HomeMy WebLinkAbout01051994 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
I AGENDA
i SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
I WEDNESDAY, JANUARY 5, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 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-93-19)
Introduction of New Business from the Public shall not be allowed at City Council
Workshops (R-93-19).
1. CALL TO ORDER
94.001
94.002
1-2
2. PLEDGE OF ALLEGIANCE
3. 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
(Resolution No. R-93-19).
5. PROCLAMATIONS/ANNOUNCEMENTS
Presentation of Plaques to Employees of the
1st, 2nd, 3rd and 4th Quarter of 1993 and
Employee of the Year 1993
Letter of Commendation to Chief Earle Petty
93.186
PAGES
3-20
94.003
PAGES
21-50
94.004
PAGES
51-58
94.005
PAGES
59-66
94.006
PAGES
67-76
93.312
PAGES
77-86
6. CONS,~NT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
gITY ATTORNEY MATTERS
CITY MANAGER MATTERS
WORKSHOP ~TEM~
As
Review Revised O-93-16 Code Enforcement Board
(Director of Community Development Transmittal
dated 12/7/93, O-93-16, Torpy Letter dated
11/23/93)
1993 Occupational License Tax Amendments -
Establish Equity Study Commission (City
Clerk/Acting City Manager Transmittal dated
12/13/94, Understanding and Implementing the 1993
Occupational License Tax Reform Bill)
C$
Riverview Park - Bank Stabilization (City
Engineer Transmittal dated 12/9/93, 2 Proposals)
Direct Staff to Draft Resolution Adopting
Interlocal Agreement Among Indian River County,
Its Municipalities and School Board to Form
"Council of Public Local Officials" (City Clerk
Transmittal dated 12/17/93, Commissioner Bird
Letter dated 12/8/93, Interlocal Agreement,
County Resolution No. 93-213, FS 163.02)
Set Public Hearing for John T. Gideon - Special
Use Permit - Pet Cremation Business in C-512
Zoning (Director of Community Development
Transmittal dated 12/13/93, Application)
Construction Board Recommendation - Reappoint
John Laman to Construction Board to Additional
Three Year Term to Expire September 1996
(Director of Community Development Transmittal
dated 12/15/93, Two Applications)
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94.007
PAGES
87-102
94.008
PAGES
103-116
10.
FDOT Highway Beautification Grant and Maintenance
Memorandum of Agreement - U.S. Median Irrigation
and Plant Material - Direct Attorney to Draft
Resolution (City Engineer Transmittal dated
12/10/93, Memo dated 12/22/93 from Frese, Nash &
Torpy, Highway Beautification Grant & Maintenance
Memorandum of Agreement, Resolution No. R-91-23)
City Council Agenda Item Pending List (City Clerk
Transmittal dated 12/21/94, List)
MAYOR AND CITY COUNCIL MATTERS
A. Vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
C. Mrs. Norma Damp
D. Mr. Robert Freeland
E. Mayor Lonnie R. Powell
11. 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 ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
December 22, 1993
Chief Earle Petty
Police Department
1225 Main Street
Sebastian, FL 32978
Dear Earle,
I It isn often t~at the Mayor of the City of Sebastian is asked to
speak ~% or wr~te a letter to the City Manager concerning a
Department Head's performance. . Ail to often. I and the other
I members of the City Council hearing the "negative" aspects of an
employee's performance or of a Department not functioning as well
as the taxpayers think it should.
I However today I, along with the other members of the City Council
and the interim City Manager, are pleased to publicly commend you
for your recent actions concerning the arrest of a convicted
I murderer on December 11, 1993. ~ou and staff in
your
participated
a joint task force that coordinated the efforts leading up to the
convicted murderers arrest. Despite the fact that you could have
I sat back as an administrator and let others "do the hands on work,"
you choose to actively participate and assist in the apprehension
and arrest of a dangerous felon. The residents of the City of
i Sebastian can rest better, knowing that you are an active
participant at the helm of the Sebastian Police Department.
Again, on behalf of the City Council, the interim City Manager and
I the residents of Sebastian, i thank you personally, and your staff,
for carrying out this difficult assignment.
Sincerely,
CC:
Council Members
City Manager
Personnel
Lonnie R. Powell, Mayor
City of Sebastian
City of Sebastian
1225 Main S~ree~- [3 SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT:
REVIEW ORDINANCE 0-93-16
REGARDING CODE ENFORCEMENT
Approval For Submittal By:
City Manager
32958
Agenda Number:
Dept. Origin: Community Development
(sc
Date Submitted: ~2/07/93
)
) For Agenda Of:
)
) Exhibits:
) 1.
) 2.
)
)
O1 LO 5/9 4
Ordinance O-93-16
Letter dated 11/23/93 from Richard
Torpy
EXPENDITURE
REQUIRED-.
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY .~TSTEMENT
At a special meeting of the City Council with the Code Enforcement Board of
the City of Sebastian, the Assistant City Attorney, Richard Torpy, advised
the City Council at that ti~e that he would forward an amendment to the
existing ordinance regarding the Code Enforcement Board and its procedures.
Mr. Torpy has also reviewed the comments of Mr. Herbert Sturm regarding this
proposed ordinance and has determined no changes were needed except Section
2-183 regarding what constitutes a quorum for this board.
RECOMMENDED....~CTION
Move to set Ordinance O-93-16 for first reading on January 12, 1994 and~e~
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ORDINANCE NO. 0-93-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER 2,
ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES,
PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian employs the use of a Code
Enforcement Board, pursuant to Chapter 162 of the Florida Statutes,
as a method of enforcing the City's Code of Ordinances and Land
Development Code; and
WHEREAS, Chapter 162 of the Florida Statutes has been
amended by the Florida Legislature, resulting in the need for the
City's ordinance, pertaining to the Code Enforcement Board, to be
amended in order to remain consistent with chapter 162; and
WHEREAS, the city Council of the City of Sebastian has
further determined that the current ordinance pertaining to the
Code Enforcement Board requires amendments in order to ensure that
the procedure for enforcing the City's Code of Ordinances and Land
Development Code is administered in accordance with principles of
due processii~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Secti0..n % - Chapter 2, Article VI, Division 2, o~ the Code
of Ordinances of the City of Sebastian is hereby amended in its
entirety to hereafter provide as follows:
"DIVISION 2. CODE ENFORCEMENT BOARD
Sec. 2-176. Created.
(a) There is hereby created and established the Sebastian ~ode
~nforcement Board. The ~oard is created and established pursuant
to the authority granted pursuant to the Local Government Code
Enforcement Boards Act, F.S. §S 162.01 through 162.13.
(b) Those provisions of the Local Government Code Enforcement
Boards Act, as set forth in F.S. §~ 162.01 through 162.13, which
are not inconsistent with this division, are hereby adopted as
ordinances of the ~ity.
(Code 1980, § 2-91)~
Sec. 2-177. Definitions.
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The following words, terms and phrases, when used in this
division, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Board means the Sebastian Code Enforcement Board.
Code inspector means those employees or other agents of the
- . ::::: ':~::::..:~.,:$ .~, ::~...:% :~:.~.%J
~iolations to the Board.
Code (s) means the Code of Ordinances and/or the Land
...... ,~.~'- . ~ ~ ~, ,,
Development Code of the . y.-,:.-. : · 3'' ...... ~
Repeat violation means a violation of a provision of a code by
a person whom the Code Enforcement Board has previously found to
have violated the same provision within five years prior to the
violation.
Violator means the person responsible for the code violation
which, in the appropriate circumstances, shall either be the
perpetrator of the violation or the owner of the real property upon
which the violation occurred.
(Code 1980, $ 2-92).
Cross reference-Definitions and rules of construction
State law ~ef&~~.~.~P.~`~:~.~.~.:~:~:~`:~:~:~:~.~:.~:~:.~.~.:~.~.~:~:~4 (1991).
Sec. 2-178. Jurisdiction.
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(b) The jurisdiction of the Bode '.~nforcement !Hoard shall not
be exclusive, but shall be coh:~urreht with any other Board,
commission, committee or administrative official charged with the
"('(~'~-'"~['9'~0, § 2-93)
Sec. 2-179. Membership; composition.
The Board shall be composed of seven re.g. ular membersf~.ii~
members sna~,,?.,,.~,~appozn~e~Dy ~ne :~z~y ~ouncz~ an~ ~ne ~oard shall
consist, ~~' .~ possible, of the f0-1~wing:
(1) One architect.
(2) One businessman.
(3) One engineer.
(4) One general contractor.
(5) One realtor.
(6) One subcontractor.
...............
(Code 19 0";"
State law reference-Similar provisions, F.S. § 162.05(2)
Sec. 2-1S0. Qualifications.
Each regular member appointed to the Board shall possess the
following minimum qualifications:
(1)
The architect and the engineer shall be registp, red under
the laws of ~ili;~i~iiii~i~ Florida regulating the practice
of architect~'"'~-'~'ineering or shall possess similar
qualifications under the laws of other states or shall
have actual experience deemed by the ~ity ~ouncil to be
equivalent to such registration.
The general contractor and the subcontractor shall
possess a valid certificate of competency and
occupational license, recognized and accepted under the
regular ing the bus iness of contracting and, where
required, state registration as a contractor, or shall
possess similar qualifications under the laws of other
states, or shall have actual experience deemed by the
i~ity ~ouncil to be equivalent to such certification.
(3) The realtor shall be licensed under the laws of
i~ Florida, licensing real estate brokers as
~oker or salesman, or shall possess similar
qualifications under the laws of other states or shall
have actual experience deemed by the ~ity ~.~ouncil to be
equivalent to such licensing.
(4) The businessman shall be actively engaged in any lawful
business within the i~ity! or shall be an officer or
employee of a business", entity holding .a current and valid
occupational license issued by the ~lty.
(5) Each member shall be a resident of the ~ity. If a me~b~
of the i~oard ceases to be a resident '~th~i~,
~'-~-'-~-:~...--..:: ' ':~:~i ........ ...-.-... ,~2.~. .~, · .%..~ ,~ ......
~ermlna~e automa%lcally
(Code 1980, § 2-94(b))
Sec. 2-181. Terms of offi=e.
(a) Of the regular members initially appointed to the Board:
(1) Two members shall be appointed for a term of one
year
(2) Three members shall be appointed for a term of two
years ~.
(3) Two members shall be appointed for a term of three
(b) After the initial appointments, all subsequent
appointments shall be made for terms of three years
(c) In no event shall any individual who has served as a
regular member of the ~oard for the greater of two consecutive
terms or six consecuti~:e years be reappointed to serve another
consecutive term as a regular member of the ~oard unless no other
~'~o f the ~oard, has filed an app 1 icat
~~i!i~i with~"'%he ~ity i~lerkii~l seeking appoih~'~~'--~'~''-~erve as a
(Code 1980, ~ 2-94(c);'"'0rd. No. 0-91-23, § 1, 9-25-91)
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Sec. 2-182. Vacancies and reappointments.
~ Any me~er may be reappointed to the ~oard ~n accordance
with ...... ~apter 162 of the Florida Statutes:~~ subject to the
limitations set forth in section 2-181. Appointments to fill any
vacancy ~~~ shall be for the remainder of the unexpired
te~ of off~ce. Purthe~ore, two months prior to the e~iration of
the term of any member, or .in the event of any vacancy, the ~ity
~lerk shall rovide the '~ha~rperson, the ~ity ~anager and the ~ity
~he ~oard, even if the incumbent board member intend to seek
reap~:~intment. Whenever a current or foyer board member is being
considered for appointment or reappointment to the ~oard, the ~ity
~ounc~l shall consider the number and nature of t~e memorand~ of
~'~onflict previously filed by such person pursuant to Florida
Statute ~1~2.3~43.
(Code 1980, ~ Z-94(d); Ord. No. O-91-23, ~2, 9-25-9~)
S~ate law ~efere~ce-similar provisions, F.S. ~ 162.05(3)(d),
Sec. 2-183. Quorum.
Four or more members of the Board shall constitute a quorum.
(Code 1980, § 2-96)
State law reference-similar provisions, F.$. ~ 162.05(4)
i Sec. 2-184. Compensation.
Members of the ~oard shall serve without compensation, but may
be reimbursed for .... ~uch travel, mileage expenses and. per diem
ex enses as may be authorized by the ~it~ ~ouncil and approved by
P ~ ~ · ..... ~ .......................... o~:+..:..~:,---: ~ ....... ~i~ ....... ~ ......... ~ ~
:::,;;: Y ::.:::.: ::.:i$~:::~i~i~i~i¥~;~:h:;:~::~:~::i~i!i!i:i;i~i:~:~I:~;~::;;~:~:~z~i:~::~:~:::i:i:i:!~:::f~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
(Cod~ ~980, § 2-97) .................. . ] ..........................
State law reference-similar provisions, F.S. § 162.05(4)
Sec. 2-185. Organization.
(a) The ~oard officers shall consist of a chair~~, vice-
chair~~ and:':~such other officers as the~oard shall deem necessary.
::::::::::::::::::::::::::::::::::::::::: ::::::;
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"(co~ ~9~0, ~ ~- ) - - -'-'--- F S 5 ~62 05(4)
State law reference-similar provl~luu~t · - ·
'~m~~ Rules an4 regulations ·
The ~oard may adopt such rules and regulation~ as are not
. . :::~::~ ', ovisions of Chapter 162 of:" t~ ~lorida
inconsistent with the pr..~...,..,.,..,
utes or this dlvls ,~.:.~.:.~ ......... ~:,~:,..,. ..... ~:::.,~.~....~.,~ .......... ~:.:~..: ...................... ,-.-, ...........................
Stat
(Code 1980, ~ 2-98)
State law referenoe-similar provisions, F.S. ~ 162.08 (1)
.
cl~rk, wh6~ shal~i'"'"'~'~rf°rm the functions assigned to the clerk a:~ set
forth in this division.
(Code 1980, ~ 2-99)
· ~,. -,..~' w~,-- ,,~,:,-~ ,.:.-,:::.-~
The ~itv ~ouncil shall, upon reco~endation of the ~oard.,
aoooi~t a ~'~em~e~ of ~he Florida .Bar, to represent and be counsel to
t~ :~oard and atte~'~ all meetings, The legal counsel shall be
compensated as provided by the ~ity '~ouncil.
(Code 1980, ~ 2-100)
State law refere~oe-Attorneys, F.S, ~ 162.05(5) ~~-
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~::~.,.:::~..~u:..~f City attorneF.
e !'i it ~".ttorney shall represent the ~ity and the code
focal hearings, anu snail na m s t i
including, but not limited to, the right to negotiate a plea with
an alleged violator and present that plea to the ~oard for
approval; to reco~end the disposition of a case to the ~:~ard; and
similar to the discretion" exercised
to decline to prosecute a case,
..
~riminal
(Cod~ 1980, 5 2-101)
~:~:~J~:'~ ~nforcemen~ procedures.
(a > :,,~:~::~ ............... ~:.~::::~:~:::..~;.~:::~::~f~;i~.~::~:~:~.~:~:~:~:~:~;~:~:::~.~:~:~::~
varim-s codes an~ lnltla=e ~n~u~=~ss~,,
...................................................
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(b) Except as provided in subsection (d) of this section, if
a violation of the codes is. found, the code inspector shall notify
the alleged violator and give him reasonable time to correct ~
violation. If 'i~ violation continues beyond the time ~pecif~:~
for correction,':""~':'~e code inspector shall notify the !~oard and
request a hearing. The ~oard,~through its clerical st&~f, shall
~o~hedule a hear...i~g and ~~ notice of such hearing shall be
~':':':'~,,'~~~ ......................... If the' .................................................................................................................................. vloIa~lon ls correcte~ antigen ~"~:';';:':~':':';';':';'~':'~recurs or
'~'~ ............. ~'2"'~:~'T~2:~ion is not corrected by the time specified 'for
correction by the code inspector, the case may be presented to the
~oard even if the violation has been corrected prior to the ~oard
:~earing, and the notice of hearing shall so state. ~'
i~.~ If the code inspector has reason to believe a violation
presents a serious threat to the public health, safety and welfare
or if the violation is irreparable or irreversible in nature, the
code inspector shall make a reasonable effort to notify the
violator and may immediately notify the i~oard and request a
hearing.
(Code ?~o, ~ ~-½0~) ~ ~
~ .... .~ . ..... ~ ................ ..... ~o, .... ~.:..: ............ ~ ................
Formal hearing on violations
(a) Upon request of the code inspector, or at such times as
may be necessary, the chair~~ of the ~oard may call a hearing.
A hearing may also be call~:::::~:~:~::~":~ritten ~tice signed by at least
three members of the-~,~°ard'
Such notice shall be ~~ to the alleged violator,
~i~i~ Each ~s~ before the ~oard shall be presented by. the ~ity
~t orney ~~~a~]~ ~%mbers of the administrative s'~aff
~ ne ~lty ir necessary.
~. The ~sa~ ~all hear the case~ on [he agg~da for that day
:' , ~..: ~ .q~ ~: .: ~. ~ ~:~. ' '.; ~: ~: ~ ~.", ~:. ',~ ',..~, 'v '~' ~-? ~ ~'~'--~...~:~ ~.-- -~, ,.,~-,:~-..., ,:.::
~ Each party to the hearing shall have the right to:
1. Call and examine witnesses;
2. Introduce ~~~}]~9 exhibits;
3. Cross-examine opposing witnesses;
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~ . ~ ... ~,:,:.,.,.~. ,-~:.~, ~......,.,,:.. ,,~::~,:- ,,:, :::::::::::::::::::::::::::::::::::::: .... :~:~::.~:~:~:~:~:~:~:~$~:~::~::¥ ~:.,:~:~:~' ... ~, .
the '~ity frO'~ th~:~~~~ circuit court.
(Cod~ ~9s'o, ~ 2-~o~'~')
Se~,..'~ A~inistrative fines; liens
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... ~5~ :::>.~ ~"-;m;% - ~ ' q- ~" '"::*:'-'~:. '"':'"~.., ""~':~{~
Th~ ~o~rd sh~ll h~ve ~he ~u~hor~
violators ~nd ~nesses ~o i~s he~r~n~s. The
the alleged violator may request that witnes~:~s and re~rds be
subpoenaed to any emergency or focal hea~ing~. Subpoenas shall be
served ,~ ':~ .... "-~~~:~. The chair~"~ of the ~oard shall
provide ~e ~ara c~~th sufficient signed and ~ank.,~ltn
subpoenas to:'~'~e provided to alleged violators and the ~lty ~ttorney
for the purpose of subpoenaing witnesses and records. ' The alleged
violator shall DaY to the ~ity a fee of $12.00 for eac~,~subpoena
served ~~~" '~ ' ~ ~'~" '~ :~~~~~~~~~'~¥~"~'~'" :~::":~ ~"' ~"
State law reference-F.S. 162.08(2) (3)
~i~O~i~3i~i~.~i~i~ Service of notice.
"~i ~"~ ~'~' ~' ~"~'~ ~ ~'~'~ ~'~:'~'~ '~":~ '~ ' ~"~ ~ "~ :~"~ '
~}~~~}~[~~~~~~}~~?.~~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~[~.....~:.:.:~. ,-:-:::.:,:-:?.-:~:~:.:..,~,~:
g~$~:~::~;~ Obstructing Inspector.
Whoever opposes, obstructs or r~s~sts a cod~ inspector in the
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sna±l De uilt ~'~' ............ , pon conviction,
................... ~.~.~.~ .~ ~f a misdemeanor of the sec .
~. CONFLICTS. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
~. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance,, may be changed to "Section,,, "Article,, or other
appropriate designations.
~. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
ordinance is invalid or unconstitutional, the remaining provisions
of this 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.
~. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member
Councilmember · The motion was seconded by
and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this ordinance duly ~assed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie R. Powell, Mayor
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ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
ordinance at 7:00 p.m. on the day of
, 1993, and
the following said public hearing this ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and content:
Charles Ian Nash, City Attorney
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Ft~SE. I~ASH & TORPY. P~
ATTO~%.WEYS AT LAw
November 23, 1993
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Code Enforcement Ordinance Review
Our File No. 882489.9533
930 $. I-~OR CrrY BLVD.
Surr~ 505
M,~usoum~. F~omD~, 3290~
(40~ 98~3300
F~ (40~ 951-3741
~Bo~ C~ IN T~ON
* ~ Cm~mD IN W~.
Dear Bruce:
I have reviewed Mr. Sturm's comments with regard to the Code
Enforcement Ordinance. I will address the issues as he raised
them, to the extent I believe they need to be addressed.
First, Mr. Sturm raises an issue with regard to the use of the term
"violator", rather than "alleged violator". I have used the term
"violator", rather than "alleged violator" because it is consistent
with the terminology of the Florida Statutes. I will be happy to
change this if Council desires. I do not believe, howe~er, that it
creates any substantive legal issues with regard to the sufficiency
of this ordinance.
Mr. Sturmalleges an inconsistency between Section 2-177~ regarding
the definition of Code Inspector, and Section 2-189 regarding the
city Attorney. There is no inconsistency due to the fact that
Section 2-177 is merely a definitional section. In fact, Section
2-189 states that the City Attorney represents the city and the
Code Inspector. Obviously, it is contemplated under the ordinance,
that the Code Inspector will provide testimony to the Board, and
the City Attorney will act as the prosecutor representing the city
and Code Inspector to the Board. I see no inconsistency in these
provisions.
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Mr. Bruce Cooper
Director of Community Development
City of Sebastian
Page -2-
Mr. Sturm next alleges an inconsistency between Sections 2-178(a)
and 2-178(b). There is no inconsistencies in these sections.
Section 2-178(a) explains that the Code Enforcement Board has
jurisdiction over all ordinances within the City of Sebastian,
including the Land Development Code, and the Code of Ordinances,
unless jurisdiction is specifically and exclusively retained by
another board, commission, committee, or administrative official.
In like fashion, Section 2-178(b) expresses the idea that the Code
Enforcement Board does not have exclusive jurisdiction over the
Code of Ordinances and the Land Development Code. Rather, other
commissions, committees or administrative officials may have
concurrent jurisdiction along with the Code Enforcement Board. In
fact, a proper reading of these two sections demonstrates a
consistent thought.
Mr. Sturm next contends that Section 2-179 should not contain
provisions to allow City Council to appoint up to two alternative
members. I disagree. This ordinance specifies the membership and
composition of the Code Enforcement Board. It gives the City.
Council some discretion with regard to that membership. Just
because the City Council has determined that the current board will
be seven members and two alternatives, it does not mean that a
subsequent City Council would not decide to eliminate the
alternative members. Therefore, I believe this language should
remain within this section in order to allow subsequent Council's
discretion over the size of the Code Enforcement Board.
With regard to Section 2-183, Mr. Sturm finds objectionable my
specific use of the language that members of the four Board shall
constitute a quorum. He prefers the statutory language of four or
more members of the board shall constitute a quorum. I have made
this revision, however, I do not believe it changes the substantive
meaning of the provision.
Finally, Mr. Sturm questions Section 2-185(b) wherein it requires
officers of the Board to be elected by a majority vo'~e of the
membership of the Board. Mr. Sturm's question involves why this
language does not merely require a majority vote of the membership
present at the meeting. This provision can certainly be changed,
at the discretion of Council. The intention of this provision is
to require that officers of the Board be elected by the entire
appointed membership, rather than by merely a quorum. I have
amended this language in order to allow the election to occur at
the first meeting of the Board each calendar year when all
appointed members are present.
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
Page -3-
Alternatively, we could amend the language to allow officers to be
elected by a quorum, rather than the entire appointed membership.
I will leave this issue to Council for discussion.
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I hope this letter adequately addresses the concerns raised. I am
submittin~ the proposed ordinance to you for final review and
adoption.
RET/lb
Enclosure
cc: Charles Ian Nash
Sincerely, I
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA FORM
SUBJECT:
1993 Occupational License
Tax Amendments
APPROVED FOR SUBMITTAL 'BY:
City Manager ~~/~,
Agenda No.
Dept. Origin City CLerk
Date Submitted 12/13/93
For Agenda Of
Exhibits:
* Understanding and
Implementing The
1993 Occupational
License Tax Reform Bill
EXPENDITURE
REQUIRED:
~O~T
B~G~ED:
APPROPRIATION
REQUIRED:
On Thursday, December 2, 1993 Linda Galley and I attended a
seminar in Orlando relating to the referenced item. Please see
attached information.
First and Foremost: an "Equity Study Committee" must be
established and regardless of the Committees findings if the City
fails to establish the Committee we will always remain under
"state control."
The Equity Study Committee is to be appointed by the local
government. It must be composed of representatives from the
Business. Community within the local government's jurisdiction.
RECOMMF_aNDED ACTION
Direct the Staff to draft a Resolution establishing an
Occupational License Equity Study Committee.
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Sponsors . '
Flodda Assocmtion of Occupational II i
. Ucensing Officials
Flonda I.n~.titute of Government at UCF II I
The Florida League of Cities l. '
:-'. _"~'.: '~-:' '~,~ :'.., ~' :'. ":,.';'~: :~.:'.:' :..':;.-" :::i!_:: .:-'~ :'~:''' ':. ', ;~.'..." ..:"-. ~"~ ::. ,' ':: ':. '. :"..~ ~.' .. ~: '.. ':'..':.-~::. :. "':':::'~Il:"' ~ '""'
'..... '. Understanding and Implementing --..:,,, :: :"- ...... --....' · ....'
'"' THE 1993 OCCUPATIONAL .~ I
Ic~.._N..SE TAX:.~ REFORM BILL.
.,~...-~.~.~..~,~.:~.~.~.~,,.~.~.,~,~ ~ , , ..: ~...~,.. . ~ ..... ~..~._~ ~.....: ,....~;.~,.~.~.~.,,.%~ .~ , · ~ ./.,.~,,~.~....~ ~ .
'"-' ~' :'-~" '.' ~':~".'~";~.;:~:~' i:'.'' ":.-"' :~ ' ~ :~:.~' · .:',-, ~ ~'...' '., r- ..: :~,~ :i:.~: ~-:.: ..,.., '..~.~ ~.:'~: ~ ~.: ............ · .....~ '. ", .....
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_. .:~::.~...~: .-::.~.'...~..'T~':?~~' -...::: ..:~:: ::.:...-:.:.~:.:.::..::::.~:. :~..
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1993 OCCUPATIONAL LICF. N$1~ TAX AMRNDM'RN'I~
CHAlq'ER 205 ~O~DA STA~
Presentation of th~ Amendments th~ ~dley Bill -- SB 3~
~OM
Jim ~rker
]une. 1993
This presentation was pmpar~l by' Jim l~rker, Tr~sur7 ~u~isor ind ~~g'O~d~ r~
the City of Orlando. ~odda on ~hnlf o~ the ~n~g Mem~ of ~e ~od~ ~taU~
of ~pntional Licensing O~cials.
BRIEF iIISTORY -- SB 364
From 1081 thro,gh 1992 Legislative Amendmedts to Chapter 205, 'Occupational License Tax
AcI". Flodd,.t Stalme were minimal r~lative to the issues that needed to be addressed. The
Amendmenls tha! passed the Legislature during this time added various t~gulatory constraint~
on the isn,nnce or Occupational Licenses but failed to address such Issues as: Tax P. qulty,
Deft,ilion/Intent or the Tax, Disparities Between Local Governments, Ability for Local
C;overnments to Adju.~t Tax Rates. Penalty Pro~,isions, Vending Company Concerns,
$~ec~al/Limited Economic Development Taxing Authority, Transfer Fee Pales, Permanent
Lx-,cntion Claritqcation, etc..
T'hi.n in not to Say that there were not amending proposals introduced in the Legislature that
addre.~.ned some ol' these i.nn,es because there were many such bills introduced. However, the
Legi.~lflmre did not pans any of' thes~ bills. Opposing lobby forces ~ete al~ays ~cce. s~ul at
killing them in committees, goth sides would base their arguments on the premise that the bill
in que.~tion did not address mnny of the major problems inherent in Chapter 205. As a result no
,;ignilqcant progre.,;.; was made toward correcting the many problems.
In 1990, after I0 yearn or 'Legislative Grid-Lack', the Legislature created the Florida SLa~ute
20.'; Study Commission and specifically tasked this Commission to develop amendittg provisions
for ret'orming Chapter 205 and to nnbmit these re:ommendattons to the Legislature for the 1991
session. The composition ot' the Commission was designed so as to include equal ~p~tatton
or all the opposing or interested factions that had ~voived over the previously stated time f'tame.
There were Seven representative positions for Local Government and Sevtnt for l~usin~s ~d
the ACeR was tasked ;,ith making it barques.
The Study Commission met on f'our separate.two day sessions bet~,,een September i 8, 1990 and
snnuary 15. 1991. The amendments to Chapter 205 that passed the 1993 Legislature ($ll 364),
alter failing tn reach "The Floor' in 1091 and 1992. are primarily the recommendations that
~ere developed by the Commi.nnion. They do not address all the areas of controversy that ~tst
in Chapter 205. For example. Definition of Occupational Licenses and Permanent Location ~,ete
no~ clarified. Rowever, the amendments do address a majority of the problems/concert~ of
Lacal Government and gu.nine.n.~.
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AMENDMENT PRF-~ENTATION
It is possible to present the amendments to Chapter 205 through v:~-ying approaches, for.
example, Minor Changes first and Major Changes second. However, this pre~tatio~ first .
addresses the amendments that are effective immediately thtpugh nO action by the local
government. Secondly, the presentation wiU address, in order by statute s~ctiotl flUtllber, the
amendments that: 1) Require action by the local government for implementation; 2) May be
discretionary as to Local Government implementation; or 3) The Local Government has a time-
frame to complete the implementation. It seemed appropriate to discus~l the immediate chllnge~
tint, although minor in comparison, because they are ah'eady impacting the daily operations of
license administration, issuance, processing or enfon:ement.
A~fENDiYIF_2WTS EFFECTIVE IMMI~DIATELY AND/OR 1993/94 LICENSING YEA.R:
Section 205.032 Levy; counties and Section 205.042 Levy; municipalities:
Amends the minimum number of days requh'ed to provide public notice between rust and
second readings from 15 days to 14 days.
Sect!on 20.5..033 Conditions for levy; Counties mhd Section 205.043 Conditions for levy;
I mumcipalit~es - Subsections (1) (c) respectively:
Clarify that the effectiveness of Occupational Licenses is for I year and that all
Occupational Licenses expire on September 30 of each year.
NOTE:
Important phrase appears at the end of these subsections - 'P..xcept az otherwise
provided by law.' This statement is usually interpreted as the authority for
partial year licenses, (1 day, 3 day, 6 months, etc.), provided such license time
limits are stated in the ordinance.
I Section 205.033
municipalities -
Conditions for levy; counties and Section 205.043 Conditions for levy;
Subsections (2) & (3) respectively:
Amends the transfer fee charges for license transfers of business owners or Ucense
transfers to new locations:
"Up to 10 percent of the annual license tax, but not less than $3 nor more than $25.
Section 205.033 Conditions for levy; counties - Sttbf~.tiOti ('/):
Subsection (T) is added to cla~-tt'y that a County may dedicated all or part of their portion -
of the Uccnse taxes they coUect for 'overseeing and implementing a c:o~p~hen~ive
economic development strategy through advertising, promotional activities, ~d other
sales and marketing techniques.'
Section 205.045 Transfer of administrative duties:
This entire section is added to state that a municipality may collect license taxes for the
county or a county may collect license taxes for a municipaUty provided that the parties
execute an appropriate inter local government agreement.
Section 205.053 Occupational Licenses; dates due and delinquent; penalties:
Subsection (1) is amended to change the date that licenses will go on sale for each year
from September i to August I. This change gives businesses ~[nd extra month to remit
payment without delinquent penalties being applied.
Subsection (3) is added to provide local governments with the authority and ability to
recover all or part of collection cost incurred by that government usociated with
collection efforts of delinquent license taxes in excess of 15Oday$ from the date of initial
invoice.
"(3) Any person who engages in any business, occupation, or profession covet-ed by
this chapter, who does not pay the required occupational Hcense tax within 1:50
days after the initial notice of the tax due, and who does not obtain the tequ~
occupational license is subject to civil actions and penalties, including court cost,
reasonable attorneys' fees, additional administrative costs incun'ed as a result of
collection efforts, and a penalty of up to $2~0."
Key words or phrases that lend to the interpretation of the intent of this section are 'is
subject to', 'including', and "and'. It was the intent of the FS 205 Study Commission
to give local governments an additional tool to help with timely collectiofts and tee. over
any additional collection cost and levy an .additional late penalty of up to 5250. In no
way does this section diminish your ability to pursue collection through other available
authorities, i.e. Code ffnfotcement Board, Court System, etc. nor does it effect your
ability to levy Code ~nfotcement Board Penalties.
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Section 205.0537 Vending and amusement machine:
Thc addition et' this section is an attempt to correct Hcensing problems that wet= implied
by various vending machine companies, i.e. tt~sf'erS, machine ch~ges, ~tc..
Primarily the section transfers the ultimate liability for paying the ~ and t, ectir~g the
required licenses to the business where the machine Is located. Previously, most local
governments placed this liability on the company that owned the ~lchin~. Floweret,
payment of the tax in this manner is not mandatory. The company that owns the
machine(s) may still option to pay the tax and secure the license(s).
The responsibility to notify the business location of the tax HabilJty a~sociated with
i vending machines located on the businesses' property falls on the vending machiite
company. Also, the vending machine companies, upon request, are required to furnish
the local government with a location listing tot every vending machine they have placed
within the requesting jurisdiction.
The section establishes or aclcnowledges 'Service Vending Machine" ~i.~ a ~teparate form
of vending machine and that the Telecommunication Lobbies were successful in getting
an occupational license ~ax exemption for coin operated telephones.
The license tax, if determined on a per machine rate, must be based on the. highest
number of machines that were placed at a location on any single day in the previous
licensing year. This is intended to eliminate fees and administration co~t associated with:
1) The transfer of machines from one location to another, 2~1 The addition of machines
during the current licensing year, and 3) The changing or swapping of' machines of the
same license classification. You may still requite an additional max if ~t cllange or swap
places a machine that is classified differently and the license tax for that class of machine
is higher than the machine it replaced.
AMENDMENTS EFFECTIVE 1994/95 OR 1995/96 LICENSING YEAR~- '
Section 205.0315 Ordinance adoption after October 1, 1995:
This section is added to clearly establish the authority of a local government to adopt an
occupational license ordinance if they did not have a license ordinance in effect as of
October 1, 1995. The section also establishes a basis that local governments must use
when developing the license tax and business classification Structures.
Section 205.033 Conditions for levy counties and Section 205.043 Conditions For levy
municipalities; - Subsections (1) (b) respectively:
The amending language added to these subsections is extremely important. It effectively
locks a local government under the current State imposed caps or free~s unless the local
government amends and/or adopts an occupational license ordinance pursuant to the
added Section of 205.0535 or Lt' applicable 205.0315. In fact, this provision is intended
to motivate local governments to amend their license ordinances. The alternatives a~e:
I) Amend your ordinance pursuant to 20:5.0535 which upon adoption establishes local
government authority over license classifications, Hcense taxes and future tax increases,
or
2) Do not amend your ordinance pursuant to these sections, thus remaining under State
control and the State imposed limitations, caps/freezes, and/or inequities that aze inherent
in Sections 205.033 (1) lb) or 205.043 (1) (b).
Section 205.033 Conditions for lesT; counties; -- Subsections (4} & (5):
These subsections provide the format for the distribution of OocUl?tion.al. License.TaX.es I
collected by counties. The amendments to these two sections a~e intended to nullity me
distribution formula contained in these sections provided that a county has complied with
the ordinance adoption requirements of 205.0535. The added Section 205.0536 contains I
language that alters this distribution.
It is expected that the counties that impose Occupational License Taxes will work I
towards adopting new license ordinances pursuant to 205.0535. The benefits to a county
in doing so are: I) The previously explained "Home Rule" control, 2) The county will
keep a larger sham of the taxes that they collect, and 3) The additional potential to I
narrow or close the tax disparity between counties & cities that exist under the current
system. I
Section 205.033 Conditions For le~y; counties; .. Subsection (6') (e):
This subsection of 205 establishes the authority for a county defined ut~det FS 12~.01 !
(I) and adjacent counties, (Dade, Browa,rd, Monroe &: CoUier), to levy ~ additionaJ
Occupational License Tax of up to $0 percent for the purpose of economic development.
Dur/ng thc sessions of the 205 Study Committee it became obvious that the business
representatives ~vanted this provision to go away. They were afraid that Utis authority
could easily be expanded to every county thus rapidly expanding the tax on business. Zn
fact, the Economic Development Commission was successful in getting various bills
introduced to the Legislature for 5 straight yea.rs that, if adopted, would have. expanded
this taxing authority.
The amending language of this section as agreed upon by the Study Commi~ion was a
key element in enabling the Commission to agree upon amending provisions that were
paramount for local government, such as, local government control over classifications
and tax schedules, removal of the tax freezes and loca/government control over increases
no~v and in the future, tax disparities between cities and counties, and tax equity att~ong
the various business classifications.
The 'importance for the business representatives to amend rids section so as to prevent
possible future expansion of this authority is evidence by what was ~iven up verses what.
was gained. The 'Give Ups" as agreed upon have no impact upon those counties that
have aJready implemented the authority contained in tltis section, (*Dade and gro~,atd),
they may continue to impose this author/ry. However, the amendment~ do impose a time
limit for enactment, (.Tanuary l, 1995), upon those counties that have not enacted rids
authority, (~onroe, Collier). These counties must either act upon this authority by
,Tanuary l, 1995 or lose the ability. The "Gains" ate as stated
government control over classifications and ~ schedules, 2) Remmra.! above: l) LocaJ
or' the tax freeze~
and locaJ government control over increases no~, and in the future, 3) A mechatd~m to
reduce the tax disparities bet~,een cities and counties, and 4) A mechanL~ to attempt to
accomplish some form of tax equity among the var/ous business cL'uaifications.
Section 205.0535 Reclassification and Rate Structure Re'risions:
~ provides the authority for locaJ governments to amend classification and
rate structures provided they do so ~vitkin the prescribed time frame.
'By October i. ! 995, any municipality or county may, by ordinance, reclassify
businesses, professions, and occupations and may establish ne~,, rate structures,
if the conditions specked in subsections (2) and (3) ate met."
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This section further indicates th~ power of the communication lobbies, l'u~t is hi the
vending machine amendments, they successfully got themselves ~t special exemption
provision. Basically, a local government may t~lUtre the licerlsiflg of only ot~ location -
for telephone service providers that are certifitd pursuant to FS 364.3375.
~ establishes the 'Equity Study Committee". This committee iS to he
appointed by the local government. It must be composed of representatives fwm the
business community within the local government's jurisdiction. The pu~x)se of the
committee is to develop a classification and rate structure for mcommen~ot~ to the
local government.
The local government does not have to adopt the recommendations of the F. quity Study
Commiuee. They must only provide for the transmittal and consideration of the
recommendations. In fact, after complying with these requirements and with perhaps a
few minor changes, a fecal government could adopt the same ordinance that they air,dy
have in place. Although acting in this manner may circumvent the 'Equity Intent"
concept, this type of action would ensure the loc~l governments "Home Rule' ability for
the future.
NOTE: When acting under the authority of this section, a municipality should
consider the impact that county enactment may have on their occupational
license revenues. If the county adopts an ordinance pursu~tnt to this
sectien, there is a strong possibility that the citieS within that county will
lose license revenues unless they act accordingly,
Subsection (3'~ (al establishes limits on Occupational License Tax Rate increases that a
local government may impose upen adoption of an ordinance pursuant to thi{ section.
These Limitations are as follows:
I. 'A minimum license tax of up to $25 is permitted.' This limit is intended
to help with disparity problems and to encounge local governments with very Iow
license rates to act under this section. There ate many local governments that if
they optioned to increase their license tax to the $25 minimum would effectively
increase license revenues by over 200 percent.
2. For those local governments that already have their rates above or equal
to the $25 minimum license tax authorized increases are: 'for licenses costing
$150 or less, 200 percent; for licenses costing mote than $150 but not more than
$500, 100 percent; for licenses costing more than $500 but not more than $2,500,
75 percent; for licenses costing more than $2,500 but not more than $10,000,
percent; and for licenses coating more than $10,000, 10 percent; however, in no
case may any license be increased more than
Subsection C]) Col establish the total license revenue limit that a local government Nay
generate as a result of enacting the authorized increases at 'the sum of the revenue base
and 10 percent of' that revenue base.' Subsections I. & 2. define the revenue base for
municipalities and counties respectively.
I. "The revenue base is the sum of the occupational license tax revenue
generated by ~ for the most recently completed local fiscal year or
the amount of revenue that would have been generated from the authorized
increases under s. 205.043(I)(b), whichever is greater, plus any revenue received
from the county under s. 20:5.033(4)."
2. 'The revenue base is the sum of the occupational license tax revenue
generated by I~ for the most recently completed local fiscal year or
the amount of revenue that would have been generated from the authorized
increases under s. 20:5.033(1)Co), whichever is greater, but may not include any
revenue distributed to municipalities under s. 20:5.033(4)."
In the attachments ! have included samples for calculating the revenue base for
municipalities and counties.
Subsection i'3) lc1 is the authority for a local government to exceed the I0 percent total
increase above the revenue base. This is possible because the revenue ba~ is relative to
the revenue collected based on the licenses issued. It is the intent of this section to
authorize the total revenue increase to exceed I0 percent of the revenue base. I-Iowever,
an increase above the ! 0 percent of the revenue bane must be as a result of incmued
licenses due to reclassification.
~ establishes a local governments authority to increase license taxes every
other year by up to :5 percent. This action requires a majority plus one vote of the local
governing body.
,~ prohibits a local government from issuance of an Occupa~onal License
without first acquiring the business's Federal ID or Social Security Number. This
amendment was added this year upon recluest by the Department of Revenue. It is
intended to make the transition for local governments to participate in the RISW. program
easier at some point in the future. It is expected that at some point in the near future the
Department of Revenue ~ local government participation in this program.
Section 205.0536 Distribution of County revenue~: '
This section changes the distribution of license tax revenues collected by th& county.
When a county adopts a license ordinance ~utsuant to 20:5.0:53:5 the pOttio~ Of license
taxes collected from businesses in the unincorporated areas will no longer be included
in determining the distribution of the county collected revenues. A county may enact this
provision as early as October 1, 1994. Muaiciit~11ties that d0 not act under s. 20:5.0:53:5
that are located within counties that do act under s. 20:5.0:53:5 may experience a decrease
in the license revenues received from the county. Additionally, if' a county adopts such
a license ordinance to be effective October I, 1994 and the municipalities within that
county do not, the revenue base ~,hich is the basis for determining the total allowable
license revenue increase ~vill be reduced. It is the intent of' this section to encourage
municipalities and counties to enact the provisions of' s. 20:~.0:53~ as quickly as possible
and in cooperation or: I) Lose the opportunity, 2) Lose license revenues, and 3) Lose
the potential to maximize future license revenues.
For the most part, this ends the presentation of the amendments to Chapter 20:5 Florida
Statutes. However, one more very important Section that is a part of the Law is Section
11. Section I I states 'Except as otherwise provided in this act, this act shall take effect
upon becoming law." The act was signed into law by the Governor on May 4, 1993.
10
OCCUPATIONAL LICENSES
FINANCE DEPARTMENT
CITY HALL
ONE CITY COMMONS
400 SOUTH ORANGE AVENUE, ~'~ FLOOR
ORLANDO, FLORIDA 32tOJ-3302
MEMORANDUM
To:
From:
Date:
G. Michael Miller, Director of Finance
Bruce C. Harter, Treasurer
'June 11, 1993
rI~EPHONE (4o7! 248.22o4
FAX 14071 24e-2707
ISubject:
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Requirements & Schedule - Implementation New Occupational License Law
As per your request, attached are Task Chaxts that indicate the various 'tasks that must be
accomplished and the relative completion dates in order for the City to fully comply and
implement the new Occupational License Tax Law at the earliest opportunity. Based upon the
CAO's response to our. memorandu, m of.. A. pfil 7, 1993, we initiated and implemented the
applicable necessary acuons to comply with the requirements of the new law that were effective
immediately. Additionally, we initiated the necessary actions, applicable to our authority, so
as to ensure the City's ability to adopt a new Occupational License ordinance effective October
I, 1994.
Upon your review, please note that the 'Equity $~dy Committee" referenced in the task list
must be appointed by the elected body, Secondly, our recommended composition of this
committee indicates maximum representation and is based upon the composition of the
Legislative Study Commission and those additional classifications that we expect .will be most
heavily effected. Thirdly, the appointment of the Equity Study Committee and the
implementation and completion of the task assigned to the committee within the indicated time
frames are critical to meeting an October 1, 1994 implementation date. Finally, the amending
provisions of the new law requiring the appointment of the F_.quity Study Commission are
probably of the greatest importance. It is through the enactment of these provisions that the
authority over the Occupational License Classification Structure and Fee Schedule is transferred
from the State to the Local Government.
c: Brenda Robinson
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OCCUPATIONAl- LICENSES
FINANC~ DEPARTMENT
May 26, 1993
CANTEEN OF FLORIDA INC
~55 SUNSHINE LA.
:kLTAMONTE SPRINGS, FL 32701
CITY HALL
ONE CTTY HOMMONa
400 SOUTH ORANGE AVENUE. 1" FLOOR
ORLANDO, FLORIDA $2tl01.3302
TELEPHONE 1407! 248-2204
FAX 14071 245-270?
,:~e: Occupational License Taxes - Vending and Amusement Machines
Sir/Madam:
:~ecently enacted Section 20:5.0537, Florida Statutes, 1993, (attached) now places the responsibility on each'business
~remises where coin-operated vending and amusement machines are located, for insuring that local occupational
icenses are secured if not otherwise done so by the vending company.
if you so desire we will invoice each separate business premises within the City of Orlando where your company has
rmchines located t'or payment of the license taxes. To implement this option you must, in accon:lance with the
,ttached statute, provide us with a listing showing the address, business name and number of machines for each
ocation where you have machines. Also, you must provide notice to each affected business premises where your
nachlnes are located that it is their responsibillty to pay the license taxes.
towever, if you wish to continue to pay the license taxes for all of your machines located in the City of Orlando,
will invoice you for payment and issue one license certificate with appropriate decals to be placed on each
aachine as is curt'eat policy.
~' you wish to continue the current procedure please complete the attached declaration of info~ination form indicating
~e highest number of machines located in the City of Orlando on any single day during fiscal year 1991/92 and
'.turn by June 30, 1993, along with a listing of all your vending locations. If you desire that we invoice each
.'parate location please forward the requested information by June 20, 1993 so that appropriate billing invoices can
e initiated.
~ank you for your cooperation in this matter.
incerely,
icense Supervisor
I
CITY HALL
OCCUPATIONAL LICENSES ONE C~Y COMMON~
FINANCE DEPARTME~ 400 SO~H O~NGE AV~U~ 1" FLOOR
OR~O, ~ORIDA
TELEPHONE (407) 248-2204
FAX (407) 24S-2707
MEMORANDUM
I TO: Steven J. Zucker, Assistant City Attorney ~f/~ . .~_~~~
From: J;hn H. Weeks. Code Inspector Supervis
i Date: lunc 9, 1993
Sub j:
Occupational Lkense Tax Penalties
Section 205.053(3), Florida Statutes, 1993, (attached), provides leverage for local governments
to recoup certain fees and costs asaociated with collection efforts to obtain compliance from
those persons who e~gage in busineas without paying the required occupatioflal llcensea taxes
within egablished time frames. It also authorizes an additional penalty of up to $250.00.
Our intention is to eatablish local procedures to automatically assess a penalty of $250.00 for
those persons who have not paid tlieir occupational license renewal fees within 150 days al~er
the initial notice of tax due (August Is t). "
Your concurrence/comments would be appreciated.
Thank you for your assistance in tMs matter.
Please respond by lune 1:5, 1993.
cc: Brace Hatter, Treasurer
!
July 1, 1993
Off£ce of Lega~ Aff&£ra
FROM:
TO:
RE:
STEVEN J. ZUCKER
ASSISTANT CITY ATTORNEY
JIM PARKER
TREASURY SUPERVISOR
JOHN WEEKS
OCCUPATIONAL LICENSE SUPERVISOR
OCCUPATIONAL LICENSES - PENALTIES
As per your request, the following addresses the issue of whether I
additional penalties allowed by. Section 205.0§3(3), Florida
Statutes, may be automatically assessed upon expiration of the
specified time frame.
Sec~!on 205.053(3), signed into law by Governor Chiles on May 4,
1993, provides that:
Any person who engages in any business, occupation, or
profession covered by this c~apt~r, who does not pay the
required occupational licens~'tax within 1S0 days after
the initial nouice of tax du~, and who does not obtain
the required occupational lz~ens% is'subject to Civil
actions
and
penalties,
including court costs, reasonable
attorneys' fees, additional a~in£strative costs incurred
as a result of collection efforts, and a penaltF of up to
$250.
The wording of this provision creates two possible interpretations.
The first would allow' the City to automatically l~pose (and
invoice) a penalty of up to $250 immediately upon the expiration of
the 150 day period if the person had neither paid the tax or
obtained the required license. The second would, allow the City to
incorporate into its Code a penalty of up to $250, but only be
entitled to such penalty amount, as well as the other costs
itemized in the statutory provisio~, as part of a civil action that
may be instituted upon the expiration of the i$0 days.
Either of the above interpretations is reasonable. I would suggest
that the City, after setting the penalty amount, write, the
additional penalty into Chapter 36 of the City Code in such a way
that would permit its automatic imposition upon the expiration of
the 150 days. if you accept as fact that most 9ersons, if not all,
Jim Parker and John Weeks
July 1, 1993
Page Two
who fail to obtain the required license and pay the license fee
within 150 days of the initial invoice are also not likely to
voluntarily pay any additional penalty, then the City loses nothing
by imposing the additional penalty automatically. By doing so, the
City can still, at any time after the same 150 days, institute a
civil action to enforce the additional penalty and may even end up
having maintained or enhanced its rights to enforce such penalty as
a result of having notified (invoiced) the person in question.
Steven J? Zuck~er
SAlV~LES FOR CALCULATING THE REVENUE BASE AND PROJECTING
REVENUF~ FOR ~ NEW FISCAL YEAR
Basic Assumptions:
1. Calculations assume all authorized incr~se.s at the maximum allowable rates.
2. All figures used ar~ estimates and provided for examples only.
. COUNTY -- ENACTED 205.033 ~ 100%
Total Collected on Licenses ISsued:
Minus Distribution To Municipalities (35%):
REVENUE BASE (Revenue To County):
205.0535 Authorization ~ 10%:
Total Projected on Licenses Issued:
Projection For New Licenses:
Minus Distribution Projection (25%):
TOTAL REVENUE PROJECTED TO COUNTY:
Revenue Difference To County:
Revenue Change:
$ 6,000,000
(2,100,000}
3,900,000
390,000
6,~90,000
1,000,000
(1,847,500)
$ 5,542,500
1,642,500
42%
COUNTY - - NOT ENACTED 2 05.03 3
Total Collected on Licenses Issued:
OR - 205.033 Authorization ~ 100%:
Minus Distribution To Municipalities (35%):
REVENUE BASE (205.033 · 100%):
Actual Revenue Remaining At County:
205.0535 Authorization ~ 10%:
Total Projected on Licenses issued:
Projection For New Licenses:
Minus Distribution Projection (25%):
TOTAL REVENUE PROJECTED TO COUNTY:
Revenue Difference To County:
Revenue Change:
500,000
,000,000
(175,000)
825,000
325,000
82,500
1,082,500
100,000
(295,625)
686,675
5(;1, 6'75
72%
MUNICIPALITY -- ENACTED 205.043 · 100%
1. Total Collected on Licenses Issued:
2. Plus Revenue From County:
3. REVENUE BASE:
4. 205.0535 Authorization O 10%:
5. Total Projected on Licenses Issued:
(Invoice Value New FY)
6. Projection For New Licenses: (New Categories)
7. Projection From County:
8. TOTAL REVENUE PROJECTED:
9. Revenue Difference: (Between Py & CY)
10. Revenue Change:
(1+2)
(3+4)
(5+6+7)
(S-3)
(9/3)
3,000,000
300;000
3,300,000
330,000
3,630,000
20,000
300,000
$ 3,950,000
650,000
19%
MUNICIPALITY .- NOT ENACTED 205.043
1. Total Collected on Licenses Issued:
2. OR - 205.043 Authorization ~ 100%:
(Whichever is Higher)
3. Plus Revenue From County:
4. REVENUE BASE:
5. 205.0535 Authorization e 10%:
6. Total Projected on Licenses Issued:
(Invoice Value New FY)
7. Projection For New Licenses: (New Categories)
8. Projection From County:
9. TOTAL REVENUE PROJECTED:
10. Revenue Difference: (Between PY & CY)
11. Revenue Change:
(2,'3)
(4+5)
(9- (1~3))
(10/(1+3))
$ 500,000
1,000,000
$0,000
1,050,000
105,000
1,1SS,O00
8,000
50,000
$1,213,000,
663,000
120%
FLORIDA LEAGUE OF CITIES,
Memorandum
To: City A~.torneys
From: Kraig A. Conn~
Assis~ant Gene~ Counsel
Da=e: June 25, 1993
The ~a~e has been conta~ed o~ ~everal occasions
the ~nte~reta=~o~ of Sec=~o~ 20~.06~, ~la. Stat. (attached}.
section was enacted by =he Florida ~ ~slature
an exemption from g ~n 1992 a~
oc~pat~onal l~cen~e ~axes for non-resiSeflt
perso~s re~lated by the De a merit o
A.=.O. 92-74 (at~ache~): A
~ ~'~ ~ ous~ness l~c~e~ ~y DPR ~f
· on or ~ncn office ~
municipality and if the buJiness has pa~d an ~ a~ona
~ax ~o anode= mun~c~-alit~ ........ = ....... ~ I l~cense
· oca=ton or bra wheres pe anen business
A~'~;'0.. ~2-83 (a~ached): Section 205.0~5, F~a. s~a~., does
a bus,ness ~e~a~ed b~ DPR vhen ~e b~ness has
~$~ness ~o~on o~ bFanch op~- 4 ..... · ..... t Pemnen~
A.=.O. 93-8 (a~ached}: A m~c~pality may no~ ~pose a
re~la~o~ fee pursuan=' =o Sectio~ 166.221, Fla. St&~., on a
bus,ness =e~lated exclusivelF by D~, since re~lation and
l~censure of such a business ha~ been P=e~p~ed ~o ~e state.
~.G.O. 93-19 (a=tached). Re '
"re~lated- w~in _ . g~s[ered con~ractors
~he scope of Se ~ are
A~o~ey Gene=al fu ..... ~on 20~. 06~, Fla. Stat.
~nly ~mpose a. oc~-a=iona~ -~ ..... ~clpali~y may, therefore,
r * ~ense Cax on suc~ contractor
nave a pe~anen~ bu ~. s who
. . siness location (or b~nch office) w~th~n
municipality and who have no= been assessed and paid ~ch a ~x
~he county ~n which ~he mun~c~pal~ Is located. ~e
respec=fully d~sagrees wi~h ~he o"
sCa=es, "and who h ....... ~ P ~on of ~his opinion
Park ^v~nue · P C) Rox 17,~7 · Tallanassee. Flortda 32:302.1757 · ;904) 222.g684 · Suncom 278-533! I
county in which the municipality is located.' The
~.n=erprets Sec~cion 205.065 Fl- ~-~ .... League
-- - -. , ~. o~. ~ ~1 ~OVl~ ~
w~ au~orl~y to impose oc~---,---- ,, P - ~ lcipalities
~no have a pe~anen~ business ~oca~ion o~ bFanc
~icipali~y, regardless of ~a~en~ -- ...... h o~ice_vi~h~ a
C ~ ~- ~ ~ ~uner occu~clo~al license
~ ~o ~=~er Jurisdi~ions. Also, municipalities have au~ori~y
~er section 166.221~ Fla. S~a~., ~o impose ra~laeo~ fees on
con~rac~ors ~o~ municipal re~la~o~ ac~ivi~ies.
The League offers the following points of interpretation:
1. Set'cio n 205. 065, Fla. Stat. does
mUnicipality frreo~llec~cing reasonabl, b-j-' no~. p~.ohibit a
tory uszness, prozesslonal, and
occupa=£onal fees, commensurate wit
regulatory ac~civit~ ~nde- ~= ........ h _~he costs of the
..... z, = ~ne aur~lorl~y of sec=ion 166 .
~=_a='___AiG-0. 93-8 supports ~h£s conclusio- ---- .... .221, .Fla:
use~ ~- Fee~ obtained from a m~ic~pal re leto
u =o pay for re __ ~ ~pr~r~ must be
~lato~ activi=i~, a
3.. A m~icipali~ ~y impose ~ cc~ at
~ne l~ su~ person ~s a ---- .... - ----, p i~nal license tax on
re~lated by ~e De--~--~ ~ ~ rdless_ of
4i- A ~icipali~, as a general ~le ' ·
oC~pa=lonal license ~ ........... ,.
e - - . ~.. m,~ person W~o ~oes ~O~ ~a~ a
P ~anen= mus~ess location or branch
m~icipali~y, offi~
I have also enclosed for your ~e and info~a~ion a copy of
~ws of Florida ~ap~ 93-180, which was
Florida ~-islat~- _ . . . pass~ by
Fla. SCa~.~ ~.. ~]-. xne_ Aaw s~s=an=ially ~en~ ~a-~-- ~-
le~ oc~pa=ional lic~e =~es~ powers =~ taxing au~o=ities
You are enco~ag~ ~o proceed ~ro
co~ission-process de~ed ~ ...... ~gh ~e e~i~ s~dy
~o~ m~icipali~ fails ~ --- A~. ~xo~ .~, ~ap~r
process ~rougn ~e proc~s,
no= be in a position ~o avail i~self of ~e rovisi
~ ~% a~ual ~crease in o-------- ...... P. on au~orizin
ar your m~lclpalitv fail- ~ .......... s. Also
. -- - -~ pru=~a ~ough ~e p~ocess,
may lose fU~er =evenu~ ~der Sec=ions 8 and
Please feel free to share inthis information with the
Ioccupational license tax officials
have
. your mUnici~ality. If you
further q~estions on either Section 205.065, Fla. Stat., or
I Chapter
93-180, please do not hesitate to con=ac= ~e.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) ,589-5330 c~ FAX (407) 589-5570
SUBJECT: Bank Stabilization
Riverview Park
Approved for Submittal ]~':
City Manager
) AGenda No.
) Dept. Origin ENG/P
)
)
) Date Submitted 12-09-93
)
) For AGenda of 01-05-94
)
) Exhibits: Proposals dated
) 12-9-93 Brad Smith Assoc. Inc.
) and Costal Technologies
)
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
In the beginning of December 93, the City experienced moderate
wave action and increased tides due to a storm located in the
northeastern United States. The storm produced steady winds
ranging from 15 to 25 mdb from the northeast. The high tides and
the wave action has eroded several areas of the bank along the
shore line of Riverview Park.
Last year the City ext~erienced a similar phenomenon and Graded
and sodded the banks along Riverview Park. During the s~%m~r the
sod had rooted firmly, and stabilize the side banks. However, in
December, the sea water killed the bahia sod and erosion has
occurred. This is the third time that this erosion problem has
occurred, and is a continuing problem. I feel it is appropriate
that this problem be acknowledged and the City take the necessary
actions to correct the problem before the erosion encroaches
further into the park and possibly causes damage co the newly
installed boardwalk.
I have contacted an engineering firm chat is familiar with
shoreline stabilization. ~ have expressed the City's desire Co
keep the shoreline and bank area protected with natural
vegetation or stone revetment in a manner that is aesthetic and
compahible wi~k ~he environment and conducive ~o the surrounding
area.
The first steD would be to have a joint meeting with the state
agencies involved in the Dermitting to discuss viable
alternatives that could be satisfactorily Dermitted. The engineer
then would DreDare a written reDort for the Drobable cost of
shoreline stabilization. The alternatives would be brought to
City Council for aDproval of the most aesthetic and cost
efficient method. The engineering firm would then send a
DroDosal to the City for the Dermitting. It is anticiDated that
the Dermitting costs could be between $2000 to $6000.
The engineer would coordinate with the landscaDe architect for
selection of Dlant material that would not only held to stabilize
the bank area but Drovide a colorful and aesthetic flora and
fauna for the area. It is not anticiDated that the landscaDe
architect would be required to attend the joint meeting.
However, his presence, knowledge and experience could be
beneficial as he may be able to better reDresent The City's
sincere desire in solving this Droblem in a method that would
enhance the area besides just Droviding stabilization.
RECOMMENDED ACTION
Move to aDDrove the DroDosed agreement for Coastal Technology
cord in the amount of $1,950. for the Riverview Park Shore
stabilization and to retain Brad Smith ASLA on an hourly basis
for consultant work at a Drice not to exceed $500.
Brad Smith ,4ssociates, inc.
la LAND PLANNING la LANDSCAPE ARCHITECTURI~
!
December 9, 1993
Mr. Dan Eckis, P.E.
City Engineer
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
_P~o. posal for Landscape Architectural Services
Riverview Park Re-vegetation
Dear Dan:
Enclosed are two copies of our Standard Form of Agreement which have been prepared
pursuant to our discussions. These services will enable you to chart an aPl:n'opriate course
of action. If everything is acceptable, please execute both copies, returning one to our
office.
We appreciate the opportunity to submit this proposal to you, and look forward to being of
continued service to you.
Bradley A. Smith, ASLA ·
President
(407) 724-1036 [] P.O. Box 1736 [] Melbourne, Florida 32902-1736
AN AGREEMENT FOR THE PROVISION OF
PROFESSIONAL SERVICES
TERMS AND CONDITIONS
The Firm shall perform the services outlined in this agreement for the stated fee arrangement. No
prior or present agreements or representations shall be binding upon any of the parties hereto
unless incorporated in this agreement. Modifications or changes in this agreement must be in
writing and executed by the paxties bound to this agreement. This ag~ement is not transferable by
either signatory to a thkd party without the consent of the other principal parts.
Project Name/Location:
As described in Attachment.
Scope/Intent and Extent of Services:
As described in Attachment.
Access To Site:
Unless otherwise stated, the Firm will have access to the site for activities necessary for the
performance of services. The Firm will take precautions to minimize damage due to these
activities, but have not included in the fee the cost of restoration of any resulting damage.
Fee:
The total fee, as stated in the Attachment, shall be understood to be an estimate (if indicated as an
hourly fee arrangement), and shall not be exceeded by more than ten percent (10%) without written
approval of the Client. Where the fee arrangement is to be on an hourly basis, the rates shall be
those that prevail at the time services axe rendered. Current rates ar~ as follows:
Principal/(Landscape Architect):
Draftsperson:
Technical Typist/Administrative:
$75.00/Hr.
$27.50/Hr.
$25.00/Hr.
Billings/Payment:
Invoices for the Firm's services shall be submitted, at the Finn's option, either upon completion of.
such services or on a monthiy basis. Invoices shall be payable within 30 days after the invoice
date. If the invoice is not paid within 30 days, the Firm may, without waiving any claim or right
against the Client, and without liability whatsoever to the Client, terminate the performance of the
service. Retainers shall be credited on the final invoice.
Items Supplied and Extra Work:
The Landscape Architect shall be reimbursed for blueprinting and duplication of documents, and
other incidental expenses at Cost + 10%. If, during the progress of the development of plans or
construction, the Client requests the Landscape Architect to perform additional services other than
those defined in the Attachment, payment for such work: shall be negotiated prior to
commencement of the work based on the prevailing hourly rates.
Termination of Services:
This agreement may be terminated by the Client or the Firm should the other fail to perform its
obligations hereunder. In the event of termination, the Client shall pay the f'n'm for all services
rendered to the date of termination, all reimbursable expenses, and reimbursable termination
expenses.
Ownership of Documents:
All documents produced by the Firm under this agreement shall remain the property of the Firm
and may not be used by the Client for any other endeavor without the written consent of the Firm.
Applicable Laws:
Unless otherwise specified, this agreement shall be governed by the laws of the State of Florida.
/~ The terms and conditions and initials required on
Bradley A. Smith, ASLA, President
BRAD SMITH ASSOCIATES, INC. (printed name/title)
(name of f~rm)
(date accepted)
2
AGREEMENT
ATTACHMENT to
FOR PROFESSIONAL SERVICES
BRAD SMITH ASSOCIATES, iNC.
and
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
BETWEEN
PROJECT NAME AND LOCATION:
Riverview Park
Shoreline re-vegetation study
SCOPE/SERVICES:
STUDY PHASE: ·
Visit the site to become familiar with local growing conditions. Coordinate with Coastal
Technology Corporation regarding various alternatives available to the Client for stabilizing
and re-vegetating the shoreline. The primary focus of Brad Smith Associates' efforts shall
be in the area of re-vegetation, while Coastal Technology Corporation will be focusing on
physical stabilization, and related permitting efforts.
Formulate a list of potential plant material species for use in re-vegetating the shoreline.
Investigate the availability of proposed plant materials. Analyze alternatives available to the
Client such as:
Contract growing
Purchasing plant material, and performing installation with in-house personnel
Contracting the installation of plant material
Temporary irrigation to support plant installation through the establishment period
Develop a Preliminary Opinion of Probable Re-vegetation Construction Costs for the
various alternatives developed for the Client, based on the schematic drawings prepared, by
Coastal Technology Corp.
Research available funding sources for the re-vegetation portion of the project, coordinating
efforts with those of Coastal Technology Corp.
FEE ARRANGEMENT:
The Client agrees to pay the Landscape Architect for professional services as follows:
A lump sum of One Thousand Four Hundred Fifty Five Dollars ($1,455.00)
Initial here: (Landscape Architect)
, (Client)
Attachment- 1
COASTAL TECH
COASTAl. · ENVIRONMENTAL · CIVIL * ENGINEERING AN0 Pi._ANNING
75800
800 20TH PI.~CE. SUITE 6, VERO BEACH, FLORIDA 32960 (407) 562-8580
December 9, 1993
Mr. Dan Eckis, P.E., City Engineer
D/rector of Public Works
CITY OF SEBASTIAN
P.O. Box 127
Sebastian, FL 32958
RE: ~VIEW PARK SHORELINE STABILIZATION
Dear Mr. Eckis:
As we have discussed, this letter is a proposal for engineering services relative to the
stabilization and enhancement of the shoreline at Riverview Park. As we discussed, the City
seeks to stabilize and create a vegetation buffer along the shoreline. In general, we propose
to develop alternative concepts, estimate costs, hold a pre-application conference with DEP
and USACE staff, and prepare a letter report to the City including recommendations for
shoreline stabilization and potential funding sources. The following are proposed services
by Coastal Technology Corporation (Coastal Tech) for the City of Sebastian (City):
Coastal Tech will visit the site to observe site conditions and perform measurements along
the shoreline including overall frontage, areas of existing aquatic vegetation, eroded areas,
and approximate water depths. Based on these measurements, Coastal Tech will prepare
a conceptual plan and cross-sectional sketches - depicting shoreline stabilization alternatives
including:
a)
b)
c)
d)
and, e)
do noth/ng;
submerged breakwater;
emergent breakwater;
revetment;
sand ~l nourishment.
Coastal Tech will then hold a pre-application conference on site with representatives of the
State of Florida Department of Environmental Protection (DEP) and the U.S.-,4rmy Corps
of Engineers (USACE) regulatory staff to discuss the alternatives and to identify staff
requirements for permits - if attainable. Coastal Tech will then prepare cost estimates for
the design, permitting; and construction of each alternative deemed permittable by agency
staff. It is our understanding that the City will address landscaping and aquatic vegetation
requirements separately through Brad Smith & Associates (BSA). Coastal Tech will then
prepare a letter report to the City identifcng the results of the work including
recommendations for shoreline stabilization and potential funding sources for the project.
Coastal Tech will confer and coordinate with BSA.
Fees for these services are ............................................ $1,950
qq
75800
Ma'. Dan Eckis
December 9, 1993
Page Two
If you wish us to provide the above services, then please sign below and return a copy o£ the
signed agreement to us which will serve as our "Notice to Proceed." Otherwise, if you have
any questions or if any revisions to this proposal are appropriate, please contact me at your
convenience.
M~PW:sdm
Sincerely,
ther,P.E.
SIGNED: DATED:
Mr. Dan Eekis, P,E.
!
City of Sebastian
i POST OFFICE BOX 780127 cl SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
AGENDA FORM
SUBJECT:
Proposed Interlocal Agreement
Establish "Council of Public
Officials" in Indian River
County
APPROVED FOR SUBMITTAL BY:
Sity Manager: .~/'0 o/7/
Agenda No.
Dept. Origin
Citv Clerk
Date Submitted
For Agenda Of ~
Exhibits: * Bird Letter dated 12/8/93
* Proposed Agreement
* County Resolution
* 163.02 FS
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
We have received a request from Indian River County Chairman,
Richard Bird, to approve an Interlocal Agreement among Indian
River County, its five municipalities, and School Board, to
establish a "Council of Public Officials"
The duty of this Council, once established, will be to .seek
methods to improve the efficiency of government, in particular,
the reduction of taxes at all levels.
RECOMA, IENDED ACTION
Review the request and proposed Interlocal Agreement, and, if
City Council concurs, direct staff to draft a resolution for
adoption at the January 12, 1994 Regular Meeting.
Telephone: (407) ~67-8CXX]
The Honorable Lonnie Powell
Mayor, City of Sebastian
!225 Main Street
Sebastian, Florida 32958
Dear Mayor Powell:
BOARD OF CO UNTY COMMISSIONERS i
1840 2$th Street, Veto Beach, Florida 32960
!
Suncom Telephone: 224-I011 I
I
I
The Board of County Commissioners, at its regular meeting of
December 7, 1993, adopted a resolution looking toward the
establishment of a "Council of Public Officials" which would
include the County, municipalities in Indian River County and the
school board. An in~erlocal agreement to accomplish this
objective is attached for your consideration.
Your continuing cooperation in matters of mutual inZerest is
very much appreciated.
Sincerely,
Richard N. Bird
Chairman
Rl~:aw
Attachment
INTERLOCAL AGREEMENT
among
INDIAN RIVER COUNTY, FLORIDA
and the
CITY OF VERO BEACH, THE CITY OF SEBASTIAN,
THE CITY OF FELLSMERE, THE TOWN OF INDIAN
RIVER SHORES, TOWN OF ORCHID, AND THE
SCHOOL BOARD OF INDIAN RIVER COUNTY.
THIS AGREEMENT, made and entered into this 7 day of
~ , 1993 by and among INDIAN RIVER COUNTY, Florida, a
political subdivision of the State of Florida, the address of which is
1840 ~.Sth Street, Vero Beach, Florida $11960, the CITY OF VERO
BEACH, Florida, a municipality incorporated under the laws of Florida,
the address of which is 1053 20th Place, Veto Beach, Florida $11960, the
CITY OF SEBASTIAN, Florida, a municipality incorporated under the
laws of Florida, the address of which is 11125 Main Street, Sebastian,
Florida 32958, the CITY OF FELLSMERE, a municipali~c¥ incorporated
unde~- the laws of Florida, the address of which is P. O. Box 38,
Fellsmere, Florida 311945, the TOWN OF INDIAN RIVER SHORES, a
municipality inco~o~ated under the laws of Florida, the address of
which is 6001 N. A-l-A, Veto Beach, Florida 311963, the TOWN OF
ORCHID, a a municipality incorporated under the laws of Florida, the
address of which is 10 Orchid Island Drive, Vel'o Beach, Florida 32963,
and the SCHOOL BOARD OF INDIAN RIVER COUNTY, a school district
of Florida, the address of which is 1990 25th Street, Veto Beach,
Florida 32960, (hereafter the "PARTIES"),
WiTNESSETH
WHEREAS, the Florida Intel'local Coopel'ation Act of 1969, Section
163.02, Florida Statutes, permits local ~overnment units to enter into an
agreement with each other for the establishment of a council of local
public officials; and
WHEREAS, it appears that a council of local public officials in
Indian River County, modeled after Section 163.02, F.S., would serve
the public interest; and
WHEREAS, the parties to this agreement are governmental entities
in Indian River County and share many of the same or similar
governmental problems; and
WHEREAS, the parties to this agreement have determined that it is
in the public interest of the citizens of Indian River County to engage
in a cooperative effort in the formation of an interlocal agreement for
the purpose of improving governmental efficiency including a reduction
in taxes in Indian River County;
NOW, THEREFORE, it is agreed by and among the parties hereto
that each of the parties agrees to participate in a council of local public
officials under the following stipulations, provisions, and conditions:
1. Creation and Name.
There is hereby created a council to be known as "Council of
Public Officials".
2. Representation.
Each party will be represented by an elected p,.~bllc official
designated by that party's local governing body.
3. Chairmanship.
The chairman and vice chairman shall be elected at the initial
meeting of the council and thereafter annually in the month of January
or at the next meeting if no meeting is held in January.
4. Meetings.
Meetings shall be held as needed but no less than once every
year. The meeting shall be held in accordance with the Florida
Sunshine Amendment and shall be in the County Adrninist~'ation
Building, 1840 25th Street, Veto Beach, Florida unless on proper notice
meetings may be held from time to time at other locations.
5. Advis..or~r in Nature.
The council is advisory in nature and it is the duty of each
representative to inform that representatives governing body of
decisions or recommendations reached by the council.
6. Rules of Procedure.
In order to avoid setting forth detailed rules of procedure, the
rules of procedure set. forth in the Indian ltiver County Code shall
govern the meetings.
7. Duties.
The council shall:
(a) Seek methods to improve the efficiency of government,
in particular the reduction of taxes, at all levels;
(b) Promote cooperative arr~ngements and coordinate action
among its members;
(c) Make recommendations for review and action '~o the
members and other public agencies that perform local
functions and services within the area; and
(d) Welcome input from elected officials of local government
units located in whole or in part in Indian River County
including county officers, elected officials of districts, and
interested citizens and citizen ~c~roups.
8. Termination~
The parties reserve the right to terminate this agreement at any
time by providing written notice to the other parties.
IN WITNESS WHEREOF, the parties have entered into this
agreement on the date first written above.
_
Attest. , INDIAN RIVER COUNTY, FLORIDA
Clerk of Court.~. ~ ~oN Ric~rd N. Bird, Ch~r~
Attest:
CITY OF SEBASTIAN, FLORIDA
By
City Clerk Mayor
I
RESOLUTION NO. 93- 21 3L
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CHAIRMAN TO
i EXECUTE AN INTERLOCAL AGREEMENT
ESTABLISHING A COUNCIL OF LOCAL PUBLIC.
OFFICIALS ON BEH,4LLF OF THE BOARD OF
COUNTY COMMISSIONERS.
WHEREAS, the Florida Interio~al Cooperation Act o~'1959, Section
163.02, Florida Statutes, permits the establishment of a council of
I loeei public officials; and
WHEREAS, it appears that s c~uncil of local public officials in
I indian River County, modeled after Section 163.02, F.S., would serve
the public interest by promotinK efficie~clr,
I NOW, THEREFORE, BE IT R~SOLVI~D BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
I The Chairman of the Board of County Commissioners ts hereby
euthorized to execute the attached Interlocal AgTeement and the
I attached letter to the muncipalities on behalf of the Board of County
Commissioners and Scool Board.
I The resolution was moved for adoption by Commissione~*
Adams and the motion was seconded by Commissioner
i Eggert , and, upon bein~ put to a vote, the vote was as
follows: ·
I Chairman Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Frsn B. Adams Aye
Commissioner Carolyn K. E~e~ Aye
I Commissioner Kenneth R. Macht Aye
The Cheil, man thereupon declared the resolution duly passed and
i adopted this 7~ day of OecemDer , 1993.
BOARD OF COUNTY COMMISSIONERS
i BYJ'fr="' '8.r,o., Cle, Ri herd .. .......
AND L.j~SAL SUFFIC!D. NCy
~. .... :?.C: P ..... ,
A$8l'. OO~Ni'¥
F.S. 1991
:ontract or
the execu-
~gal entity,
~greement
act, or the
; indebted-
constitute
owners of
~ issued by
~ other per-
rcy or legal
h contract
sions of s.
~standing,
t. X of the
such legal
articipates
,munity tO:
; and
ng with a
is a merm
ctivity set
on to any
rs, output,
;ctric 13to-
:her provi-
61 limiting
~ctric proj-
Jrsuant ~o
) of which
eroises or
, part II of
}wets pro-
er person
3nversion,
sposal, or
or source
lng there-
thereof is
rgy in one
3ny mern.
n conneC*
gal entity
~ers, prlvl-
any such
"tion with
;, outout.
:lefined in
inated by
:dry confi-
)t combe-
or secret
: from the
;uDiect to
· ~ accord-
, ~oroone--
F.S. 1991
INTERGOVERNMENTAL PROGRAMs
Ch, 163
not limited to, trade secrets; internal auditing controls
and reports of internal auditors; security measures, sys-
tems, or procedures; information concerning bids or
other contractual data, the disclosure of which would
impair the efforts of the utility to contract for services on
favorable terms; employee personnel information unre-
lated to compensation, duties, qualifications, or respon-
sibilities: and forrnula~, patterns, devices, combinations
of devices, contract costs, or other information the diS-
closure of which would injure the affected entity in the
marl<etplace.
(16)(a) All of the additional powers and authority
granted by chapter 82-53, Laws of Florida, to a. public
agency as defined in paragraph (3Xb), a legal entity cre-
ated pursuant to the provisions of this section, or both,
respecting agreements for participation in electric proj-
ects snail apply to any agreement in existence as of
March 25, 1982. aS well as to ~ny such agreement
entered into thereafter; but no additional limitation pro-
vialed in chapter 82-53 upon any power or authority of
any such pul~liC agency or legal entity, or both, respect-
ing agreements for participation in electric projects shall
apply to any such agreement entered into prior to March
25. 1982.
(b) Chapter 82-53, Laws of Florida. shall be deemed
to be enacted for the purpose' of further implementing
the provisions of s. 10(d) of Article VII of the State Consti-
tution, es amended.
163.02 Councils of local pubtle ofttcial~.--
(1) The governing bodies of ~ny two or more coun-
ties, municipalities, special districts, or other govern-
mental subdivisions of this state, or any of them, herein
referred to as metal=er local governments, may, by reap-
lution, enter into an agreement with each other for the
estal~tishmant of a council of IocaJ public officials. Any
council estal~lisl~ed under the authonty of this section
shall be a co~oration not for profit.
(2} Representation on the council shall be in the
manner provided in the agreement astablisning the
council. The representative from each member local
government shall be the elected chief executive of sad
local government or, if such gOvernment does not I~ave
· q elected chief executive, a mem0er of its governing
body chosen by such I~ody to ~e its representative. Any
member may withdraw from Ihe council upon 60 days'
notice subseduent to formal action I~y its governing
bo~y.
(3) The local government council shall have the
bower to:
(a) Study SuCh area governmental orobtems as it
cieems alDpropnate, inc}uding 13ut riot limited to matters
affecting neath, safety, welfare, education, economic
conditions, and area development:
{b) Promote coocerative arrangements and coordi-
nate action among its meml3ers: and
(c) Mal<e recommendations for rewew and action co
~he members and other ouolic agent=es ~hat cerrorm
.~!,ocal ;uno:ions ~.nc servlc~s w~th~n '~e area.
(4) The council shall adopt bylaws designating the
officers of the council and providing for the conduct of
its business. The council may employ a staff, consult
and retain experts, and purchase or lease or otherwise
provide for such supplies, materials, equipment and
facilities as it deems desirable and necessary,
(5)(a) The governing bodies of the member govern-
ments may appropriate funds to meet the necessary
expenses of the council. Services of personnel, use of
equipment and office space, and other necessary ser-
vices may be accepted from members as part of' their
financial support.
(b) The council may accept funds, grants, gifts, and
services from the state, from any other governmental
unit, whether participating in the council or not, from the
Government of the United States, and from private and
civic sources.
(c) The council shall mal<e an annual public report of
its activities to each of the member local governments,
and shall have its accounts audited a~nually.
163.03 Secretary of Community Affaim; powers
and duties; function of Department' of Community
Affaim with re~t3eet to federal grant-in-aid
(1) The Secretary of Community Affairs shall:
(a) Supervise and administer the activities of the
department and shall advise the Govemor, the CaJ3inet.
~ the Legislature with respect to matters affecting
community affairs and IocaJ govemment and participate
in the formulation of policies which best utilize the
resources of state government for the benefit of local
government.
(b) Render services to local governments by assist-
ing, upon request, in applying for and secudng federal
and state funds and by assisting the Executive Office of
the Governor in coordinating the activities of the state
with federal programs for assistance in and solution of
urban problems.
(c) Under the direction of the GOvernor, administer
programs to a,oply rapidly all available aid to communi-
ties sthcken by an emergency as defined in s. 252..34{2)
and, for this puroose, provide liaison with federal agen-
cies and other public and private agencies.
(d) When requested, administer Orograms which will
assist the efforts of local governments in developing
mutual and cooperative solutions to their common proD-
1ems.
(e) Conduct programs ,~o encourage and promote
the involvement of pnvate enterpnse ~n the solution of
url3an problems.
(f) Conduct continuing programs of analysis and
evaluation of local governments and recommend to
Governor orograms and changes in the powers and
organization of local government as may seem neces-
sary to strengthen local governments.
(g) Assist the Governor and the Cabinet in coordi-
nating and making more effective the activities anti ser-
vices of ~hose de0artments anti agencies of the state
which may be of service to units of local government.
(h) Prowde consultative services anti tecnmcal
~$s~stance to local officials in the Ileitis of housing, recle-
velcamen[ ~na renewal. !OCal CUDIiC ~mOrovemen~ cra-
999
I
I
I
FI
I City of Sebastian
1225 Main Street 0 SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 r', FAX (407) 589-5570
SUBJECT: SET PUBLIC HEARING FOR
SPECIAL USE PERMIT FOR JOHN T.
GIDEON
Approval for Submittal By:
32958
) Agenda Number: ~, ~ ~
)
) Dept. Origin: Community Development
) Date Submitted: 12/13/93 (BC)~
) ,
) For Agenda Of: . 01/05/94
)
) Exhibits:
) 1. Special Use Permit Application
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARySTATEME~T
The applicant, Mr. Gideon, is proposing to operate a pet cremation business
located in the C-512 zoning district.
Since this use is not specifically mentioned within the C-512 zoning district
or similar to any other use within any zoning district, this use would fall
under the special use categor~ of Section 20A-2 6 of the Land Development
Code. '
Since this agenda transmittal is just to set the public hearing for the
special use permit, staff will not present any documentatio~ regarding this
case.
REC, OMM,END~D ACTrO~
ISet the public hearing for the special use permit. Staff is not recommending
a date since the City Council has indicated they wish to have a special
meeting for any special use permits.
APPI, ICATION FOIl SP~I~iAL USE PERMIT
In accordance ~ith Section 20R-2.6, ~and Deve~opmen2 Code, ~he
CL~y Coun~i~ ma~, in lbs so~e ~/scce~Lon, gran~ a specfa~ asa
zoning ~egu~a~ons. ~[~ such uses shall no~ be o~bef~se
~l~egal, and sha~l no~ be epec[[~ca[ly prohibited pucsuan~ ~o ~he
comprehensive plan o~ o~her applicable la~ o~
The C[~7 Counc~ sha~ no~ g~an~ an~ specia~ use pe~m~
~h~s section ~nless ib shall make ~lndinqs based upon bhe
evidence presented ~o i~ in each case ~ha~=
l) The g;an~Ln9 o~ ~he patmlk ~ill no~ be de~t~men2al
public saie~y, health o; ~el[ate Dc be injurious ~o
o~het properties or /mptovemen2s ~i~hi~ ~he immedia~e
~icini~ [~ ~hlch ~he propet~ Is located; and
l) The use ~eques~efl IS consisten~ ~i~h ~he purpose and
in~en~ o[ ~he respective district, and can be
demonstrated ~o be similar in nature and compatible
~he ~ses allo~ed In such dis~tic~.
The fee for a special use perml~ is $1~0 (established by
lesoiu~lon ~o. ;-~-09). In addition 2he applican~ roue2 provide
~he Cl~7 Clerk's oE~/ce ~[~b a lis~ oi ~he surrounding proper~y
owners wibhin a 200' radius o~ ~he sub~ec~ propecby along w~bh
bhe appcop=labe ce=b[fled rebu=n =ecelpt ~aillng ice
$2.29 [of U.S. ~ilin9).
~AHE ~ ~P~ICANT! John I.
ADDRESS O~ APPLICANT~ 1010 Bald~u Dr. Sebastian, FL 32976
APPGICANT PHONE t t ,~07-66~-0107
ADDRESS OF SUBJECT PROPERT~ ~ SR )12 Sebastian
DESCRIPTION 0F SUBJECT PROPERT~t. Lots 27 & 58
HI(;HLA~DS, BLK ~92 UNIT L2 TN
ZONING OF SUBJECT PROPERTYt C-]12
RgASON FOR REQUEST FOR SPECIA~ USE PERMIT.*
cr~tion bullnels
To o~arate pat
TIlE BUILDING OFTICIA[~ HAY RI~OUIRE ADDITIONAL SACKUP INFORMATION
FOR CERTAIN RP-i]UESTB
~ttire o£ ^pplicant
b:specuse.app
Da~e
November 22, /993
4010 Baldwin Dr
Sebastian, FL 32976
November 22, 1993
Dear City Council of Sebastian:
I am opening a pet cremation and burial service in Indian River County.
My service will offer a small chapel area for family and friends to sit while
their pet is being cremated. We will also ~ave for sale erms, coffins and
other associated items. I would like to operate the crematorium at this
location.
The equipment meets all state amd EPA regulations. There are. negligible
emissions and no odor or noise from the operation of the equipment. Pets will
be kept frozen until their crematiom, also preventing odor and unsanitary conditions.
I would like to operate my pet cremation business at ~33 sr 512 in sebastian.
Enclosed is some literature and and a layout of floor space.
Sincerely,
John T. Gideon
OVER~: The Crawt'ord Model C$00P is a 75 Ib,/hr. Multiple Chambered Patholog/cal Cremation / Inc/nerarioa.System
designed to process pathological as well as small quant/ties of the high BTU content plastics found in ~redbag"
veterinary/medical waste streams, while complying with the higher temperatures and residence rimes being required by
environmental agencies. Udliz/ng a unique negative pressured, controlled air, hot hearth design with approximately 20 cu.~
of primary at,amber the tmlt is ideally suimd for privam cremations with the capability of extended contmuoas operation ro
SYSTEM REQUIREMENTS:
FUEL: TYPE: N.G. or L.P.G.
PRF-SSUR~ 7'- II" W.C.
FLOW: 2 Million BTU/I-IR @ 1 I/2" Gas I-leader
ELECTRICAL: 1 -. 115 - 208/2'~0 V, 28 - 15/I,~ AMPS, 1{3 (3~ Available)
I - 115 V, 10AMP.
DrMHN$IONS: 3'6" wide, 8'6" long, 6'9" ~Ll
CLE~~: Sides 30", rear 36", Front ~ n~ m f~ c~ng
STa~ ~~S: One ~ond ~on~ ch~r, R~id~ce ~e ~ I8~ F
~ght f~t of high ~mp. ~cm~ I~ s~k (effect I 1'6" nsc ~om fl~r)
~m~le, ~ s~on~ ch~ber mm~mt~ monimr/con~l
Opem~g t~ts
FEATURES & BENEFITS DETAIL
The following features are briefly summarized to provide you with an understanding and
appreciation of how the Crawford incinerators work and why their design, materials and
construction make them the best cremation/incinerator systems available in todays market.
*Use this detail when examining the illustrations within our brochure.
If' you should have any questions or comment: about the following information please call
me at 800-228-0884 or 407-851-0993.
Refractory ..lined Stack:
We roU 12 ga. steel into a cylinder and line it with 2 inches of 2600~ F castable refractory to
keep the heat within the stack and to protect the steel shell from thermal breakdown and
corrosion. In fact all internal points of the entire incinerator are lined with a minimum of
4.5" of cast refractory insulation or insulating brick.
- '. safely accepts temperatures as high as 2600~ F, this is critical because of state mandated
operating temperatures of 1800a F or greater
- completely safe for indoor installation (U.L. listed)
- compatible with any standard recognized building materials (steel, wood, fiberglass,
etc.)
Sealed Chamber~:
We totally enclose the primary and secondary chambers with a 12 ga. steel shell and "seal"
weld all the seams closed, so that no fluids or gases can escape.
better stmca.ml integrity
provides insulation barrier
- retains fluids and odors inside primary chamber until completely combusted
The floor of the primary chamber and the roof of the secondary chamber ,are one
continuous piece of castable refractory at least 7 1/2 inches thick.
- direct heat transfer from secondary chamber to primary chamber for better fuel
efficiency
hot floor gets fluids into a gaseous state very quickly so they can be combusted
No buffer plate (steel) or air zone, that can expand or buckle which will prematurely
break-down the primary chamber floor ..
- carcasses or wastes are thoroughly reduced to ash
Monolithic Arched Roof:
We take the time to cast a smooth, round arch roof in both the primary and secondary
chambers.
much greater structural integrity, when refractory cracks it will support itself, will not
crumble a like fiat roof tend to --
better air and gas flow within the chambers, no "passive" zones
larger chmnber volume or area
North American XS-Air Nozzle_Mix Burners:
We do not use industry "packaged" burners. Our burners are manufactured by the industry
leader (North American Co.) and have a distinct advantage in that they have ao moving
Darts.
offer greater flexibility in calibrating the air/gas mixture for optimum fuel efficiency
iow maintenance because they have no moving parts that wear or get clogged
- longer burner life - virtually replacement free
Removable Side Panels:
The exterior side panels are all hand fitted and threaded with machine screws so they can be
easily removed and replaced should inspection or repair be required.
- faster and easier entry into the interior of the incinerator
- less expensive to work on, no torches or welding equipment needed to remove or
replace side skins
Refractory-Lined Draft Inducer (Patented):
This device creates a draft (negative pressure) in the incinerator. By virtue of its patented
refractory lining it is able to operate continually (24 hrs. per day if necessary) at extremely
high temperatures (2600a F) while maintaining required retention times'.
saves time in that no cool-down period is required for the safe operation of this
incinerator
-: saves gas (ie money) in that you do not have to keep cooling machine down, then pre-
heating it again to satisfy state environmental requirements .... remember no cool-down
is required with our equipment
- greater longevity for equipment life because there is less expansion and contraction
going on. It is always better to operate an incinerator on a continuous basis rather than
with starts and stops.
Center-Soil: Counter-Balanced Door:
Our charging door is split in its center, when opened the bottom half goes down and the top
half goes up. The amount of physical exertion needed to open or close this type of door is
very minimal. You also have to open the door only a small distance when inspecting or
"working" the cremated remains inside the primary chamber.
- no periodic adjustments needed, door halves always stay in equal balance
- less heat is lost when opening door
- less exposure to operator
- no need to bend over to inspect cremated remains, door opens at a comfortable level for
such inspection
Intrical Cremated Remains Hoooer:
Allows for the convenient removal of cremated remains by simply raking the ashes into a
funnel opening at the front of primary chamber. The ashes will fall through th~funnel and
be deposited into a container or standard urn for return to the client.
Saves time when doing individual or private cremations
Independent Structural Framework:
We construct a free-standing superstructure using 'T' beam, squares, channel and angle
steel, all joints are seam-welded for strength, we then add insulating materials and other
pertinent components to complete construction.
extremely durable superstructure for longer operational Life
easily moved without danger of distortion
even weight distribution facilitates easy installation
0 oacitv Sens93L'
This device automatically monitors the opacity level Within the stack and ensures the
absence of visible emissions.
- In the case of operator error or unforeseen circumstances that may cause the incinerator
to produce visible emissions, this device will temporarily lower the combustion rate in
the primary chamber, allowing the secondary chamber to complete combustion of
gases, thus eliminating any visible emissions.
Multiole Material Side~Wall Constructio,~
The inside walls of the incineration Chambers are a combination of hard brick, high-temp
insulating brick, insulating mineral block and thermal mineral blanket.
- hard brick provides prolonged operational life
insulating brick retains temperatures within the chambers, saving you money in fuel
costs.
mineral block and blanket axe an added insurance of heat retention
Multi-Point Combustion Air Iniectio.;
The air injection system is constructed of seam-welded steel tubing and fittings, in
conjunction with a modulated and controlled central air supply source. This system will
provide a substantial amount of preheated combustion air for distribution to various points
throughout the incinerator. The combustion afl- is preheated £or greater fuel efficiency and
re. fractory stability. This intricate distribution system is designed for greater flow dynamics
allowing for variable amounts of air to be introduced at critical points to ensure complete
combustion and enhanced levels of fuel efficiency.
- faster, cleaner and a more complete combustion takes place
generates fuel savings as gas input is reduced, combustion air is combined with fuel
content of materials being incinerated
creates turbulence so gases can readily mix with air for rapid combustion
Chamber Door/Burner Interlocks~
This mechanism will automatically shut the primary burner off when the loading door is
openecL This is a device that must bo requested when placing order.
Safety must be of primary concern to everyone involved in the operation and maintenance"
of an incinerator. All of the Crawford C500 and C1000 series incinerators am listed by
Underwriters Laboratory for safety. The sole function of U.L. is to test for safety and they
am the most widely recognized authority on the subject. It is important to emphasize that
the entire incinerator(s) is U.L. listed and not just some of the component parts.
compatible with any recognized building materials
- saves money on insurance premiums
- m~ts building and f'u'e codes
- completely safe for indoor operation "
Over and above the physical attributes of our equipment, is the experience we have in
manufacturing machines/'or :his industry. Crawford machines have been servicing this
market for over 18 years. The knowledge derived/'rom that experience has lead to
numerous innovations over the years. It is important that you select a company that has the
experience to help you through unexpected situations. We have that experience.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT: CONSTRUCTION BOARD
APPOIN~IEN~,REAPPOINT,~EN, OF A
BOARD ME~IBER
Approved For Submittal By:
City Manager ~ ~'~/
Agenda Number:
Dept. Origin: Community Developmen,t
Date Submitted: .!2/i5{93
For Agenda Of:
Exhibits:
APplications for:
I) John Laman
2) Wayne Tozzolo
EXPENDITURE
REQUIRED:
A~IOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMJ~ARY STATE~E. NT
AC the Construction Board meeting held December I4, 1993, a motion was
made by Vice Chairman Capp, seconded by ~r. Jerry Smith to recommend
~o City Council the reappointmen~ of John Laman for an additional three
year term in the General Contractor postion. ~r. Laman meets two out of
the three requirements to serve on the Board. Let it be noted tha~
Keith ~iller voted nay.
RECO~.~E.~DED ACTION
5love to reappoint John Laman, General Contractor. for an aditional three
Y.~g£' leU[Il to e:cpire September. 1996.
I
SEBASTIAaY
POLICE
D EPAlrf~EENT
TO Kathryn M. O'Halloran, 'City Clerk
I FROM : Investiqator Willia~ Render
I SUBJECT: Want/Warrant Check - A~plicant. John Mark Laman
~u~n~lnOar~ meaner reveal tJ~a~: .... ced
i ~ ~o ac~ve want or warrant for subject is oa file.
I [ ] °~cc~'t~ve'~arran~ o= wan= does exist and' folio, up
TO:
FROM.'
SUBJECT:
DATE:
City of Sebastian
POST OFFICE BOX 780127 c SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589°53.'30 r~ FAX (407') 589-5570
M E M O
Earle Petty, Chief of Police
Kathryn M. 0'Halloran,
Invest£~a~ion :~_gardADolication
John ~a=~La~a~
September 9, 1993
City Clerk I
I
I
Attached please find board application of John~arkr~man,
for investigation, in accordance with Resolution No. R-9~-38,
to serve on a City Board.
Enclosure
2.
3.
5.
6.
7.
8.
DRIVERS ~CENSENUM~ER:
(use additional sheets i~ necess~ or submit res~e if av~la~le)
10. Voter registration no.
11. Are you a resident of the City? Yes No/
1Z. ~ength of Residency
i13. Do you hold a public offioe~ Yes NO /
I4. Do you ser~e on a City 8oard at present? Yes ~No
15. PLEASE CHECK THE BOARD(S) Z0U ARE INTERESTED iN SERVING ON:
(Please number in order of preference with first choice
being "1" )
*BOAR~ 0F ADJUSTMENT
C~ETER~ COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*Pt..ARNING ARD ZONING
HARD ICAPPED CO~ITTEE
1~. What ~alifica~ions do you have
.....
!7. Wha~ caasoas do you have for w~shing to ae~e on an adv~so~/
board~ '
18. 'Have you ever been convicted of any felony or any
19. Would you consider serving on another Boar~ther than the
one(s) you selected above? Yes / No
I hereby certify that I am qualified to hold the ~osition for
which this a~plication is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have ~rovided in this a~lication.
~enf.e.~r_s~t~an~dj_tha~_._t_any m.i.sre?.rese.ntation or omission of information
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any muni¢i~al board member for
=sf.asance, n.g .ot.d duty, habitual dru .=ess,
,~u,,,~u~nce, or ~ermanent inability to ~erform his official
duties. Further, r understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
~sd~eCmaet~o~r informed against for the commission of an~ felony or
re
~ws-form\ap~lication
Name of Notary (Printed or T!r~ed)
Commission ~o.
.......... ~ , II IIIIIII ·
DDRESS:
BUSfNESS:
!2.
13.
!5.
(use additional sheets if necessary or submit resume if available)
10. Voter registration no. ~/
Are you a resident of the Cit~Z? Yes~/No ....
~ength of Residency
Do you hold a ~ublic office? Yes No
No you serve on a City ~oard at ~resen~? Yes /No
PSEASE CHECK THE ~OAR~(S) YOU ARE INTERESTE~ IN SERVING ON:
(~lease number in order of ~reference with first choice
being
*BOARD 0FAEJUSTMENT
~TERY COMMITTEE
*CODE ENFORC"~MENTBOARD
*CONSTRUCTION ~CARD ~__~
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
15. What qualifications do you have to seize on this board?
!7.
What reasons do you have for wishing to set-we on an adviscr-~
board?
18. Have you ever been convicted of any felony or any i..~..
misdemeanor involving moral turDitude in this or any/e~
19. Would you consider serving on another ~oard..other than the
one(s) you selected above? Yes ....w/No
I hereby certify that I am qualified to hold the ~osition for
which this aDDlication is made. Further, i hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have ~rovided in this a~91icatlon.
understand that any misrepresentat£on or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any munici~al board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incomDetence, or ~ermanent inability to ~erform his official
duties. Further, I understand that the City Council =ay sus end
any municipal board member who is art--~-~ = ...... ~
Subscribed and sworn to before ~e ~his /~ day of ~0~e~ I
(
\ws- form\ a~p lication
POLICE
_~t4u ij ~. o
Ual5 : July 2, 1993
I I U : Kathryn M. O'Halloran, City Clerk
FI~U4 : hwest.lo~Lor ~er~er
I St~C[ Hants~atrant Ueck -/~Jllcatit
Post Olflce 13ox 100
Sebastian. FL 32g]'ll-O
I/I d~ck for unf,ls/uarranLs ret Lhe above referenced apoltcant/boa~d
n~n~r reveal tiroL: .
I ~ No active ~,,t or warrant for.subJect Is u. rile.
( ) ~ active warra,t ur want dues exist and tallow ~ will ~ur.
I - (~ ~ ~ ~. ~'s ~~
~llce Oemrt.e,,t
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589~5330 ~ FAX (407) 589-5570
SUBJECT: FDOT Grant
Application and
Resolution
Approved for Submittal By:
City Manager ~-~'~
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
) Dept. Origin ENG/PW
)
) Date Submitted 12-10-93
)
For Agenda of 01-05-94
Exhibits: 1.Memo dated 12/22/93 from Frese
Nash & Torpy,P.A.
2.Highway Beautification Grant & Maint.
Memorandum of Agreement
3, ~%~'uti'0n' No. R-9I-Z~
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The State of Florida Department of Transportation has
acknowledged the City's request for the funding of irrigation and
plant material to be installed by the City in the U.S. ~1
medians. We have estimated that the cost for the material will
be approximately $104,697. The state will determine the
appropriations for the funding of the material within 45 days
following receipt of the executed Highway Beautification Grant
and Maintenance Memorandum of Agreement. When directed the City
attorney shall draft a resolution identifying the City Council's
approval for the grant and maintenance agreement.
The City's budget will need to be amended. A revenue line item
should be added for the grant amount, and an expenditure line
item should be added to track the invoices for reimbursement.
RECOMMENDED ACTION
Move to approve the Highway Beautification Grant and Maintenance
Memorandum agreement by execution and direct the ~-~ to
draft a resolution for acceptance of the agreement. ~,00~
FRESE. NASH & TORPY.
930 S. I-IAR~OR Cnn, BLVD.
Surr~ 505
M~soum~. FLO~UDA 32901
(40~
~ (40~ 9~4~
~BO~ C~ ~ T~ON
$Bo~ Cn~ m ~~ ~w
December 22, 1993
Mr. Dan Eckis
City Engineer/Public Works Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Highway Beautification Grant and Maintenance
Memorandum of Agreement
Our File No. 882489.2494
Dear Dan:
I have reviewed the contract for the Beautification Grant from the
State of Florida, Department of Transportation. I have several
comments that I would like to pass on.
First, Exhibit "A" to this agreement must be more specific with
regard to the highway covered by the agreement. I would prefer
that Exhibit "A" identify the highway by its state designation as
well as by reference to the specific mile markers wherein the
section that will be maintained is included.
Paragraph 1 of the agreement refers to Exhibit "B". Unfortunately,
Exhibit "B" contains no specifics about what the City ~s agreeing
to do. Due to the fact that paragraph 1 specifically states that
we are agreeing to install landscaping on the highway, it is
imperative that this exhibit be completed, in its entirety, in
order for the City to be able to fully understand the expense they
are going to incur by installation of the landscape.
Section 1, page 2, states with great specificity the requirements
upon the City to "maintain" the right-of-way within the limits of
the project. The maintenance obligation specified within this
provision appear to me to place a substantial manpower requirement
upon the City. Further, failure to comply with the "standards" can
result in the State's termination of the agreement or reduction of
payment. Further, paragraph 1 specifically prohibits change or
deviation from the plans, as specified by the Department, without
Mr. Dan Eckis
City Engineer/Public Works Director
City of Sebastian
December 22, 1993
Page -2-
written approval of the Department. Therefore, compliance with
this agreement is going to take great care, and in my opinion, can
expose the City to significant financial liability if breached.
Further, paragraph 1 repeatedly refers to the "plan".
Unfortunately, no where within the agreement is the "plan" spelled
out.
Paragraph 2 of the agreement specifies the Department's rights if
the City fails to maintain the median pursuant to the terms of the
agreement. Again, due to the fact that the agreement that I have
been provided is vague as to its terms, I am concerned about this
provision.
Further, subsections (a), (b) and (c) specify remedies that the
Department has, including charging the City for work that is
conducted by the Department, if the Department determines that the
City has not complied'with the agreement. Further, these
provisions also give the Department the ability to remove the
landscaping.
Paragraph.2 does not provide the City with any recourse, with the
exception of complying with demands by the Department, if the
Department's District Secretary determines that the City is in
breach of this agreement. I find this paragraph to be very one
sided and it puts the City in the posture of having to do whatever
the Department requires them to do, without the ability to appeal
the Department's opinion. This section should be re-written to
allow the City some recourse prior to the Department having the
ability to take the actions that are set forth in paragraph 2 of
the agreement.
In paragraphs 3, 4, and 5 of this agreement, although I would
recommend minor language changes, my primary concerns are identical
to those I have set forth in paragraph 2. Namely, th~ scope of
this project has not been specifically defined. As a result, the
City's liability is not clear from the reading of the contract.
Paragraph. $ provides for termination of the agreement.
Unfortunately, it only provides for termination by the Department
upon certain events. It does not provide, for the benefit of the
City, any mechanism for termination of this agreement. It would be
my advice that the City have an ability to terminate this agreement
if for some reason it becomes financially unable to comply with the
maintenance requirements. This concern may be alleviated if the
scope of the project is restricted by term of years or other
predictable factors.
Mr. Dan Eckis
City Engineer/Public Works Director
City of Sebastian
December 22, 1993
Page -3-
Paragraph 7 of the agreement requires the City to indemnify and
hold harmless the Department, to the extent permitted by law. This
section is objectionable and I would advise that it be stricken
from the agreement.
Paragraph 11 of the agreement attempts to limit our remedies for
breach of this contract, to decisions by the Department's District
Secretary. This provision attempts to preclude us from being able
to challenge the Department's decisions in Court. Further, it give
the Department the exclusive right to decide all controversies. I
cannot recommend executing this agreement with this type of
provision. Further, once paragraph 11 is removed, a venue
provision needs to be added to this contract placing venue in
Indian River County.
If you have any further questions regarding this agreement please
let me know. '
Sincerely,
FRESE, NASH &
TORP¥,
P.A.
Richard E. Torpy
RET/lb
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSP
THIS AGREEM~.NT, made and entered into ~his day of
19 __, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, a component agency of the Sta~_e of F~orida,
hereinafter called the "DEPARTMENT" and Uhe ~gr/ ~ ~c.__-/~?/~/~ a
political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter called the
WITNESSETH
WHEREAS, as a part of the continual updating of the State of
Florida Highway System, the Department, for the purpose of
safety, protection of the investment and other reasons, has
constructed and does maintain La~( ~J L~ ) highway
facilities as described in Exhibit "A' attached hereto and
incorporated by reference herein, within the corporate limits of
-;"~r_ ~/~f ' and /
WHEREAS, the ~/~ .... is of the opinion thau said
highway faciliUies that contain landscape median and u~iili~
strides shall be maintained by periodic ~rimming.
mowing, fertilizing, litter pick~up and necessary~ re,plan~in~
WHEREAS, the parties hereto mutually recognize the need for
entering in~o an Agreement designating and setting forth the
responsibilities of each party; and
the by e olution
dated , 19 __, attached hereto and by this reference ~-~_s
made a par~ hereof, desires to enter into this Agreemen~ and
authorizes its officers to do so.
NOW THEREPORE, for and in consideration of uhe mutual
benefits ~o flow each to the other, the parties covenant and
agree as follows:
1. The ~/?~' hereby a=rees to install landscaDin~
on the highway facilities as specified in plans and
sDe~ification~ included a~ ExhibiD "B" with ~he f011owin~
exceptions~
'1
I
I
I
I
I
I
I
I
The ~/~ , a=rees ~o maintain ~h~
lands cap irlc~, followinc~ the Department' s landscaoe ~uidelines~ ~-
safety and Dlan~ care. The City,s responsibility for main~enan~
shall include all landscape/turfed areas and areas covered wi~!3
interlocking Darers or similar type surfacin~ (hardscaDe).
Depar~men~ Qf Transportation right,of-way within ~he..limi~s
the mroject, Such maintenance to b~ provided by the City is
specifically set out as
TQ. maintain, which means that pro~e~
waterin~ and DroDer ~er~ilization of all p~ant~ an~..keepin~
as fre~.as practicable from disease and harmful insects; to
Qroperly mulch the plant beds; to keep the Premises free of
~eds: .~o mow and~or cut the clrass ~o a proper le~h:
properly prune.all plants which includes (1) removinq dead or
diseased Darts of plants, or (2) Drunin~ such parts thereof which
~resen~ a visual hazard for those usin~ the ~oadwa~. .To maintain
also means removing or reDla~ing dead. or diseased plants.~n ~hei~
entirety, or removing or re~lacin~ those that fall below original
Dro~ect standards, All plants removed for whatever reason shall
be replaced by olants of the same ~rade as specified in
ari~inal plans and s~cifications a~d of a s~'ze comparabl~
tho~ existing a~ ~he ~!~e approval is obtained from
Department's District SecreZarv for ~he use of alternate ma~er%~l
or deletions.. To maintain also ~eans to keem.~he hardscaDe.ar~a~
free.from weeds and replacement of any areas becomin~ .in
disrepair so as to cause a safety hazard To maintain also mean~
~o kee~ litter removed from the median striD or landscaped areas
within the.said project..Plants shall be C~ose i~ems which ~ould
be scientifically classified as mia-ts_and include but a~e
limited to trees, grass..or shru~s.
The above named functions to be performed by the ~/~ ,
shall be subject to periodic inspections by the Department. Such
inspection findings will be shared with the ~F and
shall be the basis of all decisions re~ardin~, payment reduction,
reworkin~ or a~reement termination. The city shall not chan~e or
deviate from said plans without written approval of ~he
Department.
If at any time after the ~K.~ has
assumed the landscapin~ installation and/or maintenance
responsibility above-mentioned, it shall come to ~he
attention of the Department's District Secretary tha~ the
limigs or a part thereof is not-~-~ maintained ~ursuant
~9 ~e =e.~ms of this A~reemen=, said District Secret&fy ma~
\~issue a written notice that a deficiency or
deficien~ies~xis~(s), by sendin9 a certified letter in care
of .-'~ ~.~_.~ , '
notice ~hereof. ThereafTer the ~/~ shall
have a period of thirty (30) calendar days wighin which
correct the cited deficiencies. If said deficiencies are
no~ corrected within this time period, the Department may, at
its option, proceed as follows:
(a) Complege ~he installation or a part ~hereof, with
2
Department or Contractor's personnel and deduct the
cost of such work from the final payment for said work
or part thereof, or
Maintain the landscaping or a part thereof, within
Department or Contractor's personnel and invoice the
City for expenses incurred, or
Terminate Agreement in accordance with Paragraph 4 of
this Agreement and remove, by Department or private
contractor's personnel, all of the landscaping
installed under this Agreement or any preceding
agreements except as to Trees and Palms and charge the
.~/~Y the reasonable cost of such
removal.
It is understood between the parties hereto that the
landscaping covered by this Agreement may be removed,
relocated or adjusted at any time in the future as
determined to be necessary by the Department in order that
the adjacent state road be widened, altered or otherwise
changed to meet with future criteria or planning of the
Department. The~f_ shall be given sixty (60) calendar
days notice to remove said landscaDin~ after which time the
Department may remove same.
The Department agrees to pay to the ~/~ I
an amount not to exceed SJj~~as defined in Attachment
· C". Subject to this limit,~he Department will pay only for
those costs which ar~a allowed by Section 339.24 Florida ·
Statutes:
'1
i
i
I
I
I
I
I
(a) Sprinkler/irrigation system~purchase only).
(b) Plant materials and fertilizers/soil amendments.
/Th(c) ,Paver bricks & other hardscape items.
e Department's participation in the project cost, as dascribed
in Attach_men= "C" is limited to only ~hose items which ar~
directly related =o ~his project. Payment shall not be made
until (1) certification of acceptance is received from ~he
"'----" Landscape Architect/ or designee and (2) a
Department Landscape Architect and/or his designee has approved
~he project for final payment.
(a)
Payment shall be made only after receipt and approval
of goods and services as provided in Section 215.42,
Florida S~atutes.
(b) Any penalty for delay in payment shall be in accordance
3
with Section 215.422(2) (b), Florida Statu~-es.
(~)
Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof, and that bills
for travel expenses specifically authorized by this
Agreement shall be submitted and paid in accordance
with the rates specified in Section 112.061, Florida
Statutes.
(d)
(e)
Records of costs incurred under terms of this Agreement
shall be maintained and made available upon request to
the Department at all times during the period of this
Agreement and for three years after final payment is
made. Copies of these documents and records shall be
furnished to the Department upon r~quest. Records of
costs incurred includes the__~2T~:~____general
accounting records, together with supporting documents
and records, of the-.~ _-~ and all subcontractors
performing work, and all other records of
the ~"~ ~ and subcontractors
considered necessary by the Department for a proper
audit of costs.
The ~/~9' agrees to return all monies received
under the terms of this Grant Agreement, to the
Department, should the landscaped area fail to be
maintained in accordance with the terms and conditions
of this Agreement.
This Agreement may be terminated under any one of the
following conditions:
(a)
By the Department, if the
perform its duties under Paragraph '2,
(10) days written notice.
fails to
following ten
(]3)
By the Department, for refusal by the ~tr~ =o
allow public access to all documents, papers, letters,
or other material subject to ~he provisions of Chapter
119, Florida Status and made or received by ~h~ ~_~
in conjunction with this Agreement.
The term of this Agreemen~ commences upon execution.
To the extent permitted by law, ~he ~,.,~V shall
indemnify and hold harmless the Department, its officers and
employees from all suits, actions, claims and liability
arising out of the ~.~'~ negligent performance of
~he work under this agreement, or due ~o ~he failure of the
~ to construct and maintain in ~he project in conformance
wi~h ~he standards described in item under 2 of ~his
10.
11.
agreemenu.
The ~/~r .... may construct additional landscaping
within the 'limits of the right-of-ways identified as a
result of ~his document, subject to the following
conditions:
(a)
Plans for any new landscaping shall be subject to
approval by the Department. The ~?/? shall
not change or deviate from said plans without written
approval by the Department.
(b)
(c)
Ail landscaping shall be developed and implemented in
accordance with appropriate state safety and road
design standards;
The ~/rF agrees to comply with the
requirements of this agreement with regard to
additional landscaping installed;
any
(d)
No change will be made in the paymen~ CeL'-m~ established
under Item number four (4) of this agreement due to any
increase in cost to the ~w resulting from
the installation of landscaping added under this item.
This writing embodies the entire Agreement and understanding
between the parties hereto and there are no other Agreements
and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and
The Department_~i scal year, shall not expend
money, incur any liability, or enter in~o any contract
which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written,
made in violation of this subsection is null and void, an no
money may be paid on such contract. The Department shall
require a statement from the Comptroller of the Department
that funds are available prior to entering into any ~uch
contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services zo be rendered
or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all
contracts of the Department which are for an amoun~ in
excess of $25,000, and which have a term for a period of
more than 1 year.
The Department's District Secretary shall decide all
questions, difficulties and disputes of any nature
5
12.
13.
whatsoever that may arise under or by reason of this
Agreement, the prosecution or fulfillment of the service
hereunder and the character, quality, amount and value
thereof; and his decision upon all claims, questions and
disputes shall be final and conclusive upon the par~ies
hereto.
This Agreement may not be assigned or transferred by the
.W?,.,r-~ , in while or part without consent
of the Department.
This Agreement shall be governed by and construed in
accordance with ~he laws of the State of Florida. In the
event of a conflict between any portion of the contract and
Florida law, the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above
written.
STATE OF FLORIDA
DEPARTMENT 0F TRANSPORTATION
DOT Approval as to
F0rmand Legality
Date
BY:
District Secretary
ATTEST .-
(SEAA)
Executive Secretary
ATTEST:
City Clerk
(SEAL)
LOCATION
NOTE
JOB NO.
WPI 9 (s)
COUNTY
S~ NO.
~XWIBIT "A"
Mileposts (MP) are obtained from Depar~men~ of
Transportation Straight Line Diagrams.
7
JOB NO.
WPI NO.
COUNTY
SR NO.
EXHIBIT
The Department agrees to supply to the
following list of materials:
Che
8
WPI NO.
JOB NO.
COUNTY
SR. NO.
ATTACHMENT '" C ~
(~ENE~AL)
PROJECT COST
This exhibit forms an intgral part of the Highway Beautification
Grant Agreement between the State of Florida, Department of
Transportation and
dated
PROJECT COST:
RESOLUTION NO. R-91-23
A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER AND HIS STAFF TO ENTER INT0 AN URBAN
AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORDIA, DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, many public and private areas within the
jurisdiction of this governmental body are in need of sound tree
care and maintenance and must be improved and maintained as Urban
and Community Forests; and
WHEREAS, the and
Mayor City Council desire that City of
Sebastian improve various areas within the City of Sebastian by
adopting and
promoting proper Urban and Community Forestry
Practices; and
WHEREAS, the Mayor and City Council of the City of Sebastian
wish to authorize the City Manager and his staff to enter into an
Urban and Community Forestry Grant Memorandum of Agreement
between the City of Sebastian and the Florida Division of
Forestry;
NOW, THEREFORE, BE iT RESOLVED by the City Council of the
City of Sebastian, Indian River County, Florida, as follows:
SECTION 1. The Mayor and City Council of the City of
Sebastian hereby authorize the City Manager and his staff to
enter into an Urban and Community Forestry Grant Memorandum of
Agreement between the City of Sebastian and the State of Florida
Department of Agriculture and Consumer Services Division of
Forestry.
1
SECTIO___~N ~. The City Clerk of the City of Sebastian is
hereby directed to send copies of this Resolution to the Division
of Forest~ and all other persons as directed by the Mayor and
City Council.
SECTION 3. Ail resolutions or parts of resolutions in
conflict herewith are hereby repealed. '
SECTION ~. This Resolution shall take effect i~ediately
upon its adoption. The foregoing Resolution was moved for
adoption by Councilman ~.~~ . The motion was
seconded by Councilman ~,/~ and, upon being put into
a vote, the vote was as follows:
Mayor W.E. Conyers ~
Vice-Mayor Rank 0berbeck . ~_~c ----
~cilman Peter R. Holyk ~--
uo~cilm~ Lo~ie R. Powell O~J~ ' '
The Mayor thereupon declared this Resolution du~ passed md
adopted this /0~ day of ~ , 1991.
CI~ OF SEBASTI~, FLORIDA
ATTEST: .E~ co~ey~yor
CityKathrYnTcf~rkM' 0 ' Halloran, ~C/~E
( SEAL )
Approved ~to Form and Content:
Charles lan Nash,
City Attorney
2
City of Sebastian
1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA FORM
SUBJECT:
City Council Agenda Item Pending
List Update
APPROVED FOR · SUBMITTAL By:
City Manager: ~t~...
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
.) Exhibits:
* List
City Clerk
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
For those of you unfamiliar with this item, in addition to
computer indexing, the City Clerk's office keeps a hard copy list
of City Council agenda items that we refer to as the "catalogue
list". The numbers that appear in the left margin of each agenda
are "catalogue numbers.,' When an item is first presented to City
Council it is assigned an agenda number and this number is used
until completion of the item and final filing in the City Clerk's
vault. From this catalogue list is derived a "pending list"
containing those items that have not been closed out due to
direction for further action from City Council.
These items, we find, are one and the same as those most of you
make inquiries relative to during City Council matters.
City Council has historically reviewed this list once or twice
during each of the past few years.
The pending list presented to you contains those items we
perceive to be pending further action and an appropriate staff
response and/or update.
REC0~NDED ACTION
Review the list and make suggestions and/or revisions to items if
appropriate.
PENDING CITy ~ AGEND%, ITEMS
As of 12/20/93
This list consists of any agenda item that appeared on a City
Council agenda and is considered by the City Clerk's office to be
an active file. Following each item, there is a reason for the
file being left open as presumed by the City Clerk's office and a
report from appropriate staff if necessary. This will close out
and/or update you on the status of all pending files.
1993 PENDING LIST
93.020
William Barber, 1001 Genessee Avenue - Request to Amend
Code of Ordinances Section lS-27 Re: Livestock, Fowl
and Non-Domesticated Animals - 1/6/93 Agenda - deferred
to 1/13/93 - placed on 2/3/93 workshop agenda for
discussion of possible amendment - staff directed to
contact animal rights groups to obtain model ordinances
- 4/7/93 agenda - review proposed language - chose
option i of 18.29 max of 2 fowl, delete 18.30, 18.31,
and 18.32 - 12/1S/93 first reading of Ordinance No.
0-93-14 - staff to consider pot-belly pigs?? - 1st read
accepted - ph 1/26/94
Public Hearing scheduled for 1/26/94
Staff Resmonse: N/A
Riverview Park North - Conceptual Plan - Approve
Agreemen= for Professional Services - Brad Smith
Associates, Inc. - $1,9S0.00 - 1/27/93 agenda -
approved - file left open per action of 4/7/93 on
pending list - 5/S/93 Bra~ Smith presentation to City.
Council - see minutes - plan to be redrafted
Waiting for revised plan
Staf~ Response:
Revised conceptual plan for the Riverview Park
north is unnecessary. The City Council should
direct staff to solicit bids from engineering
companies to begin the design and p~rmitting
for constructioa documents for the proposed
improvements which would include more parking
on the CAVCORP property and moving the
pavilion further south to within the right of
way. - DE
93.054
Police Station - Air Quality Testing - Approve
Services of Briggs Associates international, Inc.
- Not to Exceed $3,318.00 (see 91.144) - 2/3/93 agenda
- approved - 7/7/93 Corum requested history and
calendar of events - 8/11/93 Council directed staff to
obtain services of two mechanical engineers - not to
exceed $6,400 - 9/1/93 reports presented -DCD
recommended $1900 hot gas by-pass valve system -
although motion to place on agenda failed - staff can
purchase under $2000
Did system work and can this item be closed
out?
Staff
our consulting engineer, Ron Bailey, has made
several investigations into his recommendation
of installing the $i,900~hot gas by-pass
Valve system to the existing HVAC system.
Since that time, Mr. Bailey has done further
analysis and tests and determined that the hot
gas by-pass system would correct the humidity
problem but not necessarily save us on energy
cost, by imposing a false load on both
compressors, thereby requiring both
compressors to run all the time. Mr. Bailey
has given us a list of remedial actions that
need to be addressed prior to any major
renovations to the existing system. These
items are being addressed by myself and the
contractor. - BC
93.064
ORDIN~-NCE NO. 0-93-06 - Tree Protection - see 92.317 -
2/10/93 agenda - 1st reading - ordinance sent back to
staff for redraft - 2/24/93 agenda discussion placed on
April workshop agenda - not placed on agenda - 4/14/93
agenda - further discussion of options - placed on
5/5/93 workshop - amendments made - staff directed to
redraft - 7/7/93 amendments made - staff directed to
redraft
Reason;
Waiting for revised Ordinance
Waiting for Assistant City Attorney to finish
ordinance - BC
2
93.085
Sebastian Lakes (Laconia Street) Report - set Public
Hearing for 3/24/93 tO Terminate the Conceptual
Development Plan and Initiate Rezoning (see 92.024)
- 3/3/93 agenda - ph set for 3/24/93 -- ph continued
until 5/26/93 - St. Paul Corporation to hold $65,000 in
escrow - 5/26/93 agenda - continuation of hearing -
hearing continued to 6/23/93 - extended to 7/28/92 -
staff authorized to go out to bid no later than 8/20/93
on Laconia improvement to ascertain dollar amount for
development agreement - public hearings scheduled for
9/22/93 and 10/13/93 - public hearings resoheduled for
11/10/93 and 11/24/93 - 11/24 changed to 11/17 -
11/10/93 ph approved - city Attorney will bring utility
agreement to Council - 11/17/93 2nd public hearing -
continued to 12/15/93 - R-93-62 development agreement
adopted - hold for execution until utility service
agreement is adopted - scheduled for 1/12/94
Reason:
Waiting for utility service agreement approval
for execution of development agreement
Sta$fRe_~g_~_~: City Attorney is working on agreement. - RV
93.089
Rea~pn:
Tennis Court Complex Report (see 93.013) - 3/3/93
agenda - Couacil concurred with concept & site - staff
to proceed to seek funding from IRC for fiscal 94 --
$/12/93 agenda - Jan Beach and Andrew Cortez address
City Council - 11/17/93 agenda - returned to City
Council for further direction - not at Acorn location -
direct staff to look at Schumann site, look at current
budget and contact Indian River County
Staff directed to look at Schumann site and
contact IRC
Staff Resmo~e:
Indian River County Recreation Consolidation
Committee Meeting 1/6/94. Will bring it up
then. - KOH
93.114
Indian River County Proposed Ethics Rules - %/7/93
agenda - staff to contact Florida League of Cities for
ethics codes
Reason:
FLC materials received - does Council want
this back on?
NIA
93 · 3.],5
Community Center/Yacht Club FeeWaivers - 4/7/93 agend~
- withdrawn from agenda by Corum indefinitely
Reason:
Waiting for further direction from
Councilmember Corum
Staf~~: N/A
93.119
Yacht Club Finger Pier Extension (see 92.140) - 4/7/93
agenda - deferred to 4/],4/93 agenda to supply new
council with sufficient info - 4/],4/93 discussion -
postponed for further info from Riomar regarding
Council concerns - future maintenance, insurance,
agreements, etc. - 7/7/93 -motion to proceed with
original plan and deny Fey request - 9/a/93 additional
Riomar services $500 approved
Reason:
Kept open until project completion
Permitting has been approved by the Department
of Environmental Protection, The permitting
drawings can be used as construction drawings
and the next step would be to advertise for
bids for its construction - DE
93.123
Propose~ Sign Ordinance - 4/7/93 agenda - staff to
draft ordinance as recommended except to grandfather
non-conforming signs, allow and limit off-premise signs
to 32 sq ft and designating them directional signs,
increase facade signs to 15% - ],2/],5/93 first reading
of ordinance No. 0-93-],8 - go back to 4X4 real estate
signs - 1st read accepted - ph 1/12/94
Reason:
Public Hearing scheduled for 1/12/94
S~ffRe$~onse: N/A
93. 124
Proposed Waterway Ordinance Re: Motors, Docks, Davits,
Etc. - 4/7/93 agenda - staff to draft ordinance as
recommended except transient live-aboard only 30 days
stay in 12 months - 12/15/93 first reading o~ ordinance
No. O-93-13 - 1st read accepted - ph 1/12/94
Reason:
Public Hearing scheduled for 1/12/94
Sta$$ Response: N/A
93. 140
Contamination Assessment Report Addendum - Central
Garage (see 92.201) -- 4/14/93 agenda - report - no
action - 11/3/93 City Engineer report - recommended
RFPs for another environmental consultant to prepare
bids for installation of groundwater equipment
Reason:
Waiting for preparation of RFP
Stq,,ff es~:
RFP's may not be required, total construction
cost is less than $120,000. If engineering
costs for the preparation of bid
specifications is less than $10,000 the staff
would be able to advertise for bids for
Engineering Services. - DE
93.184
Special Use Permit Application - Burn Permit - Saint
Sebastian PUD - 6/2/93 agenda - ph scheduled for
?/14/93 -- ph conducted and deliberation continued for
additional documentation
This item never closed out officially
This item should be closed with no further
action needed. - BC
93.18~
Schedule Joint Workshop with Code Enforcement Board -
6/2/93 agenda - scheduled for 6/16/93 -- discussion - no
action - Attorney will bring ordinance - 9'/1/93' review
O-93-16 -- deferred to Torpy for review of tape in
as a result of Sturm input
City Attorney review ordinance and bring back
(is on this workshop agenda)
Staff~: N/A
93.187
Druq Free Workplace - 6/2/93 agenda - policy concept
approved - staff to draft resolution to add '~0 SOP
~eason:
Waiting for resolution from staff
Sta$$~:
Is still in labor attorney,s office.
follow up. - WW
Will
93.201
Proposed ordinance Re: CATV Utilities - 6/23/93 agenda -
O-93-17 presented - postponed due to FCC announcement
on cable TV rules and
93.209
Cable TV Franchise - 7/7/93 agenda - Corum requested
review of franchise - no further action - 7/28/93 agenda
discussion under City Attorney matters - 9/8/93 agenda -
Finance Director authorized to fill out FCC forms with
assist of city Attorney - RESOLUTION NO. R-93-$6 -
Seeking Certification to Regulate Basic Cable Service
Rates - adopted
Reason:
Waiting for FCC certification and further
regulatory ordinances, etc.
Staff R,e. suonse:
City was 'certified on 1I/8/93 - regulatory
ordinance must be adopted within 120 days of
receipt of certification - there is a rate
freeze in effect until 2/15/94 -recommend
adoption of the ordinance by 2/£$/94. - CM
93.233
Review Utilities Policies Re: Water/Sewer Shut-Off -
7/28/93 agenda - staff to brinq back writte~ policy -
consensus to direct staff to cease billing when service
disconnected - 8/11/93 agenda
Reaso.~:
waiting for policy from staff
Have contacted other municipalities for
policies. Will bring back in early '94. - RV
93.245
Bid Specifications for Window Replacement in City Hall -
8/11/93 agenda - staff authorized to bid project
Waiting for Did documents from staff
Staff Resmonse:
Staff has completed the bid documents with the
help of a window manufacturer. The only item
left out was the actual fastening connections
of the window to the structure. Working with
Ed Schilt (architect) for detail since he has
experience with this type of structure. - BC
6
93.246
set Public Hearing for September 8, 1993 to Amend
Henry A. Fischer Mulch/Burn Special Use Permit &dopted
by Resolution No. R-92-33 to Enlarge Area and Change
Expiration Date - 8/11/93 agenda - ph set for 9/8/93 --
rescheduled for 10/13/93 -- ph continued to 10/27/93 -
five year extension rejected - amendment to legal and
site survey approved - Attorney to draft resolution
Resolution to amend legal has been drafted,
however, should it wait until after 1/i3/94
public hearing on extension
Staff Response: N/A
93.248
Rick Giteles - Sebastian River Area Chamber of Commerce
- Negotiate Possible Building Exchange - Chamber of
Commerce/Old Library - 8/11/93 agenda - held in abeyance
for review of other city financial matters - will give
Chamber 1st consideration
ReasQ~:
File open for further direction
Staff Res~onse:
May require further City Council discussion. -
MS
93.260
Proposed Ordinance Re: Special Use Permit Procedures-
Direct City Attorney to Draft Or4inance - S/25/93 agenda
- directed to draft
Staff Response.:
Waiting for ordinance from Attorney
Received Ordinance No. 0-93-22 on 12/14/93 and
will set this for first reading in January
1994. - BC
93.261
Report Regarding First Union Bank's Intention to
Foreclose on Carl R. Julian Property Known as St.
Sebastian P.U.D. - 8/25/93 agenda - staff to ~nvestigate
value of PUD property - 9/1/93 Director of Community
Development authorized to review bank records and sign
confidentiality agreement with First Union Bank ~
9/1S/93 City Council directed staff to negotiate
purchase - 10/6/93 special meeting - motion not buy note
under current terms - 11/10/93 attorney matters - staff
still pursuing purchase of property
Reason:
File open for further report from staff
~ Response: City Attorney is monitoring the foreclosure. -
7
BC
93.262
Set Public Hearing on Request from Richard Fey for
Special Use Permit for Mulching Facility for 9/22/93 --
8/25/93 agenda - ph set for 9/22 - ph continued to
10/13/93 - denied - writ of certiorari 11/17/93 City
Attorney directed to contact Fey Attorney to propose re-
hearing
Reason:
Attorney attempting to schedule re-hearing
Staff Response: N/A
93.267
Proposed Land Use and Zoning Amendments Regarding
Riverfront Zoning (see 93.010) -- 9/1/93 Agenda - sent
back to P & Z for recommendation - 12/1/93 agenda -
review Planning and Zoning Commission recommendation Re:
Riverfront District Rezoning - staff directed to contact
property owners between Main and Davis. and east of U.S.
1 to river to schedule meeting to determine what they
want
Staff to schedule meeting with property owners
Staff Response:
Staff is' working on list, Acting city Manager
will city Council for further direction to
ascertain whether the City Council wishes
to meet with the property owners or have
staff do it. - BC
93.268
Review Park Policy - 9/1/93 Agenda - discussed and
postponed to later workshop
Waiting for staff to meet to discuss proposals
and bring item hack to Council
~Res~ons~:
Staff meeting will De scheduled after 1st of
year. - KOH
93.269
Report Re: Old Church on Bob Circle - 9/1/93 ~genda -
staff authorized to initiate enforcement proceedings -
repair or demolish
Reason:
Status?
Response:
Deadline is January 12, 1994. If no plans are
received by deadline, the city will have the
structure demolished. - BC
8
93.296
City Manager Job Description and Recruitment Costs -
10/6/93 agenda - see minutes for approvals of salary
range, job description w/ addition, ad locations,
screening committee - discussion only
File open until recruitment complete and
job description amendment - must be done by
resolution
$ta~$~:
Job description Resolution will be placed on
the 1/12/94. - WW
93.300
Planning and Zoning Recommendation - Allow Drive-Through
Facilities for Business and Professional Offices -
Direct Attorne~ to Draft Ordinance - 10/6/93 agenda -
Attorney directed - 12/15/93 first reading of Ordinance
No. 0-93-20 - 1st read accepted - ph 1/12/94
Reason:
Public Hearing scheduled for 1/12/94
stars Resuonse: N/A
93. 312
Construction Board - Reappoint John Laman and Jerald
Smith for Additional Three Year Terms to Expire
September 30, 1996 - 10/13/93 agenda - not addressed -
carried to 10/27/93 agenda - postponed to 11/10/93 --
Laman reappointment sent back to Construction Board -
clerk to review whether any other applications on file
Smith reappointed to three year term to expire 9/30/96
Reason:
No appointment made as yet (is on this
workshop agenda)
Staff Response:
NIA
93.332
Rear Drainage Pipe Installation - Unit 13 Between
Seahouse and Whit. more - 11/3/93 agenda - staff to find
funding and go out to bid for installation of-wipe
Waiting for staff to bid
StaSfRe_~onse:
Prior to bidding and installation, a permit
from SJRWMD will berequired. I am currently
in the process of soliciting prices from
engineering companies to do the permits. - DE
93.337
Sebastian Municipal Community Compatibility Study and
Airport Master Plan (see 89.003) - 11/10/93 ph -
approved - city Attorney directed to draft ord for
charter amen4ment - suggested informal public forums -
1st reading should be 12/15/93 - 12/1/93 agenda -
discuss proposed Ordinance No. 0-93-21 - Charter
revision - city Attorney directed to include deletion of
2nd full paragraph of paragraph 10 of section 1.02 -
12/15/93 first reading of revised 0-93-21 -- 1St read
accepted - ph 1/12/94
Reaspm:
Public Hearing on 0-93-21 scheduled for
1/12/94 - see 93.246
Staff Response:
N/A
93.3S4
Planning and Zoning Commission Recommendation Re: Limit
Number of Private Vehicles Parked at Residence - 12/1/93
agenda - City Attorney directed to draft ordinance
City Attorney reviewing constitutionality of
limiting vehicles parked
Staff Response:
Going back to P & Z due to the existing
proposal is unconstitutional. - BC
93.356
Henry Fischer -Request for Amen4ment of Special
Use Permit for Mulching/Burning Facility - Extension -
- 12/8/93 agenda - hearing opened - not conducted but
continued to 1/13/94'
Reason:
Public Hearing scheduled for 1/13/94 special
meeting
staff Response: N/A
1992 PENDING ITEMS
92.040
Stratton Avenue - Review Possible City Acceptance
Between U.S. 1 and Unit 17, Sebastian Highlands -
Council concurred w/ acceptance - Attorney t= draft
documents to brinq back to Council - change name to
Barber Street - see 93.059 for Resolution No. R-93-03
name change - file remains open per 4/7/93 action on
pending list
Reason:
No acceptance thus far
Staff Re__~onse :
A meeting with the owner and his engineer has
completed the as built plans, however, outfalI
easements for the stormwater retention must be
provided. - DE
10
92.069 Kimley-Horn - Traffic Circulation Study
Presentation -- 2/26/92 agenda - presented - see 91.163 -
file remains open per 4/7/93 action on pending list
Reason:
Staff~:
Waiting for completed study
Received final study in December. Staff is
currently putting together a right-of-way map
for Gibson Street to present the traffic
circulation study, with a recommendation that
the County place the right-of-way improvements
for Gibson Street on the 20 year traffic
improvement program. - DE
92.259 Bond Money for Street Repair - 9/23/92 agenda - staff to
do analysis of other municipalities financing methods
- file left open per 4/7/93 action on pending list
Reason: Waiting for staff (Finance) report - should
this file be closed or is Council still interested
Sta$f~:
Local option gas tax and infrastructure tax
are bondable. May need further City Council
direction. - MS
1991 PENDING
91.119
Airport FBO Minimum Standards - 4/24/91 agenda - JVA to
continue draft - survey other airports - work with
staff - file remains open per 9/4/91 Council action on
pending list - file left open per 4/7/93 action on
pending list
Waiting for report
Staff~:
Was held in abeyance for completion of the
Airport Master Plan. Can be looked at in the
future. - JVA
11
1990 PENDING LIS~
90.186
RESOLUTION NO. R-90-28 - Grant Easement to Indian River
County - 8/8/90 agenda - adopted - easement has not yet
been sent to County Attorney for recording since FAA
approval has not been obtained - open file per 9/4/91
Council action on pending list - file left open per
4/7/93 action on pending list
Reason:
This item has remained on the list since the
resolution was never executed and recorded
because FAA approval was never obtained.
Staff~:
I believe the easement was utilized in 1990.
May have been held in abeyance pending GDU
negotiations. Will need to be looked at. -
JVA/ KOS
12