittal 5/30/96, 0-96-12)
1st Reading, Set Quasi-Judicial Public Hearing 6/26/96
AN ORDINANCE OF THE CITY OF SEBASTIAN; INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT
TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE
LAND USE MAP FROM CL (COMMERCIAL LIMITED) TO MDR
0V[ED1UM DENSITY RESIDENTIAL) FOR LAND CONSISTING OF 5.6
ACRES, MORE OR LESS, LOCATED SOUTH OF MAiN STREET,
EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY; FINDING THAT THE COMPREHENSIVE
PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AMENDMENT UNDER FLORIDA STATUTES SECTION 163.3187 (1)
(C); PROVIDING FOR COPIES OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3184 (7);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTERS
B.
C.
D.
Mr. Richard Taracka
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
E. Mr. Raymond Halloran
15. CITY ATTORNEY MATERS
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. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOAdMODATION FOR THIS MEETING
SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
9
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT: SECOND READING AND PUBLIC )
HEARING ON ORDINANCE 0-96-11 )
AMENDING THE COMPREHENSIVE LAND USE)
PLAN PER THE STIPULATED SETTLEMENT )
AGREEMENT BETWEEN DCA AND THE CITY )
OF SEBASTIAN )
)
Approved For Submittal By: )
City Managar .~~ ~).~~)
Agenda Number:
Dept. Origin: Community Development
- (RM)
Date Submitted: 5/23/96
For Agenda Of: 6/05/96
Exhibits:
1. Ordinance 0-96-11
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 approval. At their regular meeting of May
22, 1996, City Council approved the first reading of ordinance O-96-11 and
set the second reading and public hearing for June 5, 1996.
RECOMMENDED ACTION
Hold public hearing on Ordinance O-96-11. Move to adopt Ordinance
O-96-11.
ORDINANCE NO. 0-96-11
A ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN COMPREHENSIVE LAND USE PLAN;
AMENDING THE COMPREHENSIVE LAND USE PLAN MAP
FROM INDIAN RIVER COUNTY RURAL DISTRICT TO
CITY LD (LOW DENSITY) DISTRICT FOR LAND
LOCATED IN THE SOUTHWEST SECTION OF THE CITY,
APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA
STREET AND NORTH OF THE SEBASTIAN RIVER
FLOODWAY; AMENDING OBJECTIVE 4-1.3.1 OF THE
SEBASTIAN COMPREHENSIVE PLAN GOALS OBJECTIVES
AND POLICIES TO PROVIDE THAT 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 ONE UNIT PER ACRE IF THE DEVELOPMENT
UTILIZES SEPTIC TANK AND WELL SYSTEMS AND
THAT IF PUBLIC WATER AND SEWER IS CONSTRUCTED
THE DENSITY SHALL NOT EXCEED FIVE UNITS PER
ACRE, IN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE
CITY OF SEBASTIAN AND THE DEPARTMENT OF
COMMUNITY AFFAIRS DATED APRIL 9, 1996;
PROVIDING FOR COPIES OF THE COMPREHENSIVE
PLAN REMEDIAL AMENDMENT TO BE TRANSMITTED TO
ALL PARTIES AS REQUIRED BY THE STIPULATED
SETTLEMENT AGREEMENT AND RULE 9J-11.011,
FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Department of Community Affairs
("DCA") issued a Notice of Intent to find the Comprehensive
Plan Amendment of the City of Sebastian ("City"), 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 DCA on November 12, 1992; and
WHEREAS, the City of Sebastian has cooperated with the
DCA staff in preparing proposed remedial plan amendments to
the City's Comprehensive Plan ("Plan Amendments"), in order
to achieve a compliance status; and
WHEREAS, the City entered into a Stipulated Settlement
Agreement with the DCA, dated April 9, 1996 ("Stipulated
Settlement Agreement"), which sets forth the terms of the
remedial comprehensive plan amendment; and
WHEREAS, the Stipulated Settlement Agreement was
approved by the City Council pursuant to Resolution No.
R-96-29 passed on March 13, 1996; and
WHEREAS, on May 16, 1996, the Planning and Zoning
Commission held a public hearing regarding the proposed
amendments and has submitted a recommendation to the
Sebastian City Council ("City Council") recommending adoption
of the proposed Plan Amendments; and
WHEREAS, the City Council has provided notice of the
proposed Plan Amendments and has 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 goals of the City of
Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as
follows:
Section 1. AFFECTED PROPERTY. The amendments to the
Comprehensive Plan adopted by this Ordinance shall affect the
following described real property, now lying and being
within the incorporated area of the City of Sebastian, Indian
River County, Florida:
BEING that part of the Southeast 1/4 of the Northeast 1/4 of
Section 26, Township 31 South, Range 38 East, Indian River
County, Florida, lying North and East of the following
described lands:
BEING an easement and right-of-way 200 feet in width across
the Southeast 1/4 of the Northeast 1/4 of Section 26,
Township 31 South, Range 38 East, being 100 feet on each side
of the following described baseline as recorded in Official
Record Book 194, page 415 of the Public Records of Indian
River County, Florida:
BEGINNING at the Southeast corner of the Northeast 1/4
of aforesaid Section 26, run N41°42'lS"W, a distance of
610 feet; thence run N53°52'05"W, a distance of 600
feet; thence run N73°42'05"W, a distance of 377.52 feet;
thence run N53°50'05"W, a distance of 92.13 feet, to a
point on the West boundary and 347 feet South of the
Northwest corner of the aforesaid Southeast 1/4 of the
North-east 1/4 of Section 26, Township 31 South, Range
38 East, Indian River County, Florida.
Section 2. DESIGNATION The Comprehensive Land
Use Plan Maps shall be amended to reflect a designation of LD
(Low Density) for the property which is the subject of this
Ordinance.
Section 3. AMENDMENTS TO COMPREHENSIVE LAND USE PLAN.
C~APTER 4: PUBLIC FACILITIES ELEMENT. Objective 4-1.3 of
the City of Sebastian Comprehensive Land Use Plan Goals,
Objectives and Policies is hereby amended as follows:*
OBJECTIVE 4-1.3: PROCEDURES AND STANDARDS FOR ON-SITE
WASTEWATER TREATMENT SYSTEMS. The City shall assist in
assuring implementation of State-regulations imposing
mandated standards for inspections, operation and maintenance
of on-site wastewater treatment systems.
Policy 4-1.3.1: Use of On-Site Wastewater Treatment Systems.
Use of on-site wastewater treatment systems shall be limited
to the following conditions:
Existing septic tank and package treatment plants may
remain in service until such time as centralized service
is made available.
Use of septic tank systems for new development shall be
restricted to sites on which the Indian River County
Public Health Unit renders a finding that the site and
facility design is in compliance with State and local
regulations governing the same.
The undevelop~d 1__8.4 acres of land located south of
Block 339, Sebastian Highl---an--~s Unit 13, and west of
Laconia Street shall hav____~e ~ densit~ not to exceed 1 unit
per acre if the development utilizes septic tank an__d well
systems. If public, water and sewer is constructed for
this development, the density shall not exceed 5 uni%s
per acre.
Use of package treatment plants shall comply with
applicable laws governing the location, use, and design
of the facility. Package treatment plants shall be
designed in a manner which facilities integration into
an areawide or regional system in the future.
CHAPTER 1: LAND USE ELEMENT. The Existing Land Use Map
Series in the City of Sebastian Comprehensive Plan Data
Inventory and Analysis is hereby amended, as illustrated in
Exhibit A which is attached hereto and incorporated herein by
this reference. A list of those amendments to the
Comprehensive Plan follows:
1. Existing Land Use Map 1-1 is amended to indicate subject
property as vacant and undeveloped.
* (Coding: Added language is underlined.
10.
Existing Land Use Map 1-2.1 Vegetative Communities is
amended 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 amended to include subject property.
Existing Land Use Map 1-2.3 Surficial Aquifer Recharge
Areas and Waterwells is amended to indicate subject
property as Poor to Moderate Recharge Potential.
Existing Land Use Map 1-2.4 Historic Resources is
amended to include subject property.
Existing Land Use Map 1-3 Adjacent Land Uses is amended
to include subject property.
Existing Land Use Map 1-4 Major Undeveloped Lands is
amended to include subject property.
Existing Land Use Map 1-5 Soils and Topography is
amended to indicate subject property as EauGallie-
Oldsmar-Wabasso.
Existing Land Use Map 1-6 Generalized Floodplain Areas
is amended to indicate subject property as Areas of
Minimal Flooding and 100 Year Floodplain.
Existing Land Use Map 1-7 City Recreation Resources is
amended to include subject property.
Section 4. NOTIFICATION. Within 10 working days
after adoption of the Plan Amendments, the City shall
transmit 5 copies of the Plan Amendments to the
Department of Community Affairs as provided in Rule 9J-
11.011, 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 amendments shall be
transmitted to DCA 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 5. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 6. 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 7. EFFECTIVE DATE. This Ordinance shall
take effect immediately upon its adoption and authentication
by the signatures of the presiding officer and the Clerk of
the city Council.
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:
Valerie Settles
City Attorney
SUBJECT: PUBLIC HEARING REGARDING
R-96-45 APPROVING THE FINAL PLAT
FOR HARBOR POINT SUBDIVISION
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
Agenda Number: .....
Approved For Submltta± By:
City Manager /~~f~f_~/~~
Dept. Origin: Community Development
Date Submitted: 5/30/96
For Agenda Of:
6/05/96
Exhibits:
1. R-96-45
2. Applic. for Major Subdivision
3. Final Plat of Harbor Point
Subdivision
4. Devon Rushnell (Engr.) comments
[to be provided]
5. Valarie Settles (Atty.) 'comments
[to be provided]
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received an application for a final plat for
Harbor Point Subdivision from H. D. Adams Enterprises, Inc. This is a
replat of a portion of Unit 16 in the Sebastian Highlands which includes
Blocks 510, 511 and 512, and is located east of the Chesser's Gap PUD.
On March 13, 1996, the City Council approved Resolution R-96-25 which
approved the preliminary plat for Harbor Point Subdivision, with
conditions. Mr. Adams intends to exercise his option to post a cash bond
for the remaining improvements required by the City. By doing so, the
requirements for the final plat have been met. Therefore, Resolution
R-96-45 has been prepared for City Council review and approval.
Mr. Adams will exercise his option to post a cash bond for the
construction of improvements in the subdivision. By doing so, the
requirements for final plat have been met. Therefore, Resolution R-96-21
has been prepared for City Council review and approval.
RECOMMENDED ACTION
Conduct public hearing regarding Resolution R-96-45.
Resolution No. R-96-45.
Move to adopt
RESOLUTION NO. R-96-45
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT
OF HARBOR POINT SUBDIVISION, A REPLAT OF ALL OF
TRACT A, LOTS 1 THROUGH 16 OF BLOCK 510, LOTS 1
THROUGH 26 OF BLOCK 511 AND LOTS 1 THROUGH 21 OF
BLOCK 512 AND ALL RIGHT-OF-WAYS BETWEEN SAID LOTS
AND BLOCKS AS SHOWN ON PLAT OF SEBASTIAN HIGHLANDS
UNIT 16, CONSISTING OF 18.72 ACRES, MORE OR LESS
LYING IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38
EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT AND
THE CITY CLERK TO ATTEST; DIRECTING THE CITY CLERK
TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT
COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR
RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, H. D. Adams Enterprises, Inc. owns certain real
property located within the corporate limits of the City of
Sebastian; and
WHEREAS, H. D. Adams Enterprises, Inc. desires to
develop a subdivision on its real property lying in
Sebastian, Indian River County, Florida; and
WHEREAS, H. D. Adams Enterprises, Inc. has submitted a
proposed final plat to the City for its approval; and
WHEREAS, the final plat submitted meets all requirements
as set forth in Section 20A-16.4C of the Land Development
Code of the City; and
WHEREAS, the final plat bears a Certificate of
Dedication, Certificate of Title, and Certificate of
Surveyor; and
WHEREAS, H. D. Adams Enterprises, Inc. has submitted a
statement to the City indicating that the required
improvements are to be completed after recording of the final
plat; and
WHEREAS, H. D. Adams Enterprises, Inc. has filed with
the City surety documents guaranteeing that such improvements
will be installed and has otherwise complied with all other
requirements of Section 20A-16.4C; and
WHEREAS, the final plat has been approved by the
Consulting City Engineers and the City Attorney; and
WHEREAS, all other conditions precedent to approval of
the final plat have been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. PLAT APPROVAL. The final plat of
Harbor Point Subdivision, as prepared by James A. Fowler, a
Florida registered surveyor, bearing Certificate of
Dedication dated May 17, 1996, is hereby approved due to its
compliance with Section 20A-16.4C of the Land Development
Code of the City of Sebastian. H. D. Adams Enterprises, Inc.
shall deposit in escrow with the City for the purpose of
constructing the required improvements an amount of cash or
security acceptable to the City equal to one hundred and ten
percent (110%) of the estimated construction cost as
certified by the project engineer.
Section 2. CONDITIONS. The developer will provide
the following: underground utilities, except along Fleming
Street; individual street lighting as proposed by the
developer's representatives, with the exception that a street
light specifically be placed at the end of Harbor Point
Drive, where it terminates with a cul-de-sac and that a
street light be placed at the intersection of Fleming Street
and Harbor Point Drive; sidewalks be constructed on the west
side of Fleming Street, as required in Section 20A-17.1(K);
and safety signs be installed at the end of the Fleming
Street cul-de-sac.
Section 3. SIGNING OF THE PLAT. The Mayor is
authorized to sign the final plat and the City Clerk to
attest.
Section 4. RECORDING OF THE PLAT. The City Clerk
is directed to present the final plat to the Clerk of the
Circuit Court for Indian River County, Florida, for recording
in the Public Records of Indian River County, Florida.
Section 5. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 6. 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 said invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
Section 7. EFFECTIVE DATE. This Resolution shall
take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember
by Councilmember
a vote, the vote was as follows:
The motion was seconded
and, upon being put to
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Richard Taracka
Councilmember Raymond Halloran
The Mayor thereupon declared this Resolution duly passed
and adopted this day of , 1996.
CITY OF SEBASTIAN, FLORIDA
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Valerie Settles
City Attorney
Owner ll.D. Adams ~ncnrpriaee, Inc.
7
Zoning ClaaaiZ£cacion .,,~S-lO
Oaca o~ Approvn~
Phone I
.......... ~an~e
Florida $cace I 3~35
Florida $~ac~ I 22326
hand Uae ~laaai~lcaCio~ LD-i
Ac the time o£ aubmiCCln~ Final ~lac, plac auaC conca~n all in~or~c~on r~quired by
Section 20A-/6.~ (~) ~nd ~evelop~nc ~de and oho ~llawin%:
Fee of $2~.~ ~de,payab~a CO the Cloy o~ Sebastian.
for fecardin% the ?~ac in the alounc esCabl~ahed by chat. o~ic~.
~py o~ ~wowner's Allociac~n or Cand~n~m ~cumenc, l~ ~pp~lcable.
5. ~ d~velaper elects Co construct improve~nc~ ~car racord~n~ ~inal
plat, develag~r a~C ~ubni~ concrete (criplicace) and ~uaranCsea a~
ilo patten= of c~e e~unc. Section 20A-~6.3 (A) (2) (L.D.C.).
6. RasCr~cCAve covenants, AZ applAcabAa.
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 22, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORiDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, $EBASTLdN, 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. Mayor Cartwfight called the Regxflar Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
No one was available for invocation.
City_ Council Present:
Mayor Louise Cartwfight
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
S taft Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
Deputy City Clerk, Sally Maio
information Specialist, Ann Rousseau
Public Works Director, R/chard Votapka
Regular City Council Meeting
May 22, 1996
page Two
AGENDA MODIFICATIONS (ADDITiONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager requested that the June 11 workshop be moved to June
10 to accommodate a trip to St. John's River Water Management District
offices in Palatka on June 11.
MOTION by Barnes/Halloran
I'I1 make a motion to place on New Business the proposed workshop
originally set for June 11, 1996, 12C.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwdght - aye
MOTION CARSU]ED 5-0
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
96.100
Proclamation - National Public Works Week - Public Works
Director Richard Votapka Accepting
Mayor Cartwright presented the proclamation to Richard Votapka, who
cited this, the 102nd anniversary of Public Works.
7. PUBLIC HEARING. FINAL ACTION
None.
Regular City Council Meeting
May 22, 1996
Page Three
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
96.101/
95.106
Approve Use Agreement Between City of SebastiaWHumane Society
of Vero Beach and Indian River County, Inc. for Use of Barber
Street Sports Complex to House Stray Animals 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)
96.102/
94.237
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, INDIAN
RIVER COUNTY, FLORID& 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
CARRIAGES, INC., PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
96.103
Prior Approval for Reimbursement of Expenses - Mayor Camardght
and Vice Mayor Barnes Attendance at Institute for Elected Officials
- June 13 -15, 1996 - Sarasota (City Clerk Transmittal 5/16/96,
Institute Agenda)
Regular City Council Meeting
May 22, 1996
Page Four
96.104 E.
96.105 F.
IBM 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)
The City Manager read the consent agenda and the City Attorney read
Resolution No. R-96-39 by tide only.
Mayor Cartwfight removed items B, C, and E; and Vice Mayor Barnes
removed item B.
MOTION by Halloran/Taracka
I move to approve items A, D, and F of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Item B - Humane Socie _ty A~eement
Mayor Canwfight suggested that the term be amended so the use is
automatic each year with a 60 day termination notice and that the certificate
of insurance be issued prior to June 1 of each year as a part of the
agreement. Vice Mayor Barnes said his concern was also the insurance.
Regular City Council Meeting
May 22, 1996
Page Five
MOTION by Cartwfi~t~alloran
I move to authorize the City Manager to sign the use agreement with
the Humane Society of Vero Beach with the recommended changes.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Camvfight - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Item C - Resolution No. R-96-39
Mayor Cartwright noted that Resolution No. R-96-39 had been revised and
redistributed prior to the meeting by recommendation of the City Attorney
to add a new Section 1.
MOTION by Cartwright/Taracka
I move to approve Resolution 96-39 as amended.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRmD 5-0
Item E - Laptop Computer
Mayor Cartwright expressed concern for lack of specifications on the
computer such as warranty, modem and compatibility with other systems in
City Hall.
Regular City Council Meeting
May 22, 1996
Page Six
MOTION by Cartwfight/I-Ialloran
I move to approve the purchase of IBM TP365XP laptop computer
in the amount of $2,798.10 from Vanstar and waiver of the sealed bid
procedure.
ROLL CALL;
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
9. PRESENTATIONS - None
10.
96.106
COMMITTEE REPORTS/RECOMMENDATIONS
The City Manager gave a brief report on the Riverfront Committee, stating
the issue of foremost importance at this time is its concern for the location
of the proposed bikepath funded by MPO/ISTEA. He said staff has been
asked to contact FDOT to see what options are available. He assured
Council they will be provided with Riverfront minutes.
BOARD OF ADJUSTMENT (City Clerk Transmittal 5/16/96, Eight
Applications, Board Handbook Excerpts)
1. 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
City Council interviewed Clyde Beckwith, Michael Capp, Robert Crockett,
Greg Gore and Harry Thomas. Frank Oberbeck and Robert Freeland had
advised Council they would be unable to attend due to a prior commitment
and Ronald DeVito was absent.
Regular City Council Meeting
May 22, 1996
Page Seven
Mayor Cartwfi~t called for each Council member to select the names of
the five regular and two alternate members.
Mrs. Damp listed her choices as follows: 1 year: Thomas; 2 year: Gore and
DeVito; 3 year: Capp and Crockett and alternate: Beckwith and Oberbeck.
MOTION by Damp/Cartwright
I make a motion of the ones that I have just read for those
recommended action positions.
Mayor Cartwright clarified she simply wanted the names of the five and
two and then decide on terms afterward.
Mrs. Damp concurred and said now her choices for the five regular were
not in any specific order.
ROLL CALL:
Mr. Barnes - nay
Mrs. Damp - aye
Mr. Halloran - nay
Mr. Taracka - nay
Mrs. Cartwdght - aye
MOTION FAILED 2-3 (Barnes, Halloran, Taracka - nay)
MOTION by Bames/Taracka
I'll make a motion to place the five names, Gore, Capp, Thomas,
Freeland, and Oberbeck for regular members and and Beckwith and
Crockett for alternate members.
ROLL CALL:
Mrs. Damp ~ nay
Mr. Halloran - nay
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Barnes - aye
MOTION FAILED 2-3 (Halloran, Damp, Cartwright - nay)
Regular City Council Meeting
May 22, 1996
Page Eight
11.
96.095
MOTION by Halloran/Taracka
I would like as primary members Mr. Gore, Mr. DeVito, Mr. Capp,
Mr. Crockett and Mr. Oberbeck, Mr. Beck-with and Mr. Freeland as
alternates.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Barnes - nay
Mrs. DamP - aye
MOTION CARRIED 3-2 (Cart-wright, Barnes - nay)
MOTION by CartwrightA-Ialloran
I move that the Board existing of Mr. Gore, Mr. DeVito, Mr. Capp,
Mr. Crockett, Mr. Oberbeck be put in the regular member positions as
appear in items 1, 2, and 3. of our agenda and Mr. Beckwith and Mr.
Freeland serve in the alternate positions.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
OLD BUSINESS
Bellsouth Mobility_ Tempor~ Cell Site Temporary_ Communications
Facility_ A_m'eement (Police Der~artment Transmittal 5/14/96L
Proposed A_m'eement. Specifications Sheet. Photos]
The City Manager gave a brief explanation of the proposed facility
agreement.
Regular City Council Meeting
May 22, 1996
Page Nine
Mayor Cartwright suggested that FAA approval be a condition of the
agreement.
MOTION by Halloran/Taracka
I move to authorize the City Manager to execute the temporary
communications facility agreement with Bellsouth subject to review by the
City Attorney with the prescribed FAA approval.
ROLL CALL:
Mrs.' Cartwright - aye
Mr. Barnes - aye
Mrs. Damp' - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
12. NEW BUSINESS
96.019
ORDINANCE NO. O-96-l 1 - Comprehensive Land Use Plan
Amendment in Accordance with Stipulated Settlement Agreement
(Commumty Development Transmittal 5/15/96, 0-96-11 w/Exhibit,
P & Z Memo )
1st Reading, Set Public Hearing 6/5/96
The City Attorney distributed a revised ordinance, the City Manager gave a
brief presentation and the City Attorney read the revised rifle as follows.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO CHANGES IN THE
COMPREHENSIVE LAND USE PLAN; AaMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER
COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROY~IMATELY 18.4 ACRES, MORE OR LESS,
Regular City Council Meeting
May 22, 1996
Page Ten
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; AMENDING
OBJECTIVE 4-1.3.1 OF THE SEBASTIAN COMPREHENSIVE PLAN
GOALS OBJECTIVES AND POLICIES TO PROVIDE THAT 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
ONE UNIT PER ACRE IF THE DEVELOPMENT UTILIZES SEPTIC
TANK AND WELL SYSTEMS AND THAT IF PUBLIC WATER AND
SEWER IS CONSTRUCTED THE DENSITY SHALL NOT EXCEED
FIVE UNITS PER ACRE, 1N COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE CITY
OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS DATED APRIL 9, 1996; PROVIDING FOR COPIES OF THE
COlV[PKEHENSIVE PLAN REMEDIAL AMENDMENT TO BE
TRANSMiTTED TO ALL PARTIES AS REQUIRED BY THE
STIPULATED SETTLEMENT AGREEMENT AND RULE 9I-11.011,
FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVEKABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
MOTION by Bames/Taracka
I'll make a motion to approve Ordinance No. 0~96-11 as amended
and set a public hearing for June 5, 1996.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Canwhght - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
May 22, 1996
Page Eleven
96.107/ B.
94.172
RESOLUTION NO. R-96~.0 - 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, INDIAN RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-94-33
WHICH TEMPORARILY 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.
The City Attorney read Resoltltion No. R-96-40 by tide.
MOTION by Cartwright/Bames
I move to approve Resolution 96-40.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
TAPE I - SIDE II (7:47 p.m.)
C. Reschedule June 11 Workshor~
The City Manager recommended, in light of an oppommity .for the City
Council to visit the St. John's River Water Management District office in
Palatka on June 11, City Council change its workshop to June 10. He said
the trip would be attended by Council, the press, some City staff and there
may be space available for the public to avoid any sunshine issues.
Mayor Cartwright suggested that a list be kept in the City Clerk's office of
public who want to attend and that it be on a fa'st come fn'st served basis.
11
Regular City Council Meeting
May 22, 1996
Page Twelve
It was the consensus of City Council to reschedule its workshop to June 10
at 1 p.m.
John Hill, Craven, Thompson, briefly addressed City Council on the
purpose of the thp and updated them on the Stormwater Master Plan
funding process. He said Craven Thompson will provide transportation.
13.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
tfft'hich is not otherwise on the agenda - limit often minutes for each speaker
Harry Thomas, 654 Balboa Street, Sebastian, objected to rezoning
commercial property to residential at this time and expressed concern for
the large number of vehicles parked at 342 South Wimbrow.
Kelly Mather, 733 N. Fischer Circle, Sebastian, inquired about the Harbor
Point burn variance and City Council members responded to some of his
concerns. Vice Mayor Barnes said he would like to see burning banned in
the City.
John Kanfoush, 1437 Seahouse Street, Sebastian, reported on potholes on
Seahouse.
Herbert Smnn, 549 Saunders Street, Sebastian, distributed photographs
illustrating drainage problems, deteriorating conditions in City parks and
other areas of the City. Vice Mayor Barnes noted that a discussion of
inspection of City properties could be a workshop agenda item.
Sal Neglia, 461 Georgia Boulevard, Sebastian, inquired about the Bailey
boat ramp sign and "no thru track signs" on Wave Street.
James Hadaway, distributed his "application" as Chief of Police and the
policies and procedures he would implement.
12
Regular City Council Meeting
May 22, 1996
Page Thirteen
14. CITY COUNCIL MATTERS
A. Vice MayorWalter Barnes
Vice Mayor Barnes inquired about the pending parking ordinance and the
matter relative to blowing sand fi.om the Vickers Sandmme.
The City Manager responded that he will bring back the parking ordinance
and that Hank Fischer will give the City a written response about the sand.
TAPE II - SDE I (8:34 p.m.)
Vice Mayor Barnes inquired about damage by renters to Community
Center; asked.the amount of the public service tax; supported the idea of a
CR 512 Task Force and said he had suggested they get in contact with the
City Manager; inquired about the legality of use Of adjacent vacant lots by
building contractors for access and suggested this may need to be
workshopped or researched; and reported on the special events planned for
July 6 when the Olympic Torch comes throug, h Sebastian, urging public
support.
The City Manager responded that he would need to ascertain how often
damage occurs at the Community Center and that he will review the public
service tax.
B. Mrs. Norma Damp
Mrs. Damp said the sand blowing issue will be resolved; requested a report
on handicapped access to Yacht Club and Commumty Center restrooms;
requested a status report on the Schumann tennis courts and Easy Street
driveways affected by the installation of the bikepath; and congratulated the
City Manager and Purchasing Agent for their work on the centralized
procurement system.
13
Regular City Council Meeting
May 22, 1996
Page Fourteen
The City Manager said he will bring a formal request to Council for
authorization to have corrections made to the Easy Street driveways.
C. Mr. Richard Taracka
Mr. Taracka asked the City Manager to review the Code with the City
Attorney regarding burning and bhng back a proposal. It was the consensus
of Council to authorize him to do so.
D. Mayor Louise Cam~ght
Mayor Cartwright noted the June 12 regular meeting has been changed to
June 5; reported on the meeting she attended with the City. Manager in
Indian River County regarding Falcon Cable channel 35; listed matters
pending before Council such as the Schumann tennis courts, lights at the
football field, report on required number of parking spaces for commercial,
and provision for septic tank replacement; recommended the City Attorney
meet with the Board of Adjustment to discuss special conditions set forth
by the Code for approval of variances; suggested new board members be
routinely advised on procedures when appointed; and reported on the May
26, 1996 Spring Fling in Riverview Park from 1 p.m. to 6 p.m. It was the
consensus of City Council to have the City Attorney meet with the Board of
Adjustment and advise other new board members on procedures and
statutory responsibilities by some method. The City Manager said the City
is in no danger of losing the grant on the tennis courts.
Vice Mayor Barnes said he had been advised by Park Place residents that
Sebastian police were reluctant to go into Park Place to investigate break-
ins and asked that this be looked into.
E. Mr. Raymond Halloran
Mr. Halloran said the Easy Street bikepath was in poor condition and
inquired whether the contractor can be put on notice. The City Manager
said he will look into it.
14
Regular City Council Meeting
May 22, 1996
Page Fifteen
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTERS
The City Manager said he had reviewed extensive police facility documents
and determined that there may have been some complicity on the part of
staff in deleting foil backed drywail since the rend did not contain this
material, therefore no suit has been filed. He said Dr. Spraul will be here
next week to test the building and that prices are being obtained for
materials to proceed with correcting problems.
The City Manager reported on Bob Keatmg's attendance at the Riverfront
Committee meeting relative to the Wabasso Corridor study; discussed h/s
meeting with representatives of Indian River County relative to Phase I
water assessments, stating that he is preparing a letter requesting the County
administer the assessment in accordance with previous consensus of
Council, requesting clarification as to where the authorization for the
request to the City to conduct the heatings came from.
17.
Being no further business, Mayor Cartwdght adjourned the Regular
Meeting at 9:05 p.m.
15
Regular City Council Meeting
May 22, 1996
Page Sixteen
Approved at the
Meeting.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
, 1996, Regular City Council
Louise g. Caxtwright
Mayor
16
City of Sebastian
i 1225 MAIN STRI::~-F ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~q FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Resolution No. R-96-41 A~enda No.
Approved For Submittal By:
City Manager
Dept. OriGin: Finance
Finance Director -~._/~
Date Submitted: 05/21/96
For Agenda of: 06/05/96
Exhibits: Resolution R-96-41
EXPEND I TURE
AMOUNT
APPROPRIATION
REQUIRED: $0
BUDGETED: $0
REQUIRED: $0
SUMMARY STATEMENT
Due to the change in Section 166.251 of the Florida Statutes
(1995), reducing the maximum service fee for dishonored checks from
$25.00 to $20.00, Resolution R-87-30 must be amended.
RECOMMENDED ACTION
Move to adopt R-96-41 which amends Resolution No. R-87-30 to the
Section 166.251 (F.S.) maximum service fee amount of $20.00 for
dishonored checks.
RESOLUTION NO. R-96-41
A RESOLUTiON OF THE CiTY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AMENDiNG RESOLUTION NO. R-87-30
WHICH ESTABLISHED THE SERVICE FEE FOR A DISHONORED
CHECK, DRAFT, OR ORDER FOR THE PAYMENT OF MONEY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.251 of the Florida Statutes (1995), authorizes the City
Council to assess a service charge for the collection of a dishonored check, draft, or other
order for the payment of money, in additional to all other penalties imposed by law.
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. AMENDED SERVICE FEE AMOUNT. Resolution No. R-87-30 is
hereby amended to reflect a service fee of $10.00 or 5% of the face amount of the check,
draft, or order, whichever is greater, up to a maximum amount of $20.00. The service fee
is authorized to be charged for each such instnunent made payable to any department, or
agency (to include the Golf Course or Airport), or official of the City, or to the City as an
entity.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 3. SEVERABILITY. If any clause, section, or other part of this Resolution
shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and shall in no way affect
the validity of the other provisions of this Resolution.
Section 4. EFFECTIVE DATE. This Resolution shall become effective upon its
passage and adoption.
The foregoing Resolution 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 Cartwri~t
Vice Mayor Walter Barnes
Councilmember Norma Damp
Councilmember Richard Taracka
Councilmember Ray Halloran
The Mayor thereupon declared this Resolution duly passed and adopted this
, 199
day of
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwfight, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Clifton A. McClelland,
City Attorney
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Amendment To )
Community Development Block )
Grant Contract )
No. 96DB-1E-10-40-02-C06 )
)
Approval For Submittal By: )
)
City Manager ~~r/~ cc4~~
)
)
)
)
)
)
AGENDA NO ~. / / O
Dept. Origin: City Manager
Date Submitted: 5/28/96
For Agenda Of: 6/05/96
Exhibits: -Letter dated May 20, 1996
From Department of Community Affairs
-Resolution R-96-42
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY
Attached please find a letter dated May 20, 1996 from Mr. Thomas A. Pierce, Chief, of the
Bureau of Community Development with the Florida Department of Community Affairs. in
essence, the letter is an amendment to the above referenced contract for which the City is
receiving funding. As can be noted, within the letter the changes are necessary to comply with
the February 13, 1996 role change dealing with method of fund distribution. The proposed
changes have been reviewed by the Finance Deparunent and the proposed changes will not
negatively impact the current grant program between the City of Sebastian and the Department
of Community Affairs.
RECOMMENDATION
Adopt Resolution R-96-42 authorizing the Mayor to execute the contract amendment as
represented by the May 20, 1996 letter from the Florida Department of Community .~ffairs.
RESOLUTION NO. ~
A RESOLUTION OF TE[E CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND
TIqE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AMENDMENT TO THE COI~E~TY DEVELOPMENT BLOCK
GRANT CONTRACT BETWEEN TI~ FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (TI~E "DCA") AND THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT FEEREWITH; PROVIJDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WRENS, the City of Sebastian entered into Contract Number 96DB- IE- 10.40-02-
C06 ("contract") with the Florida Department of Community Affairs ("DCA") to obtain
Commumty Development Block Grant funding on January 24, 1996; and
WE[EREAS, the DCA has submitted an amendment to the existing contract regarding
the method of fund distribution; and
WffEREAS, the Finance Department for the City of Sebastian has determined that
the proposed changes will not negatively impact the current grant program.
NOW, THEREFORE, BE IT RESOLVED BY TIlE CiTY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RivER COUNTY, FLORIDA, that:
~ AGREEMENT. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to siLm, and the City Clerk to attest, on behalf of the
City of Sebastian, the amendment to Contract Number 96DB- 1E- 10-40-02-C06 between the
DCA and the City of Sebastian, attached hereto as Exhibit "A".
i~S..flgj59_ll~. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
~. 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 said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
S~tion4. EFFECTIVE DATE.
upon £mal passage.
The foregoing
This Resolution shall take effect immediately
Resolution 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 1L Cartwfight
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
,, 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
day of
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Sea )
Approved as to Form and Content:
Valerie Settles
City Attorney
2
I
I STATE FLORIDA
DEPARTMENT OF COMMUNITY
EXHIBIT "A"
AFFAIRS
EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT , RESOURCE PLANNING AND MANAGEMENT
LA,,¥'roN C.,LES I"IA¥ 2 0 l[!g§ ,AMES E. M,_,RLE¥
Governor Secretary
The Honorable Louise Cartwright
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32978
RE: Contract Number 96DB-1E-10-40-02-C06
Dear Mayor Carrwright:
The above referenced contract is hereby amended to incorporate recent changes in the
administrative rule governing the Small Cities Community Development Block Grant Pro,am.
Attachment K to this contract is amended to read:
(aa) Any references to the method of fund distribution and escrow accounts covered
under this contract are amended to comply with the Februan., 13, 1996, version of Rule
9B-43.014 (4), Florida Administrative Code, as follows:
(4) Method of Fund Distribution:
(a) No payment from the Department shall be for an amount less than $5,000,
unless it is a recipient's last draw.
(b) Recipients may maintain cash-on-hand in amount of $5,000 or less for more
than five working days to meet daily cash needs.
(c) All requests for advance payments shall be for immediate disbursement
needs. The timing and amount of cash advances shall be as close as feasible to the actual
disbursement by the recipient not to exceed five working days.
2740 C E NTE R VI EW DRIVE · TALLAHASS E E, FLORIDA 3239
FCORIDA KEYS ARLq OF CRITICAL STATE CONCERN
FIELD OFFICE
2796 Overseas Highway, 5.itc 212
Marathon, Florida 33050-2227
SOUTH FLORIDA RECOVERY OFFICE
P.O. Box 4022
8600 N.W. 36th Slreel
Miami, Floffcia 331594022
GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELD OFFICE
155 East Summeriin
Barlow, Fi0nda 33830-4641
The Honorable Louise Cartwright
Page Two
Please sign below to indicate your acceptance of this amendment. This change will be
effective on the date of your execution of this letter. The original of this letter should be
returned to the Department and the copy appended to your CDBG contract file. Please contact
Susan M. Cook, Community Pro,am Administrator, at (904) 487-3644 if you have additional
questions.
TAP/SC/ph
ACCEPTED AND ACKNOWLEDGED:
The Honorable Louise Cartwright
Sincerely,
Thomas A. Pierce, Chief
Bureau of Community Development
BY:
Chief Elected Official
DATE:
City of Sebastian
1225 MAiN STREET cl SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Granting of Drainage
Easement Along the East & North
Side of the City's Public Works
Compound Requested by Indian River
County For CR 512 Corridor
Improvements
Approval For Submittal By:
City Manager
AGENDANO
// /
Dept. Origin: City Managef~
Date Submitted: 5/30/96
For Agenda Of: 6/05/96
Exhibits: -Resolution R-96-44
-Grant of Easement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIA~ON
REQUIRED:
SUMMARY
Attached, please find a memorandum from Richard Votpaka, Public Works DLrector, relative to
the request that I had received on March 29, 1996 from Mr. James Davis, Public Works Director
for Indian River County. In essence, the County has requested the granting of an easement
adjacent to the City's Public Works Compound in order to facilitate drainage improvements
which will be part of the intersection improvements at Louisiana Avenue and County Road 512.
The matter has been appropriately reviewed by Public Works and appropriate legal staff.
RECOMMENDATION
Move to approve Resolution R-96-44 for the authorization of the Mayor to execute the easement
granting the requested easement to Indian River Count.
RESOLUTION NO. R-96-44
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS;
GRANTING AN EASEMENT TO INDIAN RIVER COUNTY TO
FACILITATE DRAINAGE IMPROVEMENTS FOR TWE
INTERSECTION OF CR 512 AND LOUISIANA AVENUE;
AUTHORIZING THE MAYOR TO SIGN Aa'VD TII]E CITY CLERK TO
ATTEST, ON BEHALF OF THE CITY, THE GRAa~ OF EASEMENT;
PROVIDING TItAT THE GRANTEE SHALL RECORD TIlE
EASEMENT AND FURNISH A COPY OF THE RECORDED
INSTRUMENT TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WEIEREAS, Indian River County (the "Grantee") has requested an easement from
the City of Sebastian (the "Grantor") to facilitate drainage improvements for the intersection
of CR 512 and Louisiana Avenue; and
WHEREAS, the legal description for the easement to be granted to Indian River
County has been reviewed and approved by the City of Sebastian Public Works Director, the
City Attorney and Indian River County Surveyor, Charles Cramer; and
WHEREAS, Indian River County Public Works Director, upon receipt of the
executed grant of easement, will record and return a copy of the recorded easement to the
City Clerk for the City of Sebastian; and
WlTEREAS; Indian River County, upon completion of the improvements, will
require that the contractor restore the area excavated for the drainage pipes to as good or
better condition than before; and
WB[EREAS, a public purpose is served by the granting of the easement to Indian
River County.
NOW, Ti-IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. EASEMENT DESCRIPTION. The City Council of the City of
Sebastian, indian River County, Florida, hereby grants an easement, identified as Exhibit "1"
to this Resolution, further described ha Exhibit "A" to the Grant of Easement and made a part
hereof~ to indian River County to facilitate drainage improvements for the intersection of CR
512 and Louisiana Avenue.
Section 2. EXECUTION. The Mayor of the City of Sebastian, indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the
City of Sebastian, the Grant of Easement described herein.
Section 3. RECORDING. The Grantee shall record this easement ha the Official
Records of Indian River County, Florida, after receipt of a fully executed instrument, and
shall provide the Grantor with a copy of the recorded easement indicating the book and page
at which the easement is recorded.
~. CONFLICT. All resolutions or parts of resolutions ha conflict
herewith are hereby repealed.
~. 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 said invalid and unconstitutional provision, thereby
causing said remainder to remain ha full force and effect.
~. EFFECTIVE DATE. This Resolution shall take effect immediately
upon final passage.
The foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Counc/lmember
and, upon being put to 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
1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Carrwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
day of
Valerie SeRies
City Attorney
3
EXHIBIT "A"
City of Sebastian
1225 MAIN STREET c~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Cost Share Agreement ) AGENDA NO
Between the St. John's Water Manage-)
merit District & the City of Sebastian )
For Development & Implementation of)
a Municipal Surface Water Drainage )
Management Plan, South Prong, )
Sebastian River )
)
Approval For Submittal By: ) Dept. Origin: City Manager
)
City Manager ~/Tr~,~ '
cO)~Submitted: 5/28/96
For Agenda Of.' 6/05/96
CFc .1/Z.
Exhibits: -Cost Share Agreement
between the City of Sebastian & St. Johns
Water Management District
Resolution R-96-46
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQ~D:
SUMMARY
On Monday, May 20, 1996, Mr. John Hill with the Englaxeermg Consultant Firm of Craven
Thompson & Associates, Mr. Robert Massarelli, the City Planner and Mr. Clifton McClellan&
the former City Attorney met with representative of the St. Johns River Water Management
District to negotiate a proposed contract which could be considered for execution by both the
City Council and the governing board of the Water Management District. Attached to this
transmittal is a copy of the Agreement which reflects suggested changes by Mr. Clifton
McClelland. It is requested by the staff and Mr. Hill for the City Council to consider entering
into this agreement with the St. Johns River Water Management District and we would anticipate
that the Counc/1 would consider approving the agreement at its upcoming meeting to be held on
Wednesday, June 5, 1996. ~
The total project envisioned under the agreement is broken into three phases which is identified
under Article I commencing on page 2 of 20 of the agreement. The St. John River Water
Management District will provide funding in the amount of $65,000.00 for the City to carry out
segment lofPhase I as outlined under the scope of work within the agreement. The City will be
obligated to complete the work within twelve (12) months of the effective date of the agreement,
unless extended mutually between the two parties. As noted, in Article iii - Schedule of Work
and Effective Date, found on page 3 of 20, there is no obligation beyond the fn:st year without
the agreement being renewed for segment 2 of Phase I in Phases II and III, which will all be
subject to availability of funding and govermng board approval and City approval. This
agreement provides for the integration of the anticipated EPA Grant Funding with available
SWIM Funds which will provide a significant amount of funding to the City of Sebastian to
upgrade a number of identified deficient facilities. It also sets the foundation for a long term
agreement and relationship between the City and the District and it is the belief of the staff in that
of our Consultant, Mr. John Hill, that depending on the satisfactory results of our efforts, that this
agreement will yield significant future funding to aid the citizens of Sebastian and addressing the
significant drainage issues, which have been identified. The benefit to the Water Management
District, is that this sets forth a potential of a model agreement between a local government and
the Water Management District to address a significant number of water quality issues, and the
end result from the specific activity will be to reduce the nutrient loading and fresh water
discharge into the St. Sebastian River and ultimately the Indian River Lagoon.
RECOMMENDATION
Move to approve Resolution R-96-46 authorizing the Mayor to execute the Cost Share
Agreement between the St. John River Water Management District and the City of Sebastian
which includes the recommended changes by Clifton McClelland, Jr.
RESOLUTION NO. R-96-46
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, A
COST SHARE AGREEMENT BETWEEN ST. JOtlNS RIVER WATER
MANAGEMENT DISTRICT AND THE CITY OF SEBASTIAN FOR
DEVELOPMENT AND IMPLEMENTATION OF A MUNICIPAL
SURFACE WATER DRAINAGE MANAGEMENT PLAN, SOUTtt
PRONG, ST. SEBASTIAN RIVER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WItEREAS, a Cost Share Agreement has been negotiated between St. Johns River
Water Management and the City of Sebastian for development and implementation of a
Municipal Surface Water Drainage Management Plan for the City of Sebastian and the St.
Sebastian River to provide adequate drainage for the City and afford protection for natural
resources; and
WltEREAS, former City Attorney Clifton A. McClellan& Jr, recommended revisions
that have been incorporated into the proposed agreement; and
WHEREAS, John Hill, Craven Thompson & Associates, the City of Sebastian's
stormwater consultant, and City staff recommend that City Council enter into tiffs
Agreement.
NOW, TI3[EREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF TttE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~ AGREEMENT. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the
City of Sebastian, the Cost Share Agreement between St. Johns River Water Management
District and the City of Sebastian, attached hereto as Ex2fibit "A".
~. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
~. SEVERABI~ITY. 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 said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE.
upon final passage.
The foregoing
This Resolution shall take effect immediately
Resolution 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 R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember R/chard J. Taracka
The Mayor thereupon declared this Resolution duly passed and adopted this
~ 1996.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Louise R. Cartwdght, Mayor
day of
Kathryn M. O'Halloram CMC/AAE
City Clerk
(seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
2
~ EXHI B I T "A" Contract #96W257
COST SHARE AGREEMENT BETWEEN
THE ST, IOHNS RIVER WATER MANAGEMENT DISTRICT
AND THECITY OF SEBA$ .TIA~
FOR.DEVELOP~MENT AND IMPLEMENTATION OF A ~rUNI[CIPAI.: SURFACE
WATER DRAINAGE MANAGEMENT PLAN, SOUTH PRONG, SEBASTIAN R .~...ER
THIS COST SHARE AGREE~ is entered into by and between the GOVBRN]TqG
BOARD of the ST. ]'OHNS RiYER WATER MANAGEMENT DISTRICT ("DISTRICT"), whose
address is Post Office Box I,$29, Paiatka, Florida 32178-1~&9, and CITY OF SEBASTLAN ("CITY"),
whose addre.~ is 1225 Main S~rcct, Sebastian, Florida 32958.
WITNESS~I THAT:
~AS, DISTRICT is a spedal taxing district ta-~at~,i by the Florida L~gisiature and given
those powers and responsibilities enumerated in Chapter 373, Fia, Stat., whose geographic,nl boundaries
encompass Indian ]Liver Lagoon; and
WHEREAS, appwximately 90% of the surface area of CITY dra/ns into the South prong of the
Sebastian River which flows into the Indian River Lagoon; and
WHEREAS, the Indian River Lagoon is an estuary of national significance which has enjoyed
one of the highest diversity of species in North America; and
WHER~S, the rapid growth of CITY will intensify the rato and volume of the stormwater
runoff; and
WHEREAS, o'rY needs to prepare and implement a master drainage plan which provides
flood protection and affords environmental protection to the natural resources of the State of Florida;
and
WHEREAS, DISTRICT baa identified th~ Sebastian Rivcr watc~ as a priority axea in thc
Indian River Lagoon which requi~s water quality ~emedialion: and
WI-iERBA8, DISTRICT desires to assist CITY in the development and implementation of a
mszter drainage plan which will be consistent with DISTRICT rules and regulations, and DISTRICT's
other water management resg~onsibilities; and
WHEREAS, DISTRICT and CITY wish to reduce to writing their unde~tanding and
ag~emcnts.
NOW THF_JLEFORE, in considm-ation of th~ paymea~$ he~ specified and which Distric~ agrees
to make. CITY agrees to furnish and deliver all materials, to do and perform all work and labor
required to be furnished and delivered, done and performed for Development and hnplementation of a
Municipal Surface Water Drainage Management Plan, South Prong, Sebastian River, Contract
,Page l of 20
SOO'ON c:;i:8 96,'~£ A~SN :CI
Contract #96W257 ,
~6W257. CITY agrees to complete the Work in conformity with the Contract Documenm and all
attachments as defined herein and on file at the St. Johns River Water Management DistricT. The
Contract Documen~z consist of the/bllowing items, including all modifications thereof incorporated in
the Documentz before their execution: AGR~EMF, lqT; ~IT "D" - Resolution No. R-95-66;
EXHIBIT "A." - Scope of Work; EXHIBrr "B" - De,:ription of Stormwat~r Park: EXHIBIT "C" -
Project Budget; and all attacl'anent~ h~reto. All attachments and Contract document~ ar~ par~ of this
AGREEMENT as fully and with the same effect as ff they had been set forth at length in the body of
this AGB~I~-MENT,
ARTICLE I · PURPO~ OF AGREEMENT
The purpom of this project is to develop and implement a surface water ckainage and
management plan for the City of Sebastian and thc Sebastian PAver which provides
adequate drainage for the City of Sebastian and affords protection for thc natural
resources of the State of Florida. Thc project is divided into three phases as follows:
Ph~eI includes planning and construction clcmcnt~ to be performed over a 2-year time
frame (as two, one-year segments). These elements are briefly described below (details
provided in ~IBIT "A'),
A City-wide surface water management plan will be developed in cooperation with
thc District. Plan development will include thc collection and an',dysis of baseline
hydrologic and water quality data to generale pollutant load reduction targets and
other design criteria, land acquisition requirements, and estimated implementation
costs.
A wetland detention trcatmcnt system and improved outlet control s~'ucture will b~
constructed in thc 500-acre Stonecrop drainage basin over the same two-year time
h'ame.
~ entails &tailed design and cost ~timates to implement the City's surface water
management plan. Thc time frame for Phase 1I will be determined during negotiation of
furore amendments to this contract. The elcmentz of rl~is phase include:
* the establishment of pollutant load reduction targets and discharge regulation
schedules that arc mutually agreeable to the City and the District,
· any small-scale feasibility testing of selected stormwater treatment devices or
practic~ intended to meet the targetz,
* the final design and acquisition of permits for the ztormwater treatment facilities and
conveyances (particularly the "$tormwater Park"), and
* improvements of outlet structures and any water quality treatment capabilities at the
Slkcam Waterway and the Collier Creek drainage system.
Page 2of20
£0'ct c~o0'oN c__c:S 96,~£ iWW
Contract 896W257
~ is the staged implementation of the remaining elements of 'the City's surface
water management plan, parQcularly the "Stormwater Pm'lc", ~md 'all other facilities and
conveyances in the Sebastian Highlands and. Akrport areas. Because of the size of the
areas affected by the plan and the large cost to be incurred, plan implementation will
probably be staged over 10 to 15 year~.
Each party to this AGREE~ is a governmental entity which is subject to annual
budget appropriations and each party reserves the right to withdraw from the project at
the end of any fiscal year subject to tim provisions of ARTICLES HI and XXI ,as
appropriate,
The parties recognize this AGREEMENT ~tablishes the responsibilities and duties of the
pettiest for Phase I. The responsibilities, duties and time seahedule for Phases II and III
will be established in supplemental renewals to this AGREEMENT which will be
executed by both parties.
A TICLE II . SCOPl OF WORK
Ail Work will be performed in accordance with EXHIBIT "A", SCOPE OF WORK, entitled,
"Development and Implementation of a Municipal Surface Water Drainage Management Plan. South
Prong, Sebastian River," attached hereto and by r~ference mad~ a part of this AGREEMENT.
ARTICLE II/ . S~BL~]~,DF WORK AND EFIZECT~/~ ,D&TE
A. The effective date of this AGREEMENT shall be this __ day of
,1996.
CITY will be required to commence tim Phase I, Segment L Work under the Contract within
fifteen (15) calendar days after the effective date of thc AGREEMENT, to prosecute the
Work diligently, and to complete the entir~ Phase I, Segment I, Worlc for use within twelve
(12) months of the 'Effective Dat~ of the AGREEMENT, unless the date is extended by
mutual agreement of the parties hereto. Time is of thc essence.
This AGRL~MENT may b~ r~newed for Pha~ I, Segnmnt IL Work in D{STRICT's Fiscal
Year 1996t97, and for Phases II & III in subsequent fiscal years, all subject to the availability
of funds and approval of DISTRICT's Governing Board and CITY, Segment II of Phase I,
and Phases II ge III, will be confirmed by the issuance of Renewal Agreements. CITY shall
proceed with the Phase I, Segment 1I, Work oMy upon receipt of a Renewal Agre~memt.
CITY shall proceed with the Phas~ II Work only upon r~c~ipt of a Renewal Agr~ment.
CITY shall proceed with the Phase III Work only upon receipt of a Renewal Agreement.
The Scopes of Work for Segment II of Phase I, and Phases ff & IlL are briefly described in
the attached Scope of Work. Detailed scopes and budgets will be negotiated at future dates
pursuant to the provisions of ARTICLE XIV, subject to the success of the prior and/or
concurrent segment~/phases.
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ARTICLE IV - ~
This AGlt~MENT ~hall expir~ at 12:00 tnidn/ght on the sixtieth day after the completion of
the Work in accordance with the date eStablished under ARTICLE II above.
ARTICLE V - LIABILITY AND INSURANCE
1/ach party to the AG1LEEMENT is responsible for ail personal injury and property damage
attributable to thc negligent acts or omissions of that party and the officers, employees and
agents thereof. In addition, each parry is subject to thc provisions of Section 768.28, Fla.
Stat. (1995),
If CITY fails to comply with any of the terms, conditions, provisions, or stipulations of this
Contract, DISTRICT may avail itself of any or all remedies provided in the Conwact and
shall have the right and power to proceed in accordance with its ~ovisions.
Each party shall also acquire and maintain throughout the term of this AGREEMENT such
general liability, automobile insurance, and workers' compensation insurance as required by
their current rules and regulations.
CITY hereby certifies to DISTRICT that the Work to be performed pursuant to this
AGREF_MENT does not and will not iafrin~ on any patent fights.
ARTICLE VI - RESPONSIBiL1TIF. S OF CITY
A. CITY's Project Manager shall be Tom l=rarnc, City Manager, or his designee.
CITY shall follow the verbal and written direction of DISTRICT' s Project Manager assigned
to the work. All work authorized may be stopped by DISTRICT's Project Manager at any
point, which shall not result in loss of payment to CITY for services performed up to thc time
the Work has ceased in accordance with this Contract. If CITY fails to perform under terms
of this Contract, DISTRICT may elect to have CITY cease work until corrections are made at
no additional cost m DISTRICT and with no allowance for extension of time or to terminate
if CITY fails or refuses to comply with the terms of this AG~.
CITY certifies it is an independent conu-actor and not DISTRICT's employee, nor are any
crrY's employees performing work under this AGIt~MENT, DISTRICT employees.
CITY shall dedicate a funding source to ensure their long-term financial participation in the
program. Design, permitting, construction, operation and maintenance of Best Management
Practices (BMPs), outlet structures and other drainage facilities will also bc the responsibility
of CITY.
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ARTICLE VII - RESPON$IBIL~ OF DISTRiCT
The Executive Director designates loci Steward as Project Manager for purposes of directing
CITY and maintaloing coordination and review of the work. The Project Manager shall have
sole and complete responsibility to transmit instructions, receive information, approve
invoice, interpret and communicate DISTRICT policies and decisions with respect to all
matters pertinent to CITY's services. The Project Manager and, as appropriate, other
DISTRICT employees shall ,neet with C1TY aa ttec~sary to provide decisions for the
duration of the Work, as well as to review and comment on interim reports. No actions
outside the Scope of Work shall be initiated by CITY without prior written authorization of
the project manager; however emergency situations requiting action within less than twenty-
four (24) hours may be granted verbally by the Project Manager and followed up in writing
within seventy-two (72) hours.
DISTRICT shall be available to CITY to respond to questions regarding thc project.
As is further specified in thLs AGREEMENT, DISTRICT shall provide timely reviews of any
and 'ail invoices and deliverables related to this AGREEMENT submitted by CTrY.
Upon the satisfactory completion of the Work, DISTRICT will provide a written statement to
. CITY accepting all deliverables.
DISTRICT will provide technical assistance ralative to the 'BMP design, conduct appraisal
investigations of lands to b~ acquired for the purpose of implementing CITY's "Stormwater
Park" concept of the surface water management plan (refer to EXHIBIT "B", a description of
CITY's "Srormwater Park" concept). DISTRICT will obtain and pay for the appraisal
reports. Contingent upon CITY's confirmation of funding availability necessary for
"Stormwater Park" construction, DISTRICT will provide finan¢i~ assi.~tance in the
acquisition of the Park site. Any ag:eenmnts, terms, and conditions related to the proposed
land purchase will be subject to DISTRICT'~ Governing Board approval a.s customary in all
other DISTRiCT acquisitions.
ARTICLE VIII . NON-WAIYER OF DISTRICT AU ,.,~. ORITY
Nothing herein shall be construed as a waiver of or contract with respect to the regulatory and
permitting authority of DISTRICT aa it now or hereagter exists under applicable laws, rules and
regulations.
ARTICLE IX ,, DELIVERABLES.
~ CITY shall deliver all services, products, and deliverablc~ as stated in thc
Contract.
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REPORTS: CITY shall submit quarterly reports to DISTRICT's Project Manager in a form
approved by the Project Manager. In addition to hard copies, all writte,~ deliverables
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Contract #96W257 ·
(reports, papers, analyses, etc.) shall Ix: mbmitted in machine readable form in formats
consistent with DISTRICT's standard software products. DISTRICT's standard office
automation products include the Microsoft® Offic~ Suit~ (WORD, EXCEL, ACCESS, and
POW'ERPORqT). Other formats may be accepted, if mutually agr~d upon by DISTRICT's
Project Manager and Chief Information Offi~r.
ARTICLE X - {~OMPENSATION
~Amount. 9f l~andin~: For satisfactory perfiamance of the Work outlined in the Contract,
DISTRICT as~ees to pay CITY a sum in the amount not to exceed $65,000 for Phase I,
Segment I.
lnvoictn~ Procedure: All invoices shall reference the Contract Number provided on the
f'~r~t page of this AGREEMENT and shall be submitted to DLrector, Division of Finance and
Accounting, P. O. Box 1429, Palatka, Florida, 32178-1429. CITY shall submit itemized
monthly invoices based upon the actual work performed and shall bill as per the Project
Budget included in EXIqlI~IT "C." Invoices which do not correspond to the Project Budget
will I~ remrnrcd to CITY without action-
~ DISTRICT shall pay CITY ninety percent (90%) of each invoice within thirty
(30) days of at:~rroval. DISTRIC-~ .shall retain ten ~reent (10%) of och approved invoice
amount until tl~ completion of all work and final acceptance of the Final Report by
DISTRICT's Project Manager. Payments due and unpaid under this AGREEMENT shall not
bear interest. If CITy fails to complet~ the Work in a timely manner, and deliver all
materials aa provided for in the Contract Doeurr~nts, DISTRICT may elect to withhold the
retainage to offset costs incurred by DL~'RiCT because of CITY's failure to complete the
Work on time.
~ Travel expenses must be submitted on DISTRICT or State of Florida Travel Forms.
DISTRICT shall pay CITY all travel expenses pursuant to DISTRICT Travel Policy, attached
hereto, and by reference made a part hereof. Travel expenses shall not be considered
additional compensation, but shall be drawn from the amount provided in the Project Budget.
~ CITY agrees that acezptance of the payment, shall be considered as a release in full
of all claims against DISTRICT or any of it, members, agents, and employee, s, arising out of,
or by reason of, the Work done and mamials famished under this AGREEMENT. Prior to,
or in conjunction with final payment, DISTRICT shall review and determine that CITY has
fully and satisfactorily completed the requitw, t Work under this AGREEMENT. If
DISTRICT determines that CITY has complied with the terms and conditions of this
AGREEMENT, then acceptance of final payment by CITY shall be considered as a release in
full of all claims by DISTRICT against CITY, or any of its members, agents and employees,
arising out of, or by any rea.son oL the Work to be done and materials furnished under this
AGREEMENT.
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ARTiCLE XI - F~JNDIN{~
This AGREEMENT is subject to the availability of funds from an annual appropriation by
the Florida Legislatur~ to the SWIM Trust Fuud, as provided for in Chapter 87-97, Laws of
Florida, and Rule 17-43, Florida Administrative Code, for the payment hereof. Should the
project not be approved for fuming by the SWIM. Trust Fund, or if approvcd should funds
sufficient to cover the costs of this AGREEMENT not be placed into the SWIM Trust Fund
and be made available to D[STRICT, then this AGREEMENT shall bc null and void and
DISTRICT shall sot bc obligated to CITY in any sum.
If, after the effective date of the AGREEMENT, should funding by the SWIM Trust Fund
terminate, DISTRICT may terminate this AGREEMENT upon thirty (30) days written notice
to CITY and shall be liable only for such costa aa actually incurred by CITY up to the date of
termination.
ARTiC%E XH . OWNERStIIP OF DOCUMENTS
Ownm-ship and copyright to all ~"t~m and all accompanying data (in ail tbrmats) produced
pursuant to this AG~ shall be ve~sted in D[STRICY and CITY. CITY shall include ln,n~,n~age
in all subcont~act~ which ¢le~ly indicates that Owrmr~hip and Copyright to all materials produced
pursuant to this AGREEMENT shall rerrmn with DISTRICT and CITY.
ARTICLE Xlll - SUBCONTRACTING
CITY shall sot sublet, assign, or transfer any work under this AGREEMENT without the
written consent of D[STRICT, When applicable, and upon receipt of such ¢onacnt in
writing, CiTY shall cause the names of the Cms responsible for such portions of the work to
appear on the work.
CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calcndar days prior
to the effective date of the subcontracts for the purpose of approval. OTY agme~ to provide
DISTRICT with an executed copy of all aubconwacts within ten (10) calendar days after thc
effective date of the subcontract.
CITY agrees to be responsible for the fulfillment of all work elements included in the
subcontracts and agrees to be responsible for the payment of all monies due under any
subcontract and hold DISTRICT harmless from any liability or damages rasing under or
from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall
create any contractual relationship between any subcontractor and DISTRICT.
It is hereby acknowledged that CITY has procured thc engineering services of Craven
Thompson & AssOCiates, Inc., to develop C1TY's stormwater drainage management plan,
which includes a portion of the work to be accomplished under this AGREEMENT.
E00'ON
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Contract
ARTICLE XlV , CHANGES IN SERVICE REOUIREME.. NTS
DISTRICT and CITY may at any time, by mutual written agr~m~nt in the form of an
amendment to this AGREiaMENT, mal~ changes within the general scope of this AGREEMENT in
the services or work m b~ provided. Neither party m this AG~ shall um'~asonably withhold
consent to any written amendment to this
ARTICLE X'~ - INTENT OF CITY
Unle.~s otherwise declared in an ad~ndum, CITY certifies that no officer, agent, or employee
of DISTRICT has any materiaJ, interest (as defined in Chapter 112, Fla. Stat., as amended) either
directly or indirectly, in the business of CITY to be conducted here, and that no such person shall have
any such int~est at any time during the term of this AG~.
ARTICLE XVl.
CITY shall not assign the Contract or sublet it as a whole without thc written consent of
DISTRICT nor shall CITY assign any moneys due or to becorvm due to it hereunder, without the
previous written consent of DISTRICT.
ARTICLEXYII - C NCELLATION
Each party to this AGREEMENT re.~rves ~ fight to unilaterally cancel this AC}REEM~NT
for refusal by thc other party to allow public access to all documents, papers, letters, or other material
related to this AGREEMENT and subject to the provisions of Chapter 119, Fla. Stat., as amended.
ARTICLE XViiI . AUDIT: ACCESS TO RECORDS
CITY agrees that DISTRICT or its duly authorized representatives shall, until the expiration
of three (3) years after expenditure of funds under this AGREEMENT, have access to
examine any of CITY's books, documcuts, papers, and records involving transactions related
to this AGREEMENT. CITY agrees that payment(s) made under this AGREEMENT shall
be subject to reduction for amoun~ charged which are found on the basis of audit
examination not to constitute allowable costs.
CITY shall refund by check, payable to DISTRICT, the amount of any reduction of
payments. All required records ah,ail be maintained until an audit has been completed and all
questions arising from it are resolved or until three (3) years after completion of the Work
and submission of a final invoice, whichever is seoncr. CiTY will provide proper facilities
for access to and inspection of all required records.
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ARTICLE XIX - ~
Pursuant to Chapter 760, Fla. 8tat., CITY shall not discriminate against any employee or
applicant for employment becaum of rac~, color, religion, sex, or national origin, age. handicap or
marital status.
ARTICLE XX - NON-LOBBYING
Pursuant to Section 216.347, Fla. Stat., CITY hereby agr~s that monies received from
DISTtLICT on this Contract will not be used for the purpose of lobbying the Legislature or any other
state agency.
ARTICLE ]EX][ - TERMINATIONS
This AGREEMENT may be terminated tbr any mason by either party upon thirty (30) days
written notice to the other party provided CITY shall receive coml~nsation for the.work it has
performed under the AGI~EMENT to the dam of t~rmination..
ARTICLE ~ . GOVERNING LAW/ATTORNEYS' FEES
This AGREEMENT shall be construed and in~q:~tcd according to the laws of the Stat~ of
Florida. In the event of litigation between the Faniea arising fi'om or pextaining m this AGREEMENT,
the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorneys'
fees and costs.
ARTICLE XXIII - CONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed mom strictly against one p,-Lrty than against the
other merely by vkmc of the fact that it may have b~n prepared by counsel for one of the parties, it
being recognized that both parties, DiSTRICT and (il'fY, have contributed substantially and materially
to the p~paration hereof.
ARTICLE XXIV - F2~iTIRF-~AGREF4MENT
This AGP, EE~ upon execution by CITY and DISTRICT, and the contract documents
constitut~ the enti~ Agreement of the parti~. The parties ar~ not bound by any stipulations.
representations, agreements, or promises, oral or otherwise, not printed or inserted in this
AGII~MENT. CITY agrce.s that no representadons haw been mad~ by DISTRICT to induce CITY
to enter into this AGREI~MENT other than as expressly stated by this AGREEMENT. This
AGttl:rt:~MENT cannot be changed orally, nor by any means other than written amendments referencing
this AGREEMENT and signed by all parties.
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Contract ~96W25']
IN wI'rNEs.q WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT has caused this contract to be e,x~umd in its name by its Chairman, attested to by its
Secretary, and CITY OF SEBASTIAN, h~ caused this contract to 1~ executed in its name by its
duly authorized representatives, all on the day and year first above written.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
~ OF SEBASTIAN
By: By:
William M. Segal, Chairman
Attest:. Attest:
Otis A. Mason, Se~et,~Lry
Typ~ Nam~ and Ti~I~
' ~ Nm and'ritl¢
APPROVED BY THE OFFICE OF OENERAL COUNSEL
John W. Williams, Senior Assistant General Counsel
;St. Johns River Water Management Distriot
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Contract g96W257
EXHIBIT "A" - SCOPE OF ,WORK
DEVELOPMENT & IMI~LEMENTATION OF A SURFACE WATER
DRAINAGE MANAGEMENT PLAN FOR THE_CITY OF SEBASTIAN
L .... iNTRODUCTION
High quantities of suspended matter and nutrients and occasional large freshwater discharges in
the Sebastian River/Indian River Lagoon (IRL) system are identified as major water quality
problems (IRL SWIM Plan, 1994; Windsor and Steward, 1987). The input.,~ of nutrients and
suspended matter produce levels of turbidity and algal growth (both epiphytic ,-md planktonic)
that can restrict incoming sunlight required by scagrasses in thc IRL (DISTRICT, unpubfishcd
data; Kenworthy and Haunert, ed., 1990). Seagrasses constitute a critical habitat in the Lagoon
system and am an important soume of prirnar7 production. Yet. scagrass coverage, especially
maximum depth coverage, in tb.~ Sebastian area of the IRL has been in general decline
(Woodward-Clyde, 1994). Additionally, excessive discharges of l¥~sh water from the Sebastian
River can cause precipitous drops in salinity in the IRL that threaten the hard clam fishery (IRL
SWIM Plan, 1994). DISTRICT identifies the Sebastian River watershed as a priority area in the
IRL basin in need of water quality remediation (IRL SWIM Plan, 1994).
The Sebastian River watershed is approximately 114 square miles, one of the 'largest watersheds
in the Indian River Lagoon basin. The Sebastian watershed is divided into four major drainage
areas: the lower estuarinc reach of the river extending two miles upriver ti~m the confluence
with the IRL, the North Prong, the West Prong (C-54 and Fellsmere Canal), and the South Prong.
The South Prong comprises a little over half of the Sebastian watershed and includes lands
within Indian River County (e.g., Veto Lakes Estates), Sebastian River Water Control District,
and the City of Sebastian. DISTRICT is in thc proce,.,ts of developing a comprehensive surface
water plan whose objectives include the management of controflcd discharges and municipal
drainage to South Prong in accordance with seasonal salinity targets and load reduction targets
for nutrients and total suspended matter.
CITY is the first jurisdictional entity in thc watershed to officially affirm its desire to work
cooperatively with DISTRICT on the development of salinity and pollution load targets for South
Prong, and implement a municipal drainage plan to help achieve those targets and other
environmental, flood protection, and recreational benefits (refer to ]~XI--IIBtT "D," CiTY
Resolution R-95-66). The City of Sebastian covers 9,0IX) acres and is currently 50% developed,
mostly residential (Figure l). Approximately 90% of CITY drains to South Prong via Collier
Creek, F_lkcam Waterway canal, ~md the Stonecrop basin. CITY experiences flooding due to
inadequate drainage and expects flood risk and runoff will increase with development. CITY and
DISTRICT would like to minimize flood risk while ensuring proper water quality treatment of
stormwater and base~flow drainage. Therefore, OTY ad DISTRICT agree to enter into a
technical and financial partnership for the completion of a municipal drainage treatment plan that
would serve to meet the objectives of both DISTRICT and CITY. Accordingly, DISTRICT is
providing partial funding support to CITY for plan development and implementation based on
thc purpose, contractual intent, and scope of work stated below.
Purpose of Project and Contract
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The project's primary purpose is to achieve pre-determined reductions in freshwater discharges
and annual loadings o~' total nitrogen (TN), total phosphorus (TP), and total stlspended matter
(TSM) from CITY's municipal drainage system to the South Prong of Seb~tian River and
provide ~ with a surface water drainage arid managcmcnt system. DISTRICT is responsible
for establishing technically defensible freshwater and pollutant load reduction goals for South
Prong and the Sebastian River, and encourages CITY to review the methods and recommended
c,-u-'gets. The targeted reductions will then be allocated among the major sources of input to the
South Prong, namely CITY, Sebastian River Water Control District, and Indiau River County.
Most of the urban development ia the South Prong drainage area is found within CITY and is
believed to be a principal aonpoint source of nutrient and TSM loadings to the river. As such,
CITY will be 'allocated a pementage of the targeted pollutant load reductions and be responsible
for its achievement. Toward that end, the cooperative project with CITY is aa essential
component of the comprehensive surface water management plan for the South Prong and the
Sebastian River overall.
Contractual Intent and Schedules
The project is intended to be contracted and conducted in three phases in coordination with a
-$500,000 EPA-funded program [319(h) Nonpoint Soorc~ Program]. Completion of Phase i is
thc immediate concern of DISTRiCT and crrY, and it is scheduled over a 2-year time frame.
DISTRICT funds budgeted this fiscal year will cover only Segment i of Ph~e I (first 12 months).
If adequate funds al~ available in subsequent fiscal years, DISTRICT will consider amending this
conu'act to complete Segment li of Phase I (second 12 monl~), as well 'as components of Phases
II & III, which will be specified under futur~ amendments to the AGRHEMENT.
Phase I will be described in some detail in this scope of work. Phases II and ll~ will be briefly
described -- no detailed tasks or schedules at this time. It is ant/cipated that Phases II and ][II will
be sufficiently seeped later in future amendments to this contract.
Phase I includes the folIowing elements:
Initiation of hydrologic and water quality monitoring and modeling of CITY's
major drainage areas;
· Development of CiTY-wide surface water management plan in cooperation with
DISTRiCT, including preliminary pollution load reductioo targets, land
acquisition requirements and estimated implementation costs; and
Construction of a wetland detention treatment system and an improved outlet
control structure ia the 500-acre Stonecrop drainage basin,
Phases 1I and III constitute implementation of the remaining plan elements:
* Continued monitoring and establishment of pollution load reduction targcts that
would be mutually agreeable to CITY and DISTRICT;
Small-scale feasibility testing of selected BMP devices or designs
Improvement of any water quality treatment capabilities at thc alkc~rn Wate:~vay
and of the Waterway's outlet structure;
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Improvement of the Collier Creek drainage system and its outlet structure;
Installation of upstream BMPs in any or all of the major drainage arem~ (Collier,
Elkear& Stonecrop, etc.); and
Final design and construction of other stormwater facilities within CITY,
particularly CITY's "Stormwater Park". 'DISTRICT ,and cFrY have agreed to
specific commitments related to the "Stormwater Park" and addressed in this
AGREEMENT (refer to Article VI - Responsibilities of City and Article VII -
Responsibilities of District).
II. OBJECTIVES..PHASEI
Phase I of this project entails the development of a municipal storrnwater drainage management
plan, initiation of its monitoring objectives, and construction of the drainage treatment system in
the Stonecrop basin. Phase L overall has a 2-year time frame. Them are Ist year objectives
(Segment I) and 2nd year objectives (Segment'fi) under Phase L These objectives are described
below.
I. . l:~a~e L Seament I (lst Year Obieetives):
Describe and implement a monitoring program to quantify average dry season
and wet season flows, and TN, TIs, and 'ISM loadings from the major drainage
areas. The purpose of the monitoring is to: (a) quantify current., dry season and wet
season loadings from the major drainage areas (3 to 4), (b) calibrate and verify any
one of a number of loading simulation models (to be mum'ally agreed upon by
DISTRICW and CITY'), and (e) quantify and evaluate the pollutant removal
efficiencies of the recommended BMI:'s using the chosen model.
It is expected that the monitoring would immediately cmmnence following
development of a monitoring plan and the monitoring plan would be completed and
submitted to DISTRICT by 2 months following contract execution.
Select, set up, and calibrate a suitable model to estimate annual and storm event
TN, TP, and TSM loading~ from CTTY's major South Prong drainage areas
(e.g., spreadsheet-type model simil~ to DISTRICT's PoUution Load Screening Model
or the LOADSIM model developed for Turkey Creeg/MTWCD by Ashok pandit).
Results are not expected to be final until the end of the 2ad year of Phase I; however,
some preliminary results can be submitted at the end of the 1st year. First year results
should include quarterly data reports for any monitoring that occurred in 1996 and
1997, and model set up and initial model calibration. Within the 2nd year, the model
should be fully calibrated (verilSed) and used to test thc pollutant load removal
efficiencies of BMPs and select the most appropriate BMPs (see objectives 3 and 4
below).
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Recommend and describe structural and non.structural upstream liMPs
(relatively small in scale) and larger scale BMPs (e.g. Stonecrop wctland detention
system, any increase in storage or detention/retention system(s) in the EL~cam
Waterway drainage area, etc.). The BMPs sele~ed would bc applied to the treatment
of storm and non-storm drainage quality, and will be model-tested to meet the TN,
TP, and TSM reduction 'targets set for each of CITY's major drainage areas. Some of
the recommended BMPs would be feasibility-tested in Phase R as demonstration
projects. ~
Develop CITY master surface water management plan. The piafl will include an
established Level of Service (LOS) for flood protection; structural and non-structural
BMP recommendations specific to each major drainage area that would meet the
LOS, but be flexible in design to be able to meet pending pollutant load reduction
criteria (ranges of expected load reductions should be incorporated in thc de.sign);
land acquisition, construction and off, ar implementation elements necessary to install
or construct the BM.Ps; schedule and estimated costs of plan implementation; and
identification of f'mancing mechanism(s).
CITY will be required to dedicate a funding Source to cnsurc ~heir long-term financial
participation in thc program. Design, permitting, construction, operation'and
maintenance of BMPs, oudct structures and other drainage facilities will also be the
responsibility of CITY.
DISTRICT will provide technical assistance relative to BMP design, conduct
appraisal investigations of lands to be acquired for thc purpose of implementing
CITY's "Stormwater Park" concept of the surface wa~r management plan (refer to
EXHIBIT "B", a description of CITY's "Stormwater Park" concept), and obtain and
pay for thc apprais,'d reports. Contingent upon CITY's confu'mation of funding
availability necessary for "Stormwater Park" construction, DISTRICT would provide
financial assistance in thc acquisition of the Park site. Any agreement~, terms, and
conditions related to the proposed land purchase will be subject to DISTRICT's
Governing Board approval as customary in ail other DISTRICT acquisRiona.
Design and complete the initial stagu of construction of the Stonecrop wetland
detention and outlet control system. This project will serve as a stormwater
treatment system for a SOO-acre urban basin that drains into the South Prong (Figure
2). Thc treatment system will have an adjustable control structure at the outlet of a -7
acre detention basra that will include deep-pool settling and wetland treatment
feature.s. Because of the'high water table in the basin, thc Ston¢crop system will also
handle constant "bleed-off' or daily base flows. :
In Phase I, Segment I (lst year), CITY will complete detailed design of thc Stonecrop
basin site plan, obtain permits, and construct the initial stage of the project (e.g., inlet
energy dissipators, inlet pool, discriminate clearing and grading of thc low-tying areas
of the basin to encourage growth of preferred, native wetland plants). Completion of
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the project (e.g., adjustabIe outlet structure) will occur in Phase I, 2nd year, contingent
on available funds.
Phase I. Segment II (2nd year Oblecflvesk
Complete construction of the Stonecrop s~ormwater treatment system and outlet
structure. Designs and construction schedules for Elkcam and Collier BMP systems,
and the central "Stormwater Parle' will be ba~ed on pollution load targets mutually
agreed upon by CITY and DISTRICT.
The pollution load assessment model should be fully cslibrated by the end of the
2nd yesr, Phase L Additionally, all proposed BMPs (small ,'md lar~) should be
model-tested (refer to objectives 2 and 3 above). Small-scale BMPs should be field-
te~ted in Phase 1T (BMP feasibility phase). Field testing (Ptmse ID can be initiated
In the 2nd year and completed in the 3rd year.
Phase HI planning can also be initiated In the 2nd year - general design and
estimated construction schedule for the "Stormwater Park", and other BMP
sites within the Collier and Elkcsm drainages. The Phase III plan will basically
include a final best-estimate sehedu/e (based on a pfiorit/zation of projects) and
budget for detailed eng/neering design work, construct/on, operation and
maintenance.
8. Seek mechanism(s) for funding or financing Phase II and HI.
CTTY's benefit to establish funding mcchmaism(s)
execution of this cormract.
by ~c
It would be to
2nd year following
Phase I, Segment L Objectives #l - #3 will be fully addressed by the end of the first year. The
monitoring program will be dc,signed and implemented in thc first year with implementation
continuing into furore years and pha~es as necessary. Objective ~ will be fully addressed by thc
end of Phase I, Segment ii (2nd year); however, certain tasks to define thc LOS, specific BMPs,
and estimated costs for land acquisition and construction can bc completed in thc 1st year,
Objective #5 (Stonecrop basin) will be initia~d in Phase I, Segment I (the 1st year), and
completed in Phase I. Segment II (the 2nd year) as Objective//6. Objective #7 (d~ign and
estimated construction schedule) and Objective #8 (funding sources or mechanism established)
shall be in place by the cad of second year or within first half of the third year.
Phase II will involve small-scale construction and removal efficiency evaluation of selected
treatment designs and BMPs. Phase lI could start in the second year (overlapping Phase I) with a
timefr,-ume of 2 years. Phase 121I will be CITY's large-scale effort toward full implementation of
the plan. Although not required by this AGltFr~,MENT, Phase Iff could conceivably be part of
CITY's longer term, drainage capital improvements
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Page 15 of 20
SOO'ON SO:Of 96,I£
''C['N'~'~'C'S
Contract g96W257 '
,IIi. TASKS ~ PRODUCTS.
The scol~ of the proposed ,,p. roject include, at a Ininimllnl, the ranks and products described
below. The taak~ ,'md ~oducts ar~ discussed in ar~ociation with the objeetive~ that they address.
A. Pha~el. $eamen=t ! (lst Year Oblectlv~s):
Objective i. Development of a surface drainag~ water quality monitoring program.
Task A. Develop a hydrologic and water quality monitoring plan for quantifying
the loadings of TN, TP, sad TSM from representative sub-drainage steam
Monitoring data will h~p quantify s~aaonal and annual loading rate and assist in
the evaluation of BMP removal ¢a~ficiency fa~ora. 'l~ne monitoring program
would b~ d~signed to enable evaluation of pr~-BMIa and BMP conditions.
Products: (1) A document that d~cr~b~ the monitoring plan: station
locations, monitoring ~, paxam~texa, frequency of collection,
r~sponsible laborato~ (with a DF_l~-approvexi Q,~/QC plan), data analysis
metheM~, sched~e for data atmlyals and intart~tive report including
calibration/verification of model, and monitoring program coats.
(2) Quarterly data reports.
Objective 2. Select, set up, and calibtat~ a pollutant load assessment model
Task B, Develop a m~n:lel that will enable ~ and DiS~I~l~IC-~l' to (1) estimate
loading rat~s of ]]~I, 'IIa, ~d TSM (annual, seasonal, and storm events) baaed on
land tt,~, soils, et~. and can
(concentration X flow); and (2) aaa¢~a BMP tyl:~ with r~soect to ttl¢ir load
rr~duction efficAeney (BlVlla r~moval efficiency factors are found in the literatu~).
Products: (1) Quartexly prog.,'ess reports on model development and
any pr~liminazy mod~l x'eaulta. '
(2) Copies of any agr~ement~ with sub..contra~tom hired by
~ or its contractors to develop the mod~l or provide any s~rvices
r~lat~d to monitoring or mod~l d~valoFmmat.
Objectives 3 and 4. Storm and Non-storm drainage water quality tx~a~nt d~igns or
BMPs (non-structural and structural solutions) and development of th~: master surface
water management plan
Task C. F.,~tablish consensus with DISTP, ICI on
each city drainage ar~a (rr~da~r~Jyr) baaed on overall Sebastian watershed
preAiminary PLRGs for fw~ahwa~, TP, ~f]~l, and TSM. Pa:duction tm-g.e, ta will be
established for the following drainag~ a~a~: Elkcam Waterway, CoLher C. ceet~,
~ Stonexrop, 'and other ~ drainage a~ of the South Prong or Indian Pdver
~ Pag~ 16 of 20
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Z~'d fi00'0N ~0:0I 95,I£ AaW :~I
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Conwact ~06W257
[The.se targets will be re-evaluated based on modeling and feasibility analyses
performed in Phase I, Segment II (2nd year), arid under Phase Il. Afterwhich, the
reduction targets will be ~ by agreement between CITY and DISTRICT (in
Phase III).]
Product: A letter confirming the prdimEaxy reduction targets, established
by mutu',d consent, will be sent from CITY to DISTRICT project manager.
Task D. B~ed. on the drainage ar~a load reduction targets, CITY will modal-test
and recommend non-structural B1V~s ,and structural modificatior~ of municipal
drainag~ systems including the "Stormwater Pazk" and other stormwater facilities
or control structures.
Product: A document containing non-structural/structural BMP
evaluation methods, recommendations for surface drainage treatment or
BMP alternative~ in each of ~e drainage ar~as, and a brief discussion on
the next series of steps necessary to install or construct thc BM.Ps.
Ta~k: E. By the end of Phase I, Segment I (lst year), C1WY will submit a draft
master surf~e water management plan
Product: A draft plan doeament that contains surface water
management goals and objectives (e.g., LOS for' flood protection, water
quality objectives or load reduction targets), major plan elements to
achieve th~ objcctive~ and goals (BMP concepts for stormwater
management {n each of the major drainage areas, land acquisition needs,
sl:~cLfic responsibilities of CITY and DISTRICT, etc.), an estimated
sctmdule and cost~ for completion of the major elements of the p/an as
well as the steps that remain to b~ completed toward full development of
those major plan elements through Phase II (e.g., information compilation/
analysis, momtoring, modeling efforts, evaluation of BMPs). A
preliminary budget broken down to the vaxious plan elements should ',dso
be included, along with a description of probable funding sources or
financing strategy (e.g., utility).
Objective 5. Stonecrop basin drainage treatment facility construction, 1st stage.
Task F. by the end of Phase I, Segment I (lst year), CITY will have completed
the initial stage of the Stone. crop facility construction.
Product: Construction of initial stage of the Stonecrop b~in facility
that may include the inlet dissipators, inlet pool, and the clearing and
grading of the wetland treatment area. A brief report with photographs
that describes the project and provides evidence of completion.
Page 17 of 20
~O0'ON 90:0~ 96,~£ AS~ :~!
Conwact ~96W25T
CONTRACT SCHEDULE --~PHASE L SEGMENT L FIRST YEAR
[..Phas~ I,Yea£ 1 .... ][-Phaso I, Year 2-- ]...Phase II.
BMP pilot projects, etc.
1996 1997 1998
Qtrs: 3rd 4thl 1st 2nd 3rd 4thl 1st 2nd .......
Contract ntgodatlon~: March. May
Contract execution: May
Obl~tives and Tasks
Objective 1. Hydmlog/¢ and water quality monitoring program
TaskA. - ..... O~,--,-~ ,mA
Objective 2. Model Development
(3 quan, exly data
Task B.
Objectives 3 & 4.
Task C.
Ta~k D.
Task E.
-O ,--,--,---A (3 proigess reports,, copies of ay subcontracts)
Pollution load reduction targets and draft master plan
............... -- A prelim. ~ducaon targ,~
............ > preL~l, cval. o/'BMI~ (litoraturo mviow,
A recommendations for conceptual PiMPs
.a draft master plan (tarots, plan dements, scheduIe,
est. cosls)
Objective 5. Stonecrop basin drainage treatment facility
Task F. . &
Dctailed designs
,A l:~mits obtained, subcontractors hired
.... A construction of 1 st stage
l:'ag~ 18 of 20
61~'d qoo'oN ZO:01~ 96,1;£ A~N :aT ''~I'N'FI'~t'~'S
Contract #96W2~7
EXIqlRIT"B,'- DF_~..CRII~ION OF Tgl~. "STORMWATER PARK"
P~ROPOSED FOR .Ti-I~ CITY OF $,K~ASTJ~N
AND SOUTH PRONG. SE.fl.~TIAN RIWER
The "Sto~rnwater Park" is an important .element, but one of many, and all must work together in a
complem system to manage and treat thc quahty of surface wat~ drainage. The "Park" concept
was developed synergistically, beginning with input from the citizens of Sebastian, then from the
suggestions of many ~ources including the St. Johns River Water Management District and
SWIM Program.
Together, staff scientists and engineers from DISTRICT and Sebastian's consultant, Craven
Thompson & Associates, Inc. (CTA), are developing the details or' the "Park" concept in
conjunction with the many elements of Sebastian's master drainage management plan (e.g,,
Elkcam Wa~rway Dam, Collier Creek Outlet. Stoneerop Basin and Outlet, and other conveyance
structures). The location and size of the "Park" is ideal: >500 acres of undeveloped land,
centrally located in the City of Sebastian (Sebastian Highlands residential subdivision), and
surrounded by the major canal network (Figur~ A). it has' some drainage-diminished wetland
areas that can be restored and eahanced~ A large portion of Sebastian can be served by this
stormwat~r treatment facility; other areas of Sebastian, including the airport, industrial zone, and
the waterfront can be readily served with smaller treatment and storage facilities.
The preliminary concept for the "$tormwater Park" calls for four major use.s:
Retention: for treatment of stormwater by settling and biological action
Restoratian: of wetland areas, increasing the actual wetlands in the park site
Recreation: fishing, canoeing, environmental observation and learning
Recharge: returning aa much wamr to the aquifer as possible
The components ot' the "Park" now envisioned include:
-Berming the site to retain the runoff, pumping stations for runoff input
-A seri~ of treatment ponds leading the runoffto open water of perhaps 250 acre~
-Wetland and littoral areas with surrounding uplands
-Public access areas for walk/ng or cycling, with educational signage
-Public access for fishing (pier, bank, and/or boat)
This size of facility is ideal for the drainage basin; it is about 10% of the basin. With careful
design, it can a~ommodate the d~ired 1" retention, or about 550 acre-ft for treatment. In
addition, if so designed, the park can accommodate the 100-year storm event, or about 5,000
acm-lt. This would not only provide vital flood relief for Sebastian, but reduce the peak outflow
to thc South Prong by over 90% during a 72-hour event.
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For concmpm-al planning purposes, CTA estimates that the site development and pump station
costs will total some $4 million (excluding land acquisition costa). Although CTA sugg~ts that
Sebastian seek full a~sistance in the form of grants-in-aid, CrA projects 50% of these costs into
the capital improvcmcnm budget.
Pag~ 19 of 20
~O0'ON ZO:O~ 96,~£ AUN
EX.IT "C" · BUDGET
PHASE L SEGM]gNT I. lot YEAR
Con~ruc~ b~)6W257 .
TAS..K $ ...TASK DESTON ....
A ........... Hydrologic and Water
Quality Monitoring
B Mod~l Developmem
16,000
$ :25,000
o[$TRICr
$ 20,000~
$ 10,003:
TOTAL
$ 36,000
$ 35,000
C,D,£
Reduction Targets, BMP
Evaluation, Stormwater
Managenmnt Plan dcv¢lopmcnt
$ 155,000
10,000t
$165,000
F
Stone. crop basin desigm permits,
cons~uctioR.gf 1st sta~oe
$162.000~
TOTAL ........ : ..................................... ~
$187.000
Payment will be made from Account #10~3-6420-3 [03-DIST-31200.
Payment will be made from Account #I0-42-6420-3103-DIST-31200.
This amount will be parti',flly funded by an EPA 319(h) Grant.
Page 20 of 20
~'d SOO'ON 80:0i 96,I¢-- Al:IN :~I ''(l'M'l'q'a'_r"S
FIGURE A
EXHIBIT
~ESO~IOK ~.
WHEREAS, the City of Sebastian finds i= in Che pubZi¢ in=ersst
D~lic drayage and promoCe enviro~e~al protection; and
~E~, the Compr~ensivm Plan ad.ted by ~e city
Objective 4-2. ld and Policies 4-21d. 1 and 4-2.
~eficiencies in its sto~wat~r s~em; ~d
consulting engineers to co~ence Dreparation o~
~E~~, Uhe City needs technical and financial a~sistance
a ~er of volloy, develo~ and im~l~en~ a Dian
management system for the City ~at 9r~vide~ ade~a=e
~/ulatory rmqutremen=s.
12/19/95 ~0:31
TX/RX N0.0380 P.002
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f~cili~ies. The City of Sebastian r~q~es~s the assistance of
~=aDs necsssa~ to obtain ~e financial, =m~ica! an~
se~e as a s~o~wa~e~ ~e~an~ion basin. ~e City M~ager
moved for adoption by
12/19/9S
10:31 TX/tLY NO. 0380
~a¥or Ar~/%ur L. F£rtion
councilmember Norma J. Damp
Cou~cilmember Ray Halloran
Coun¢ilmember Louise R. Cart'wrig~
The ~ayor t~reu~on de~!ar~d t~is RemOLu=ion duly ~assed and
adoDted this ~ day of /~(,,~,':';, ~/~,'~ ....... , 1995.
A~Droved as =O Form and Content:
w~C!ifton ~. HcClelland, Jr.
12/19/95
L0:31 TX/RX NO. 0380 P.004
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(407) 984- ~700
F*.~ (407)
May 29, 1996
VIA FAX AND U.S. HAiL
Mr. Alan E. Weaver
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
Dear Mr. Weaver:
Thank you for your fax of May 28, 1996. This letter contains
the city of Sebastian's r~quested changes to the Ccs~ Share
Agreement Bet-~een The St. Johns River Water Management District and
the city of Sebastian for Development and Implementation of a
Municipal Surface Water Drainage management Plan, South Prong,
Sebas%ian River as follows:
Page I of 20 - Third WHEREAS paragraph should read as follows:
WHEREAS, the Indian River Lagoon is an estuary of nationa%
significance which has enjoyed one of ~he highest diversity of
species in North America; and
Page 3 - Article III, Paragraph C, third line should read as
follows:
funds and Governing Board and city approval.
Segment II of Phase
Page 9 - Article /XI should read as follows:
This AGREEMENT may be terminated for any reason by either
party upon thirty (30) days written notice to the other party
provided the city shall receive commensation for the work it has
performed under the Agreemen.~.. to the date of termination.
Page 12 - the first sentence should read as follows:
The project's primary purpose is to achieve pre-determined
reductions in freshwater discharges and annual loadings of total
'nitrogen (TN), total phosphorus (TP), and total suspended matter
(TSM) from CITY's municipal drainage system to 'the South Prong of
Sebastian River ~nd provide the CITY with a surface water drainage
and manacement system.
Page 19 - the first sentence should read as follows:
The "Stormwater Park" is a~..important element,...but one of manv. and
~11 must work tpqether,,,~ a c0~P. lete .system. to maaa~e aad treat the
~ualit~ of surface water, draina~ .The "Park" concept...
The Agreement will be presented to the Sebastian City Council
on June 5, 1996. The agenda is prepared Thursday, May 29, 1996.
In the event the District cannot incorporate the City's requested
changes, please notify me immediately.
Respectfully,
Clifton A. McClelland, Jr.
CAM/tab
John Williams, Esquire
Joel Steward
Tom Frame
Bob Massarelli
John Hill
City of Sebastian
1225 MAIN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Minor Modification )
Between the Agreement Between )
Valerie Fernandez Settles & The City )
of Sebastian )
)
Approval For Submittal By: )
City Manager ~z,~f a.fl.~
)
)
)
)
AGENDA NO
Dept. Origin: City Manager
'Date Submitted: 5/28/96
For Agenda Of: 6/05/96
Exhibits:
- IRS Guidelines For Independent
Contractor and Employee Status
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY
During the May 8, 1996 of the City Council, the Council approved Resolution R-96-32
which approved the legal services agreement with Va/erie Fernandez Settles as amended.
Section 4 of that agreement reads as follows:
In house presence at City Hall for meetings and consultations. The exact
number of hours and days you will be present at City Hall will be determined
by the City Manager. You have agreed to a minimum of one (1) full day per
week and up to two (2) full days per week, at the request of the City Manager.
It is agreed that this requirement is flexible and that it is anticipated that there
may be greater legal needs in one particular week, depending on the issues
faced by the City. You will work with the City Manager on the efficient
scheduling of your time at City Hall.
Due to complications associated with 1-RS Rules associated with contract services and
employees, etc., it is necessary to modify the term of the contract predicated on an earlier
position taken by the auditors in reviewing other contracts that the City has entered into. As
such, I am recommending the language be changed to read as follows:
Section 4. In house presence at City Hall for meetings and consultations.
The number of hours and days you will be present at City Hall will be
coordinated with the City Manager. It is agreed that this requirement is
flexible and that it is anticipated that there may be greater legal needs in
one particular week, depending on the issues faced by the City.
While this appears to greatly reduce the commitment that was within the previous language,
this office and the Councilmembers need to recall that either party can cancel the agreement
upon thirty (30) days notice in writing to the other party. Such being the case, if we do not
have the appropriate representation that is necessary and are unable to obtain it, then the
simple answer is to terminate the agreement. The second item that needs to be modified is
a paragraph that reads as follows:
The City will purchase the CD-ROM reference materials ($1,500.00) and a
lap top computer (not to exceed $2,500.00) at a Capital Expense to serve as
the base for its "City Attorney's Office."
Th/s brief paragraph should be deleted entirely since the equipment is to be owned by the
City. I would therefore recommend, that the paragraph be deleted.
tn discussing these issues with the staff and the Finance Department, I believe this should
preclude an audit comment relative to the legal agreement between the City of Sebastian and
Valefie Fernandez Settles. As a matter of clarity, it would be appropriate for the City Council
to indicate that it intends these amendments to be effective from the date of original
approval, which was May 8, 1996. Ms. Settles will have a revised version of the agreement
with all the appropriate changes and modifications as stipulated by the Council on May 8,
1996 and the changes as indicated within this transmittal.
RECOMMENDATION
Move to approve Resolution R-96-47, authorizing the Mayor to execute the amended
agreement originally approved May 8, 1996.
les~side online Bu!le=in
L.A. Professionals Online
An Analysis of IRS Guidelines for independent
Contractor and Employee Status
Provided by I<atz Cassidv
Background
Whether a worker can be paid as an outside contractor or must be paid as an employee is an issue of
signi~cant importance to many of us when hiring someone to perform a service. The costs to both parties
vary considerably depending on that determination.
IRS Classification Factors
The following list oflZS criteria establishes guidelines for determining employee versus outside
contractor status and should be used to help evaluate your particular cases. Review these guidelines in
terms of seeing where the majority of your answers falls.
INSTRUCTIONS
Employee - Required to comply with the employer's instructions as to when, where and how he or
she is ro work.
Independent Contractor - Has right to follow own instructions.
TRAINING
Employee - Required tOl be trained by an experienced employee to perfbrm the work in a
particular manner.
Independent Contractor - Does not require employer-provided training.
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INTEGRATION
Employee - Services are necessarily integrated into the business operations and the success or
continuation of a business depends significantly upon the performance of these services.
Independent Contractor - Integration of services is not personally.
SERVICES RENDERED PERSONALLY
Employee - Required to render services personally, implying the employer is interested in the
methods used to accomplish the work.
Independent Contractor - Not required to render the services personally.
5_ lqlRING, SUPERVISING AND PAYING ASSISTANTS
Employee - Hired, supervised and paid directly by the employer to perform services.
Independent Contractor - A worker who hires, supervises and pays his or her own assistants in
order to help accomplish the work, indicating that the worker is responsible only for attainin?~a
certain result.
6. CONTINUING RELATIONSiEIP
05/10/96 1~:i2:41
Wests%de Online Bulletin
ht~p://www.primenen.¢o...=e/bul!e=in/bu0001.huI
C ONTINIYING RELATIONSI:UP
Employee - Maintains a continuing relationship with the employer, which may include instances
where work is performed at recurring but irregular intervals.
Independent Contractor - A continuing relationship is not necessarily assumed to exist.
SET ItOURS OF WORK
Employee - Required to pe~brm services within set hours of work established by the employer.
Independent Contractor - Hours of work established by the worker.
9.
s. TIME REQUn~D
Employee - Usually expected to devote full time to the business, implying that the worker is
restricted from performing services for other businesses.
Inde endent Contraclor - Free to work when and for whom he or she chooses.
WORK PEILFORMED ON EM. PLOY'ER'S PREMISES
Employee - Performs the work on the employeffs premises, especially when-the work could be
performed somewhere else. The importance of this factor depends on the nature of the serv/ce
involved and the extent to which the employer requires that the worker perform the work on the
employer's premises.
, ~'~') lnd. ependent Contractor - Work is performed, for example, at the worker's office.
Oc.,.~gtO 10. ORDER OR SEQUENCE SET
-, ,,', c.,& Employee - Required to follow the routines and schedules established by the employer.
'~./.~' Independent Contractor - Free to follow own pattern of work.
11.
ORAL OR WlIlTI~N REPORTS
Employee - Required to submit regular reports to the employer.
Independent Contractor - Not necessarily required to submit regular reports.
12.
SC"B~D~ED PAYMENT
Employee - Receives payment by the hour, week or month.
Independent Contractor - receives payment by the job or on a straight commission.
1.3.
PAY3,1tlNT OF BUSiI~ESS AND/OR TRAVEL ~X2PENSES
Employee -- Business and/or travel expenses are ordinarily paid by the employer, indicating that
the employer retains the right to regulate and direct the worker's business activities.
Independent Contractor - Generally furnishes his or her won tools and materials.
14. FIJRNISttlNG OF TOOLS AND 34~TERIALS
Employee - Tools and materials needed to perform the work are provided by the employer.
~, Independent Contractor - Generally furnishes his or her own tools and materials.
15. SIGNIlqCANT ~S~NT
Employee - Lacks investment in the employer's facilities, indicating the worker's dependence on
the employer for such facilities in order to perform the work.
Independent Contractor - invests in facilities in order to perform the work, such as an office
rented at fair value from an unrelated party.
RE.kLIZATION OF PROFIT OR LOSS
05/10/96 16:12:
lestside
Online Bulletin
httD://www.primenet.co...ve/bu!letin/buOOOl.htm
Employee - Cannot directly realize a profit or suffer a loss as a result ofkis or her services.
Independent Contractor - Subject to, for example, a real risk of economic loss due to
investments, or liability expenses such as salary payments to unrelated employees.
17.
WORKI1NG FOR MORE Tilex[ O1NE BUSINESS AT A TIME
Employee - Pertbrms services for one person, or simultaneously for more than one person if such
persons are parr of the same service arrangement.
Independent Contractor - Performs services for a multiple of unrelated persons or businesses
simultaneously.
18.
M_AKIING SERVIC-~ AVAIJ~BLE TO GE~N~EltAL PUBLIC
Employee - Services are available to only one employer at a time.
Independent Contractor - Services are made available to the general public on a regular and
consistent basis.
19.
RIG~ TO FIRE
Employee - Employer has a right to discharge the worker and can exercise control on how the
worker performs the work through the threat of discharge.
Independent Contractor- Cannot be fired so long as he or she produces a result that meets
contractual spec/fications.
20.
RIGHT TO QUIT
Employee - Has the right to terrninare h/s or her relationship at any time without incurring
liability.
Independent Contractor - Can terminate services but only at the r/sk of, for example, financial
loss or breach of contract litigation.
Click here to go to the L.A. Professionals Online Homepage.
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05/!0/96 16:12:53
RESOLUTION NO. R-96-47
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R496-32;
AUTItORIT~ING TI-lIE MAYOR TO SIGN A_ND THE CITY CLERK TO
ATTEST, ON BEHALF OF THE CITY, THE AMENDED LETTER OF
AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF
SEBASTLMX[ AND VALERIE F. SETTLES; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT FFEREWITI:I; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Resolution No. R-96-32 approving a Letter
of Agreement for Legal Services with Valerie F. Settles as revised at the May 8, 1996
Regular Meeting; and
WIq-EREAS, since adoption of Resolution No. R-96-32, new information has been
received by City staff relative to IRS Guidelines for Independent Contractor and Employee
Status; and
WltEREAS, it is necessary to amend the Agreement to modify the term of the
contract in accordance with IRS roles and an earlier City auditor position on contracts; and
WltEREAS, it is also necessary to delete language from the Agreement relative to
the laptop computer and soft-ware since these items are to be owned by the City; and
NOW, TltEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AM~E~ED AGREEMENT EFFECTIVE DATE. it is the intention
of the City Council that the amended Letter of Agreement for Legal Services is effective on
the date of the orig/nal approval, which is May 8, 1996.
~ EXECUTION OF AGREEMENT.
Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to
attest, on behalf of the City of Sebastian, the amended Letter of Agreement for Legal
Services attached hereto as Exhibit "A".
Section 3. CONFLICT. All resolutions or parts of resolutions m conflict
herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this 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 said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately
upon final passage.
The Mayor of the City of
The foregoing
Resolution 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 IL Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councflmember Richard J. Taracka
The Mayor thereupon declared this Resolution duly passed and adopted this
,1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise 1L Camvright, Mayor
Katlu3m M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles, City Attorney
day of
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
SUBJECT: Bid Waiver for
Purchase of Trucks
from Dade County
Piggy Back Con~rac~ &
State Contracts
Approved for Submittal By:
Agenda No.
Dept. Origin
ENG/PW
Date Submitted 05-23-96
For Agenda of 06-05-96
Approved by PW Director ~/~
/~m~ ExhibiSs:
City ~anager ~J~w~ '- Su~ Sheet
)
EXPENDITURE
APPROPRIATION
REQUIRED: $77,939.00 BUDGETED: $75,000 REQUIRED:
$2,939.
SUM~_ARY STAT=~MENT
1)
The Department of Public Works wishes to purchase the
following vehicles which have been approved in the Fiscal 95-
96 budgeS:
/~ BUDGET .~MOUNT ACTUAL PURCHASE AMOUNT
A. 1/2 Ton Pick Up Truck
B. 3/4 Ton Pick Up Truck
C. Crew Cab Pick Up Truck
D. Flat Bed Dump Truck
Totals
$15,000 $14,240.
$15,000 $14,398 .
$18,000 $18,716.
$27,00Q ~
$75,000 S77,939.
O=ce ? of ? - Agenda Recuesz for Department o4 Public Works
'The funding for these vehicles was approved in Zhe Capital Outlay
Budget, Non-Deparzmenual 30 Equipmen5 funds. Although the usual
~e purchased by 2he Deparzmen5
aggregate cosu of lie four trucks ~o ~
o~ P~lb!ic Works exceeds 5he budgeued amount, the DePartment of
Public Works saved $~ 805 ~' ~' _l
==, ~n,= year when ~ purchased a
loader/bec!cboe via competitive bids. The $1!,805 savings more than
exceeds the additional cos~ of $2 939 ~ecu~ ~=~ to ccmplete!y fund
the four trucks.
Florida State Contract prices were obtained for three of the four
vehicles. A piggyback price was obtained for the Crew Cab Pick UD
since it was nor listed on the State Contract. Three other truck
dealers, Ail F!eet/Duva! Ford in Jacksonvi~=_, w~ Hein~zelman s
~_~ck ~=nu=~ in Or~=ndo, ~I, and Barrow Form were con5acted for
comDarazive urice crones, in all cases, the Florida State Connracn
and piggyback bid prices were !ess except for the F!50 1/2 ton Pick
Up. However, Bar~ow Ford's queue was for a non-conforming engine
smaller than %he one specified. Please r=~=~ ~o ~he attached
suaunary sheet.
Therefore, the pick up trucks are to be purchased under Florida
State Contract ~070-700-96-0! from Don Reid Ford in Maitland,
Florida.
The Ford Crew Cab Pick UD can be uurchased under the currenu
~_~gqy back publ~c ~_d for Dado County..
The Flat Bed Dump Truck can be purchased from Atlantic Ford Truck
Sales under Florida State Contract ~070-700-!00.
RECOMMENDED ACTION
Move ~o approve an addi~iona! $2. 939 for The purchase o~ ~our
~rucks ~or ~he Deparr~men~ of Public Works, Move to approve a bid
waiver to allow the purchase o~ ~hree vehicles ~rom a Star, e
Conzract ~rom Don Reid Ford in ~he amoun~ o~ $47,354, and
ourchase the P~50 Crew Cab ~rcm k:ian:ic Ford Truck Sales through
a piggy-back conurac~ wi~h Dado County in ~he amoun~ of $30,585.
concur wi~h~ r.h'-~s r=~commeadation
P~Ul ~agn~r~-. Purchasing Agent
Prepared bv Paul Wagner. City Purchasing Agent
I
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 388-8200 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
May 30, 1996
]ffonorable City Council of the City of Sebastian
Thomas W. Frame, City Manager ~ a,)-(~
SUB3ECT: Driveways on Easy Street
At the May 22, 1996 meeting of the City Council, during Councilmembers comments, the
question was raised as to asphalt driveways which had been constructed as part of the Easy
Street Bike Path Program. I indicated to the Council that [ would bring the matter back before
the Council at a regular meeting to get authorization to make the appropriate corrections to
three (3) driveways which originally had been concrete but were ripped out and replaced
with asphalt. Attached is a response that I had received from the Public Works Director in
response to a request that I had made in March concerning the Easy Street Bike Path. In light
of the fact that there was at best, sigmficant confusion involved between the property
owners, the contractor and Public Works, I think it would be appropriate for the City to
authorize the replacement of the asphalt driveways with new concrete driveways and cost
of those driveways being paid by any res/dual retainage or if additional dollars are needed
from the Non-Departmental Funds. It would be my intent to get a minimum of three (3)
quotes to accomplish the work and it would be appropriate to have the individual property
owners provide the City either with an appropriate temporary construction easement or
release while the work is being done on the private property. I would be very much
appreciative of the Council's approval to authorize the aforementioned work.
/jmt
Attachment
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32.958
TELEPHONE (407) 589-5330 g FAX (407) 589-5570
i E ORANDU
Da~e:
TO:
From:
Subject:
March 27, 1996
Thomas W. Frame, City Manager
Richard B. Vo:aDka,
Public Works Director
Easy Street Bike Path
This memo is in response to your memo of March 25, 1996 to me
concerning the status of the Easy Street Bike Path. The bikepath
was const~ucted by ~an American Engineering Company. After the
conclusion of its construction, % had Robert Skok and Ter~f ~ili,
Engineering Division staff, make a waik-t~rougA inspection on
November 20, !995 and prepare a puncb_!ist of items to be done. Pan
American Engineering Co. responded accordingly. I made a final
walk-through inspection with two Pan American Engineerinq
representatives on Dece.tqoer !2, !995, and as a result, issued a
punchlist on December'!3, 1995. P~n American Engineering Co. again
worked on the i~ems and informed me that they were completed.
Robert Skok and ! walked the entire bikepa~h again on February 23,
!996 and fonmnd 15 items not completed on the December 13th punch
list. In addition work performed by P~n America~l Engineering
Company created more problems as I identified in my February 23rd
memo. Therefore, ~ decided to inform the president of P~n American
Engineering Company :hat our Public Works Department would complete
the project and deduct whatever costs were incurred in correcting
the problems from the $2706.30 retainage held by the City.
My a~tached letter of March 22, 1996, briefly ex-plains :he
oroblems associated with restoring driveways at 322, 362, and 382
Easy Street. Restoration work ~ad to extend beyond the ri~h~-of-
way line in order to resolve :he elevation differential between the
new and previous driveway elevations. These three driveways were
Easy Street Bike Path Memo to
Thomas Frame, City Manager ~ 3/27/96
Page 2 of 2
raised to eliminate the quagmire on the bikepath that would have
resulted after every hea-~y~, rainfall event. Raising the driveways
was mutually beneficial to the residents as well as the City.
Paving the driveway with asphalt, as I later learned, was not. in
the future, should the same ty?e of situation occur, the resident
will have to sign a consent agreement with the City wherein the
work to be done is specified.
The "Easy Street" Bikepath failed to live up to its name,
making it one of the most difficult projects to bring to a
conclusion since I became the Director of Public Works. Until our
Public Works swale crews can perform all of the punch!ist items,
the project will not be completed and the residents will not be
satisfied. Therefore, I am scheduling the work ~o be done soon.
easybike
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: 4th ofJuly 5-KRun/Walk
Request to Close Indian River Drive
)
)
)
)
Approval For Submittal By: )
)
)
)
)
)
)
AGENDA NO
Dept. Origin: City Manager
Date Submitted: 5/28/96
For Agenda Of: 6/05/96
Exhibits: -Letter dated May 22, 1996
Sebastian River Area Chamber of
Commerce
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
Attached please find a letter dated May 22, 1996 from Virgima King, Executive Director of the
Sebastian River Area Chamber of Commerce. This year the Chamber of Commerce will be
sponsoring a 5-K Run/Walk as the kick-off activity for the City's 4th of July Celebration The
Run/Walk will begin at 7:00 a.m. The request is to close off l_ndian River Drive from Riverview
Park to Davis Street beginning at 6:30 a.m. tmill 8:30 a.m., at which time the Parade is scheduled
to begin.
RECOMMENDATION
Authorize the closing of Indian River Drive, from Riverview Park to Davis Street between the
hours of 6:30 a.m.- 8:30 a.m. for the 4th of July Chamber of Commerce 5-K Run/Walk.
THF_
CHAM B OF COM M E., CE
May 22, 1996
Mr, Tom Frame, City Manager
City of Sebastian
1225 Main Street
Sebastian FL 32958
Dear Mr. Frame:
Fie: 4th of July - Chamber of Commerce 5-K Run/Walk
Some months ago, I wrote to the City to confirm the Chamber's intent to again sponsor a 5-K Run/Walk as
the kick-off activity for the community wide 4th of July celebration. Mr. Koford responded that since the
Lions were chairing the event this year, he felt they should approve our intent. I responded to that in
writing, but also spoke with the Lions and they agreed that the Chamber could proceed with the
Run/Walk.
Since there has been no further written correspondence between our offices, and since the 4th is
approaching, I thougt~ it would be good to confirm with you that we are, indeed, again sponsoring the 5-K
Run/Walk along Indian River Drive prior to the parade.
This year, for the first time, the Run/VValk will be sanctioned by the USA Track & Reid, Ftorida Associationl
We are pleased about this and hope this new designation will help us increase participation in the future.
As in the past, the street will need to be blocked off in time for the event, which starts at 7:00 AM. We
anticipate that ail runners and walkers will be beyond the turn at Davis Street pdor to the kick-off of the
parade az 8:30 AM, which we understand is Deing planned to start at the Community Center tills year;
therefore, our participants will either be finished entirely (runners and most walkers), or will be well ahead
of the parade (some slower and/or younger/older walkers), and will pass our finish line before the parade
gets to that part of the route. We will, as usual, t~ave water stations along the rou~e, as well as (Xher
volunteers who will be available to assist any participants who require help. Our committee and volunteers
will be in the i~qrk, at the pavilion, from approximately 5:30 AM, and will be utilizing the 0avilion until
approximately 10:00 AM.
If there is anything further the City needs from us, please let me know.
Th~nks for your assistance.
Virginia King
Executive Director
!302 U.S, #I · SE~=ASTIAN. FLORIDA 32958
PHONE ~407! 589-5959
City of Sebastian
1225 MAiN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Request to use Riverciew )
Park on July 6, 1996 From 3 p.m. - )
9 p.m. - For the Celebration Associated)
With the Olympic Torch Relay Passing)
Through the City of Sebastian & )
Indian River County )
)
Approval For Submittal By: )
City Manager ~/~¢.~ .~'~
AGENDA NO
Dept. Origin: City Manager
Date Submitted: 5/28/96
For Agenda Of: 6/05/96
Exhibits: -Letter dated May 21, 1996
From Mary. Beth Herzog and Letter Dated
5/28/96 Gussie Swift
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
Attached please find a couple of letters received from organizers of the Olympic Torch
Committee associated with the passage of the Olympic Torch through Indian River County and
the City of Sebastian. The request by the committee members is for the City to provide Riverv/ew
Park for the mini celebration, to be held on July 6, 1996, from 3:00 p.m. - 9:00 p.m. Additionally,
they are requesting the City to waive electrical and other fees in the park during the afternoon and
the evemng of July 6th. A request has also been received to close Harrison Street, from U.S. #1
to Indian River Drive, and Fellsmere Road from U.S. #1 to Indian River Drive, from midmght
until 9:00 p.m., on July 6th. Other streets may be required to be closed to comply with directives
from the FBI but until that occurs in later June, there is no certainty as to other slxeets.
THF_
May 28, 1996
Mr. Thomas Frame
City Manager
City of Sebastian
1225 Main Street
Sebastian FL 32958
Dear Mr. Frame:
July 6, 1996, is the day Indian River County will celebrate the Olympic Torch Relay
being carried from county line to county line by local Torch Bearers. SEBASTIAN'S
RIVERVIEW PARK WILL BE THE ONLY DESIGNATED STOP in Indian River County,
for the torch and entourage accompanying the Olympic Flame, on its way to Atlanta!
A group of local citizens have planned a mini celebration in Sebastian. The time
frame of the actual set up and tear down will be July 6, 1996, 3:00 PM through 9:00 PM
at RIVERVIEW PARK.
I am the local Community Site Coordinator, North Indian River County. On behalf of
our OLYMPIC TORCH RELAY COMMI'I-FEE, I would like to request permission for the
sole use of Riverview Park at the above time and date. (This is pursuant to Virginia
King's telephone reservation to the city a couple of months ago.)
Previously a letter was sent by John Malek requesting the 4th of July stage remain in
place until after this event is over. Also, a letter dated 5/21/96 to you requested waiver
for electrical and/or other fees at the park during the afternoon and evening of July 6,
1996, and that park grounds and restroom facilities be restored to their usual state of
cleanliness and order following the 4th of July celebration. We appreciate your help
and cooperation. If I can be of any further assistance, please call me at my office,
388-3194.
Sincerely,
Gussie Swift
;302 U,S, ,.¢ ~ ~, SEBASTIAN. FLORIDA ,3295a
, CHONE (~07} '5~9-=959
Page 2
To: Mr. Tom Frame, City Manager
Re: Olympic Torch Relay 7/6/96
P.S. As you know, certain streets will have to be closed to accommodate the passage
of the torch and entourage; however, the exact closings cannot be confirmed until after
the FBI gives the local group the details in late June. In the meantime, for your
planning purposes, we will need to have Harrison Street, from US 1 to Indian River
Drive, and Fellsmere Road, from US 1 to Indian River Drive, closed from midnight of
the 5th until 9:00 PM on tl~e 6th, for the purposes of activities associated with the mini
celebration in the Park. Harris Sanitation will be installing a Crowd-Pleaser Rest Room
facility along the parking spaces on Harrison for the use of the torch bearers and
entourage. We believe they will be doing this on Friday the 5th, but the exact date of
the installation will have to be confirmed later.
gs
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Handicapped Self-Evaluation ]
Committee Board Reappointments ]
]
]
]
]
]
APPROVED FOR SUBMITTAL BY: ]
]
AGENDA NO. ¢~'//?
Dept. Origin · Human Resources
Date Submitted: May 29, 1996
For Agenda Of : June 5, 1996
]
City Manager: ~ ~)r~,~ Exhibits: Applications of Edra Young,
George Schum & John Kanfoush
E
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY STATEMENT
Members Edra Young, George Schum and John Kanfoush are regular members
on the Handicapped Self-Evaluation Committee and their terms expire in June,
1996. All three are eligible for reappointment and have submitted applications.
This was advertised as required and no other applications were received.
RECOMMENDED ACTION
Move to reappoint Edra Young, George Schum and John Kanfoush to regular
member three year terms on the Handicapped Self-Evaluation Committee with
terms to expire in June, 1999.
~E' Edra S. Young
1151Clearmong Street, Sebastian, Fl. 32958-5~a2
~07 5a9
Same
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since 1983
this board
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! know From experience, that only an a~t_v., person,
can kr_cw the fee!in~s experzencea, waen Fou rdn 'ln-"to vhese' man marne
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.
i understand that the C!t~,/ Council cf ~he C!~ of SEBASTIAN may
sus.uend ~= r~mov~ frum office
ma!f~asanc~, masf~as~ce, meg!ec~d duff,
Lncompe~snce, or pe~en~ inao~!l~ to ~er~o~ his officio!
duties_ Fu~her, Z ~ders~d Z~a~ ~he ,_l~- Cc~c!! ma? suspend
Name cf Na~a=-f
Ccmm!sslcn No.
rm\,applica~icn
City of Sebastian
1225 MAIN STREET '-' SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT: RESOLUTION R-96-43 ) Agenda Number:~/~ /O ~/~'*~'~/
REGARDING TEE ESTABLISHMENT OF A )
T~EME, OF AN "OLD FLORIDA FISEING) Dept. Origin: Community... Development,~.
vi , E/FoR CITY'S
RIUERFRONT )
) Data Submitted:
)
Approval for Submittal By: ) For Agenda Of:
)
City Manager ~~. ~Exhibits ' )
)
)
O6/Q,~,/96 ,
Resolution R-96-43
E~PEND ITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of June 3, 1996 the Riverfront Committe made a
recommendation that the City Council approve the establikment of a
theme, of an "old Florida fishing village", for the city's riverfront.
Resolution R-96-43 adopts that theme.
RECOMMENDED ACTION
Move to approve Resolution R-96-43.
RESOLUTION NO. R-96-43
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, TO ADOPT THE T~EME, OF
AN "OLD FLORIDA FISHING VILLAGE", FOR T~E
RIVERFRONT AREA OF T~E CITY, DIRECTING T~E
STAFF TO DEVELOP ORDINANCES, POLICIES AND/OR
PROCEDURES TO IMPLEMENT SAID THEME, PROVIDING
FOR SEVERABILiTY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
W~EREAS, The riverfront along the Indian River Lagoon of the
City of Sebastian is one of the City's most precious resources, and
WHEREAS, The City of Sebastian desires to encourage and foster
development that is compatible with the fragile nature of the
riverfront as well as the existing development, and
W~EREAS, The City of Sebastian, in 1990 established a
Riverfront Study Committee, and
WHEREAS, The Riverfront Study Committee in May 1991, issued a
report entitled "The Community's Vision For The Riverfront", and
W~EREAS, The City of Sebastian in 1995 established a
Riverfront Committee to further the work of the Riverfront Study
Committee, and
WHEREAS, The City Council has established the boundaries of
the riverfront area as that portion of the city east of the Florida
East Coast Railroad, and
W~EREAS, The Riverfront Committee has unanimously adopted the
theme of an "old Florida fishing village" for the riverfront area,
NOW, THEREFORE, BE IT RESOLVED BY T~E CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, the following:
/~~TION 1.L.~.. THEME. The City of Sebastian adopts the theme of
an "old Florida fishing village" for the riverfront area of the
City of Sebastian as described in the report from the Riverfront
Committee dated 6/3/96.
The following elements are to be included in the general
tescription of the theme:
1. tin or cedar shake shingle roofs
2. no flat roofs
3. clapboard siding (emphasis on wood)
4. use of covered porches encouraged
5. picket fences
6. Utilities and accessory items (air conditioning,
ansformers, satellite dishes etc.) are to be completely hidden.
7. pastel colors
S~ION 2. IMPLEMENT THEME. The City Council directs the
staff to begin the preparation of ordinances, policies and/or
procedures to implement this theme through design, landscape and
sign standards. Said ordinances, policies and/or procedures shall
be submitted to the Riverfront Committee for public hearings,
review and recommendations to the Local Planning Agency and the
Cicity Council.
SECTION 3. COMPLY WITH THEME. The City Council directs that
all city projects within the riverfront area shall be consistent
with the "old Florida fishing village" theme.
SECTION 4. CONFLICT. All Resolutions or parts of Resolutions
in conflict herewith are repealed.
SECTION 5. SEVERABILITY. If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution
Councilmember
Councilmember
vote, the vote was as follows:
was
moved for adoption by
The motion was seconded by
and, upon being put into a
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1996
CITY OF SEBASTIAN
By:
Louise R. Cartwright
ATTEST:
Kathryn M. O'Hall°ra~, CMA/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerle Settles, City'Attorney
4
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
SUBJECT: FIRST READING OF ORDINANCE) Agenda Number:
0-96-12 LAND USE AMENDMENT FOR
SKILLMAN PROPERTY FROM CL TO MDR
Approved For Submittal By:
City Manager . hibits:
~/~ ) 1. Ordinance 0-96-12
)
)
)
)
)
) Dept. Origin: Community Development
) (RM)
) Date Submitted: 5/29/96
)
) For Agenda Of: 6/05/96
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
An application has been submitted by Roger Skillman regarding his property
located south of main streetf east of J & W Subdivision and 100 feet west
of the U. S. Post Office Property and consisting of 5.6 acres more or
less. Mr. Skillman has requested a land use change from CL (Commercial
Limited) to MDR (Medium Density Residential).
RECOMMENDED ACTION
Move to accept first reading of Ordinance 0-96-12. Schedule quasi-
judicial hearing and second reading of Ordinance 0-96-12 for June 26,
1996.
ORDINANCE NO. O-96-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVENG A SMALL SCALE AMENDMENT
TO THE COMPREHENSIVE PLAN WHICE[ AMENDS ~ FUTURE
LAND USE MAP FROM CL (COMMERCIAL LIMITED) TO MDR
(MEDIUM DENSITY RESIDENTIAL) FOR LAND CONSISTING OF
5.6 ACRES, MORE OR LESS, LOCATED SOU'I~ OF MAIN STREET,
EAST OF J & W SUBDIVISION AND 100 FEET WEST OF TEEE U.S.
POST OFFICE PROPERTY; FINDING THAT TH~
COMPREFFENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL
SCALE AMENDMENT UNDER FLORIDA STATUTES SECTION
163.3187 (1) (C); PROVIDENG FOR COPIES OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
I REQUIRED BY FLORIDA STATUTES SECTION 163.3184 (7);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
i ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WltEREAS, the City Council has considered the application of Roger Skillman for
a small scale amendment, to change the land use for certain property, as reflected on the
Future Land Use Map from CL (Commercial Limited) to MDR (Medium Density
Residential); and
WHEREAS, the application qualifies as a small scale amendment under Florida
Statutes Section 163.3187 (1) (c); and
WHEREAS, the City Council has considered the criteria identified in Section 20A-
l 1.8(c) of the Land Development Code and Florida Statutes Section 163.3187(1)(c) together
w/th the findings and recommendations of its staff and the Planning and Zoning Commission;
i and
WltEREAS, the City Council has provided notice of the proposed small scale Plan
Amendment and has conducted a final public hearing to receive citizen input; and
WltEREAS, the City Council has considered the application provisions of the
existing Comprehensive Land Use Plan together with the recommended findings of its staff;
and
WltEREAS, the City Council has determined that the proposed changes ia the City's
Comprehensive Land Use Plan, as set forth ia the small scale amendment application, are
consistent with the existing comprehensive plan and the furore development goals of the City
of Sebastian.
NOW, TItEREFORE, BE IT ORDAIIgED BY THE CITY COUNCIL OF TIlE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~. QUALIFICATION AS SMALL SCALE AM]gNDMENT. The
application for a Comprehensive Plan amendment filed by Roger Skillman qualifies as a
small scale amendment under Florida Statute Section 163.3187 (1) (c).
Section 2. AFFECTED PROPERTY. The small scale amendment to the
Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the
following described real property, now lying and being within the incorporated area of the
City of Sebastian, Indian River County, Florida:
All of Blocks 1 and 2, Sebastian Gardens Subdivison, as recorded in Plat Book
5, Page 58, Public Records of Indian River County, Florida.
~. DESIGNATION. The Comprehensive Plan Future Land Use Map
(1-1) shall be amended from CL (Commercial Limited) to MDR (Medium Density
Residential) for the affected property as described in Section 2.
~. NOTIFICATION. Within ten (10) working days after adoption of the
Plan Amendment, the City shall transmit five (5) copies of the Plan Amendments to the
Department of Community Affairs as provided in Florida Statutes Section 163.3184 (7). 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.
~. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 6. SEVERABILITY. In the event a court o£ competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid of 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 unconstifional provision, it shall
further be assumed that the City Council would have enacted the remainder of this Ordinance
without said invalid or unconstitutional provision, thereby causing said remainder to remain
in full force and effect.
~. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its adoption and authentication by the signatures of the presiding officer and the Clerk
of the City Council.
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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 Lomse R. Cartwright
Vice-Mayor Walter W. Barnes
Cotmcilmember Norma J. Damp
Councilmember Raymond Halloran
Cotmcilmember R/chard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of
, 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Louise R. Cartwfight, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Se )
Approved as to Form and Content:
Valerie Settles
City Attorney
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