HomeMy WebLinkAbout01121994 Cit~, of Sebastian
i POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589*5330
I FAX 407-589-5570
I AGENDA
SEBASTIAN CITY COUNCIL ..
I REGULAR MEETING
WEDNEcS?T~; JANUARY 12, 1994 - 7:00 P.M.
COUNCiL CHAMBE~
I 1225 MAIN STREET, SEBASTIAN, FLORIDA
i ' FFiCE OF THE CITY CLER ,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. K
lff~dtoUa~L~_,..s~__.l__.addres,$' the:. Ci~ Co.u~l. with resp..ect to agenda items immediately
I 1:'_;" _ aea, oe, ranon ojt.ne ttem oy me. c'try ~Councd if they have signed the sign-up
sneer provided prior to tae meeting - limit often minutes per speaker (R-93-19J
I 21.. CALL 'TO ORDER
2. PLEDGE OF ALLEGIANCE
I 3. IC~urOcC~TION- Reverend R. Harold Lee - First Baptist
I 4. ROLL CALL
5. AGENDA HODIFICAT_.ION~ ~ AND/OR ~ _
I Items not on the written agenda may be added only
upon unanimous consent of the council members present
(Resolution No. R-93-19).
I ~. ~oc,.~:~o~ ~/...o,~ ~*o.~c~.~ ,~1
I
93.337
PGS '1-7
PUBLIC HE~RING= F__INAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: A~yone wishing to speak is asked to go
to the podium and state his/her name and address f6r
the record prior to addressing the Council.
ORDINANC~ ~0. 0-93-.~t - Placing Referendum
Language on March 8, 1994 Ballot Re: Airport
- 2nd Draft (City Clerk Transmittal dated 1/5/94,
0-93-21)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS
TO SECTION 1.02 OF THE CITY CHARTER TO DELETE
PORTIONS THEREOF W~ICH WOULD INTERFERE WITH THE
IMPLEMENTATION OF THE MASTER PLAN FOR THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR THE DELETION OF THE
SECOND FULL PARAGRAPH OF PARAGRAPH (7) OF SECTION
1.02' OF THE CITY CHARTER; PROVIDING FOR THE DELETION
OF SUBSECTIONS (7.1), (7.2), (7.3), (7.4), (7.5)AND
(7.6) OF SECTION 1.02 OF THE CITY CHARTER IN THEIR
ENTIRETIES; PROVIDING FOR THE DELETION OF THE SECOND
FULL PARAGRAPH OF PARAGRAPH (10) OF SECTION 1.02 OF
THE CITY CHARTER; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE
TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR A PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/15/93,
Advertised Legal Notices 12/29/93)
93.124 B. ORDINANCE . -~ - - '
PGS 9-16 (Director
~\)~ dated 12/20/94, O-93-13)
.~' ' ~.~ 0 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
~. ~'._ Y COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, SECTION
3~ ~ ~ ~. 2OA-S.10 OF THE U~D D~E~OP~ENT CODE OF TH~ CITY OF~
~C~ .~ ~i~ SEBASTIAN PERTAINING TO REGULATION OF WATERWAYS,
.~F/.~.J ~. ~.~,~ WATERCRAFT AND MARINE RELATED STRUCTURES; PROVIDING
~3~a~l $ FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
1~3 ~v\?~ CONFLICT HEREWiTh; PROVIDING FOR CODIFICATION;
%\ a~CF~]~ PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN
~.~ ~ ~% EFFECTIVE DATE. (lst Reading 12/15/93~ Adver%ised
C. ORDINANCE NO. O-93-~8 - Sign Regulations
93.123
PGS ~?-4S (Director of Community Development Transmittal
dated 12/20/93, 0-93-18)
COUNTY, FLORIDA, AMENDING DIVISION IV, ARTICLE XV,
SECTION 20A-15.1 ET. SEG., OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN PERTAINING TO SIGN
REGULATIONS IN ITS ENTIRETY; PROVIDING FOR REPFJ~L OF
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
~ (1St Reading 12/15/93, Advertised Legal Notices
12/29/93)
93.300 D. ~RDINANCE NO. D-93-20 - Drive-Through Facilities
PGS 49-53 (Director of Community Development Transmittal
dated 12/20/93, 0-93-20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-
3.9(C), 20A-6.1(C) (9) (a) AND 20A-6.1(C) (9) (b) (4) OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
PERTAINING TO CL, LIMITED COMMERCIAL DISTRICTS, BY
PERMITTING DRIVE-THROUGH FACILITIES AS CONDITIONAL
USES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
12/15/93, Advertised Legal Notices 12/29/93)
OONSSNT AGENDA
All items on the consent agenda are considered to be
routine and will be enacted by one motion. There
wi22 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.
PGS 55-78 A.
94.009 B.
94.007
~GS 85-101
Approval of Minutes - 12/15/93 Regular Meeting,
1/5/94 .Workshop
~ESObUTION NQ. ~-94-0~ - Vacation of Easement
(City Clerk Transmittal dated 1/5/94, R-94-01,-
City Engineer Memo dated 12/14/93, Application,
Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE SOUTHEAST THREE FEET OF LOT 4
AND THE NORTHWEST THREE FEET OF LOT 5, PUBLIC UTILITY
AND DRAINAGE EASEMENT OF BLOCK 1, INDIAN RIVER HILLS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED
iN PBI 4-51, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-94-0~ - FDOT Highway
Beautification Grant and Maintenance Memorandum
of Agreement - U.S. 1 Corridor (City Engineer
Transmittal dated 1/6/94, R-94-02, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO ENTER INTO DISTRICT FOUR (4) HIGHWAY
BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF
AGREEMENT DSF AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION (HEREINAFTER
"DEPARTMENT") AND THE CITY OF SEBASTIAN (HEREINAFTER
"CITY"); PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
94.005
PGS 103-110
94.003
PGS
94.010
PGS 117-121
94.011
PGS 123-128
94.012
PGS 129-131
94.013
PGS 133-138
~ESOLU~ION NO. R-9~-03 - Interlocal Agreement
Establishing "Council of Public Officials" (City
Clerk Transmittal dated'!/6/94, R-94-03, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, AN INTERLOCAL
AGREEMENT AMONG INDIAN RIVER COUNTY, ITS
MUNICIPALITIES AND SCHOOL BOARD; ESTABLISHING A
"COUNCIL OF PUBLIC OFFICIALS" IN ACCORDANCE WITH
SECTION 163.02 OF THE FLORIDA STATUTES; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
E. ~ NO. R-9~-05 - Establishing Equity
Study Commission Re: Occupational Licensing (C~ty
Clerk Transmittal dated 1/6/94, R-93-05)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING AN OCCUPATIONAL LICENSE
EQUITY STUDY COMMISSION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
F. ~ N0___=.-~~-06 - Revised City Manager Job
Description (Personnel Director Transmittal dated
12/28/93, R-94-06, Job Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF CITY MANAGER; PROVIDING FOR INCLUSION OF
SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN'S
STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Authorization for Special Counsel on Utility
Matters - Attorney Thomas Cloud - Not to Exceed
$20,000.00 (Finance Director Transmittal dated
1/6/94, Finance Director Memo dated 12/27/93,
Invoice)
Settlement - Wage and Hour Complaint - Police
Department Dispatchers - Appropriate $3,169.57
for Settlement per Department of Labor (Personnel
Director Transmittal dated 1/5/94, Dept. of Labor
Letter dated 12/27/93)
Receive Code Enforcement Orders - Gehrig (93-
8894), Dernbach (93-8593)
94.014 J. Bill Doyle - Specimen Tree Removal Request - Two
PGS 139-141 Oaks - Lot 9, Block 302, Sebastian Highlands Unit
~ 10 (Director of Community Development Transmittal
A~ .,A/dated 12/16/93, Application, Survey)
10
~.cITY ~~~S~'~. ~
%1. CITY MANAGER MAT~ER$
COMMITTEE REPORTS! R~COMMENDAT IDNS
//~3.260 A. ORDINANCE NO. ~ - Special Use Permit
PG$ 143-147 Procedures (Director of Community Development
Transmittal dated 12/20/93, 0-93-22)
1st Reading, Set Public Hearing 2/9/94
~ ~ L~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
'%~.~ COUNTY, FLORIDA, AMENDING CHAPTER 20A, ARTICLE II,
I SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE
' CITY OF SEBASTIAN, PERTAINING TO SPECIAL USE PERMITS;
~ PROVIDING FOR REPEL OF ORDINANCES OR P~TS OF
O\~ ' O~INANCES 'IN CONFLICT HEREWITh; PROVIDING FOR
PROVIDING FOR AN EFFECTIVE DATE.
93.186 B. ORDINANCE NO. O-93-16 - Code Enforcement Board
PGS 149-162 (DireC{°r o--~-C~y Development Transmittal
dated 1/6/94, 0-93-16)
1st Reading, Set Public Hearing 2/9/94
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
94.015 C. Indep.enden~ Internal Control Study of Golf Course
P~S~ 163-165 Opera,ions - Hoyman, Dobson & Co. - Not to F~xceed
/ J ~ $5,000.00~ (Finance Director Transmittal 1/6/94) dated
0 /'~ 1/6/94, Finance Director Memo dated
94.016 D. Authorize SCT On-Site Utility Training - Not to
PG~S 167-170 Exceed $3,500.00 (Finance Director Transmittal
~ ~ da~ed 1/6/94, $CT Letter dated 12/14/93)
94.017 E. Terminate Membership and Participation in TRICO
P~S 171-197 Self-Insurance Program - Workers
Compensation
ff( and General Liability (Finance Director
Transmittal dated 1/6/94, Finance Director Memo
~6~ i .I/~.~ dated 1/6/94, TRICO Letter dated 12/16/93,
McClary Letter dated 7/1/93, Finance Director
Memo dated 4/28/93, TRICO Agenda & Proposed
Rates, Finance Director Memo dated 8/13/93, TRICO
Insurance Coverage Summary, 93 TRICO Financial
Statement, Excerpts from TRICO By-Laws and
9/30/92 Audit)
94.018 F. _Renew Mem_bership and Participation in Florida
PGS 199-201 ~b ~.ea.gue of Cities - Self-Insurance Pro,ram -
~0~4'~*~! Wor~er$ Compensation and General Liability
~ / ~ , 00 (Finance Director Transmittal dated 1/6/94,
FLC Letter dated 1/7/94, FLC Proposal to be
~ t/ Distributed 1/10/94)
94. 019 G. Water and Wastewater Master Plan for City of
~S 205-218 Sebastian - ~ngage Hartman and Associates, inc. -
~.~/~ $59,247-74 (Utilities Director Transmittal dated
12/30/94, Proposal) ..S",~,~',~ ~1
94.020
PGS 219-221
94. 021
~ PGS 223-226
94.022
PGS 227-228
H. Elimination of Assistant Golf Pro Position -
Replace with Fourth Part-Time Desk Clerk (This
Does Not Delete the Job Description) (Golf
Course Manager Transmittal dated 1/5/94, R-93-22
and Description)
.~,~'~.'
I. Trinity Lutheran Church Request to Abandon Right-
of-Way (Director of Community Development
Transmittal dated 12/29/93, Bigoness Letter dated~~
12/4/93 w/ Site Plan, City Engineer Memo dated
12/17/93)
J. Knights of Columbus - Request Use of Riverview
Park North - Carnival - February 3, 4, 5 and 6,
1994 (Director of Community Development
Transmittal dated 1/5/94, Dernbach Letter dated
1/4/94)
11. MAYOR ~ CITY COUNCIL ~ATTERS
A. Mrs. Carolyn Corum
B. Mrs. Norma Damp
C. Mr. Robert Freeland
D. Mayor Lonnie R. Powell
'- E. Vice-Mayor Frank Oberbeck
16. INTRODUCTION Q~IFEW BUSIN]~SS BY THZ ~UBLIC (Which is NOt
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
17. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THiS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE'THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
8
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Ordinanc.e No. 0-93-21
Charter' Revision Re: Airport
APPROVED FOR SUBMITTAL BY:
City Manager~/.~, ~/
Dept. Origin C_~ ~
Date Submitted 6~
For Agenda Of
Exhibits:
* 0-93-21 (2nd Draft)
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
The City Council, at its November 10, 1993 regular meeting,
approved the Airport Master Plan and the City Attorney was
directed to draft language to place a referendum on the March 8,
1994 ballot to delete conflicting language from the Charter.
The City Council, at its December 1, 1993 workshop, directed the
City Attorney to amend proposed Ordinance No. 0-93-21 to effect
deletion of the second full paragraph in 10 of section 1.02. The
resulting second draft was presented for first reading on
December 15, 1994, accepted and scheduled for public hearing on
January 12, 1994.
Ordinance No. O-93-21 is presented to you for public hearing in
the same form as was presented at the first reading on December
15, 1994.
If adopted, the referendum question will be placed on the March
8, 1994 ballot.
RECOMMENDE
Move to adopt Ordinance No. 0-93-21.
ORDINANCE NO. 0-93-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING A~ ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS TO
SECTION 1.02 OF THE CITY CHARTER TO DELETE PORTIONS
THEREOF WHICH WOULD INTERFER~WITH THE IMPLEMENTATION OF
THE MASTER PLAN FOR THE SEBASTIAN MUNICIPAL AIRPORT;
PROVIDING FOR THE DELETION OF THE SECOND FULL PARAGRAPH
OF PARAGRAPH (7) OF SECTION 1.02 OF THE CITY CHARTER;
PROVIDING FOR THE DELETION OF SUBSECTIONS (7.1), (7.2),
(7.3)', (7.4), (7.5) AND (7.6) OF SECTION 1.02 OF TH~ CITY
CHARTER IN THEIR ENTII~ETIES; PROVIDING FOR THE DELETION
OF TH~ SECOND FULL PARAGRAPH OF PARAGRAPH (10) OF SECTION
1.02 OF THE CITY CHARTER; PROVIDING FOR THE MAN1TER IN
NHICHSUCHELECTION SHALL BE CONDUCTED; PROVIDING FOR THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A
COPY OF THE ORDINANCE; PROVIDING FOR A PUBLIC NOTICE OF
SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the
governing body of a municipality may submit to the electors of that
municipality a proposed amendment to all or part of its charter;
and
WHEREAS, the city Council of the City of Sebastian, Indian
River County, Florida, (the "City Council") has determined that
certain revisions should be made to the City Charter in order to
delete provisions contained therein which would impair the ability
of the City to implement the Master Plan for the Sebastian
Municipal Airport which was previously approved by the City
Council; and
WHEREAS, the City Council desires to submit the amendments to
the City Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAE RIVER COUNTY, FLORIDA, as follows:
~. That the existing Section 1.02 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting the second full paragraph of Paragraph (7) of Section 1.02
in its entirety whereby, hereafter, Paragraph (7) of Section 1.02
shall read as follows:
'"(?) Airports. To purchase, acquire, take, hold,
establish, construct, equip, maintain and operate
municipal airports, landing fields, hangars, aviation
terminals and administration buildings, runways, depots,
warehouses, garages, repair shops, oil and fuel tanks or
stations, or other necessary appurtenances for the use of
airplanes and other aircraft, and to acquire or lease any
and all real property within the corporate limits, or
within ten (10) miles of the boundaries thereof, for such
purpose; to set apart and use for such purpose any real
property owned or leased by the city, whether or not
originally acquired by condemnation, purchase or lease
for another purpose; to adopt and enforce reasonable
r~les and regulations governing the use of such municipal
airports; to employ airport directors, airport managers,
employees or agents in connection with such operation; to
impose fees or charges in connection with the use of such
airport or airport facilities; to sell gasoline or other
supplies necessary in connection with the operation of
such airports; to provide lounges, eating places,
refreshment parlors and other facilitates in connection
with such municipal airports; to let or lease to private
persons or corporations portions of the said airports for
building sites, hangar space, concessions or other uses
for a term not to exceed twenty (20) years; tc prescribe
and promulgate reasonable rules and regulations for the
operation of such airports, and to exercise supervision
and control of such operation; to accept and receive
grants from the state and federal governments and any
body politic for the construction, maintenance, operation
and management of such airport facilities."
~. That Subparagraphs (7.1), (7.2), (7.3), (7.4),
(7.5) and (7.6) of Section 1.02 of the City Charter of the City of
Sebastian, Florida, are hereby deleted in their entirety.
~. That the existing Section 1.02 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting the second full paragraph of Paragraph (10) of Section
1.02 in its entirety whereby, hereafter, Paragraph (10) of Section
1.02 shall read as follows:
"(L0) Gc~f ~curse. To acquire, construct, own, and
operate a golf course or golf courses and all such
buildings and improvements as said city may deem
necessary or desirable for use in connection therewith,
within or outside of the limits of said city; to use any
lands now owned by said city for the purpose of a golf
course or golf courses, and to acquire by purchase,
lease, condemnation or other%,ise for such purposes any
lands within or outside the limits of said city as it may
deem necessary or desirable, to charge reasonable
admissions, rentals or fees for the use or enjoyment of
such golf course or golf courses by the users thereof,
and prescribe reasonable rules and regulations for the
use .~nd operation thereof.,,
Section..~. An election is hereby called and scheduled to
be held on March 8, 1994, to determine whether the revisions to the
City' Charter of the City of Sebastian, Florida shall be approved by
a majority of the votes cast in such election, in which the
qualified electors residing in the City of Sebastian shall
participate.
Section 5. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, Florida, in
the regular election as determined under the applicable provisions
of Florida law, which are currently as follows:
PRECINCT ~OLLING PLACE
Precinct 12 .......................... The Sebastian Community Center
1805 North Central Avenue
Precinct 14 .......................... First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 .......................... The North Indian River County
Library
1001 Fellsmere Road (CR 512)
Precinct 16 .......................... Sebastian Elks Lodge No. 2714
731 South Fleming Street
Section ~. The purpose of this election shall be to
present a referendum issue to the electors of the City of Sebastian
of whether or not to adopt revisions to the City Charter. The
ballot shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Rsf~endu~ No. ~: Amending City Charter to delete provisions
interfering with implementation of Sebastian Municipal Airport
Master Plan.
Shall the City of Sebastian amend Section 1.02 of the City
Charter by deleting the second full paragraph of Paragraph (7),
deleting Subparagraphs (7.1), (7.2), (7.3), (7.4), (7.5) and (7.6)
in their entireties, and deleting the second full paragraph of
Paragraph (10), to facilitate the implementation of the Master Plan
for the Sebastian Municipal Airport by removing provisions of the
City Charter that are in conflict with the provisions of the Master
Plan?
Yes for Approval
No for Rejection
Section 7. Effective Date. This Ordinance shall become
effective immediately upon its adoption.
5
The foregoing Ordinance was moved for adoption by Council
Member The motion was seconded by
Council Member and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Preeland
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
By:
Lonnie R. Powell, Mayor
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero 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
3,
and
that following maid public hearin-~-~his Ordinance was p~s by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
CiO, of Sebastian
1225 Main Street u SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
32958
SUBJECT: PUBLIC HEARING REGARDING
ORDINANCE O-93-13 REGARDING
RESTRICTIONS ON WATERWAYS
Approval for S~bmittal By:
City Manager ~..~/~
) Dept. Origin: CommuDity..DevelQpment..
) Date Submitted: 12/20/~$ .(BC
)
) For Agenda Of: . 01/12/94
)
) Exhibits:
) 1. Ordinance 0-93-13
)
)
E~E~ITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
.SUM~Y STATEME.N. T
At its regular meeting of December 15, 1993, the City Council approved first
reading of Ordinance O-93-13 and set the public hearing for January 12, 1994.
There were no changes to this ordinance at the meeting of the first reading.
RECOM~jENDED ACTIO~
Move to approve Ordinance O-93-13.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, SECTION 20A-
5.10 OF THE LAND DEVELOPHENT CODE OF THE CITY OF
SEBASTIAN PERTAINING TO REGULATION OF WATERWAYS,
WATERCRJ~FT AND MARINE RELATED STRUCTURES; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
ZEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has
determined that an amendment to the Land Development Code of the
City of Sebastian, pertaining to waterways, watercraft and marine
related structures is necessary in order to regulate the location
of docks, davits and structures accessory thereto within the local
canals and lakes within the City of Sebastian, to regulate the use
of self propelled boats within local canals and lakes and also to
regulate live-aboard activity within waterways of the City of
Sebastian; and
WHEREAS, the 'City staff has prepared revisions to the Land
Development Code consistent with the Council's desires; and
WHEREAS, the City Council has determined that an amendment to
the Land Development Code relating to waterway regulations is
necessary to protect the public health, safety and welfare of the
City of Sebastian's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
Section ~. Section 20A-5.10 of the City of Sebastian Land
Development Code is hereby amended in its entirety as follows:
"SECTION 20A-5.10 REGULATION OF WATERWAYS, WATERCRAFT AND MARINE
RELATED STRUCTURES.
A. Definitions.
The Following words, terms and phrases, when used in this
article shall have the means ascribed to them in this section,
except where the context clearly indicates a different meaning:
1. Boat or. vess.~l. Every description of self-propelled
watercraft used or capable of being used as a means of
transportation on water, including all types of boats and all uses
thereof. As used herein, the terms boat or vessel are synonymous
with watercraft.
2. ~loatinq hom~. Any waterborne structure designed for or
used primarily as a dwelling which either does not have an operable
motor on board at all times, or which is not capable of manual or
self-propulsion and controlled steering for removal from the dock
in the event of an emergency.
3. .Live-aboard vessel~ Any vessel used solely as a
residence for a period of more than thirty (30) days in a twelve
month period.
4. Regular ~oorinq of vatercraft. Any vessel moored,
anchored, or docked in the same general area at least eight (8)
hours within any day (twenty-four (24) hour period), for ten (10)
days, not necessarily consecutive, within any calendar month.
5. Transient live-abo, ard. vesse~. Any vessel used solely as
a residence for a period of less than thirty (30) days in a twelve
month period.
6. Watercraft. See definition for "Boat or Vessel".
7. Water~deDendent., Any activity, building or use which
requires that it be conducted or constructed upon one of the waters
of the state, to ensure its existence.
8. Water-re!.ate). Any activity, building or use associated
with utilization of the waters of the state.
9. Waters of the. Ci..~y~ Watered routes within the city
limits, potentially transitable, which were established as outlets
from federal and state sovereign waterways and are subject to
federal pre-emption; or waters over lands held in trust by the
State of Florida Trustees of the Internal Improvement Trust Fund
(TIITF); or waterways platted as drainage easements or canals and
deeded to the City of Sebastian to be maintained as stormwater
management districts, and which, from time to time, following
action by the controlling body after rain events or other reason,
2
fill sufficiently to sustain the draft of a boat or vessel thus
allowing use of the waterway as a roadstead for waterborne
transportation.
B. Docks, piers, wharves, davits, lifts and pilings.
Accessory docks and unwalled boat shelters, davits, lifts and
pilings, shall be permitted and erected in accordance with the
following regulations.
All docks, piers or wharves and associated pilings, and
all davits or lifts whether associated with a dock or
erected separately, shall require a building permit from
· the Community Development Department and other applicable
permit(s), as required, through the State of Florida
and/or federal regulatory agencies, including the U.S.
Army Corps of Engineers and/or any other agency having
appropriate jurisdiction.
Ail docks, pilings or wharves, as permitted, shall be
located so as to not interfere with the riparian rights
of adjacent properties.
All docks, piers, wharves, davits and lifts, as
permitted, shall be located to meet the following
requirements:
Local canals and lakes - Said structure is located
within the center one-third (1/3) of the waterfront
footage of the property and shall not extend
further than 20 feet or one-third (1/3) of the
width of the waterway, whichever is the lesser
distance.
b. Indian River Lagoon & Sebastian River - As
permitted by applicable State and Federal
regulations.
All off-shore pilings shall not project further above the
surface of the water than is reasonably necessary for
their use and be located no further from the rear
property line than:
Local canals and lakes - 20 feet or 1/3 the width
of the waterway, whichever is the lesser distance.
Indian River Lagoon or
permitted by applicable
regulations.
Sebastian River - As
State and Federal
This section notwithstanding, alternate site plan
specifications may be presented to the planning and
zoning commission for review and approval, as deemed
necessary by the applicant.
C. Regular mooring of water=raft / live-aboard regulations.
1. The following restrictions shall apply to regularly
moored watercraft:
Regularly moored watercraft shall not be permitted
as business offices or other related commercial
enterprises. This provision shall not preclude the
regular mooring of watercraft for fishing
operations, charters, pleasure and other water-
dependent uses, provided said mooring is located at
an approved private dock, commercial marina, or
approved anchorage identified by the United States
Coast Guard and depicted on nautical charts.
All watercraft shall have the right to navigate
within waters of the City, and may anchor in
locations not otherwise restricted by local, state
or federal regulation.
Ail watercraft utilizing the waters of the City
shall be maintained in a seaworthy condition,
except when in a permitted repair area.
Under no circumstances shall any vessel anchor or
moor in .areas that have been determined by the
Florida Department of Natural Resources as
protected areas for wildlife and plant life in the
submerged lands. And in no event shall any owner
or operator of any vessel discharge any untreated
human waste from said vessel.
Live-aboards are not permitted within the City of
Sebastian.
fe
Transient live-aboards are permitted within the
City of Sebastian subject to the following
conditions:
Any commercial marina within the City limits
may maintain moorings and/or slips at docks
for transient live-aboards, to encourage the
use of the waterways of the City and to
promote an increase in the economic base of
the community.
(a)
All such facilities shall provide litter
receptacles and marine sanitation pump-
out facilities as required by the Federal
Environmental Protection Agency and the
Florida Department of Environmental
Regulation.
(b)
Such facilities may make available to
users of offshore moorings a dock
expressly for the purpose of accessing
said moorings by dinghy or other small
vessel; and may charge a reasonable price
for the use of said dock.
In all cases, users of U.S. Coast Guard-
approved anchorages or commercial facilities
shall maintain their vessels in seaworthy
condition, and shall:
(a)
Abide by reguirements to remove vessel
from said premises for good cause,
including but not limited to hurricane
conditions or other storms, navigational
hazards, or other unforeseen events.
(b)
Any regularly moored vessel with an
absentee owner shall be maintained in
seaworthy condition, and shall be removed
from its regular mooring to a safer
location following notification to do so
by federal, state or local regulatory
agencies, should weather or other
hazardous conditions preclude continuance
at the regular mooring site."
Boat Limitations on City Waterways.
Only boats powered by electric motors, canoes and paddle boats
may navigate local canals and lakes within the city limits of
Sebastian. The Sebastian River and the Indian River Lagoon are
excluded from this restriction.
Section 2. CONFLICTS. Ail ordinances or
ordinances in conflict herewith are hereby repealed.
parts of
Section 3. 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.
Secti.on 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this ordinance is invalid or unconstitutional, the 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.
~- EFPEOTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member The motion was seconded by
Councilmember 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 passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:'
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Vero 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 hear"~ing this ordinance was passed by the
City Council.
Ka~hryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and content:
Charles Ian Nash, City Attorney
City of Sebastian
1225 Main Street u SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
32958
SUBJECT: PUBLIC HEARING FOR
ORDINANCE 0-93-18 REGARDING
SIGN ORDINANCE
Approval for Submittal By:
Agenda Number: /~./~
Dept. Origin: Communi.t¥ DeveloPment
Date Submitted: 12/20193
For Agenda Of: 01/12/94
Exhibits:
1. Ordinance O-93-18
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular council meeting of November 17, 1993, the City Council
approved the first reading of Ordinance O-93-18 and set the public hearing
for January 12, 1994. This ordinance has been revised regarding Section 20A-
15.4(C) which referred to a wrong section number.
RECOMMENDED ACTION
Move to approve Ordinance O-93-18.
OR.DZNz~1CE NO. 0-93-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING DIVISION iV, ARTICLE XV,
SECTION 20A-15.1 ET. SEG., OF THE LAND DEVELOPHENT CODE
OF THE CITY OF SEBASTIAN PERTAINING TO SIGN REGULATIONS
IN iTS ENTIRETY; PROVIDING FOR REPEAL OF OItDINANCEB OR
PAR~S OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEFERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian,
desires ~6 promote and protect ~he public health, safety, and
general welfare of the citizens of City of Sebastian, Florida,
by regulating and limiting the existing and proposed posting,
display, erection, use, and maintenance of signs, billboards,
posters, bulletins and other advertising structures within the
City; and
WHEREAS, the City Council of the City of Sebastian,
further intends to protect the property values, create a more
attractive, economic and business climate, enhance and protect
the physical appearance of the community, preserve the scenic
and natural beauty of the City and provide a more enjoyable
and pleasing community byregulating and limiting the existing
and proposed posting, display, erection, use, and maintenance
of signs, billboards, posters, bulletins and other advertising
structures within the City; and
WHEREAS, the City Council of the City of Sebastian,
intends to improve vehicular and pedestrian safety, provide
more open space, curb the deterioration of natural beauty, and
reduce visual pollution by regulating and limiting the
existing and proposed posting, display, erection, use, and
maintenance of signs, billboards, posters, bulletins and other
advertising structures within the City; and
WHEREAS, the City Council of the City of Sebastian, deems
it necessary to amend its current sign regulations for this
purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section.../. Sign Regulation Amended.
Division IV, Article XV, Section 20A-15 et. Seq. of the
Land Development Code of the City of Sebastian, pertaining to
sign regulations, is hereby amended in it entirety as follows:
"DIVISION IV. SIGN ORDINANCE
ARTICLE XV. SIGN REGULATIONS
Sec. 20A-15.1. Purpose and intent.
It is the intent of this article to promote and protect the
public health, safety and general welfare of citizens of the
City of Sebastian, Florida, by regulating and limiting the
existing -and proposed posting, display, erection, use and
maintenance of signs, billboards, posters, bulletins and other
advertising structures within the City.
It is further intended to protect property values, create a
more attractive, economic and business climate, enhance and
protect the physical appearance of the community, preserve the
scenic and natural beauty of the City and provide a more
enjoyable and pleasing community. Also, it is intended hereby
to improve vehicular and pedestrian safety, provide more open
space, curb the deterioration of natural beauty, and reduce
visual pollution.
It is also intended to improve vehicular and pedestrian
safety, provide more open space, curb the deterioration of
natural beauty, and reduce visual pollution by regulating and
limiting the existing and proposed posting, display, erection,
use, and maintenance of signs, billboards, posters, bulletins
and other advertising structures within the City.
Sec. 20A-15.2. Definitions.
For the purpose of this article certain terms and words are
defined as follows:
Abandoned sign. A sign is considered abandoned if a business
advertised on that sign is no longer licensed, no longer has
a certificate of occupancy, or is no longer doing business at
the location noted on the siqn.
Add-on sign. Any additional sign added to a previously
permitted and/or conforming sign.
Advertising structure. Advertising structure shall mean any
structure installed for advertising purposes, with or without
any advertisement display thereon, situated upon or attached
to real property upon which any poster, bill, printing,
painting,.device or other advertisement of any kind whatsoever
may be placed, posted, painted, tacked, nailed or otherwise
fastened, affixed or displayed; provided, however, that said
term shall not include buildings.
A-frame sign. A movable sign not secured or attached to the
ground as required by this code.
Animated sign. A sign with physical or light action or motion
or the appearance thereof, including lenticulation, wind
actuated elements, rotating, oscillating, fluttering,
flashing, or swinging signs, banners, but excluding permitted
flags.
Background area of sign. The entire background area of a sign
upon which copy could be placed, in computing the area of a
sign background, only that face or faces which can be seen
from any one direction at one time shall be counted.
Banner. Any sign having the characters, letters,
illustrations or ornamentations applied to cloth, paper,
balloons or fabric of any kind with such material serving as
foundation. The word "banner" shall also include pennant or
any animated, rotating and/or fluttering device, with or
without lettering for design, and manufactured and placed for
the purpose of attracting attention.
Billboard (off-premises sign). Any sign, or framework
thereof, installed for the purpose of advertising merchandise,
services or entertainment, sold, produced, manufactured or
furnished at a place other than a location of such structure.
Building official. The words "building official" shall mean
the director of the Building Department, or any other person
so designated by the City Manager, and all persons working
under his/her authority and direction.
Building setback line. The building setback line is that line
established by the Land Development Code of the City of
Sebastian for minimum distance that buildings, or other
structures, must be from adjacent property lines or public
rights-of-way.
Changeable copy sign. A sign which has message characters
that are not permanently attached to the sign, but which are
attached to permit numerous changes of the message at the sign
site without repainting of any part of the sign or removal of
any parts of the sign except the characters to be changed.
City. Unless the context clearly discloses the contrary
intent, "City" shall mean the City of Sebastian, Florida.
Construction sign. A temporary sign identifying those engaged
in construction on any construction site while construction is
active pursuant to a valid permit issued by the City. This
includes all persons or artisans participating in said
construction.
Copy area of a sign. The actual area of the sign upon which
letters, marks or symbols are applied to any background area.
The copy area is computed by drawing straight lines closest to
copy extremities encompassing individual letters or words.
Development sign. A temporary sign advertising the sale or
rental of structures being constructed upon land which is
under development.
Directional sign. Any sign, permanently or temporarily
installed, on public property, by or with approval of the City
or any authorized governmental agency.
Double-faced sign. A sign with two (2) copy. area which are
parallel to each other and back to back with the maximum
distance between the copy areas not to exceed two (2) feet.
Electric sign. See Illuminated sign.
Engineer. The term "engineer" shall refer to a person
registered as a professional engineer by the State of Florida.
Entrance sign. An identification structure located at the
main entrance to a City approved subdivision or development.
The only advertising on the structure shall be the name of the
subdivision or development.
Facade. That portion of any exterior elevation of a building
extending from grade to the top of the parapet wall or eaves
and the entire width of the building elevation.
Flag. A piece of fabric of distinctive design, color or
pattern that is used as a symbol of some country, state,
county, city, political party, organization or other entity.
4
Flashing sign. Any sign, used for identification,
directional, advertising or promotional purposes, which flash,
blink, cut on and off intermittently, and are used as exterior
signs or interior signs visible from the public right-of-way.
Flat or wall sign. The term "flat or wall sign" shall mean
any sign erected parallel to the facade or on the outside wall
of any building and supported throughout its length by the
wall of the building.
Freestanding sign. A sign which is supported by one or more
columns, uprights, or braces in or upon the ground and
independent of any support from buildings or other structures.
· rontage street facade. That portion of the facade which
visible from any street. Only one street facade shall be
designated as frontage street facade.
Governmental sign. Signs owned by any governmental entity.
Ground sign. See Freestanding sign.
Home nameplate. A nameplate not more than one square foot in
area, indicating only the name of the occupant(s) or
identification of address.
Identification sign. One sign per business location not more
than three (3) square feet in area, painted on a wall used to
identify the name of the business located therein and/or its
principals and address. The top of said sign shall be no more
than eight(8) feet above ground level.
Illuminated sign. A sign in which a source of light is used
in order to make the message readable, including internally
and externally lighted signs.
Install.
device.
To erect or apply any kind of sign or advertising
Instructional sign. A sign conveying instructions or warnings
with respect to the premises on which it is maintained. (e.g.
· 'Dan~er-Bad DOG.", "Keep Off").
Marquee. Marquee shall mean a canopy or covered structure
projecting from and supported by a building, when such canopy
or covered structure extends beyond the building.
Marquee sign. Any sign attached to the side or front or hung
under a marquee, which sign shall not extend above the top of
a marquee or shall not be mounted upon the top of the marquee.
Message center sign. Any sign that can electronically display
words, numerals, and/or characters in a programmed manner.
Multiple-faced sign. A sign with more than one face.
Nonconforming sign. Any sign which does not comply with the
regulations of this sign ordinance, or subsequent amendments.
Off-premises sign. See Billboard.
On-premises sign. See Point of purchase sign.
Painted sign. Any sign painted on any surface, including the
roof of amy building or structure, visible from any public
right-of-way or from the air space above the structure.
Parapet. That portion of the facade which extends above the
roof line.
Person. The word "person" shall include individuals,
corporations and any other entity capable of acting in its own
.or represetative capacity.
Point of purchase sign. The term "point of purchase sign"
shall mean any structure, device, display board, screen,
surface or wall, upon which characters, letters or
illustrations are placed thereto, thereon or thereunder, by
any method or means whatsoever, where the matter displayed is
used for advertising, on the premises, a product or service
actually or actively offered for sale or rent thereon or
therein.
Pole sign. See Freestanding sign.
Political sign. Any sign urging the election or defeat of any
candidate seeking any political office, or urging the passage
or defeat of any ballot measure, but does not include any
billboard owned or maintained by a commercial firm or
advertising company.
Premises. A distinct unit or parcel of land
buildings, structures, or other appurtenances
including the appurtenances thereon.
and all
thereof
Projecting sign. The term "projecting sign" shall mean any
sign projecting at an angle from the outside wall or walls of
any building or similar structures and rigidly affixed
thereto.
Public property. All real and personal property,, including
leasehold rights owned by the Federal, State or Local
governments, including all political subdivisions,
authorities, or other entities to which the rights, powers and
privileges of the Federal, State and Local government have
been delegated.
Real estate sign. Any sign, installed on a temporary basis,
by the owner of real property or his agent, advertising the
real property upon which the sign is located for rent, sale,
or lease, but shall not include rooming house signs.
Revolving sign. See Animated sign.
Roof line. The intersecting lines of a roof, formed at the
junction of the roof with the walls of a building.
Roof sign. Any outdoor advertising display sign, installed,
constructed or maintained above the roof line of any building.
Rotating sign. See Animated sign.
Sandwich sign. See A-frame sign.
Semi-freestanding sign. Any sign which is supported by one or
more uprights or braces in or upon the ground and partially
attached to any building or structure.
sidewalk sign. See A-frame sign.
Sign. The word "sign" shall mean any display of banners and
flags, characters, letters, illustrations or any
ornamentations, or the complete structure on which any such
characters, letters, illustrations or ornamentations are
stated or applied (except buildings to which the same may be
attached); used for identification, directional purposes,
advertising or promotional purposes; provided, however, that
"sign" shall not be construed so as to include self-contained
fixtures approved by the National Board of Fire Underwriters
or non-electrical display, wholly'contained within a store
building and not visible from any public right-of-way.
snipe sign. Any sign of any size, made of any material,
including paper, cardboard, wood and metal, when such sign is
tacked, nailed, posted, pasted, glued or otherwise attached to
a tree, utility pole, fence or similar objects, and the
advertising matter appearing thereon is not applicable to the
premises upon which said sign is located. Also includes any
sign installed without permission of the owner of the property
on which the sign is located.
Standpipe. An arrangement of piping, valves, hose outlets and
allied equipment installed in a building or structure with
outlets located in such a manner that water can be discharged
through hose and nozzles for the purpose of extinguishing a
fire.
Swinging sign. The term "swinging sign" shall mean any sign
that swings freely from or on supports regardless of the guy
wires used in connection therewith.
Time and temperature sign. A message center containing
illuminated numerals flashing alternately to show the time
and/or temperature.
Wee-shaped sign. Any sign that is attached to a building,
other than a flat or wall sign, and which has two (2) faces
which are.not parallel.
Vehicular sign. A sign affixed to or painted on a
transportation vehicle or trailer, for the purpose of business
advertising; however, not to include signs affixed to vehicles
or trailers for identification purposes.
Window sign. Any sign installed or maintained in the window
· of any building or structure, visible from any public right-
of-way.
Sec. 20A-15.3. Sign regulating procedures.
A. Licensing required. No person shall engage in a business
of installing or maintaining signs within the City, without
having first procured a license for such business in
accordance with the requirements of the City's license
ordinance then in force and effect.
Permitting procedures:
Permits. It shall be unlawful for any person to
post, display or install any sign or advertising
structure, or attach, apply or connect high voltage
tube lighting to existing signs, in the City
without first having obtained a permit or permits
therefor as hereinafter required, except as
provided for in subsection 20A-15.4(C) (8).
Applications. Applications for permits required by
this article shall be filed by such applicant, or
his agent, in the Community Development Department,
upon forms to be furnished by said department.
Said applications shall contain or have attached
thereto the following information:
(a) Name, address and telephone number of the
applicant.
(¢)
(d)
(e)
(f)
(h)
(i)
(J)
(k)
(1)
(m)
Name, address and telephone number of the sign
owner.
Name, address and telephone number of the
contractor(s) installing said sign (if
applicable).
Location of building (or structure) and lot to
which or upon which the sign is to be placed
or maintained.
Purpose of sign.
Estimated value of sign.
Position of the sign in relation to adjacent
lot lines, buildings, structures, sidewalks,
rights-of-way, streets, intersections, and
easements.
Type of sign and general description of
structural design and construction materials
to be used.
Two (2) copies of detailed scaled drawings or
plans containing specifications concerning
structural details of the method of sign
construction, installation, and anchoring to
the building or ground. The specifications
shall show height, perimeter and area
dimensions, elevations, means of support,
method illumination and any other significant
aspect of the proposed sign.
A statement indicating whether or not any
electrical wiring is required. If so, a
completed electrical permit shall also be
submitted (if required).
A layout with sign colors shown or specified.
Any other information required by the
Community Development Department in order to
carry out the purpose and intent of this
article.
The following signs shall be designed by an
engineer, who shall submit to the building
official complete plans and calculations so as
to determine whether the sign complies with
the City's code:
9
iii.
Projecting signs over twenty-four (24)
square feet in area.
Billboards, freestanding signs (pole or
ground signs over forty (40) square feet
in area.
Any sign which, in the opinion of the
Community Development Director, contains
unstructural or design features. It is
the intention of this provision to insure
the structural integrity of signs which
are unique in design.
Issuance. Provided all of the provisions of this
.-article shall have been complied with, and the sign
or advertising structure will not violate any of
the terms, conditions or provisions of this
ordinance, or of any other law or ordinance, the
building official shall issue a permit for each sign
or advertising structure, retaining a copy thereof
and a copy of plans of said advertising structure
for his records. Said copy of plans or records
shall be retained by the building official for at
least five (5) years. Permits shall be numbered in
the order of their issuance and shall disclose:
(a)
Kind and size in square feet, and the height
and width of the sign, advertising structure
and any high voltage tube lighting authorized
by said permit.
(b) The street address of the property on which
the sign, advertising structure or high
voltage tube lighting is permitted to be
located and name of the owner or lessee of
said property.
(c) The location upon the property where the sign,
advertising structure or high voltage tube
lighting is permitted.
(d) The name of the person, firm corporation or
association installing structure.
(e) The estimated value of the sign.
(f) The amount of the fee paid for such permit.
(g) The date of issuance.
Inspections. The contractor or owner securing the
permit for any sign shall call the inspection
office and request an inspection whenever any sign
is being installed, and before any concrete is
poured; a final inspection shall be requested upon
completion.
10
Revocations. The building official may revoke a
permit or approval, issued under the provisions of
this code, if it is'found that there has been any
false statement, concealment or misrepresentation
as to any material fact in the application or plans
on which the pernit or approval was based.
Fees. Permit fees for signs regulated by this
article shall be as determined by resolution of the
City Council.
Signs exempted from permitting. The following
types of signs do not require a permit provided
-the sign shall: (1) comply with section 20A-15.4,
"Prohibitions and exceptions"; (2) comply with the
applicable requirements in the zoning district
where placed; (3) comply with other provisions in
this subsection; and (4) be consistent with the
spirit, intent and purpose of this article:
(a) Identification signs.
(b) Directional signs.
(c)
(d)
Home nameplate and identification.
Public signs. Signs erected by or on behalf
of or pursuant to the authorization of a
governmental body, including legal notices,
identification information signs, and traffic,
directional or regulatory signs.
(e)
Flags. When used for symbolic, non-commercial
purposes.
(f)
Real estate signs. Subject to the provisions
of subsection 20A-15.5(A).
(g)
Political signs. Subject to the provisions of
subsection 20A-15.5(B).
(h)
Construction signs. Subject to the provisions
of subsection 20A-15.5(C).
(i)
Window signs. Subject to the provisions of
subsection 20A-15.5(D).
(J)
Holiday signs. Subject to the provisions of
subsection 20A-15.5(E) .
11
~ec. 20~-~5.4. Prohibitions and exceptions.
From and after the effective date of this ordinance it
shall be unlawful for any person to erect or use within the
City:
Any swinging sign.
Any snipe sign.
c. Any banner, excepting approved special event signs
pursuant to section 20A-15.5.
I d. -Any sign erected, located or maintained so as to
prevent free ingress to or egress from any door,
i window or fire escape.
e. Any sign attached to a standpipe or fire escape.
i f. Any sign or other advertising structure which by
reason of its position, shape or color interferes,
obstructs or may be confused with any authorized
traffic control device or emergency vehicle signal.
g- Any sign or other advertising structure, except
public signs, that is placed or erected on or over
a public right-of-way, sidewalk, street, or curb.
h. Any other type or kind of sign which does not
comply with the terms, conditions and provisions
contained in this article and ordinances mandatory
hereto and supplemental hereto.
Unauthorized sign on City property.
Any sidewalk, A-frame or sandwich sign.
Any animated sign, except message center signs,
time, temperature, and barber signs with a complete
time and/or temperature sequence span of four (4)
to eight (8) seconds.
Any add-on signs unless they shall have been issued
a permit in conformance with the sign code.
sec. 20A-15.$. Temporary signs.
Ail temporary signs not listed in subsections 20A-15.5(A)
through 20A-15.5(G) and also not complying with all applicable
criteria of this section shall be treated in all respects as
permanent signs, except that such temporary signs shall not be
12
included in calculating the total amount of permitted sign
area. No temporary signs shall be illuminated except for
holiday signs, or special event signs approved by the City
Council. All temporary signs shall be located on private
property except as specified herein below:
ao lo
Real estate signs. Only one sign, shall be
permitted, per street frontage, on each parcel
of land located in any district provided that
such signs do not exceed an area of six (6)
square feet in a residential area and sixteen
(16) feet in nonresidential districts. Said
signs may include "Open House," "Open For
Inspection,"Open,, and other similar signs.
Off-premises open house signs. Each residence
that is open for inspection for sale or lease
may have the seller or the agent install off-
premises open house signs to direct persons to
the open house, subject to the following:
(1) The sign shall not exceed four (4) square
feet in sign area, shall be located at
least five (5) feet from the adjacent
road, and shall not exceed a height of
three (3) feet above the crown of the
road.
(2) The message shall be limited to "open
House," "open For Inspection, ,' or
substantially similar phrase, and the
name of the owner of the sign.
(3) Each sign shall be made of metal,
plastic, wood, or other weather resistant
material. Paper or cardboard signs are
prohibited.
(4) Each sign shall not be put in place off-
premise before 9:00 a.m. and shall be
removed each day not later than 8:00 p.m.
Any such sign in violation of these
restrictions may be summarily removed by
the City without notice.
B. Political signs.
[Generally] Political signs shall not be
posted on or over any public property, as
defined in section 20A-15.2.
Political signs in residential districts.
Political signs in residential districts are
allowed subject to the following provisions:
13
(a) No sign shall exceed sixteen (16) square
feet;
(b) No sign shall be illuminated;
(c) Each sign shall be freestanding;
(d) Each sign shall be located wholly on
private property;
(e) Each sign shall be placed at least five
(5) feet from all rights-of-way and
sidewalks;
(f) No sign shall exceed five (5) feet in
height;
(g) No sign shall be placed on or attached to
any tree or utility post.
Political signs in non-residential districts.
Political signs in non-residential districts
are allowed subject to the following
provisions:
(a) No sign shall exceed twenty (20) square
feet;
(b) No sign shall be illuminated;
(c) Each sign shall be freestanding;
(d) Each sign shall be located wholly on
private property;
(e) Each sign shall be placed at least five
(5) feet from all rights-of-way and
sidewalks;
(f) No sign shall exceed ten (10) feet in
height;
(g) No sign shall be placed on or attached to
any tree or utility post.
Posting time limits. It shall be unlawful for
any person to post a. political sign more than
thirty .(30) days prior to the election in
which the candidate,s name or the issue will
appear, and it shall be unlawful to fail
to remove a political sign within five (5)
days after the election in which the candidate
is eliminated or elected or the issue is
approved or disapproved.
Fine. A fine of $25.00 per sign may be
imposed upon the person posting said sign or
upon the candidate promoted on said sign for
any of the following:
(a)
Failure to remove all signs within the
applicable five-day period for removal;
14
(~)
Placement of signs upon public property
or upon any tree, utility pole, or
similar object.
Prima facie evidence. Political signs placed
in violation of this section which advertise a
particular candidate shall be prima facie
evidence of the placement or authorization of
the placement of the sign by the candidate.
Removal of illegal signs. The building
official shall order the immediate removal of
any political sign found posted within the
City in violation of this section. If the
sign is not removed within two (2) days, the
building official or his authorized agents
shall remove the political sign.
Reimbursement for removal expense. The
candidate or the president of the committee
supporting or opposing the ballot measure, as
applicable, shall reimburse the City for any
and all expenses of removal incurred by the
City.
construction signs. Construction signs shall be
permitted only while construction is actually in
~progress and shall be removed within fifteen (15)
days following the issuance of a certificate of
occupancy, completion or abandonment of work,
whichever occurs first. Such signs shall
not exceed an area of sixteen (16) square feet.
Each sign shall be at least twenty (20) feet from
contiguous property lines of adjacent land owners
and at least (5) feet from any right-of-way. No
permit shall be required for such temporary
construction signs. No such sign, however, shall be
erected prior to the issuance of a building permit.
window signs. For each facade, such signs,
collectively, may not cover more than fifty (50)
percent of the total surface area of the
transparent portion of all window(s) and door(s)
Signs attached permanently to the interior of a
building window or glass door shall be required to
obtain a permit and the area of said sign shall be
counted against the allowable signage permitted in
section 20A-15.7 (C) (2). In no case shall any
window sign, temporary or permanent, violate
Section 30-77 (7) of the Code of Ordinances of the
City of Sebastian.
15
~oliday signs. Displays, including lighting,
erected in connection with the observance of
holidays. Such signs shall be removed within
thirty (30) days following the holidays.
Public, charitable, education, religious, short
term special sales promotion, or special event
signs. Temporary signs announcing any public,
charitable, education, religious or other special
event or function may be installed subject to
compliance with the following conditions:
Timing of placement and removal. Such signs
shall be placed not more than fourteen (14)
days prior to the event and must be removed
not later than twenty-four (24) hours after
termination of the event. A maximum of 3
separate occasions or special event may be
permitted within any 365 day period.
Exception: Any new business or relocation of
an existing business within the City of
Sebastian shall be allowed grand opening signs
not to exceed 30 days. These signs shall not
count as a special event sign as described
above.
Character of signs. Such signs shall not
exceed the following requirements:
Properties with less than 100 feet of
frontage shall be permitted a total of 32
square feet of sign area.
bt
Properties of more than 100 feet of
frontage shall be permitted a total of 64
square feet of sign area.
Banners are permitted to be utilized as a
temporary promotional sign.
Waiver from requirement of subsection. The
building official shall advise any applicant
desiring relief from subsection 20A-15.5(F) of
his right to approach the City Council to
request a waiver of such requirements. Upon
request of an applicant, City Council may
alter or waive the requirements of subsection
20A-15.5(f) of this Article.
16
Active subdivision si~.s.
On-premises active subdivision signs may be
erected subject to compliance with the
following conditions in addition to other
applicable provisions of this section. These
signs are not subject ~o subsection 20A-
15.5 (a).
Zligible sites. Such sign may be placed only
on property consisting of land duly platted,
as a subdivision, and within the platted
boundaries of said property.
Character of sign. Such signs shall not
exceed thirty-two (32) square feet. Such sign
must be located on the premises of the
development subdivision, at least five (5)
feet from all rights-of-way, and at least
twenty (20) feet from contiguous property
lines. These signs can be illuminated.
Time of removal. Each active subdivision sign
erected must be removed after a period of
fourteen (14) days after the last unit or ~ot
in the subdivision is sold, leased or rented:
Filing of plat. Prior to the erection of such
a sign, a preliminary plat of the subdivision
shall be placed on file in the office of the
City Clerk.
Persons permitted. 0nly the agent of the
developer or owner of the property shall be
authorized to place signs on the property.
The property owner's signed authorization
consenting to the placement of a sign
representing an exclusive real estate agent on
his premises shall be filed in the office of
the City clerk prior to the placement of the
agent's sign.
other temporary signs. The following criteria
shall serve to define other temporary signs not
identified in the foregoing categories, other
temporary signs must comply with each of the
following criteria:
Not more than one such temporary sign may be
located on any lot;
No such temporary sign may exceed four (4)
square feet in surface area; and
17
,Sec. 20A-15.6.
A.
Such temporary sign may not be displayed for
longer than three (3) consecutive days nor
more than ten (10) days out of any three
hundred sixty-five-day period.
General sign requirements.
Rules for interpreting sign calculations:
Determining the number of signs. For the
purpose of determining the number of signs, a
sign shall be considered to be a single
display surface or display device containing
elements organized, related, and composed to
form a unit.
Computation of sign area. The surface area of
a sign shall be computed by including the
entire area within a single, continuous,
rectilinear perimeter of not more than eight
(8) straight lines, or a circle or an ellipse,
enclosing the extreme limits of the writing,
representation, emblem or other display,
together with any material or color forming an
integral part of the background of the display
or used to differentiate the sign from the
backdrop or structure against which it is
placed, but not including any supporting
framework or bracing that is clearly incidental
to the display itself.
Multi-sided signs, with respect to three-
dimensional or multi-sided signs, the
surface area shall be computed by
including the total of all sides designed
either to attract attention or
communicate information.
Exception: 1. Any double face sign
(back to back and parallel to each other)
provided said face of each sign are not
separated by more than 2 feet.
Exception: 2. A vee-shaped sign which
are not parallel and the angle between
said faces do not exceed 45 degrees.
Total sign surface area. Unless otherwise
provided in this article, the total surface
area devoted to all signs on any lot shall not
exceed the limitations set forth in section
20A-15.8, and all signs except temporary signs
shall be included in this calculation.
18
Construction standards. Ail signs shall comply
with all applicable standards of the City's
building code, fire code, health code, electrical
code, development code, and all other applicable
codes.
Maintenance. Ail signs within the City limits
including all supports, braces, guys and anchors
shall be kept in good repair. The Building
Official may order the removal by and at the
expense of the owner or lessee of any sign that is
not properly maintained.
Signs not to constitute a traffic hazard. No sign
shall be placed at any location in the City where
it may interfere with or obstruct the view of any
motorist, or be confused with any authorized
traffic sign, signal or device. The Building
Official shall have the authority to refuse the
erection, or to order the removal of any sign, if
any sign constituting an obstruction to motorists
or pedestrians or otherwise are viewed to be
impediments to traffic safety or traffic flow.
Signs not to encroach electric utilit~ clear zone.
No sign shall be placed closer than eight (8) feet
from the nearest part of any utility pole which
supports electrical transmission lines (see (A)of
diagram, below). No sign shall be placed closer
than eight (8) feet from the nearest part of any
electric transmission line (See (B) of diagram
below). If the National Electrical Code is now or
hereafter more restrictive than the provisions of
this subsection, the most restrictive provisions
shall prevail.
19
Illuminated signs:
Shielded light source. The light from any
illuminated sign, or from any light source,
shall be shaded, shielded or directed so that
the light intensity or brightness shall
neither adversely affect the surrounding
premises nor impede safe vision of operators
of vehicles moving on streets or parking
areas.
Exposed lighting restrictions. No signs,
except message center signs and time and
temperature signs, shall have exposed
fluorescent lighting, exposed neon,
fluorescent paint, or be phosphorescent. All
unexposed neon shall be approved by any
testing laboratory acceptable to the City.
Similarly, illuminated tubing or strings of
lights that outline property lines, sales
areas, or similar areas are prohibited,
except:
a. holiday observance signs
Any exposed neon signs or lighting
totally within an enclosed building. Ail
exposed or unexposed signs shall be
counted against the allowable signage
permitted in Section 20A-15.7(C) (2).
Light
Source
Exposed Bulbs
Luminous
Illuminated
Light source. No sign shall have a light
source which exceeds the following criteria
for light intensity:
Brightness and Intensity for Criteria
Light Source Shall Not Exceed In:
Residential
or Residentlal
Portions of PUD
Districts
COR, PS and CL,
Commercial MCR, GMC,
Portions of IN, and AI
PUD Districts Districts
10 watts
15 watts 15 watts
90 ft lamberts
50 footcandles
150 ft lamberts 20 ft
lamberts
50 footcandles 75
footcandles
20
Restriction on flashing signs. No flashing
sign shall be permitted except time and
temperature signs, message center signs,
public signs, and holiday observance signs.
Height of and distance separating signs. No part
of any sign affixed to a building shall exceed the
height of the building to which the sign is
affixed. The height of the building shall be
measured exclusive of elevator shafts and/or air
conditioning condensing units and/or cooling
towers. Any sign projecting over private property
-and located above motor vehicle use or storage
areas, shall be erected and maintained at a height
not to be less than fourteen (14) feet. The height
of freestanding signs is controlled for respective
zoning districts in section 20A-15.8. Distance
requirements in this article shall be measured from
the nearest part of any sign (or its structure) to
the nearest point of the closest applicable setback
line, property line, roof line, or other applicable
restricting line of point of separation (including
distance between signs) or height limitation.
Appearance of signs:
.1.
Shape, color, lettering, location and
arrangement of signs shall not be clearly
disharmonious with the building design and
surrounding landscape.
Every sign shall have good scale and good
proportion in its design and in its visual
relationship to buildings, surroundings, and
other signs.
Colors shall be used harmoniously. Lighting
shall be harmonious with the design. If
external spot or flood lighting is used, it
shall be arranged so that the light source is
shielded from view.
No sign installed in the City on the effective
date of this section shall become
nonconforming based solely on this subsection
20A-15.6(H), "Appearance of signs".
21
Sec. 20A-15.7
A.
Sign regulations for zoning districts.
Signs in residential districts. In the RE-40, RS-
20, R$-15, RS-10, RM-8, RM-12, R-FfH, and
residential portions of Planned Unit Development
districts. The following signs are permitted
subject to compliance with the provisions of this
article:
1. S%ngle-famil~ residences and duplexes. No
signs other than home nameplates and
instructional signs not exceeding two square
feet shall be permitted for single-family
' · homes and duplexes. These signs do not
require permits.
I 2. Multiple-famil~ structures of ten units or
less. A premises containing ten (10) or less
dwelling or rooming units may install a single
sign per street frontage indicating the name
and/or address of the premises, provided the
sign has a maximum area not exceeding ten (10)
square feet, and shall not be higher than six
(6) feet unless the sign is mounted flush
against the wall of the building. These signs
i require permits.
3. Multip~e-famil~ structures of more than ten
units or approved nonresidential uses in
residential districts. A premises containing
more than ten (10) dwelling units or rooming
units or approved non-residential use may
install a single sign per street frontage,
indicating only the name and/or address of the
premises. The sign shall have a maximum area
not exceeding twenty (20) square feet and
shall not be higher than ten (10) feet unless
the sign is mounted flush against the wall of
the building. These signs require permits.
Religious symbols may be erected and exceed
the above reference requirements subject to
the approval of the Planning & Zoning
Commission. The Planning & Zoning Commission
shall review these types of signs to determine
compliance pursuant to Section 20A-10.2.B.
m
Subdivision entrance signs. One on-premises
sign not exceeding sixty-four (64) square feet
in area may be erected at each principal
entranceway to a residential subdivision.
However, only one such sign shall be permitted
for each common street serving a subdivision.
22
Such sign must be located wholly within the
property line of the subdivision which the
sign identifies and shall not be located
within any right-of-way. These signs require
permits.
Instructional signs. In multiple-family
districts only on-premises instruction signs
having an area not exceeding four (4) square
feet are permitted, provided such signs, if
freestanding, shall be located a minimum of
five (5) feet within all property lines and
shall not exceed five (5) feet in height, in
single-family residential districts such on-
premises instructional signs may be placed
only on premises developed for nonresidential
uses approved by the planning and zoning
commission.
Signs in the PS, P~blic service District. In the
PS zoning district one sign shall be permitted per
street frontage or per each three hundred (300)
feet of street frontage, whichever is greater.
Furthermore, where two (2) or more freestanding
signs are placed along a single street frontage,
such signs shall be separated by a minimum distance
of forty-eight (48) feet. The cumulative area of
all such signs shall not exceed one eighth square
foot per one foot of property frontage; however,
the maximum area of any single sign shall not
exceed forty-eight (48) square feet. Ail
freestanding signs shall be located at a minimum of
10 feet from the front property line and 20 feet
from any other common property line, and shall not
be higher than 10 feet unless mounted flush against
the building. These signs require permits.
Scoreboards inside ballparks or recreational ball
fields and of which are not visible from any
adjacent property or public right-of-way are exempt
from the provisions of this subsection. These
signs do not require permits.
In the PS district, instructional signs having an
area not exceeding four (4) square feet are
permitted, provided such signs, if freestanding,
shall be located a minimum of five (5) feet within
all property lines and shall not exceed five (5)
feet in height. Such signs require permits.
23
Religious symbols and governmental signs may be
erected and exceed the above reference requirements
subject to the approval of the Planning & Zoning
Commission. The Planning & Zoning Commission shall
review these types of signs to determine compliance
pursuant ~o Section 20A-10.2.B.
Sign regulations for nonresidential zoning
districts (excepting the PS district). The number
and size of point of purchase signs in the COR', CL,
C-512, CG, MCR, GMC, IN, AI and nonresidential
portions of the Planned Unit Developments shall be
governed by the percentages and limitations imposed
"herein, excluding temporary or instructional signs,
which may be in addition to said percentages and
limitations imposed herein, excluding temporary or
instructional signs, which may be in addition to
said percentages under the conditions contained
herein.
1. Freestanding Signs.
a. Copy Area Permitted
Front footage. There shall be one
square foot of allowable cumulative
copy area for all front freestanding
signs for each lineal foot of
property frontage. Owner shall
declare one street as his frontage
street.
ii.
Footage not adjacent to residential
property. There shall be one-half
square foot of allowable copy area
for freestanding signs along all
other public rights-of-way for each
lineal foot of property along said
public rights-of-way.
iii. Adjacent to residential properties,
except COR zoning district. There
shall be one-square foot of
allowable cumulative copy area for
freestanding signs along public
rights-of-way adjacent to
residentially zoned (except COR)
property for each lineal foot of
property along said public rights-
of-way.
24
iv.
Any freestanding sign may be
supported by poles or columns and
said supporting members may have
decorative covers or molding
provided the surface area (single
two-dimensional side) of said cover
shall not exceed the surface area of
the two-dimensional side of the sign
above the cover.
No freestanding sign shall exceed
300 square feet in area unless
approved by the Planning & Zoning
Commission. The Planning & Zoning
Commission shall review signs over
300 square feet in area to determine
compliance pursuant to Section 20A-
· 0.~(~).
vi.
All freestanding signs shall display
their building number on such sign
pursuant to Section 20A-5.46.
vii. Religious symbols may be erected and
exceed the above reference
requirements subject to the approval
of the Planning & Zoning Commission.
The Planning & Zoning Commission
shall review these types of signs to
determine compliance pursuant to
Section 20A-10.2.B.
Instructional signs.
Instructional signs shall be exempt from
the limitation on total sign area allowed
per business and the requirement of five
(5) foot of setback from any common
property line. However, an instructional
sign shall not be more than three and
one-half (3 1/2 feet in height nor total
more than five (5) square feet in area.
Height regulation. The height of
freestanding signs shall not exceed
twenty (20) feet placed within the
minimum setback. For every three (3)
feet the sign placement exceeds the
minimum setback, the height of the sign
may be increased one additional foot to a
25
maximum height of twenty-five (25) feet,
except in large shopping centers as
stated in paragraph e. below.
Height regulations for certain shopping
area signs.__A freestanding point-of-
purchase sign not exceeding thirty-two
(32) feet in height may be erected in a
shopping area with a gross square footage
of thirty thousand (30,000) square feet
or more.
Distance separating signs. There shall
be a minimum of forty-eight (48) feet
between freestanding signs located on the
same property.
Separation from property lines. No
freestanding signs shall be permitted
within Five (5) feet of any common
property line except instructional signs
which shall be as provided herein.
Signs attached to buildings:
Applicability. Signs attached to
building facades shall include wall,
flat, painted, vee-shaped and marquee
signs. However, roof signs are
prohibited.
b. Copy area:
For wall signs on frontage street
facade. There shall be an allowable
amount of sign area for signs
attached to the frontage street
facade of a building not to exceed
15 percent of the facade. In
calculating the area of a building
facade no additional credit shall be
given for the surface of any canopy
or awning. The calculation for the
allowable facade credit shall always
be calculated on a flat, two-
dimensional plane and shall not
include that part of any parapet,
marquee, pylon or other surface
which extends above the roof line.
A mansard roof shall be classified
as a parapet wall. If the lower
edge of a slanted roof, other than a
26
mansard roof, extends below the top
of the supporting wall, the
allowable facade shall be the area
of the wall minus the area covered
by the roof.
ii.
For signs on facades other than
frontags street facade. There shall
be an allowable amount of sign area
for signs attached to facades, other
than the frontage street facade, not
to exceed 7.5 percent of the facade.
However, when said facade faces
residentially zoned property, the
allowable amount of sign shall not
exceed 4 percent of the facade.
Placement of wall signs and marquee
signs. No flat, wall or vee-shaped signs
shall be erected at a distance of more
than eighteen (18) inches beyond the face
of any building, marquees being
considered as a part of a building. The
outside edge of wall signs or marquees
shall not be closer than twenty-four (24)
inches from the curb line. Signs may be
placed in whole or in part upon a
parapet, but no sign shall be extended
above or be mounted upon the top of a
parapet or marquee. One identification
sign may be attached to the sides or
front of a marquee or hung under a
marquee at a business entrance, in which
case the sign shall not exceed six and
one-half (6 1/2) square feet in area,
shall maintain a 7'6" minimum clearance
above the sidewalk or ground level and
shall not extend beyond the marquee's
perimeter.
Noncombustible material.
all electric wall signs
noncombustible materials.
The surface of
shall be of
Regulation against obstruction. No wall
sign shall cover wholly or partially any
required wall opening, nor project beyond
the top of the wall to which it is
attached.
27
Wall sign projection. All bracing and/or
lighting shall be hidden or covered so
that it shall not be visible from the
public right-of-way. The covered
portion of the ends of such signs shall
not be used for advertising purposes.
Projecting signs:
Not to encroach right-of-way. No
projecting sign shall project over any
public right-of way.
Allow substitution oopy area an~ size. A
projecting sign may be substituted for an
allowed freestanding sign. However, the
maximum allowable size for such a
substitution shall not exceed one-half
the allowable size of the freestanding
sign for which it is substituted or shall
not exceed the allowable amount of sign
area for signs attached to facades as
shown on the Street Facade Sign Area
Table of this code, whichever is less.
Noncombustible material. All projecting
signs shall be constructed entirely of
metal or other noncombustible material
and securely attached to a building or
structure by metal supports such as
bolts, anchors, supports, chains, guys or
steel rods. No staples or nails shall be
used to secure any projecting sign to any
building or structure. The use of
plastic material is permitted as approved
in subsection 20A-15.6(B) (2) of the sign
code.
Placement. No projecting sign, which is
entirely dependent upon a wall for
support, shall be erected on the wall of
any building so as to project above the
roof line or parapet wall or above the
roof level where there is no parapet
wall. A sign attached to a corner of a
building and parallel to the vertical
line of such corner, shall be deemed to
be erected at a right angle to the
building wall. A projecting sign shall
not project more than thirty-six (36)
inches from the wall of a building and
28
shall not overhang a public right-of-way.
Such sign shall comply with height
regulations of subsection 20A-15.6(G) and
shall be elevated a minimum of 7'6" over
any sidewalk or pedestrian way. No sign
or part of a sign or its supporting
structure shall cover any window or part
of a window. No projecting sign or
supporting structure shall be located in
such a manner as to obstruct window light
and vision. The City shall be held
harmless for any liability associated
with projecting signs.
All billboards shall be prohibited within the City
of Sebastian except for the following:
Sec. 20A-15.8.
Billboards shall be prohibited within the City
of Sebastian except for directional signs as
permitted below. These signs shall be
regulated pursuant to the provisions of §20A-
15.7(c) (1) of this Article.
Directional sign (private) - The intent of
this type of sign is to direct traffic to a
place of business within the City limits. No
sign shall be utilized exclusively to
advertise a place of business without giving
directions or utilizing an arrow.
One 'sign not exceeding 32 square feet in
area may be located in or on the waters
of the Indian River for any approved
marina within the City of Sebastian.
These signs must have approval from the
State of Florida prior to obtaining a
permit from the City of Sebastian.
One sign not exceeding 32 square feet may
be located on any lot within COR, C-512,
CL, CG, IND.
Regulations of nonconforming signs and
enforcement.
Continuance of preexisting structures. Any sign, ·
billboard, or advertising structure which lawfully
existed and was maintained at the time this
ordinance became effective, may be continued,
although such structures do not conform to all the
provisions hereof; provided that no structural
alterations are made thereto.
29
Impact of damage to nonconforming signs. Any
nonconforming sign which is destroyed or
damaged, to the extent of fifty (50) percent
or more, or is altered or replaced, shall not
be altered, replaced or reinstalled unless and
until it shall have been made to conform to
the provisions of this article. Public signs
erected by the City are exempted by this
article.
2. Removal of nonconforming signs:
Destruction, damage or obsolescence. The
use of any nonconforming sign shall
terminate whenever the sign is damaged or
destroyed beyond fifty (50) percent, from
any cause whatever, or becomes obsolete
or substandard under any applicable City
ordinance to the extent the sign becomes
a hazard or danger and upon termination
shall be removed.
Enforcement. Enforcement of this article shall be
conducted pursuant to the provisions of Article VI,
Division 2, S§2-176 through 2-200 of the Code of
Ordinances of the City of Sebastian.
stop work orders (violations). Upon notice
from the building official that work on any
sign or advertising structure is being done
contrary to the provisions of this code or in
a dangerous or unsafe manner, such work shall
be immediately stopped. Such notice shall be
in writing and shall be given to the owner of
the property, or to his agent, or to the
person doing the work, and shall state the
condition under which work may be resumed.
Where an emergency exists, no written notice
shall be required to be given by the building
official.
Section 2. CONFLICTS. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. 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
designation.
30
Sectio%. 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this ordinance is invalid or unconstitutional, the
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 hayer enacted the remainder of this
ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and
effect.
Section 5. EFFECTIVE DATE. This ordinance shall
become effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by
Council-member . The motion was
seconded by Councilmember 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 passed
and adopted this day of . , 1993.
CiTY OF SEBASTIAN
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
i HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Vero 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 ~earing this ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
Approved as to form and content:
Charles
lan
Nash, City Attorney
31
City of Sebastian
5 Main Street ~ SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 ~] FAX (407) 589-5570
32958
SUBJECT: PUBLIC HEARING REGARDING
ORDINANCE 0-93-20 REGARDING
DRIVE-THROUGH FACILITIES
Approval for Submittal By:
City Manager
) Agenda Number:
) Dept. Origin: CommuniTy Development
) Date Submitted: 1~/20A93
) For Agenda Of: 01/12/94
) Exhibits:
) 1. Ordinance 0-93-20
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of December 15, 1993, the City Council approved the
first reading of Ordinance 0-93-20 and set the public hearing for January 12,
1994. There were no changes to the proposed ordinance at the meeting of the
first reading.
~ECOMMENDED ,A~ION
Move to approve Ordinance 0-93-20.
ORDINANCE NO. 0-93-20
AI~ ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING C]~.PTER 20A, SECTIONS 20A-
3.9(C), 20A-6.1(C) (9) (a) AND 20A-6.1(C) (9) (b) (4) OF THE
LAND DEVELOPMENT COD~. OF THE CITY OF SEBASTIAN,
PERTAINING TO CL, LIMITED COHMERCIAL DISTRICTS, BY
PEP. MITTING DRIVE-THROUGH FACILITIES AS CONDITIONAL USES;
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, ~he City Council of =he City of Sebastian has
determined~ that an amendment to ~he Land Development Code
necessary for the purpose of permitting drive-through facilities
(business and professional offices only) as conditional uses within
the CL, Limited Commercial Districts, within the City of Sebastian;
and
WHEREAS, the City of Sebastian has determined that this
amendment to the Land Development Code is consistent with the
City's comprehensive plan, goals and objectives; and
WHEREAS, the City Council has determined that permitting
drive-through facilities (business and professional offices only)
within the CL, Limited Commercial District, would be in the best
interest of the citizens of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
Section 1.
Chapter 20A, Section 20A-3.9(C) of the Land
Development Code of the City of Sebastian is hereby amended as
follows:
"c. Conditional uses. In this district as a conditional use a
building or premises may be used for only the following conditional
uses upon compliance with applicable conditions stated in Article
VI and all other applicable provisions of this Code, including site
plan review and performance criteria. The Planning and Zoning
Commission shall ascertain if such conditions and provisions are
satisfied. Appeal of such decisions shall be heard by the City
Council.
Conditional uses: ..... ~"~'"~: ............. ~":"": ......................................... -": ...................................... : ..........................................................
h:~ ......... (i~6i'Udi'hg'::'~:::"hO'~es or convalescent homes), public and
private utilities, public parks and recreation areas, child care
facilities, public protective and emergency services, hotels and
motels, restaurants (excluding drive-ins), transient quarters,
veterinary services and accessory uses."
Section 2. Chapter 20A, Section 20A-6.1(C) (9) (a) of the
Land Develgpment Code of the City of Sebastian is hereby amended ~s
follows:
"9. Drive-through f&cilities:
.a.
Commer~jal use~..wi~h ~ive.-thr. ou~h fagilit, ie~ shall be
Debitted ~s a cond%~ion~.l .use within ~he fo~lowin~
zo~.inq district: CG '
Busi.~ess..and professional offices w$gh ~rive-tbrough
facil~tie~ shall b~ p~r~i%~ a~'a c~n~i'~iona~ 6s~ wi~hin
the.. following ~on~D~ districts: ~,,,
Section. 3. Chapter 20A, Section 20A-6.1(C) (9) (b) (4) of the
Land Development Code of the City of Sebastian is hereby amended as
follows:
"(4) In the CG.distric% no drive-through facility shall
locate within one hundred (100) feet of a
residential district.
.In the Cqmmercial. Limited (CL) district...no..busine~:
or Drofessi0nal. offiQe with drive-through.~ac~lity
may abut a R$-10. RS-15, ~s-2D, RE-40. R~. -8,._ RM-12
and ..MH zoR.inq districts.,,
Secti.0n 4. CONFLICTS. Ail ordinances or
ordinances in conflict herewith are hereby repealed.
parts of
Section 5. 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 Land Development Code 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
appropriate designations.
Sec~,~n 6. SEVERABILITY.
"Section," "Article" or other
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
unconstitutional provision, thereby
remain in full force and effect.
Sect,.on 7. EFFECTIVE DATE.
without said invalid and
causing said remainder to
This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member . The motion was seconded by
Councilmember 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 passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By: ' -
Lonnie R. Powell, Mayor
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
Cio' of Sebastian
POST OFFICE BOX 780't27 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 15, 1993 - 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.
Mayor Powell called the Regular Meeting to order
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend James Thatcher,
Sebastian Church of God.
4. ~OL___LL ~ALL
Present:
Also Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
City Clerk/Acting City Manager,
Kathryn M. O'Halloran
city Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Deputy City Clerk, Sally Maio
at
Regular City Council Meeting
DecemDer 15, 1993
Page Two
5. 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).
The City Attorney requested that item 13.B.
Reso~.u~ion ~o. ~.-93-77 be deleted since there is no
resolution to present. City Council concurred.
The City Attorney requested that item 13.A.
Resq.~.~t.ion ~ B-93-76 be moved to item 6.A.
Council concurred.
City
Mayor Powell stated ~hat County Commissioner Fran'
Adams had requested an item for this agenda regarding
a letter of support from City Council.
Mr. Freeland requested that item 15.E.1. End~n~gred
~ Act be moved ~o item 6.B. City Council
concurred.
Commissioner Adams request was placed on the agenda
as item 6.C.
6. PROCLAMATION~ ANDIOR ANNOUNCEMEN~..$
93.263
P.~ESOLUTION NO. R-93-7~ - GDU Facility Acquisition
Bond Restatement (Finance Director Transmittal
dated 12/9/93, R-93-76 [Documents Under Separate
Cover])
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN~ INDIAN RIVER COUNTY, FLORIDA,
SUPPLEMENTING ITS RESOLUTION NO. R-93-67 PERTAINING
TO THE DEFINITION OF AUTHORIZED INVESTMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-93-76 by
title only.
MOTION by Oberbeck/Freeland
I would move to adopt Resolution R-93-76.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 3-2 (Corum, Damp - nay)
Regular City Council MeeTing
December 15, 1993
Page Three
MOTION by Oberbeck/Freeland
I would now move to authorize the Mayor to sign
and City Clerk to attest it.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 3-2 (Corum, Damp - nay)
Arthur Ziev, Raymond James and Associates, addressed
City Council relative to final bonding figures.
93.369
B. ~ered Species Act ~No Backup)
Mr. Freeland said he had invited Dale Ketchum of
Congressman Jim Bacchus' office to this meeting to
hear public concerns.
Peter Fallon, 12930 North A1A, Veto Beach; Wally
Kramer, Micco; Bill Rogers, 408 Ponoka Street,
Sebastian; Harry Thomas, 654 Balboa Street,
Sebastian; addressed City Council on the issue.
The Director of Community Development addressed Mr.
Ketchum on staff's position on the scrub jay issue,
recommending that, rather than ban permitting for
individual platted lots, the city look at city
properties and large subdivisions. He said he would
be bringing a proposal to the January workshop.
Dale Ketchum, District Director for Congressman Jim
Bacchus, said Mr. Bacchus represents the city on this
issue, and spoke on the intent of the Endangered
Species Act and the current effort to revise it.
TAPE I - SIDE II (7:49 p.m.)
Mr. Ketchum responded to Mrs. Corum's inquiry
relative to time frame for funding requests.
City Council discussion followed.
3
Regular City Council Meeting
December 15, 1993
Page Four
93.085
Commiss~..0ner Fra___~n ~ Request Letter of SUDDOrt
Re:
The City Clerk/Acting City Manager read a proposed
letter from Commissioner Fran Adams for Council
concurrence.
It was the consensus of City Council to concur with
the letter.
7. ~~EA~ZNG. ~NAL~
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please ~ Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
RESO__~ NO. R~93-62 - Sebastian Lakes
Development Agreement - Continuation of 11/17/93
Hearing (Director of Community Development
Transmittal dated 12/7/93, R-93-62 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CiTY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices, 11/10/93 1st Public Hearing,
11/17/93 2nd Public Hearing, Readvertised 12/8/93,
12/15/93 Continuation of Hearing)
Regular City Council Meeting
December 15, 1993
Page Five
93.330
93.351
Mayor Powell opened the public hearing at 8:09 p.m.
and the City Attorney read Resolution No. R-93-62 by
title only.
The Director of Community Development updated City
Council on the development agreement.
The City Attorney advised that staff is still working
on the utility service agreement for hearing at the
January 12, 1994 regular meeting, therefore, if
approved tonight, the development agreement should
not be executed until the utility agreement is
approved.
Barbara Hall, Greenburg - Traurig, addressed City
Council.
Mayor Powell closed the public hearing at 8:14 p.m..
MOTION by Oberbeck/Damp
I would move that we approve Resolution No. R-93-
62 Sebastian Lakes development agreement.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
CONSENT ~GENDA
All items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 12/8/93 Regular Meeting
Bid Award - Basketball Courts - Regan Masonry -
$1.50 Per SF (City Engineer Transmittal dated
12/7/93, Bid Tabulation)
RESOLUTION NO. R-93-74 - First Amendment to
Little League Lease (City Clerk Transmittal dated
12/9/93, R-93-74, First Amendment, Lease
w/Schedule A)
Regular City Council Meeting
December 15, 1993
Page Six
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE
AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE,
INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
THE PROPOSED FIRST AMENDMENT TO LEASE. AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING
FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
93.365
Tozzolo Brothers Construction Co. - Specimen Tree
Removal Request - Three Pines - One Oak - Lot 12,
Block 112, SH Unit 2 (Director of Community
Development Transmittal dated 12/9/93,
Application, Survey)
93.366
Pay Scale for Three New Positions in Utilities
Department (Personnel Director Transmittal dated
12/9/93)
The City Clerk/Acting City Manager read the consent
agenda in its entirety, including the title for
R-93-74.
Mrs. Corum and Mrs. Damp removed item C, Mr. Oberbeck
removed item E.
MOTION by Oberbeck/Damp
I would move that we approve items A, B, and D of
the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mayer Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93.351
Item ~ ~ RESO__~ON NO. ~
Mrs. Corum inquired about the concession inventory.
Mayor Powell said the Little League owns all property
in the concession except for permanent fixtures.
Mrs. Corum recommended a year to year automatically
renewable lease for fields three and four.
6
Regular~Ci~y Council Meeting
Decembe~ 15, 1993
Page Seven
Mrs. Damp expressed concern for utilizing fields
three and four exclusively for Little League.
MOTION by Corum/Damp
I make a motion to deny the twenty year lease for
fields three and four on Resolution No. R-93-74.
The City Attorney noted that the motion should be to
approve or deny No. R-93-74.
Resolution
ROLL CALL: Mayor Powell - nay
Mr. Oberbeck - nay
'' Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
MOTION FAILED 2-3 (Powell, Oberbeck, Freeland - nay)
MOTION by Freeland/Oberbeck
74 I would move that we adopt Resolution No. R-93-
ROLL CALL. Mr. Oberbeck - aye
.
Mrs. Corum - nay
Mrs. Damp - nay
- aye
Mr.
Freeland
Mayor Powell - aye
MOTION CARRIED 3-2 (Corum, Damp - nay)
93.366 Item ~ ~ P_~y ~ for Three New Positions in
Utilities Department --
MOTION by Oberbeck/Freeland
I want to then move to approve item E with the
corrections as submitted by the Personnel Director.
ROLL CALL: Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. oberbeck - aye
MOTION CARRIED 5-0
Mayor Powell called recess at 8:30 p.m. and
reconvened the meeting at 8:45 p.m. All members were
present.
¢¢
Regular City Council Meeting
December 15, 1993
Page Eight
93.367
10.
11.
9. ~RESE~ATiONS
None.
CITY ATTORNEY F~TTERS
The City Attorney reiterated his recommendation that
City Council direct staff to develop a white paper
advising the public on the airport charter revision,
and advised that he will be away for the January
workshop.
The Assistant City Attorney said he has discovered a
constitutional problem in restricting the number of
vehicles parked at a residence and that staff will
look at the issue further.
~ ~ANA~ER ~ATTERS
ReDQrt - ~ of ~lect~o~ Relocation o_!f
Polling ~lace for Precinct 16 from Calvary
~ Church to Elks Lo__~ ~ Clerk/Acting
CSty Manager Memo dated 12/7/93..$.0E Letter
dated 12/7/93..~lks Letter dated 1232193)
The City Clerk/Acting City Manager reported on the
relocation of the Precinct 16 polling place to the
Sebastian Elks Lodge, and said Merry Christmas and
Happy Chanukah to all in the public, staff and
Council.
12. COMMITTEE REPORTS/RK~OMMENDATIONS
None.
13. ~,LD BUSINESS
Items under this heading had been previously deleted
and moved on the agenda.
Regular City Council Meetinc
DecemDer 15, 1993
Page Nine
14. NEW BUSINESS
93.337 A.
ORDINANCE NO. O-93-22 - Placing Referendum
Language on March 8, 1994 Ballot Re: Airport
- 2nd Draft (City Clerk Transmittal dated
12/7/93, City Attorney Letter dated 12/3/93,
Revised O-93-21)
Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS
TO SECTION 1.02 OF THE CITY CHARTER TO DELETE
PORTIONS THEREOF WHICH WOULD INTERFERE WITH THE
IMPLEMENTATION OF THE MASTER PLAN FOR THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR THE DELETION OF THE
SECOND FULL PARAGRAPH OF PARAGRAPH (7) OF SECTION
1.02 OF THE CITY CHARTER; PROVIDING FOR THE DELETION
OF SUBSECTIONS (7.1), (7.2), (7.3), (7.4), (7.5) AND
(7.6) OF SECTION 1.02 OF THE CITY CHARTER IN THEIR
ENTIRETIES; PROVIDING FOR THE DELETION OF THE SECOND
FULL PARAGRAPH OF PARAGRAPH (10) OF SECTION 1.02 OF
THE CITY CHARTER; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE
TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR ~OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR A PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-93-21 by title
only.
TAPE II - SIDE I (8:52 p.m.)
The Finance Director was excused from the meeting.
George Metcalf, 425 Pine Street, Sebastian, urged
passage.
The City Attorney said, although he had invited
input on the revision, he had received none since
the last meeting.
Regular City Council Meeting
DecemDer 15, 1993
Page Ten
The City Attorney read the ballot question for the
benefit of the public.
MOTION by Oberbeck/Damp
I would move that we approve Ordinance No. 0-93-
21 placing referendu~ language on the March 8, 1994
ballot re: airport and set public hearing for January
12, 1994.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
The city Attorney suggested that the Airport Manager
draft the white paper under the supervision of the
Acting City Manager.
93.124
~ NO. O-93-13 - Waterway Regulation
(Director of Community Development Transmittal
dated 12/7/93, Torpy Letter dated 11/1/93,
O-93-13)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, SECTION
20A-5.10 OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN PERTAINING TO REGULATION OF WATERWAYS,
WATERCRAFT AND MARINE RELATED STRUCTURES; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The Assistant City Attorney read Ordinance No.
0-93-13 by title only and the Director of Community
Development gave a brief explanation.
MOTION by Oberbeck/Freeland
I would move that we approve Ordinance No. 0-93-
13 and set public hearing for 1/12/94.
10
Regular City Council Meeting
December !5, 1993
Page Eleven
93.020
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
~ ~0. ~ - Animal Regulations
(Director of Community Development Transmittal
dated 12/9/93, 0-93-14)
Reading, Set Public Hearing 1/26/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 18, OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-93-14 by title
only.
Discussion followed on pot-belly pigs. The Assistant
City Attorney said if City Council is inclined to
allow pot-belly pigs, it hold a hearing and enter
reasons in the record why this type of animal should
be allowed.
MOTION by Corum/Oberbeck
I make a motion that we accept the first reading
of Ordinance No. 0-93-14 and set the public hearing
for 1/26/94.
Mr. Oberbeck expressed concern for 18-28 which allows
up to 10 small animals such as rabbits, gerbils, etc.
ROLL CALL:
Mayor Powell - nay
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-1 (Powell - nay)
11
Regular City Council Meeting
December 15, 1993
Page Twelve
93.123 D.
ORQINANCE NO. 0-93-18 - Sign Regulations
(Director of Community Development Transmittal
dated 11/17/93, 0-93-18, Torpy Letter dated
11/i/93)
Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING DIVISION IV, ARTICLE XV,
SECTION 20A-15.1 ET. SEG., OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN PERTAINING TO SIGN -
REGULATIONS IN iTS ENTIRETY; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-93-18 by title
only.
The Director of Community Development gave a brief
explanation.
City Council discussion followed relative to leaving
real estate signs at 16 square feet. The City
Attorney said he would review the section relative to
special events signs.
Mr. Freeland excused from 9:40 to 9:41 p.m.
TAPE II - SIDE Ii (9:42 p.m.)
The City Attorney advised that the section relative
to special events should refer to Section 20A-15.5.
Mrs. Corum commented that, in her opinion, this
ordinance does not work to beautify the city.
The Director of Community Development said the
request for increase in size in real estate signs was
brought to him and not to Planning and Zoning.
12
Regular City Council Meelin?
DecemDer 15, 1993
Page Thirteen
It was the consensus of City Council to leave real
estate signs at 16 square feet.
MOTION by Oberbeck/Corum
I move to approve first reading of Ordinance No.
O-93-18 and set public hearing for January 12, 1994.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Mr. Oberbeck excused from 9:49 p.m. to 9:54 p.m.
93.300
ORDINANCE NO. 0-93-20 - Drive-Through Facilities
(Director of Community Development Transmittal
dated 12/7/93, 0-93-20)
Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-
3.9(C), 20A-6.1(C) (9) (a) AND 20A-6.1(C) (9) (b) (4) OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
PERTAINING TO CL, LIMITED COMMERCIAL DISTRICTS, BY
PERMITTING DRIVE-THROUGH FACILITIES AS CONDITIONAL
USES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-93-20 by title
only.
The Director of Community Development gave a brief
explanation.
MOTION by Freeland/Powell
I move to approve first reading of Ordinance No.
0-93-20 and set public hearing for January 12, 1994.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
DecemDer 15, 1993
Page Fourteen
93.368 F.
Reclassification Request for Clerical Assistant
I__~ ~osition in the Util~.~.ies Department
(Uti!i~es Director ~ ~ 12/7/93.
Utilities Director Memo ~ted 11/8f93. Personnel
Action Form. personne~ Director ~mo date~
The Utilities Director submitted additional backup
and offered justification for the upgrade.
City Council discussion followed.
The Personnel Director said she had reviewed this-
position and stated that a clerical assistant II does
not'perform some of the duties that the person in
this position performs.
MOTION by Freeland/Oberbeck
I make a motion to deny the upgrade of
Administrative Assistant in the Utilities Department.
Discussion continued.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
15.
MOTION CARRIED 3-2 (Damp, Corum - nay)
MAYOR AND CITY COUNCIL MATTERS
A. MaYor bonnie R. Powell
Mayor Powell inquired about Golf Course resident
discount cards.
B. Vice-Mayor Frank Oberbeck
Mr. Oberbeck inquired about no trespassing signs at
Stonecrop Park.
C. Mrs. Earolyn corum
Mrs. Corum recommended a city Arbor Day celebration,
said there are two in-ground diesel tanks at the water
and wastewater treatment plants that have not been
checked and recommended that samples be taken.
14
Regular City Council Meeting
December 15, 1993
Page Fifteen
The Utilities Director responded and noted that the
city does have an indemnification clause in the
purchase agreement.
D. Mrs. Norma Damp
Mrs. Damp invited the public to the Handicapped Self-
Evaluation Committee meeting on January 5, 1994 in
the conference room.
-. E. Mr~ Robert Free~and
Mr. Freeland wished everyone a merry Christmas. -
16. INTRODUCTION OF N~~IN~SS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - BY Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Herbert Sturm, 549 Saunders Street, Sebastian, spoke
on the 27 questions he has posed to City Council
regarding Code Enforcement.
17. Mayor Powell adjourned the Regular Meeting at 10:30
p.m.
Approved at the ' , 1993, City Council
..... Meeting.
city Clerk
Cit ' of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAI; JANUARY 5, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAi' BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Powell
p.m.
2. The Pledge of
3. ~o~.__~ C_Ak~
called the workshop to order at 7:00
Allegiance was recited.
Present:
Absent:
Also
Present:
Mayor Lonnie Powell
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Vice Mayor Frank Oberbeck (excused)
City Clerk/Acting City Manager,
Kathryn M. O'Halloran
Assistant City Attorney, Richard Torpy
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Golf Course Pro/Manager, Joseph O'Rourke
Deputy City Clerk, Sally Maio
City Council Workshop
January 5, 1994
Page Two
~GENDA ~ODIFICA?IONS ~_~ AND/OR DEL~IONB),
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
5. ~ROCLAMATIONSIAN~.QUNCEMENTS
94.001
94.002
Rresentat~0D of Pla=u~.s to 1~ o_~ She
1st. 2lk~ 3rd an~ ~th ~ of ~ a_/~
~ Of ~he ~ ~99~
Mayor Powell presented plaques to Employees of the
Quarter Leland Bacon, Desmond Chambers, Suzanne
Holmes, Nancy Veidt; and Employee of the Year 1993
Desmond Chambers.
B. Letter of .Commendati.o_n t__o Chief
Mayor Powell read a letter of commendation for Chief
of Police, Earle Petty, relative to his participation
in the apprehension of an escaped convicted murderer.
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.
No~e.
7. CITY ATTORNEy KATTERS
NoRe.
8. gITY MANAGER F~ATTERS
The City Clerk/Acting City Manager announced that
North County Recreation and Little League will take
registrations for winter programs at Barber Street
Sports Complex on January 8, 1994; stated that the
Pelican Island Garden Club would like to donate a
tree to plant on a city property on January 21, to
which the City Engineer responded that an oak tree
has been located and will be planted on the City Hall
Complex property; said Indian River County has made
City Council Workshop
January 5, 1994
Page Three
arrangements with Harris Sanitation for curbside
Christmas tree pickup on January 8, 1994; and read a
letter from Attorney Torpy relative to the Julian
property. Attorney Torpy further discussed means to
obtain the property.
9. WORKS~Qp ITEMS
93.186
Review Revised O-93-1~ ~ ~nforceme~ ~
~ °f ~ DeveloDment Transmittal
date_d 2 7~ Q-93-16. TorDv ~et~er ~ated
11/2.~/93]
Herbert Sturm, 549 Saunders Street, Sebastian,
expressed certain objections to the proposed
ordinance. Attorney Torpy responded.
Discussion took place on the election of officers by
the membership, appointment of and term for legal
counsel, use of the word "alleged" prior to
"violator", addition of cross-references regarding
service of notice; and merits of
the citation system.
TAPE I - SIDE II (7:47 p.m.)
Discussion of the citation procedures continued.
Freeland requested a cost analysis for the board
system.
Mr.
MOTION by Corum/Damp
I make a motion to set first reading for
Ordinance No. 0-93-16 for January 12, 1994.
ROLL CALL:
Mr. Oberbeck - absent
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-0 (Oberbeck - absent)
3
City Council Workshop
January 5, !994
Page Four
94.003 B.
94. 004
1993 Occupational License Tax Amendments -
~stablish E~uitv Study
Clerk/Actina ~ Manaqer Transmittal gated
12/1~/94. UnderstandiDq and ImDlemen~..inq the 1993
OccumatioDal License Tax ~gform Bill)
The City Clerk/Acting City Manager recommended the
formation of a five member Equity Study commission,
that there be no change in the occupational license
fees, however, that the $250 penalty for operating
without a license be adopted.
MOTION by Freeland/Corum
I'd like to make a motion that we direct the staff
to go ahead and draft the resolution establishing
the committee.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - absent
MOTION CARRIED 4-0 (Oberbeck - absent)
Riverview park - ~ank Stabi.lization
~n~ineer ~ransm~t~a~ date~ .12/9/93, 2 Pro~
The City Engineer gave a brief report and proposed
engaging an engineering firm to organize a joint
meeting with state agencies to determine the best
method to stabilize the erosion along the shoreline
of Riverview Park.
Mrs. Corum said there are SWIM grant funds available.
The City Engineer said he would pass along the
information to the consultant.
MOTION by Freeland/Corum
I move that we approve the agreement for Coastal
Technology, Corp. in the amount of $1,950 for
Riverview Park.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - absent
Mrs. Corum - aye
MOTION CARRIED 4-0 (Oberbeck - absent)
City Council Workshop
January 5, 1994
Page Five
94.0O5
Mayor Powell called recess at 8:20 and reconvened the
meeting at 8:35 p.m. All members were present.
Direct Staff to Dr~t Resolution Ado~
t~Jg_~local A~reement Amomc Indi~an River Count~
Its Municipalities and SchQol Board t__q Form
.~!Council pf Pu~.lic Official.~,' (City ~
· ransmittal dated ~2/17/.93, gommis~ione.r Bird
Letter ~ated 12/8/93. Interlocal A~reemen. t,
~ount¥ ~ ND. 93-213. ~ 163.02]
MOTION by Freeland/Damp
I would move that we direct staff to draft a
resolution for adoption at the January 12, 1994
meeting for the proposed interlocal agreement.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - absent
Mrs. Corum - aye
Mrs. Damp - aye
94.006
MOTION CAP~RIED 4-0 (Oberbeck - absent)
Se% Pub~..ic ~ for John T. ~ideoD ~ ~
Use Permit ~ ~et Cremation Bus~Dess ~n C-5~.2
Zonin~ ~ of ~ommunity DeveloD~ent
Transmi%tal dated 12/13/9~.~ ADDlica~ion)
93.312
It was the .consensus of the City Council to set the
special use hearing for January 27, 1994 at 7:00 p.m.
Cons%ruction Board Recommendation - Reap_point
John Laman to .Construction Board to Additional
Three ~ Ter.m to ~xpire SeD~ember 1996
~(Dir~ctor Df Communi_%¥ DevelopmeD.t Tran~
dated 12/15/93. Two ADDlica.~ions~
MOTION by Freeland/Corum
i'll make a motion that we appoint Wayne Tozzolo,
general contractor, for a three year term to expire
September 1994.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - absent
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
MOTION CARRIED 3-1 (Damp - nay, Oberbeck - absent)
5
CiTy Council Workshop
January 5, 1994
Page Six
94.007 G.
FDOTi~ B~autification Grant and ~aintenance
~emorandum of 6greement - ~....S. Median Irriuation
an__d Plant Material - Direct At_~ ~o Draft
Resolution C/Ci_~_Y~Transmit~al dated
12/1Q193. Memo~ 12/22J93 from~ Nasb !
Torpy, i~ Beautification Grant & Maintenance
Memor..~ndum of ~greement, ~.esolution ~o. R-91-2..3...)
The City Engineer gave a brief explanation and the
City Attorney advised City Council on its obligations
relative to the maintenance agreement.
Mrs. Corum suggested xeriscape.
TAPE II - SIDE I (8:48 p.m.)
Discussion continued on the type of plants and
irrigation.
The City Clerk/Acting City Manager stated that staff
could draft the resolution and the Assistant City
Attorney said that since he had already drafted a
resolution he would donate its preparation.
MOTION by Damp/Corum
I move that we approve the Highway Beautification
Grant and Maintenance Memorandum agreement and accept
the City Attorney's resolution.
ROLL CALL:
Mr. Oberbeck - absent
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-0 (Oberbeck - absent)
94.008
H. ~ Counci_~l ~ ~e~ Pendin~ List (City
Transmittal dated 12/21/94. List)
Keith Miller, 961 Riviera Avenue, Sebastian,
commended City Council, said Council has completed
many issues and wondered whether certain procedures
need to be reviewed further.
It was the consensus of City Council to address each
item for which there are concerns.
City Council Workshop
January 5, !994
Page Seven
Each item was addressed and all files will remain
open at this time except 93.312.
It was the consensus of City Council to direct the
Assistant City Attorney to draft the cable ordinance
for adoption prior to February 15, 1994.
Mrs. Corum inquired whether the Finance Director had
established a committee regarding cable and the City
Clerk/Acting City Manager said she would look into it
tomorrow.
Discussion took place on the possibility of the use
of the old library for the Utilities Department.r
It was the consensus of City Council that staff
should meet with property owners regarding Riverfront
zoning.
10. MAYOR AND CITY COUNCIL MATTERS
11.
A. Vice-MaYor FraDk Oberbeck
Absent.
B. Mrs. Carolyn .~orum
Mrs. Corum suggested two part time Code Enforcement
officers to cover weekends; and inquired about the
Sembler development.
C. Mrs. Norma DamD
None.
D. ~r. Robert Freeland
None.
E. Mayor Lonn~.~ R. ~
None.
Being no further business, Mayor Powell adjourned the
workshop at 9:35 p.m.
C.~x Council Workshop
January 5, 1994
Page Eight
Approved at the
Meeting.
, 1994, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/A3%E
City Clerk
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT:
Resolution No. R-94-01
Vacation of Easement
Timm
APPROVED FOR SUBMITTAL BY:
City Manager:~.~-~
AGENDA FORM
)
)
)
)
)
)
)
)
)
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
~/6/9,,4
Exhibits: * R-94-01
* City Engineer Memo dated 12/14/9
* Application
* Survey
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
Catherine K. Timm, 1620 North Central Avenue, Sebastian, has
applied for vacation of an easement on which a house was built
approximately thirty years ago and was never abandoned.
We have received no objections from staff or utilities.
RECOMMEND~ ~T~
Move to adopt Resolution No. R-94-01.
RESOLUTION NO. R-94-01
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND
DISCONTINUING THE SOUTHEAST THREE FEET OF LOT 4 AND THE
NORTHWEST THREE FEET OF LOT 5, PUBLIC UTILITY AND
DRAINAGE EASEMENT OF BLOCK 1, INDIAN RIVER HILLS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED iN
PBI 4-51, PUBLIC RECORDS OF iNDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPF2kL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONI~LICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION ~
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The southeast three feet of Lot 4, and the northwest
three feet of Lot 5, public utility and drainage
easement of Block 1, Indian River Hills Subdivision,
according to the plat thereof, recorded in PBI 4-51,
Public Records of Indian River County, Florida.
SECTION II
All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
The foregoing Resolution was duly passed
by the City Council of Sebastian, Florida, this
, 19
and adopted
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(S~)
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
i HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared n~ R. ow~ and
~ ~. ~ known to me to be Mayor and City Clerk
respectively, and neither of them took an oath.
WITNESS my hand and seal in Indian River County, Florida, the
day of , 19 .
Linda M. Galley
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
Charles I. Nash, City Attorney
DATE:
TO:
FROM:
RE:
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
December 14, 1993
K~6hryn M. O'Halloran
City Clerk ~
Daniel C. Eckis, P.E
City Engineer/PublicN~z'ks Director
Abandonment of Easement Lots 4 and 5, Block 1
Indian River Subdivision
I have reviewed the request for abandonment of easement and have no
objections to this abandonment being approved., with the existance
of a single family residence.
Should you have any questions or need any additional information,
please feel free to contact me at this office.
DCE/lk
APPLICATION FOR VACATION O~ EASEMENT(S)
(This rsouest shal__l n_~o b_~e accepted unless ~ i_~n full____~)
TELEPHONE NO.__~ -- ,~ 7~ TYPE OF ENTITY:* t~JJ ,'c{
*individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL D~SCRiPTION OF REAL PROPeRTy ON WHICH EASEMENT ~XISTS:
DESCR]PTiV~ LOCATION O~ ~AS~ TO ~ ABA~ON~D:
(This item to be filled in by Buildin~ Official)
TYPE OF EASEMENT:~~
APPROXIMATE SIZE OF EASEME~: ~O' f~t in 1Nn~thitn width
PURPOSE FOR REQUEST TO VACATE: D~'~% b~,' {~ 4~O
(Explain in detail your need %o release this eaaement
I HEREBY CERTI~ that i, the Applicant, o~ the real property on
which the e~sement I request to vmoste exists, or I am suthorized
to present thl~ regue~t to vacate by the o~er of the real
property.
Signed:(title2 if any) ~ate ' "
~~e,~ }~' ~'~ Corporate Seal
Please Print Na~e Here
A~ hereto ~he
(~1. Map, plat, Su~e2' or clear drawin9 a~ lsas~ ~ 172" x
showin9 ~he Parcel o~ lend on which the easemen~
with paroel(s) o~ lend a~jaoen~ ~o the easemen~
.~o be vacated. ~HOW THE ~SEME~ CLEARLY ON D~WXNG.
(~2. Complete legal description of %he parcel of land on which
(N/A) the easement exists if the full description cannot be
placed on the lines provided above for the description.
( ) 3. written authorization of the owner of the parcel of land
(N/A) on which the easement exists tf the applicant 18 not the
owner.
) 4. IF IT IS NECESSARY TO ~RANT BACK ANOTHER EASEMENT TO
(N/A) REPLAC~ THE EASEMENT T~AT I~ TO BE VACATED, ATTACM A DEED
OF EASEMENT TO ACCOMPLIS~ THE DEDICATION OF T}IE NEW ~ASEMENT.
) 5. Attach a check or money order psyable to "The City of
Sebastian" upon submittal of %his sPplicetion %o the
Offlc~ of the City Clerk. This epplicstion fee is not
refundable. Th~ fee is ~25.00.
:
City of Sebastia
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: FDOT Grant
Application and
Resolution
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
ENG / P~~'
01-06-94
01-12-94
) Exhibits: Exhibit A District
) Four (4) Highway Beautification
) Grant and Resolution R-94-02
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the workshop meeting of January 5th, 1994, City Council
approved the ,enclosed Highway Beautification Grant and directed
staff to draft a Resolution R-94-02 authorizing the Mayor and
City Clerk to enter into the Highway Beautification Grant.
RECOMMENDED ACTION
Move to approve Resolution R-94-02 Authorizing the Mayor and City
Clerk to enter into District Four (4) Highway Beautification
Grant and Maintenance Memorandum Agreement.
RESOLUTION NO. R-94-02
A P. ESOLUTION OF TH~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZINGTH~MAYORARDTH~ CITY CLERK
TO ENTER IN~0 DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION
GRANT AND MAINTF/~ANCE MEMORANDUM OF AGREEMENT DSF
AGREEMENT BETWEEN TH~ STATE OF FLORIDA DEPARTmeNT OF
TRANSPORTATION (HER]ZINAFTER "DEPARTMF/TT") AND THECITYOF
SEBASTIAN (HEREINAFTER "CITY"); PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICTHEREWITH;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIV~ DATE.
WHERF2~, the City Council desire that City of Sebastian
improve various areas within the City of Sebastian by adopting and
promoting proper highway beautification and maintenance; and
WHEREAS, the State of Florida Department of Transportation
has made available to the City of Sebastian funding for the purpose
of highway beautification along the U.S. 1 corridor within the'
corporate city limits of the City of Sebastian; and
WHEREAS, receiving of funding for highway beautification
purposes, requires the City to enter into an agreement with the
Department for installation and subsequent maintenance of the
beautification project; and
WHEREAS, the Mayor and City Council of the City of Sebastian
have determined that entering into an agreement with the State of
Florida Department of Transportation will provide funding not
otherwise available to the City, as well as provide for
beautification along the U.S. 1 corridor that would not otherwise
be available to the citizens; and
WHEREAS, the City Council of the City of Sebastian desire to
authorize the Mayor and the City Clerk to enter into a District
Four (4) Highway Beautification Grant and Maintenance Memorandum of
Agreement DSF between the City of Sebastian and the State of
Florida Department of Transportation for purposes of obtaining
highway beautification funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CIT~ COUNCIL OF THE CiTY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section IL The City Council of the City of Sebastian
hereby authorize the Mayor and City Clerk to enter into a District
Four (4) Highway Beautification Grant and Maintenance Agreement DSF
between the City of Sebastian and the State of Florida Department
of Transportation. Said agreement being attached hereto as Exhibit
Section 2. The City Clerk of the City of Sebastian is
hereby directed to send copies of this Resolution to the State of
Florida Department of Transportation and all other persons or
entities as required.
Sect io,,n
CONFLICT.
All resolutions or Darts of resolutions in conflict herewith
are hereby repealed.
Sec, tion 4.
SEV~RABILIT~.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Resolution is invalid or
unconstitutional, the remainder of the Resolution shall not be
affected and it shall be presumed that the City Council of the City
of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Resolution
without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 5. EFF~CTIV~ DATE.
This resolution shall take effect immediately upon its
adoption.
The foregoing Resolution was moved for adoption by
Councilmember The motion was seconded by
Councilmember and, upon being put into a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CI~f OF SEBASTIAN
ATTEST:
Lonnie R. Powell, Mayor
Kathryn M. 0'Halloran
CMC/AAE, City Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF A~R~EMENT
DSF
THIS A~REEM]~TT, made and entered into this day of
19 __, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, a component a~ency of the State of Florida,
hereinafter called the "DEPART~TT. and the City of Sebastian, a
political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter called the . City
W !,,T N E. S S E,T,~
WHEREAS, as a part of the continual updating of the State of
Florida ~i~hway System, the Department, for the purpose of
safety, protection of the investment and other reasons, has
constructed and does maintain lane ( a 4 lane ) highway
facilities as described in Exhibit "A" attached hereto and
incorporated by reference herein, within the corporate limits of
~ and
WHEREAS, the City is of the opinion that said
highway facilities'"that c%ntain e i n ill
tr~ 1 b in 'n d r' ic r' in i
m win f r il'z'n l'tt i - n ne a r - 1 t'n ¢ and
WHEREAS, the parties hereto mutually recognize the need for
entering into an Agreement designating and setting forth the
responsibilities of each party; and
WHEREAS, the c~v by Resolution No R-94-02
dated .
_, 19 , attached hereto and by this reference
made a part hereof, de~res to enter into this Agreement and
authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual
benefits to flow each to the other, the parties covenant and
agree as follows:
1__=. Th · her a e o ins 1 a d 'n
n he h' hw f '1' 'e s i i 'n a s an
e if' · i c u E ' it "B" 'th h f 1 owin
NONE
The C i t_.y___~
la d ' , r t main in th
~a ~ ca in f llow' h D ar~~ ~__~_~ ~'~ ~n ne
=~ ~ n sca e i lin s for
afc a d la t care. h i 's re on ibilit for iht nance
1
shal%......inct~de al! landscape/tu%fed areas~and areas ~.Dyered with
int~rlockin9 oaver~...or similar t~-De s~rfacin~ (hardscape) on
Department of TranspQrtation righ~-of-w~y_.within the limits of
the Qro~ect Such mainteDance ~o be provk~.ed, by the CiTy is
~.pecif~call¥ set o~t as follows:
To maintain, which means 2hat proper
wa~erino ~.nd proper fer%ilization of all.plants an~.ke~Di~ them
as free as ~ractica~le from disease and harmful insects: to
~ro~er!v .... mu~ch the plan[ .~dS; to keep the premises.._~ree of
weeds: to mQw.,an~/Qr cut the ~rass to a proper length: to
~ro~erly Dr~...ne all Qlants which include.s.....(l) removin~ dead or
diseased parts .of Dlan~s~ or (2) ..prunin~ s~ch parts the~0f which
presen~ a. visual hazard for those u~ing the roadway. To maintain
a!sQ means removin~ or re~lacin~ dead or...diseased plants in their
entirety, 'or ~emovin~or replacing those tb~t fall belo~_.ori~inal
pro~ec~ s%andar~s. Ail plants r~moved fQr whatever reason shall
be replaced bY ~l.ants of ~he same ~rade as s~e~ified in th~
original plans and specifications ~d of a size comparable tm
those existin~.....at the time a~roval is obtained from th.~
Department's District Secretary for ~he use of alterm~ate material
or deletion~ TO maintain also means to keep the ha~.~¢ap9 areas
free from weeds and replace~e~tof any areas becomin~_.iD
~isrepair sQ....as to ca~se a safe%y hazard, To maintain a~so means
~o keep litter removed from the..med[am strip or landscap.gd...,.areas
within the said ~ro~ect. Plants shall be those ite~......which would
ba scientifically classified as_plants and include but _ar~ nor
limited to trees~ ~rass or shrutbs.
The above named functions to be performed by the City ,
shall be subject to periodic inspections by the Department. Such
inspection findings will be shared with the City and
shall be the basis of all decisions regarding, payment reduction,
reworking or agreement termination. The city shall not change or
deviate from said plans without written approval of the
Department.
If at any time after the c4tv has
assumed the landscaping installation an6/or maintenance
responsibility above-mentioned, it shall come to the
attention of the Department's District Secretary that the
limits or a part thereof is not properly maintained pursuant
to the terms of this Agreement, said District Secretary may
at his option issue a written notice that a deficiency or
deficiencies exist(s), by sending a certified letter in care
of the Public WOrks Director , to place said City on
notice thereof. Thereafter the c~t~ shall
have a period of thirty (30) calendar da~s within which to
correct the cited deficiencies. If said deficiencies are
not corrected within this time period, the Department maZ at
its option, proceed as follows:
(a) Complete the installation or a part thereof, with
2
¸4.
Department or Contractor's personnel and deduct the
cost of such work from the fi~ 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 Pal$~ and charge the
... Cit~ the reasonable cost of such
removal.
It is understood between the parties hereto that the
landsca~in~ 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 c~ shall be given sixty (60) calendar
days notice to remove said landsCaDinc after which time the
Department may remove same. -
The Department agrees to pay to the city
an amount not to
exceed $ 104.697. as defined in Attachment
"C". Subject to this limit,the bepartment will pay only for
those costs which area allowed by Section 339 24 Florida
Statutes: ·
(a) Sprinkler/irrigation system (purchase only).
(b) Plant materials and fertilizers/soil amendments.
(c) Paver bricks & other hardscape items.
The Department,s participation in the project cost, as described
in Attachment "C" is limited to only those items which are
directly related to this project. Payment shall not be made
until (1) certification of acceptance is received from the
publ~ work~ D~r. Landscape Architect/ or designee and (2) a
Department Landscape Architect and/or his designee has approved
the 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 Statutes. ' '
(b) Any penalty for delay in payment shall be in accordance
with Section 215.422(2) (b), Florida Statutes.
(¢)
Bills ior 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)
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 request. Records of-
costs incurred includes the '~_C3_tmaLs__general
accounting records, together with supporting documents
and records, of the city and all subcontractors
performing work, and all bther records of
the City and subcontractors
considered necessary by the Department for a proper
audit of costs.
(e)
The c~ty 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 City fails to
perform its duties under Paragrap~ 2, following ten
(10) days written notice.
By the Department, for refusal by the City to
allow public access to all documents, papers, letters,
or other material subject to the provisions of Chapter
119, Florida Status and made or received by the Cxty
in conjunction with this Agreement.
The term of this Agreement commences upon execution.
To the extent permitted by law, the City shall
indemnify and hold harmless the Department, its officers and
employees from all suits, actions, claims and liability
arising out of the City's negligent performance of
the work under this agreement, or due to the failure of the
City to construct and maintain in the project in conformance
with the standards described in item under 2 of this
10.
agreemen:.
The City may construct additional landscaping
within the limits of the right-of-ways identified as a
result of this document, subject to the following
conditions:
Plans for any new landscaping shall be subject to
approval by the Department. The City shall
not change or deviate from said plans without written
approval by the Department.
All landscaping shall be developed and implemented in
~ccordance with appropriate state safety and road
design standards;
(c)
The City agrees to comply with the
requirements of this agreement with regard to
additional landscaping installed;
any
(d)
No change will be made in the payment terms established
under Item number four (4) of this agreement due to any
increase in cost to the City resulting from
the installation of landscaping added under this item.
This writing embodies the entire A~reement and understandin9
between the parties hereto and there are no other A~reements
and understanding, oral or written, with reference to the
subject ~tter hereof that are not merged herein and
superseded hereby.
The Department, durin9 any fiscal year, shall not expend
money, incur any liability, or enter into 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. by 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 enterin~ into any such
contract or other bindinq commitment of funds. Nothin9
herein contained shall p~event the makin~ of contracts for
periods exceedin~ 1 year, but any contract so made shall be
executory only for the value of the services to be rendered
or agreed to be paid for in succeedin9 fiscal years; and
this paragraph shall be incorporated verbatim in all
contracts of the Department which are for an amount 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
A~reement, 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 parties
hereto.
This A~reement may not be assigned or transferred by the
Cit~. , in while or part without consent
of the Department.
This A~reement shall be 9overned by and construed in
accordance with the 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 OF TRANSPORTATION
DOT Approval as ~o
Form and Legality
Date
BY:
District Secretary
ATTEST
(SEAL)
Executive Secretary
BY:
Lonnie Powell
ATTEST:
(SEAL)
City Clerk
K~thryn M. 0'Halloran
NOTE:
JO~ NO.
wP~ # (s)
COUNTY
SR NO.
EX~IBIT
Landscaped Medians from the Souuth City limits to the
North City limits.
Mileposts (MP) are obtained from Department of
Transportation Straight Line Diagrams.
JO~ NO.
W~I NO.
COUNTY
SR NO.
EXHIBIT
The Department agrees to supply to the
following list of materials:
the
List of Construction Drawings and Specifications
Prepared by the City of Sebastian and Brad Smith and Assoc.
Dated 6/7/93
DWG No. O-1 thru 0-9 Overview Plan;
DWG No. L-1 thru L-3 Landscaping Plan;
DWG No. I-1 thru I-3 Irrigation Plan;
as itemized on the Landscape Bid Breakdown Form
and the Irrigation Bid Breakdown Form
JOB NO.
S~. NO.
ATTA~ "C"
( GENE~ )
PROJECT COST
This exhibit forms an intgral part of the Highway Beautificatibn
Grant Agreement between the State of Florida, Department of
Transportation and
dated
I. PROJECT COST:
$104,697.00
City of Sebastian
1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA FORM
APPROVED FOR SUBMITTAL BY:
SUBJEO?:
Resolutidn No. R-94-03
Interlocal Agreement Establishing
"Council of Public Officials,,
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
* R-94-03
,city ~
1/6/94
1/1~/94.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
The City Council, at its January 5, 1994 workshop, directed staff
to draft a resolution approving an interlocal agreement among
Indian River County, its five municipalities and School Board to
establish a "Council of Public officials".
RECO, MJVIENDED ACTION
Move to adopt Resolution No. R-94-03.
RESOLUTION NO. R-94-03
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY; AN INTERLOCAL AGREEMENT
AMONG INDIAN RIVER COUNTY, ITS MUNICIPALITIES AND
SCHOOL BOARD; ESTABLISHING A "COUNCIL OF PUBLIC
OFFICIALS" IN ACCORDANCE WITH SECTION 163.02 OF THE
FLORIDA STATUTES; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEFERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Interlocal Cooperation Act of 1969,
Section 163.02, Florida Statutes, permits the establishment of a
council of local public officials; and
WHEREAS, the City Council of the city of Sebastian has
determined that a council of local public officials in Indian
River County, modeled after Section 163.02, F.S., would serve the
public interest by promoting efficiency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section l. AGREEMENT. The City Manager and City Clerk of
the City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the Interlocal
Agreement establishing a "Council of Public Officials" in Indian
River County, a copy of the Interlocal Agreement having been
attached to this Resolution as Exhibit "A" and by this reference
incorporated herein.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section !. SEVEP~BILIT¥. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
~ 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved' for adoption by
Councilmember
seconded by Councilmember
being put into a vote, the vote was as follows:
The motion was
and, upon
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
2
CITY OF SEBASTIAN
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn ~. O'Halloran, CMC/AAE
City Clerk
(SZAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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 OR CHID, AND THE
SCHOOL BOARD OF INDIAN RIVER COUNTY.
THIS AGREEMENT, made and entered into this 7 day of
~'~- ._~ , ]993 by and among INDIAN RIVER COUNTY, Florida, a
political subdivision of the State of Florida, the address of which is
]840 25th Street, Veto Beach, Florida 32960, the CITY OF VERO
BEACH, Florida, a municipality incorporated under the laws of Florida,
the address of which is ~053 20th Place, Yero Beach, Florida 32960, the
CITY OF SEBASTIAN, Florida, a municipality incorporated under the
daws of Florida, the address of which is 1225 Main Street, Sebastian,
Florida 32958, the CITY OF FELLSMERE, a municipality incorporated
under the laws of Florida, -the address of which is P. O. Box 38,
Fellsmere, Florida 32948, the TOWN OF INDIAN RIVER SHORES, a
municipality incorporated under the laws of Florida, the address of
wkich is 600~ N. A-a-A, Vero Beach, Florida 32963, the TOWN OF
ORCHID, a a municipality incorporated under the laws of Florida, the
address of which is 10 Orchid Island Drive, Veto Beach, Florida 32963,
and the SCHOOL BOARD OF INDIAN RIVER COUNTY, a school district
of Florida, the address of which is 2990 25th Street, Vero Beach,
Florida 32960, (hereafter the "PARTIES"),
WiTNESSETH
WHEREAS, the Florida Inter]ocal Cooperation Act of 1969, Section
163.02, Florida Statutes, permits local government units to enter into an
a~reement v~th each other for the establishment of a council o£ local
public officials; and
WHEi~EA$, it appears that a counci! of local public officials in
Indian River CounTy, modeled after Section 165.02, F.$., 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".
Representation.
Each party will be represented by an elected public 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. Meetin~s...~
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 Administration
Bu/lding, 1840 25th Street, Veto Beach, Florida unless on proper notice
meetings may be held from time to time at other locations.
5. Advisor.v i~. Nature.
The council is advisory iu 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 River 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 arrangements and coordinate action
among its members;
(c) Make recommendations for review and action to 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 groups.
Termination.
The parties reserve the right to terminate this agreement at any
~ime by providing written notice ~o the other parties.
IN WITNESS WHEREOF, the parties have entered
agreement on the date first written above.
ATtest:
Cler_~of Court~ Z ~'~
Attest:
~to this
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman .
CITY OF SEBASTIAN, FLORIDA
By
City Clerk Mayor
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
APPROVED FOR SUBMITTAL BY:
City Manager: ~,~
AGENDA FORA{
~UB~ECT: )
Resolution No. R-94-05 )
Establishing Occupational License )
Equity Study Commission )
)
)
)
)
)
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
* R-94-05
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
The City Council, at its January 5, 1994 workshop, directed staff
to draft a resolution establishing an occupational license
Equity Study Commission in accordance with new state legislation.
RECO .~AYES~ED T~
Move to adopt Resolution No. R-94-05.
RESOLUTION NO. R-94-05
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING AN OCCUPATIONAL LICENSE
EQUITY STUDY COMMISSION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, recently enacted 205.0535, F.S., allows the
establishment of an Equity Study Commission to establish tax
equity among the various business classifications; and
WHEREAS, failure to implement the occupational license tax
under these new provisions by October 1, 1995 will leave the City
of Sebastian under state control thereafter; and
WHEREAS, the City Council deems it in the best interest of
the public to have local control of occupational license taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. ESTABLISHMENT OF COMMITTEE. Pursuant to the
provisions of Section 205.0535, F.S., an Equity Study Commission
is hereby established and hereinafter referred to as the
"Committee".
SECTION 2. PURPOSE AND FUNCTION. The purpose of the
Committee is to examine and review the Occupational License
Ordinance, Chapter 30, Article II of the Code of ordinances of
the City of Sebastian, Florida, regarding classifications and
rate structures, and to recommend revisions to such
classifications and rate structures for the occupational license.
The Committee shall be guided by the following objectives in
formulating its recommendations:
(1) The Committee shall review the businesses,
professions, and occupations within each classification and
recommend any reclassifications or new classifications.
(2) The Committee shall recommend a classification for
any business activity not currently paying an occupational
license tax.
(3) The Committee shall review the rates of each
classification, and recommend any fee changes necessary to
establish equity between the rates for such classification.
(4) After conducting objectives (1) through (3) above,
the Committee shall propose a rate structure that will not
generate a decrease in revenues. Any additional revenue
generated from the rate structure changes shall be applied to the
existing license and not from other factors that would have
normally caused increased license revenue (additional licenses or
increases in variable factors such as assets, value of inventory,
number of employees, etc.)
The final report and recommendations of the Committee shall
be made to the City Council no later than September 1994.
SECTION 3. MEMBERSHIP. The Committee shall be comprised of
five members appointed by the City Council. Members shall be
owners, officers, managers, or members of the board of directors
of a business or profession located within the City of Sebastian.
The term of all members shall expire upon acceptance of the
Committee's final report by the City Council unless specifically
extended by the City Council.
SECTION 4. ADVISORY STATUS. The Committee shall be
advisory only and the members shall serve without compensation.
SECTION ~. APPOINTMENT OF COMMITTEE SECRETARY AND RECORDING
MINUTES. A Committee secretary will be appointed by the ~ity
Clerk and will keep a record of the minutes of the Committee in
accordance with Florida law.
SECTION 6. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 7. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution .shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 8. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember The motion was
seconded by Counc~!member
being put into a vote, the vote was as follows:
and, upon
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
'Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. 0'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
CIT~ MANAGER JOB DESCRIPTION
APPROVED FOR SUBMITTAL BY:
Acting City
Manager:
AGE.DA NO. & ~' D/0
~,.~-~
Dept. Origin Personne~ _
Date Submitted. 12/28/93
For Agenda Of ~
Exhibits: ATT&qHED
J~B DESCRIPTION
i EXPab~I~OKE AMOUNT APPROPRIATION
~QU~D: S/A SUDGETED: N/A ~QU~D. ~/A
s~~ ,STATE. N?
Attached is the revise~ job description for the City
the changes that were d~scussed at the October 6, 1993
Meeting.
Manager with
City Council
~EC,0MMENDED ACTION
Move to adopt Resolution R-94-06 adopting the lob description Eot
the position of City Manager.
~ESOLUTION NO. R-9~-06
A RESOLUTION OF THE CIT~ OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION
OF CITY MANAGER~ PROVIDING FOR INCLUSION OF SUCH JOB
DESCRIPTION IN THE CITY OF SEBASTIAN'S STANDARD OPERATING
PROCEDURES; PROVIDING FOR REPF2tL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH~ AND PROVIDING FOR AN
EFFECTIVE DATE.
B~ IT KESOLVED by the City Council of the City of Sebastian,
Indian River County, Florida, as ~ollows:
SECTIO~ 1. The job description for the classification of City
Manager attached hereto as Exhibit "A" is hereby adopted.
SECTION 2. The City Clerk is hereby directed to supply a copy
of this job description to the Mayor and members of the City
Council and all Department Heads for inclusion in the Standard
Operating Procedures for the City. The City Clerk shall note the
number and date of this Resolution on said job description.
SECTIO~ 3. Ail Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
SECTION4. This Resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved for adoption by
Councilmember The motion
was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Ma~or Lonnie Powell
Vice Ma~or Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
The M~yor thereupon declared this Resolution duly passed and
adopted '~h~s day of
~, 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
Approved as to Form and Content:
Chalres I'. Nash, City A~torney
BY:
Lonnie R'. P'owell, Mayor
_qLT_~AGER
MAJOR FUNCTION
This requires professional, administrative and supervisory work
in directing the overall management of the City government as
determined by policies and direction of the City Council.
This employee is appointed by the' elected City Council. The
employee in this class is the appointing and supervisory
authority of all employees of the City not otherwise excluded
from the Manager's authority by the Charter. This employee is
responsible for providing the City Council with an annual fiscal
plan of operation for each coming year. This employee is
responsible for carrying out the policies and plans of the City
Council. Work is subject to review for overall effectiveness
through conferences, reports and observation of achieved resul'ts,
by objectives and performance review.
DIMENSIONS
Operating Budget:
Total Employees:
Labor Contracts:
8.2 mil
117
Communications Workers of America
Fraternal Order of Police
ORGANIZATIONAL ~UNCTION
See attached organization chart.
ILLUSTRATIVE DUTIES (Not intended to be all inclusive)
Plans, coordinates and supervises the activities of all City
departments except those excluded by Charter.
Develops, implements, modifies and supervises overall City
policies and operating procedures.
Meets with community and professional groups
recommendations and support for City projects.
to seek
Supervises, analyzes and reports on departments, activities and
projects under his/her direction.
Provides and recommends an overall fiscal and operational plan to
the City Council.
Reports both orally and in writing on a regular basis to the City
Council regarding matters of policy determination.
Evaluates operating
divisions.
performance
of City departments and
Appoints and removes all Department Heads.
Develop a team attitude between City employees and elected
officials.
Provides consistent and sound administrative direction to City
departments that is consistent with Council policy direction.
Fosters intergovernmental cooperation by acting as the City's
participant representative with court, state, federal and
interjurisdictional agencies.
Provides administrative support for, and cooperation with
agencies created by City Charter but not under the Manager's
direction
Performs .related work as required.
~ OUALIF, IC~TIONS, ~SKI_~LL~~ ~
Thorough knowledge of the principles and practices of public
administration.
Thorough knowledge of and ability to apply the principles of
· organization theory, personnel administration and financial
administrations in the management of City operations and
functions.
Considerable knowledge of the principles and practices of
administrative analysis.
Considerable knowledge of the principles, techniques and methods
employed in the preparation and dissemination of information to
the public. ·
Ability to express facts and ideas effectively, orally and in
writing.
Ability to work cooperatively and productively with federal,
state and other local government officials as well as other
public and private sector community leaders and organizations.
Ability to establish and maintain effective working relationships
with City officials, employees and the general public.
EXPERIENCE
Possession of a master's degree in public administration or
business administration and five to ten years of increasingly
responsible experience in the field of public administration; or
a bachelor's degree with an equivalent combination of training
and experience.
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
SUBJECT: Authorization for
Special Counsel on
Utility Matters
Interim City Manager
Dept. of Origin= Finance (MS)
Date Submitted: 01-06-94
For Agenda of: 01-12-94
Exhibits:
*Finance Director Memo Dated
12 -27 -93
*Invoice From Special Counsel
EXPENDITURE
REQUIRED: $4,186.32
~O~T
B~GETED: $-0~
APPROPRIATION
REQUIRED: $20,000.00
STATEMENT
From time to time the Utilities Director, City Attorney and
City Manager may feel the need to utilize the services of an
attorney with extensive utilities expertise.
The City has no current or continuing contract with Special
Counsel for Utilities, Tom Cloud, of Gray, Harris & Robinson.
The City has incurred expenses for these services for
Sebastian Lakes, Park Place and Indian River County Projects.
RECOMMENDED. ACTION
Move to appoint Tom Cloud as Special Counsel for utility matters
not to exceed $20,000.00 for Fiscal Year 1994.
To:
From:
Date:
Subject:
Kay O'Halloran. Interim City Manager
Marilyn P. Swichkow, CPA ~
Monday, December 27, 1993
Invoices for Special Counsel
The attached invoice from Tom Cloud, special counsel as authorized by City Council
for the GDU acquisition on an as needed basis by the City Attorney, appears to go
beyond Council authorized projects.
There is mention by the City Attorney in the minutes for the November 17, 1993
meeting about a meeting that night with Tom Cloud and Barbara Hall but there is no
reference to funding or budget authority for additional consultant fees regarding
Sebastian Lakes.
I believe City Council should give specific approval by project or enter into a contract
and specify services and costs for Tom Cloud.
City Council may choose to let the City Attorney call on Mr. Cloud when the City
Attorney so desires, but City Council should do so by motion so I have legislative
authority to pay the bills.
If these costs are to be paid by the Developer, then estimates for the various
consultants should be obtained and the Developer should pay that sum to the City or
the Developer may engage the consultants needed and pay for them directly.
The attached invoice needs specific approval and authorization for me to pay it.
Please advise.
cc: Richard Votapka, Utilities Director
Charlie Nash, City Attorney
i
i Dec--er 15, 1993
I
Kathryn 0'Halloran, Clerk
I CITY OF SE~h%STIAN
Post Office Box 780127
I Sebastian, Florida 32978-0127
RE. Legal Representation through November 30, 1993
I Dear Ms. 0'Halloran:
. ~nclosed is our firm's invoice for legal services through
November 30, 1993 on the water and sewer matters. If you have any
I questions regarding this invoice, do not hesitate to contact me.
i Sincerely yours,
GRAY, HARRIS & ROBINSON, P.A.
I TAC:lkd
Enclosure: Invoice
I
ATTO~NEY~ AT LAW
ORLANDO, ~LO/IDA 02802
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
DECEMBER
File ~ 40107-
Statement ~ 228018
Water and Sewer Matters
This summary includes all transactions on the above matter
processed up to and including the date of the last transaction
shown on this invoice. Any transactions, including credits or
receipts processed after that date will be reflected on a future
statement.
Current Fees:
Current Cost Advances:
Total Current Fees and Cost Advances:
TOTAL BALANCE DUE:
3,850.00
336.32
4,186.32
4,186.32
I
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I
14 1993 I
1
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I
I
i
I
I
i
i
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i
Continued i
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
File
DECEMBER t4 1995
40107-
Statement
228018
For Professional Services Rendered:
Re: Water and Sewer Matters
Professional Services:
NOV ::! 93 TAC
NOV ll 93 TAC
NOV 12 93 TAC
NNOV 15 93 TAC
OV 16 93 TAC
~NOV 17 93 TAC
NOV 28 93 TAC
Cloud, Thomas A.
Preparing Rate Ordinance; preparing Rate 10.50
Resolution; conferring by phone (4x)
with Rick Torpy; conferring by phone
mail (3x) with Hal Schmidt;
Conferring by phone with Rob Ori;
reviewing HAI Rate Study; reviewing sale
agreement; preparing correspondence to
Charles Nash
CheCking Ordinance and Resolution for 2.00
flaws; preparing correspondence to
Charles Nash; conferring by phone with
Rick Votapka; conferring by phone with
Charles Nash
Conferring by phone with Kay O'Halloran .30
Conferring by phone with Charles Nash .20
Reviewing and commenting on Sebastian 7.00
Lakes Agreement; preparing
correspondence to Charles Nash;
preparing for Rate Mearing; travel to
and from Sebastian; appearing at City
Council Hearing on Rates
Participated in conference call on 2.00
Sebastian Lakes Deal; negotiating terms
of agreement; conferring by phone with
Rich Votapka on Rate Ordinance
22.00 175.00
Current Fees:
Cost Advances:
NOV ll 93
NOV ll 93
NOV ll 93
NOV ll 93
NOV 11 93
NOV 12 93
NOV 12 93
Long Distance Calls
Long Distance Calls
Long Distance Calls
Express Mail
Document Production
Telecopier/Local
Telecopier/Long Distance
3,850.00
17
52
21
35
3,850.00
.28
98
2O
75
O0
O0
Co
C~I~A'I.', I::iARRI$ ~ ROBINSON
SUITE 1200
~01 EAST ~INE ~T~E~T
~05T O~ICE BOx 3066
0RL~ND0, ~LORIDA 02802
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
'Sebastian, FL 32978
File
NOV
NOV
NOV
NOV
NOV
NOV
NOV
NOV
NOV
NOV
NOV
NOV
NOV
NOV
NOV
12 93
14 93
15 93
15 93
15 93
16 93
18 93
18 93
18 93
is 93
18 93
18 93
18 93
18 93
29 93
Long Distance Calls
Reproduction Cost
Telecopier/Local
Long Distance Calls
Long Distance Calls
Long Distance Calls
Mileage
Thomas A. Cloud / 178 miles
Tolls
T~omas A. Cloud
Mileage
Thomas A. Cloud / 178 miles
Tolls
Thomas A. Cloud
Mileage.
Thomas A. Cloud / 178 miles
Tolls
Thomas A. Cloud
Telecopier/Local
Telecopier/Local
Long Distance Calls
Current Cost Advances:
Current Fees and Cost Advances:
TO INSURE PROPER CREDIT TO THE ABOVE ACCOUNT
PLEASE RETURN A COPY WITH REMITTANCE
DUE UPON RECEIPT
OO77
DECEMBER
40!07-
~,27
124.80
27. O0
.27
1.59
.g3
35.60
2.00
35.60
2. O0
35.60-
2.00-
12.00
3.00
1.15
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14 1991
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336.32 m
$~,~86.32 m
m
m
m
m
m
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
SETTLEMENT - WAGE AND HOUR
COMPLAINT
APPROVED 'FOR SUBMITTAL B~:
Acting Cit~ / /
Manager: ~~'/y/
AGE A .0.
Dept. Origin Personnel~-
Date Submitted 01/05~9&
For Agenda 0f
Exhibits: LETTER FROM THE
DEPARTMENT OF LABOR
EXPENDITURE
KEQUIRED: $3,169.57
AMOUNT
BUDGETED:
APPROPRIATION
K~QUIRED: $3,169.57
SOMMA~ STATEM~.NT
A complaint was filed with the Cit7 of Sebastian b~ the Department
of Labor, Wage and Hour Division, concerning the Police
Department's requirement that Communications Technicians report to
work ten (10) minutes earlier than their scheduled shift. If
Communications Technicians finished their work, the7 could leave
ten (10) minutes earlT. However, in most cases the~ did not. The
Cit~ is now being asked b~ the Department of Labor to compensate
an~ full-time Communications Technicians for the e~ra ten minutes
the7 worked during a two ~ear period (August 1, 1991 -- Jul~ 31,
1993). The attached letter su~arizes the back pa7 owed to the
individual emploTees.
RECOMMENDED ACTION
Move to appropriate $3,169.57 to settle this complaint and pa7 the
individuals per the Department of Labor.
doc: agenda
U.S. Department of Labor
EmDIoymentStan~arOsA~ministration
Wagean~HourDivision
500 S. Australian, Suite 310
West Palm Beach, FL 33401
December 27, 1993
Ms. Wendy Widmann
Personnel Director
City of Sebastian
P. O. Box 780127
Sebastian, F1 32978
Dear Ms. Widmann:
When you receive th'is letter, please contact me so
that we may finalize arrangements for the back wa~e
pa~ent.
If you have any furkher questions, please feel free to
contact me at 835-9035 or 842-3867.
Sincere!v
Unpaid Wages
~'~'om ce ~aare~)
U. S. Depar:ment of Labor
Wage and Hour
500 $. Aus:ra!ian, Suf:e 3!0
Wes: ?aim Beach, F~ 33401
Kath? Brauer
Gloria Brown
Jackie Dean
David Hullen
Kin Poole
Charles Ae!lly
Beu=y Start
agree to pay the ilst~ employee~
the back wages shown due and to
mall proof of payment to the Wage
and HOur Ar~e Office address shown
at~ove by
Signed:
U.S. Department of Labor
FJnO~oyment S~'taara$ AOmm~s~'aaon
B~rgess
Em~lo~r Fa(3. Tax ID Nu~er:
12127/93
....... ~' .... ~ (,ee =oaat
Wor~ek ~ain; Dams ~low)' ~
,,, ! 46.88
~ 8 /7/9 8/4/93
12/2/9 8/4/9: ~ 317.69
8/7/91 6/30/ ~3
- = ] 679.62
-,- 8/7/91 ,9/4/91 ] 42 15
~ ,,,,- ~/7/91 8/4/93 ,1 803.14
- ~ 8/7/9I 11/14/'~21 460
3. Pwriod Cow
EmDloyer Nan~e an(3 AClclres~:
Ci:y of Sebas:ian
Police Depar:men:
1201 Main St.
Sebastian, FL
32978
I
TOTAL
' Column 4--Code
Ft. SA 1
i~CA 2
SCA 3
DBRA 4
CW'HSSA 5
CCPA 6
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
CITY OF SEBASTIA/~,
Petitioner,
COMPLAINT NO. 93-8894
vs.
John &..Leslie Gehri~,
Respondent.
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND. ORDER
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on December. 15, 1992
after due notice to the Respondent and based on the evidence
presented, the Code' Enforcement Board makes the following:
FI~DINGS,0F. FAC~
That the res ondents are the ow e s of he residence oc ted at ot
24 Block 498 Sebastian Hi hlands nit i 69 Nob e Street
Sebastian Flor'da: three boats eac of which co stitutes a
lot is less t an 1~
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCL~SIONS OF LAW
I That.,Section 20A-5~16(C)(,9) - (Parking and storage of recrea~io~a~
vehicles..,,Recreati,onal vehicles as described herein,maN be D,arked~
stored or plat,ed on an7 ~proved lot in any, residential district.
i provided t,hat:, No, mote than,.,two(2) recreati, onal vehic,le~ sha~,l bc
permitted on an~..,one, !~groved 10~ whgse area does ,not excee,m
.fourteen.,,, thousand ,..nine hR~dred and, ~inet¥-nine ¢~4.999) square
i .feet.) of the Land Development Code of the City of Sebastian has
b.~n %iO,iated. ,, ,. ,,
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Respondent ...... prior to ~is he. ari~g, ~a$ i~ violation ~f ~ection
20A-5.16.(C((9) .of the L~nd ...... Dev~lo~ment Code of. the Cit~. of
~.ebas.~ian~...but....is now in commlia.~ce.
If Respondent repeats or causes a reoccurrence of the
violation, this Board shall after notification to the Respondent,
reconvene in the Council Chambers to hear further evidence on the
issue of compliance and may impose a fine of up to the maximum
.amount of $500.00 per day for each day the violation continues
beyond the compliance date.
The foregoing Order was moved for adoption by the Code Board
member . GeQrge Metcall . The motion was seconded by Code Board
member wayne Tozzolo and, upon being put to a vote, the vote was
as follows:
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Renry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
Ab_sent
yes
_Absent
Y~$
YES,.,
Yes
Yes
The Chairman thereupon declared this order duly passed and
adopted this 15 day of ~ecember..,1993.
this
ATTEST:
DONE AND ORDERED in Sebastian, Indian River County, Florida,
day of ~ 19 ~ .
FLORIDA
C~IRMAN/,' Co~'Enforcem~nt Board
NUNC PRT~J3k~ .~
C~erk, ode~ Board
...... rcement
CODE ENFORCEMENT BOARD
CIT~ OF SEBASTIAN
COMPLAINT NO. 9B-8593
CITY OF SEBASTIAN,
Petitioner,
DENNIS DE'RNBACH,
Respondent.
AMENDED ORDER
THIS CAUSE came before the Code Enforcement Board of the City
of Sebastian on ~, by request of City staff, to amend the
order dated November 24, 1993 to delete "Respondent shall have 5
calendar days from the date of this hearing to bring the property
into compliance" and subsitute in its place "Respondent shall have
5 calendar days from the date of receipt of this order to bring the
property into compliance".
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on November 17. 1933
after due notice to the Respondent and based on the evidence
presented, the Code Enforcement Board makes the following:
FIN~.INGS OF FA~T
That the respondent is the owner of the property located.._at Lot 30,
Block 559, Unit #16 Sebastian Hiahland~ located at 170 Kildare
Drive, Sebastian, FL 32958: Vegetation exceeds 10 inches in heiaht
on the above property.
WHEREFORE, based upon the forementione Findings of Fact, the
Code Enforcement Board makes the following:
~ONCLU~iIONS QF LAW
That the ~espond~nt ~S in ~,~ola~ion of Section 66-3¢~j of the Code
~f ordinances -- The maintaining,, usinq, placinq, deDositi'n~
leaving ~r ~ermittin~..to be o~ ~.~e~ain'.i
Dromer~ of a~... of.. th~.....follow~ items,....co~dit~ons..or act~O~'~
~rebT....~ec~ared...to.be a-d constitute a nuisaDce;.pr~vided, hOwe%er~
this enumeration shall not be deemed ~r construed...to be c. onc~usi.~e,
limltin~ or.res~.rictive: (11).. Orowth Of weeds~ ~rass, u~er~rowth
or otherveqD.tat$on upon {~proved real Dropertw= to a height Of ten
inches ~r more. '
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Respondent sha.ll have 5 c. alendar days from the da.re o..f re. ceip~
.of t~i.s order t.o. bring the property into c. omp~ianc.e.
~U~on failure of the Respondent to comply with ..thi~ Order, the
.... '~0de ~nfor_.cement Board do.e.s lev~ a fine. of UP to $25~.00. for. eve.fl
.day the vi01ati...~n continu.es pas. t t~e d..ate set for comp~ianc.~_ It
shall be the responsibility of the Respondent to notify the Code
Enforcement Officer that compliance has been achieved.
If Respondent does not comply on or before the date set for
compliance, an Order imposing a fine may be recorded in the
Official Records of Indian River County, and once recorded, SHALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the violation, this
Board shall after notification to the Respondent, reconvene in the
Council Chambers to hear further evidence on the issue of
compliance and may impose a fine of up to the maximum amount of
$500.00 per day for each day the violation continues beyond the
compliance date.
The foregoing Order was moved for adoption by the Code Board
member Wayne
GeorQe Metcalf and,
The motion was seconded by Code Board member
upon being put to a vote, the vote was as
follows:
Chairman Damien Gilliams
vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
........ Absent
Yes
Absent
~es
~.es
The Chairman thereupon declared this order duly passed and
adopted this 15 day of ~ecember, 1993.
this
ATTE S T:
Clerk, C~e 'Enforcement Board
DONE AND ORDERED in Sebastian, Indian River County, Florida,
&L~'~ day of ~ 1973
FLORIDA
, Code Enforcement Board
UNC
I CiO, of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN. FLORIDA 32978
I TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
REQUEST TO REMOVE SPECIMEN TREE
~=~ DOYLE
Approved For Submittal By:
· -- . Mar:ager .... _ / ,
Agenda Number:
Dept. Origin: Community Development
Date Submitted: ~n, BC~
~ 16/93
For Agenda Of:
Exhibits: Tree removal applicat~orl
and survey.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
Pursuant to the City Council's direction at its regular ~ . of
~ me_ ~.in~
May 22, 1991, the City of Sebastian Building Department requires a tree
removal permit to be obtained prior to removal of trees.
The applicant, Bill Doyle, i.s requesting removal of two spec!.men trees
(two oak trees) locared at 3!8 Brookedge Terrace {Lot 9, Block 302,
Sebastian H4ghlands Unit 10) Both trees -,-~ ~ in
- ' ~ oca~ed the. area of the
proposed ho~se.
Move to appro',~e "he remeval of two s;Dec~.men trees ~ocated at Lot
........ ~a:'~ Hi. .land ~r:i ~ l". - -' --
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND m
-- --REMOVAL AND/OR RELOCATION-~, TREES
LO', No.:_ ~/ .... BLOC~, NO.: ~D 2-- - UNIT ,0.: /0
·
ADDRESS: ·
P.ON~.: .~-?~.?~ ~ ~-~ .....
S UB~CON.iRACTO~: ~ _.. ~ ~"~_~
ADDRESS: -- -- m .... Z'+n. m ...... ,m ·
PHONE :~ ~r.~
REASON FOR TI{.E PERMIT:. ~~. O.~ m
m
PHONE NO..~-'~: " ·
I certify that'all the foregoing information is accurate and
m
that
all
work
will
be done in compliance with the Land m
Development Code ( Article XIV ) __
Signat~~~~'~~
APPLi CATION MUST. INCI.,UD~ ·
On a survey, locate all specimen trees {20 inch
d:iameter or morel. Indicate which trees to be
removed and/or relocated. Indicate the species of
each tree. All specimen trees (20 inch diameter or
more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
" Office Use Only
~APPROVED FOR PERMIT. YES:'
// //~/3 ~MUST OBTAIN CITY COUNCIL APPROVAL: YES: ~/-- NO:
~ / ~.~~IF .YES, DATE OF CITY COUNCIL APPROVAL:. ' ....
I
City of Sebastian
1225 Main Street ~ SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE 0-93-22 REGARDING
PROCEDURES FOR SPECIAL USE
PERMIT
Approval For Submittal By:
City Manager
32958
Agenda Number: ~. 2~ ~
Dept. Origin: .Community Developm~.nt
(BC~
Date Submitted: 12/20~93
For Agenda Of: ..01/12f9~
Exhibits:
l. Ordinance 0-93-22
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
.SUMF~R~, STATE.MENT
At its regular council meeting of August 25, 1993, the City Attorney was
directed to draft an ordinance which would require the Planning and Zoning
Commission to hold a public hearing and review all special use permits prior
to the City Council taking any action on such permits. This ordinance would
also require a resolution to be adopted by the City Council for any special
use permit being approved.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-93-22 and set the public hearing
for February 9, 1994.
ORDIN~CE NO. 0-9~-2~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, ARTICLE II,
SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, PERTAINING TO SPECIAL USE PERMITS;
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 Council' of the City of Sebastian has
determined that the issuance of special use permits pursuant to
Section 20A-2.6 of the Land Development Code should require, a~ a
condition precedent, review by the Planning and Zoning Commission
of the City of Sebastian; and
WHEREAS, Section 20A-2.6 of the Land Development Code of the
City of Sebastian must be amended to provide for review by the
Planning and Zoning Commission of special use permit applications;
and
WHEREAS, amending Section 20A-2.6 of the Land Development Code
of the City of Sebastian to provide for review of special use
permit applications by the Planning and Zoning Commission is not
inconsistent with the laws of the State of Florida or the City
Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
Sect~.on~l. Chapter 20A, Article II, Section 20A-2.6 of the
Land Development Code of the City of Sebastian, pertaining to
special use permits, is hereby amended as follows:
"Sec. 20A-2.6. Special use permits.
A. Jurisdiction. Notwithstanding any provisions of this article,
the City Council may, in its sole discretion, grant a special use
permit in any district for a use which is not provided for in the
zoning regulations. All such uses shall not be otherwise illegal,
shall not be specifically prohibited pursuant to the comprehensive
plan or other applicable law or regulations, and shall satisfy the
following findings of fact by the City Council.
B. Required finds of fact. The City Council shall not grant any
special use permit under this section unless it shall make
findings, based upon the evidence presented, that:
1. The granting of the special use permit will not be
detrimental to the public safety, health or welfare or be
injurious to other properties or improvements within the
.immediate vicinity in which the property is located; and
2. The use requested is consistent with the purpose &nd
intent of the respective district, and can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district.
C. Conditions. In granting special use permits under this
section, the City Council may require such conditions as will, in
its judgment, substantially secure the objectives and intent of the
zoning regulations and other components of the City's land
development controls.
D. ...PlaDn~Dg and ..Zoning Commission Rgvie~. .. P~io~ to the .City
CQunci~ cons, iderin~ an application for ,.a special u~e
planning and..Zonin~ Com~.iss~on shall h01d. a .public bear~nq to
review and con~ider .~he. application for..a ...spe.cia.l use ....permit....
After ~he..pub..lic hearing, th~ ~laDnin.q ~nd.~oninq..Co~iss~On s~a~l
su~mit a written reDprt to the .City CouDc~ settin~ forth it~,
recommendation concer~ing the proposed sPecial, use Pe~t and
indicate .wheth~.r, .'in.. the ..opinion .of ..the Plannin~ and .Zo~in¢,
Commission, the...prop0.sed use meets ~he.required..findings .Of fact
set f.or~h in S.~bs~ction (B) of ~his.Section 2..0A-2.6.~ '
E. Public hearing. Before acting on any request under this
section, the City Council shall hold a public hearing thereon with
notice as follows: '
By publication in a newspaper of general circulation in
the City of Sebastian at least seven (7) days prior
thereto; and
By certified mail, return receipt requested, to the
owners of record of real property located within two
hundred (200) feet of the real property involved in such
request, at least fifteen (15) days prior thereto. This
requirement is directory only and not mandatory.
F. Fees and costs. There shall be an application fee for a
special use permit under this section. The amount of the fee shall
be determined by resolution of the City Council. The applicant
shall bear expense of giving the required notices.
G. ADDrQval. By resolution, of the ~ity Council., s~gcial use
permits .may be ~rante~ uDon a ~indin~ that the r~uirements of
Section ~.0A-2.6 of the ~Dd Deve~0pment Code of ~he city ~f
Sebastian bare been satisf.igd."
Section ~. CONFLICTS. Ail ordinances or parts of
ordinances, in conflict herewith are hereby repealed.
Section ..~. CODiFICATIOn. IZ is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that %he provisions of this ordinance shall
become and be made a part of the Land Development Code 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.
Section ~. ~EVERABiLIT¥. 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.
Section 7. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member
Councilmember
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
.~ice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
· Councilme~er Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this ordinance duly passed and
adopted this day of , 1993.
CITY OF BEBABTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
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
Cio of Sebastian
5 Main Street o SEBASTIAN. FLORIDA. 32958
TELEPHONE (407} 589-5330 o FAX (407) 589~5570
SUBJECT: FIRST READING OF
ORDINANCE O-93-16 REGARDING
CODE ENFORCEMENT
Approval for S~bmittal By:
City Manager . ~),~
) Dept. Origin: Community Development
) Date Submitted: 1/06/9.4 BC)~
)
) For Agenda Of: 1/12./94
)
) Exhibits:
) 1. Ordinance O-93-16
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY .ST%TE~ENT
At its regular workshop meeting of January 5, 1994, the City Council reviewed
Ordinance O-93-16 and agreed to set this ordinance for first reading on
January 12, 1994.
RECOMME_NDED AQTiON
Move to approve first reading of Ordinance O-93-16 and set public hearing for
February 9, 1994.
ORDINANCE NO. 0-93-16
AN ORDINANCE OF THE CITY OF SEBABTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER 2,
ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCEB,
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 pr ocessiiiiii
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1 - Chapter 2, Article VI, Division 2, of 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-~76. Created.
(a) There is hereby created and established the Sebastian ~ode
~nforcement ~oard.
The ~oard is created and established pursuant
I
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I
I
I
I
I
I
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I
I
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%o the authority granted pursuant to the Local Government Code
Enforcement Boards Act, F.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, ~ 2-91~1:'
Sec. 2-177. Definitions.
The following words, terms and phrases, when used in this
division, shall have the meanings ascribed to them in this section,
except wh~re the context clearly indicates a different meaning:
Board means the Sebastian Code Enforcement Board.
Code inspector means those employees or other agents of the
~ity whose duty it is to enforce ~ity codes ~i~i~ii~ to present ~ode
~iolations to the Board. ~i~ . ............................... ~.
Code (s) means the Code of Ordinances and/or the Land
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.
~olator 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
sec. 2-178. Jurisdiction.
2
· ...............................................
~:~:~.~'~-~::~~ ~
(b) The jurisdiction of the ~ode ~nforcement Board shall not
be exclusive, but shall be co':Current with any other Board,
co~ission, co~ittee or administrative official charged with the
enforcement of the
~; '~:?~::?:~l:~ .................................................................................................................
'('~'88:~'""'f'~o, s ~-~3)
Sec. 2-179. Membership; composition.
The Board shall be composed of saran
....... ';'"""'~'"";'"' '" ~" · .%, .x ~ x ,r,.- ~-- ~,..~.,,~.,.d.,.m, &',,~'~--.,a~.C ~ "~ ' ~%4" ':~'
mem]Sers sl~ii~ ]~e appointed '~ '~'l~"'~i~'~
C O .......... : ';~:~::~'?'' '"'::~':' ' ' ~:: ' .~i::'~ .%:.~
ns~st, ~~ possible, of th~" roi:['owing:
(~) One architect.
(2) One businessman.
(3) One engineer.
(4) One general contractor.
(5) One realtor.
(6) One ,subcontractor.
................ . ............ ~ ...................... . ......... -..-..,.... ..... .~: .~ .... ~ ~,.:~:::,::a. ,~ ~:: ~.~ .... ~:~:- ~-,...
~~;~~j~~;~~ ...................
(Code 1980
State law reference-Similar provisions, F.S. ~ 162.05 (2)
::::::::::::::::::::::::::::
Sec. 2-180. Qualifications.
Each regular member appointed to the Board shall possess the
following minimum qualifications:
(1)
The architect and ~he ~gineer shall be registered under
the laws of ~ii/~t~iiii~ Florida regulating the practice
of architecf~;~;~':~;::"::~:~:Yneering 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. ' ..............
(2)
The general contractor and the subcontractor shall
possess a valid certificate of competency and
occupational license, recognized and accepted under the
laws of ~i~/~a~i~f~ Florida and the codes of the ~:,
:::;~i:;:i:::~:~:~:i%,.,-i;]
(3)
(4)
regulating the business 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
~ity ~.ouncil to be equivalent to such certification.
The realtor shall be licensed under the laws of
~ Florida, licensing real estate brokers
b~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. -" ~
The businessman shall be actively engaged in any lawful
'~usiness within the ~ity, or shall be an officer or
.employee of a business~:':'entity holding a current and va~id
occupational license issued by the ~ity.
(5) Each member shall be a resident of the ~iity. If a member
~...~.~.~ ~ases to be a resident '~f the City.
(code 9so, § 2-94(b))
Sec. 2-181. Terms of office.
(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
years ~.
(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
~i~i!~!i who is otherwise legally qualified ~:~ se.~ve as a~ regular
~:~:~':~of the ~oard, has f i led an aDp licat i
~'~:~:~ with~::~%he ~ity ~lerk~
~:~:~:~:~:~":~"member of {~e
(Code 1980, ~ 2-94(c);:':'::Ord. No. 0-91-23, ~ 1, 9-25-91)
4
Sec. 2-182. ~a=ancies an~ reappointments.
~::-.~y ~e~r ~ay b~ r~appointed ~o th~ ~oard in ~=cordanc~
w/th ..... ~'apter 162 of the Florida Statutes ]':"~" subject to the
limitations set for~ in section 2-181. Apgointments to fill'any
vacancy ~~~ shall for ~he remainder of the unexpired
term of ~-~ce. Fur~e~ore, two months prior to the e~iration of
the te~ of any member,~ or .in th~ event ~of any vacancy, the ~ity
~lerk shall provide the ~ha~rperson, the ~ity ~anager and th~ ~ity
~ouncil with a copy of ~:~il pending appli~tio~:s for membershi~ on
~he ~oard, even if the incumbent board member intend to seek
reap~°intment. ~enever a current or former board member is being
considered for appointment or reappointment to the ~'oard, th~ ~ity
~ouncil shall con~id~r th~ number and natur~ of t~ memoranda of
oonfflict previously filed by such p~r~on pursuant to Florida
Statute $112.3143.
(Code 1980, ~ 2-94(d); Ord. No. O-91-23, ~2, 9-25-91)
State law reference-Similar provisions, F.S. ~ 162.05(3) (d),
Bec. 2-183. Quorum.
Four or more members of the Board shall constitute a quorum.
(Code 1980, $ 2-96)
State law reference-Similar provisions, F.S. § 162.05(4)
Sec. 2-184. Compensation.
Members of the ~oard shall serve without compensation, but may
be reimbursed for such travel, mileage expenses and per diem
expenses as may be a~thor~z~d b~ the ~ity ~ouncil and approved by
(Cod:~' 198:~, § 2-97j:~:':~'~ .................................................. ~:'~ ...................... ~:'""~:::::~ .................................. ~:::~:::::~ .................. ::::::::::::::::::::::::::::::::
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 d~'~:~:::'~:~:~essary.
::::::::::::::::::::::::::::::::::::::::::: :~.::::
5
(b) Officers of the Board shall be elected by a majority vote
...........................................
State law reference-Similar provisions, F. $. § 162.05 (4)
Rules and regulations
The ~oard may adopt such rules and regulations~iii as are not
inconsistent with the provisions~ of Chapter 162 of":::[~he Florida
Statutes or this division!~i~i~!~iii!iii~!iii~~i~iiiiii~ii~ii~iii~!~~i~
(Code 1980., ~ 2-98) ....................................... ~:;:~:~ ................................................................................................................................................................... ~
$~ 1.w :~f~:~-:--Similar provisions, F.s. ~ 162.08 (1)
The ~ity ~ shall appoint a city employee to be the
clerk, wh6" sna~':~ '~'~fo~ the functions assigned to the clerk a'~ set
.forth in this division.
(Co0e ~gS0, S 2-99)
The ~ity ~ouncil shall, upon recommendation of the ~'oard,
appoint a ~embe~:of ~he Florida Bar, to represent and be counsel to
the ~oard and atte~ all meetings. The legal counsel shall be
i compensated as provided by the ~:ity ~ouncil.
(Code 1980, § 2-100)
State law reference-Attorneys, F.S. ~ 162.05(5)
The ~:ity ~ttorney sh~ll represent the ~'ity and the code
inspector::~:~efor~ the ~oard, shall present the ~::~ity's case on all
formal hearings; a~ shall have prosecut~rial discretion,
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 recommend the disposition of a case to the ~:bard; and
to decline to prosecute a case, similar to the d~scret~on exercised
by the ~tate ~torney ................. ~ ...................
(Code 1980, § 2-101)
State law reference-Attorneys, F.S. § 162.05(5)
....... ~ .............. ~ ...... ~:.,: ............ - ..... : .~::~:. f the code ins ector ~:::::' ............ ' ........................ -'::~:
va-: -- ' ..........................................
r~ous co~es an~ -~nl~ate enforcement roceedin'"~ .......... .
: ':'?.~ ......................... · ............. ~. .................. ~:;: ............................ ~ ............. ~ .......... ................ R g before the
Board. o....~ · e~ .........................................................................................................
........ ,~. ~
~::~t~:~ ~ ...... ..~ ................................................. , ....... .~ ............. .~.~,,-- ~ ~- ....................
.......................................................................
6
(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 ~h~ violation continues beyond the time specif~'~
for correction, .............. {he code inspector shall notify the ~oard and
request a hearing. The ~°ard, through its clerical staff, shall
s~edule a hearing and ~i~i~h no~ice of such hearing shall be
correction by the code inspector, the case may be presented to the
~'oard even if the violation has been corrected prior %o ~e ~oard
~earing, ~nd the notice of hearing shall so state. ~
~:~ If the code inspector has reason %o believe a violation
preseh~'~' a serious threat %o 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 ~oard and request a
hearing.
(Code 1980, ~ 2-102)
(a) Upon request of the code inspector, or at such times as
cha .............
may be necessary, the ~r~~ of the ~oard may call a hearing.
A hearing may also be
notice s~gned by at least
three members of the ~'oard.
The Board ~.~...:~:::~:....~:::~:~~:~::~:~~ shall not~f~:: in
itiB:~:~ the af:iegedv~ola~or' .................................................................................................... ~:f: ~he ~me' ................................................................... and pIace of the hearing.
...... :
Such noti.c.,e shall be ~16~:~0 to tho~ alleged violator,
!~(i~i~i! ~ach case before the 'Board shall be presented by the ~ity
~ttor~'~ ~~:~:~:~S~S~' ~'embers of the administrative s~aff
~'~ ~he ~i~'~":~:::::i'~::':::':~:~:~:~:~::~ .................................
~:: ~e ~oard shall hear the cases on the
~.~:~ '?...'::~:~:-~'~::~.. ~-~ .... .~a~... ~:~-~ . ~ ...: ......... :~ ...::,~ ~: ........... ~ .. ~.~..~ .... ~ . agenda for that da
~ ,.~ .................. ~ ........................................................................................................... ~ .................
~. Ea~ part~ to the hearing shall have the right %0:
1. Oall and examine
3. Cross-exa~ine opposing
.... ~'. If the ~oard believes that a v~olation presents a serious
=nreat to th~ p~blic health, safety or. welfare,' the ~'oard may
request the ~lty ~tt~ney ~o ~ee~ appropriate relief in t~e name of
the ~ity
(Code ~gso,
~'~:~:~ Administrative fines; liens
~.=!~.~~~::' "' "::'%::~ "'"'"'"'"' ...... '"'":'"+" '~:::~"+ :" ~%?" ..~~~~~.,~.~.'h~.~.'' :'" '"": '" u¥'" ":: ':.. ::~:. '"':'"+';::'~';;. ' :""'"': :"' '"-~""~ "":'"":.)4"'"'""' ,,..%...,,~.~.~...,.
.~.~i~==~i~.~ Subpoena powers.
The ~oard shall have the authority to subpoena alleged
violators and witnesses to its hearings. The ~ity, the ~onrd or
~he alleged violator may request that w~tnesses and record~ be
subpoenaed to an~ eme~e~c~ or focal hearing. Subpoenas shall be
served ~~. The chair~~ of the ~oard shall
prov~de~~~"wlth sufficient' ~zg~d and bl~ witness
subpoenas to ~e provided to alleged violators and the ~'.ity ~%torney
for the pu~ose of subpoenaing witnesses and records.~:~:: Th~:alleged
violator shall pay to the ~i%~ a fee of $12.00 for each subpoena
V ' ~ ' '' " ' ' " ~= ' "' ..... ;~ ..... '" ';~ :' ;' ' : ' ~'' ~ ...... ~"
Se: =~::.=~=..~]:~:: Service of notice.
~..~}~~.~~>.'~ ..................... ~ ....................... ............ ....~~.>~ ..................... >~ :~~ ~~ ~ ~ ~ ~~~' ........... . ............. . ....... . .......... >~. ,....:= ............. ~ . ~: ............
Whoever opposes, obstructs or resists a code inspector in the
11
discharge of any ~_~i~Y provided in this division, upon conviction,
shall be guilty of'"'"a misdemeanor of the second degree, punishable
Section 2. CONFLICTS. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. 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
appropriat~ designations.
Section 4. SEFERABILIT¥. 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.
Section 5. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member The motion was seconded by
Councilmember 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 passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie R. Powell, Mayor
12
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Vero 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 , 1.993, 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
13
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Independent
Internal Control
Study of Golf
Course Operations
Approved for Submittal By:
Interim City Manager
Dept. of Origin: Finance (MS)
Date Submitted: 01-06-94
For Ag~da of: 01-12-94
Exhibits:
*Finance Director M~o Dated
01-06-94
)*
)*
)*
)*
EXPENDITURE
REQUIRED: $5,000.00
AMOUNT
BUDGETED: $10,000.00
APPROPRIATION
REQUIRED: $-0-
SUMMARY
During the current statutory annual audit of the City's
financial statements, the City's auditor can conduct an
independent study which will result in issuance of a separate
report and recommended written procedures for Golf Course
operations, for an amount not to exceed $5,000.00.
This Internal Control Study would be very detailed and in
addition to the annual audit which, by definition, relates to
"fair presentation of financial s%atements"
This very detailed Internal Control Study involves
comprehensive review of existing practices, interviews and
observation of staff on-site with an objective aimed at sound
business practices as evidenced by written recommended
procedures for each function and staff of the Golf Course Pro-
Shop and administrative staff.
Continued on Page ~2-
Page -2-
Independent Internal Control
Study of Golf Course Operations
This type of engagement, which goes beyond the scope of an
audit, is not designed or meant to be punitive. Instead, it
will provide a policy recommendation for City Council to
implement written procedures for the day-to-day financial
operations at the Golf Course.
Audit fees as budgeted for the current annual audit are
significantly lower than the prior year.
RECO_M!~ENDED ACTION
Move to engage the City Auditors to conduct an independent study of
Golf Course internal control procedures at a cost not to exceed
$5,000.
City of Sebastian
1225 MAIN STREET ~: SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D
FAX
(407)
589-5570
MEMORANDUM
DATE:
January 6, 1994
TO:
-Kathryn O'Halloran
Interim City Manager
FROM:
Marilyn Swichkow, C.P.A.
Finance Director
SUBJECT: Independent Study of Golf Course Internal Controls Over Financial
Transactions
Due to continuing questions, letters, calls and uncertainty regarding past and present
financial and business management practices at the City's very popular Golf Course, I
submit the following suggestions:
Use a portion of existing budgeted funds for "special audits" with no impact on Golf
Course budget to
- Engage the City's auditors to conduct 'an in-depth on-site study of financial
and business management practices, policies and procedures of the
Golf Course.
- provide Golf Course Manager, City Manager, Golf Course employees and
City Council with recommended day-to-day written procedures for the conduct
of daily transactions at the Golf Course Administrative and Pro Shop
department and
- provide financial management recommended policies to City Council to help
insure the City's ability to meet its financial obligations to fund operations,
debt service and capital renewal and replacement.
A special engagement of this nature can focus on specific areas of concern that are
beyond the scope of a financial statement audit.
I believe this type of engagement would provide the most meaningful information to City
Council regarding Golf Course financial and business management practices.
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [; FAX (407) 589-5570
SUBJECT: Authorize SCT
on-site utility
training
Approve~for Submittal By:
interim City Manager
)
)
) Dept. of Origin: Finance (MS)
)
)
) Date Submitted: 01-06-94
)
) For Ag~da of: 01-12-94
)
)Exhibits:
) *SCT Letter Dated 12-14-93
)*
)*
)*
)*
)*
EXPENDITURE
REQUIRED: $3,500.'00
AMOUNT
BUDGETED: $ - 0 -
APPROPRIATION
REQUIRED: $3,500.00
SUMMARY ~TATEM~
As a result of the acquisition of GDU Sebastian Highlands
Utilities, City Council approved computer hardware and
software upgrades to accommodate the needs of both the
Utilities and Finance Departments.
In error, I omitted the on-site SCT training and related costs
line item which has been tentatively scheduled to begin on
January 24, 1994.
Now that the former GDU accounting clerk has resigned to
accept employment elsewhere, this training need has gone from
essential to critical.
RECOMMENDED ACTION
Move to authorize the engagement of SCT to provide on-site utility
system training at a cost not to exceed $3,500 including
reimbursable expenses.
111 SCT
.~is. Mari!yn Swit,:h,:c, te
P.O. Bc, x 780127
Sebastian, FL 32974
Dear ~arilyn:
I have enclosed a schedule of products c, rdered for the
your organization has purchased.
,--an have these items del ivered.
SC:T software
Please forward a purchase e, rder sc,
I TRON HARDWARE AND SOFTWARE
EACH UF'GADING DATACAP HANDHELD UNITS
EACH ITRON PREMEIRPLUS 1-4 USER SOFTWARE
EACH DCMU DOCKING STATION
EACH BC 603 BATTERY CHARGER
BAR CODING HARDWARE
i EACH WEDGE SCANNER
1 EACH SCANNER STAND
CASH RECEIPTS HARDWARE
1 ITHICA MODEL 52 RECEIPT PRINTER
1 EACH INDIANA CASH DRAWER
TRAINING
5 DAYS ON-SITE ='"'
$~¢~.O0/DAY, DOES NOT
!.NC:LUDE TRAVEL, LODGING AND MEALS
1,560. O(~EACH
~, 500~dO
O0
O0
720.
/60. O0
/~C~O. 00
2, 600.00 ~
SUF'PORT
1 ~-A_.H -T~,ON HARDWARE &, SOFTWARE SUF'PORT (ANNUAL)
SC:HP'DULE A SHOWS ITEMIZATION
962 Delaware Avenue
Lexington, KY 40505
606/231-0519
SCHEDULE
QUARTERLY EQUIPMENT AND ' ~'---
-~'~-.=NSED SOFTWARE SUPPORT F.:HAR~DES
ITEM
1
3
4
QUANTITY DESRIPTION
-2 ITRON HANDHELD METER READER
1DCMU-300
BC-604 BATTERY C:HARGER
!TRON PREMIER PLUS SOFTWARE
TOTAL ITRON QUARTERLY SUPPORT FEES
TOTAL
QUARTER~ PRICE
$ 7.,..~,~O/EAdH
962 Delaware Avenue
Lexington, KY 40505
606/231-0519
TOTAL SC:T/]iTROf~! SOLLITION
ACF:EF'TED ]BY:
SCT Public Sector, Inc.
Davi~ E. Anderson
Date
AC:C:EPTED
Licensee
BY:
Author ized
Signature
Title
Authorized
Signature
Title
Author ized
Signature
Title
Date
962 Delaware Avenue
Lexington, KY 40505
606/231-0519
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 58915330 n FAX (407) 589-5570
I
I
I Approved for Submittal By:
SUBJECT:
Terminate
Member- ) Agenda No. 7~.~/'/
ship and Participation in )
TRICO Self-Insurance )
Program~Workers Compensation) Dept. of Origin: Finance (MS)
and General Liability )
Interim City Manager
) Date Submitted: 1-06-94
)
) For Agenda of: 1-12-94
)
) Exhibits:
) *Finance Director Memo Dated
) 1-06-94
) *TRICO Letter Dated 12-16-93
) *Letter to TRICO Dated 7-01-93
) *Finance Director Memo Dated
) 4-28-93
) *TRICO Agenda & Proposed FY 94
) Rates
) *Finance Director Memo Dated
) 8-13-93
) *TRICO Insurance Coverage Summary
) *TRICO's 9-30-93 Financial
) Statement
) *Excerpts From TRICO By-Laws
) *Excerpts From TRICO 9-30-92
) Audit
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED: $295,000
APPROPRIATION
REQUIRED: $-0-
$~UMMA~..y ~.TATEMRN~
Four Members of the TRICO Board of Directors have met and
determined that "my actions (namely attitude and behavior) at
two TRICO meetings have been unacceptable,, to them.
Continued on Page -2-
Page -2-
Terminate Membership and Participation in TRICO Self-insurance
Prograra-Workers' Compensation and General
Liability
These members of the TRICO Board of Directors have decided
that the "City of Sebastian, in order to continue as a member
of TRICO, must appoint another individual to serve as their
representative, or our membership in TRICO will be terminated
by this Board effective thirty (30) days from the date of this
letter".
I dO. not regret my actions nor do I apologize to TRICO or
McCreary Corporation. However, if my efforts to obtain
adeqUate financial information and advance notice of meetihgs
from TRICO causes any embarrassment to City Council, then I do
offer my apology to you.
Attached are numerous exhibits indicating some of my concerns.
I do not wish to make any statement about TRICO or McCreary
Corporation that may subject me or the City to any litigation
or liability.
The City will have self-insurance liability for claims of all
TRICO pool members for the 15 1/2 months of our membership.
It is my professional opinion that the City of Sebastian
should accept TRICO's offer to terminate the City's membership
as specified in their letter of December 16, 1993 (30 day
notice). This action will also help to limit the City's
exposure for liability of all pool members to the claims
incurred during our 15 1/2 months of membership.
You may also choose to appoint a new member to the TRICO Board
of Directors. Any appointee must be willing to serve as a
member of the TRICO Board of Directors.
RECOMMENDED ACTION
Move to accept the 30 day notice of termination of membership in
TRICO declining to name a new representative to serve on their
Board of Directors.
City of Sebastian
1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
January 6, 1994
' 'Kathryn O'Halloran
Interim City Manager
Marilyn Swichkow, C.P.A.
Finance Director
Workers Compensations & General Liability Self-Insurance Pool
I continue to recommend that the City of Sebastian return to the Florida League of
Cities Self-insurance Program.
It is my view that we will have equal or better coverage for the same cost. I also
believe the actuarial funding policy and therefore the City's exposure to risk is
minimized by participation in the League pool.
The League has recently adopted new rules that will allow members with many
years of premiums paid in excess of claims paid to receive a return on investment
(in the form of credits to future premiums) beginning October 1, 1994.
I originally tried to get the City out of the TRICO and McCreary Corporation pools
with the required 90 day notice letter on July 1, 1993. Also, I recognized problems
in the first financial reports I saw during the month of April, 1993. Due to the
change in the City Manager role during July and August, I was not able to
accomplish either goal.
SUMMARY
The City of Sebastian Committee for Health and Accident Insurance should be
appointed immediately due to the significant cost increases from FY 1993 to FY
1994.
· The amounts charged by TRICO are:
$295,000
2,339
3,50o
$300,839
basic coverage
officials liability
Park Place/Palm Lake
subtotal
Sunknown Sebastian Highlands
Florida League rates will be comparable and the Florida League of Cities has agreed to
renew the City of Sebastian's membership with no uninsured period of coverage at an
annualized cost of $271,258.
Representatives of the League will attend the January 12, 1994 Council meeting
to discuss their proposal and answer Council questions.
Tri County- Risk Management Progra_ -.TRICO
a ccor)erative cf Jot, at aovemmerrt$, cremeO under r.,-. 16~.
City of Stuart
of St-
County
Lucre
City of Port St. Lucie County of Martin .~ ~ City of seba~tia_~
December 16, 1993 "~ ''''~ ~ ~:: ~'', £c ~
Mavor Lormie Powell
The
Nonorable
Sebastian, FL 32978-0127
Re: Membevshiv.....in TRICO
Dear Mayor Powelh
Article XIV, of the TRICO Bylaws, concerns Expulsion of Members. One of the
which zmpmr$ tad avmty of TRICO or its Board of Directors or the
Manager/Administrator or the Claims Service Company to carry out the purpose for
which TRICO was ~rmed."
i r .e~:,~,t to in~ you that the ~actions o£Marily~ S~w, (~y h~ a~mde ~d
~ot), ~e ~~ D~e~ ct ~ ~ o~ ~b~, ~ ~ c~~e a~d~ at
I ~ me~ ~ave ~ ~~mble. It ~ ~e de, on of ~e ~CO ~d
~t ~e ~ ~f ~b~, ~ ord~ m ~n~ue ~ a m~r of ~CO, m~t a~o~t
I ~ m~m~ vy ~ ~a ~ve ~ (30) days ~om ~e ~m of ~ le~r.
Victor Graneho
City of Port St. Lucie
We would appreciate your ~esponse as soon as possible.
"'/ISanill ~:;: .... D'a~' :Ken Ia~.O,..y
TRICO Ch----man Martin County BOCC
Date David Collier
Ciw of Smart
Boarcl of Directors:
McCreary Corporation
Administrator
Daniei J. Kurek. Chairman
Ken Headley
Marityn Swicf~kow
(407) 287-7650
David Collier
Viclor Granello
700 Central Park'way
Sluan, Florida
CiW of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
July 1, 1993
TR/CO Board of Directors
William McCreary
700 Central Parkway
Stuart, Florida 34994
R~: TRICO and McCreary Corporation Health & Accident Insurance
Dear Mr. McCreary:
This is formally notify TRICO and McCreary Corporation that the
City of Sebastian is exercising their right to file a notice of the
City's (possible) intent to terminate from TRICO and McCreary
Corporation ~ealth & Accident Insurance within 90 days.
As Marilyn Swichkow, our Finance Director, had mentioned to you and
your staff during a meeting last week, the City has some concerns
over the financial stability of TRICO and the lack of adequate
funding for future claims. While the City has not determined
whether or not we will actually opt out of TRICO or McCreary
Corporation at this time, we do wish to review our options and
determine what is in the best financial interests of the City. I
realize this may cause some problems determining financial
allocations with the other participants and hope to have a final
recomendation to you as soon as possible.
If you have any questions, feel free to contact me or Marilyn
Swichkow at the above number.
CC:
R. McClary
//M. Swichkow
W.' Widmann
Sincerely,
City Manager
CiO' of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589~5330
Date:
To:
From:
Re:
April 28, 1993
Larry Napier
Marilyn 5wichkow /~9
City of Sebastian Health ~, Accident
Self Insurance Program
Based on the six (6) month financial statements recently received
from the McCreary Corporation, the City's Self-insurance Program
appears to have fiscal and financial problems.
Please follow-up your verbal communications with McCreary Corp.
representatives with their written analysis, actuarial soundness
update and/or program adjustments so the the City can take
appropriate steps.
cc: Robert S. McClary
Wendy Widmann -/
CITY OF SEBASTIAN
EMPLOYEE BENEFITS PLAN
STATEMENT OF REVENUES, EXPENDITURES & FUND BALANCE
FOR THE SIX MONTHS ENDED MARCH 31,1993
BEGINNING FUND BALANCE :~ $ 7,,,,,,9 ~ ~ 21
REVENUES:"
CONTRIBUTIONS $1 3'~0,1 97
REINSURANCE RECOVERIES $ 0
COBRA $1,371
INTEREST $ 559
Total Revenues --' $132,127
EXPENDITURES:
CLAIMS EXPENSE $
FLEX CLAIMS EXPENSE $1,734
VISION SERVICE PLAN $4,412
SCRIP CARD/ALLSCRIPS $8,587
CLAIMS ADMINISTRATION $ 6,052
PROFESSIONAL SERVICES $1,000
REINSURANCE $45,747
BANK SERVICE CHARGES __. $1 4
Total Expenditures
Revenues Over(Under) Expenditures ~i ($46,667,)
ENgiNG FUND ALANCE ;32,454
Cizy of Sebastian
POSt OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 c FAX (407) 58~5570
August 13, 1993
Mr. William McCreary
McCreary Corporation
700 Centrai Parkway
Stuart, ~1 34994
Dear Bill:
This letter serves as notice of renewal of ~he Health and
Accident Self Insurance Plan of the City of Sebastian
covering employees, retirees and dependents for the
1993/1994 fiscal year.
Jean Becker of your 'office has agreed to look into
additional providers such as Doctor's Clinic, Indian River
Memorial Hospital and Holmes Regional Hospital.
Further ~he City will fund T_he plan at $300.00 per employee
per month with the balance of the estimated maximum cost
factor of $73.37 per employee funded and retained in ~he
City's custody until needed to pay claims.
This letter also serves as notice to Tri County-Risk
Management Program (TRICO) of the City's intent to remain
in the program for the next ensuing fiscal year.
Additionally, t_he City would like for you to obtain t. he
boiler and machinery coverage from Hartford Steam Boiler
Inspection & Insurance Company for an additional annual
premium of $2,339. We will advise you of any additional
coverage requirements if and when we acquire General
Development Utilities.
Please advise the TRICO Board of Directors of our decision.
Sincerely,
Marilyn Swichkow, CPA
Finance Director
CC:
Kathryn M. O'Halloran, Acting City Manager
Wendy Widmann, Personnel Director
Richard Votapka, utilities Director
MS/sg
i
I
i City of Port St. Lucie
Tr[ County- Risk Management Program - TRICO
a cooperative of iocaJ governments createct unOer F.S. 163.
County of St. Lucie City of Stuart
County of Martin City of Sebastian
RISK MANAGEMENT
ASSOCIATION
TRICO
SELF-INSURANCE
Item Descnption .- Limit (000)
i 6.
7.
8.
9.
All Buildings + Contents
100
I 10.
11.
12.
(Auto & Premises)
Crime:
Public Employee Dishonesty
I 14.
15.
Windstorm/Hail 100
Fl°od2 250
EDP Equipment/Media
· Loss 1
EDP EcluiprnenFMedia
-Breakclown
Automobile Physical Damage 100
All General Liability 100/200
All Automobile Liabir~y 100/200
Watercraft Liability 100/200
Errors & Omissions 100/200
Special Liability 100/200
Medical Payments"
I16.
10-01-92 tO 09-30-93
I 1
Forgery or Alteration 25
Theft, Disappearance and
Destruction 25
Computer Fraud 25
Workers' Compensation 350
Employers Liability 350
Statutory Accidental Death Benefit *
Carder
Aetna C & S 1
FSK108385
Same as 1
Same as I
Same as 1
Same as 1
Same as 1
Self Insured
Same as 7
Same as 7
Same as 7
Same as 7
None
EXCESS
Umit (000)
25,000
Incl. ~
Incl. #1
Incl. ~1
IncL #1
Incl. #1
Carder
Fireman's Fund1
XSP 211-63-57
The Hartford
PEB KX4532
#
,000
100
Transamerica
W-141720C
AIG Ere
SRG 8040767
Section 1 - 100
Section 2 - 100
1,000
Statutory
1,000
Statutory
Separate Boiler & Machinery, Builders Risk, Bonds and Special Events per Member's needs/desires,
Policy Period: 10-0'1-90 to 10-01-93,
Per Occurrence and Aggregate,
Limit (000)
Board of Directors:
McCrea~ Corporation
Aclministrator
Daniel J. Kurek, Chairman
Ken Headley
Marilyn Swichkow
(407) 287-7650
Joan Bernola, Vice-Chairman
Victor Granello
700 Central Parl<way~
Stuart, Florida 349~.~_~
FOR THE YEAR ENDED SEPTEMBER 30,1993
~ BUDGET ACTUAL % OF BUD
7 R~AiNED ~RNINGS (NO~ 4) 2389,181 8389,181 100.00%
~ i~RE~ 2225,000 ,$194,175 86.30%
9 CO~IB~IONS:
1 0 CI~ OF STUART $273,015 $273,018 100.00%
1~ COU~ OF MARTIN 2961,859 $961,859 100.00%
~ COU~ OF ST. LUCIE $1,607,653 $1,607,653 100.00%
1 3 C~ OF PORT ST. LUCIE 2368,095 $365,095 100.00%
1~ CI~ OF SEBASTIAN 2295,000 ~295,,~000 .- 100.00%
1 5 Total Contributions "23,505,625 , $3,~05~6,25 100.00%
1~ ~T~R~UE&R~NN~~~ $4,11~806 $4,088,981 9~.25%
17 ....... ,
19 PROPE~ :~ ....
2194,825 $194,825 100.00%
2 0 -FIRE FUND 256,452 $56,452 100.00%
2 1 U~-S~F IN~R~ $ 0 $ 0 N/A
22 W~ C~P.-~~ERICA $135,427 2111,318 82.20%
2 3 CR~~~D
s,ss $,s6 00.00%
24 subtoals $403,26~ .... ~379,'156 94.02%
2 6 CLAIMS ADMIN,.(Note 1) $211,875 $211,875 100.00%
27 PR~. SERVICES (~te2) $65,000 $65,959- 101.48%
28 ~X~ ~~~~ '$100,000 $154,490 154.49%
29 OTHER iNS.(Ifany) $31,678 $31,678 100.00%
3 0 sub~ls ...............
3 1 TOT~ FI~D COS~ ,,, $528,~53 $47,2,5~1 ..... 110.26%
~ ~ m m m mmmm mm mmmmmm
32 2831 818 $85 ,677 02.39%
3~ C~IMS PAID (Note 3) $2,4'b0,0~'0 $2,5~8,0~'7 105.75%
34 ...........
35 R~NN~ ~RNINGS(PND) .. $887,988 $699~2'97 ......... 78.75%
3~ ~TOTAL MABILmES & ...................
3~ R~AINED EARNINGS $4 '~ 19,806 "'$4,0'88,981 " '99.25%
38 ............
3 9 Note 1: Includes Management, Loss ConSol, Claims, Da~ Processing, A~unting, Etc.
40
4 1 Note 2: Includes Audit fees, A~ua~, A~orney, Consulting,Environmen~l, Etc.
42
43 Note 3:
44 INCURRED C~IMS ALL YEA~S
45 PAID C~IMS 214,188,336
~6 REMNNING RESER~ $9~710,643
48 'Note 4: This balance refle~s a Net Present Value Incurred But Not RepoSed (I.B.N.R.) claims expense
4~ of $1,2~,321 as of September 30, 1992.
50 ~
A .......... , ...........
I
i
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i
County- Risk Management Program - TRICO
.~ cooperative of iocaJ governments created under F.S. 163.
County of St. Lucie Ctty of Stuart
City of Port St. Lucie County of Martin City of Sebastian
MEMORANDUM
To:
From:
Date:
Re:
Board of Directors
William T. McOreary
Jdne 3, 1993
Meetino to be Held a~ the Radi~nn Inn in Port St. Lucie
lO'tahoe Blossom Rooml on Fddav. June t 1.1993. at 12:00 P. Ivt
AGENDA:
1. ApprovaJ of the minutes of the meeting of May 7, 1993. (Copies previously sent.)
2. Discussion of Draft Funding Formula for Fiscal Year 1993/1994. (Copy attached.)
3. Financial Statements. (To be provided at meeting.)
4. TRICO Safety & Health.Loss Control Manual changes.
5. Open Items:
· Upctate on Retreat.
6. Date, place and time ol next meeting.
Board of Directors:
McCreary Corporation
Administrator
Daniel J. Kurek, Chairman
Ken Heacltey
Larry Napier ._
(407) 287-7650
Joan Bernola, Vice-Chairman
Victor Granello p~
700 Central
Stuart, Florida 34994
City of Sebastian
POST OFFICE BOX 780127 r- SEBASTIAN, FLORIDA 32975
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
.E ~ 1~ O R A ~ D U M
DATE=
TO=
FROM:
..~eptember 27, 1993
. Xa70,Halloran, Acting Cit7 Manager
Haril~n Swichkow, ~imanoe Director/
Workers, Compensation & General Liabilit~ Insurance
TRICO ~ual Conferenoe Hinutes
By way of t_his memo, I am providing you with a copy of
the Minutes of the TRICO Risk Management Board of
Direc=ors.
e
This copy is for your information only and requires no
action unless you have questions.
I would like =o propose, for discussion purposes only
at this time, that "Risk Management" be considered a
function of the Personnel Office.
- You will note that loss control programs, ADA
Compliance, safety programs, personnel policies
regarding accidents, personnel leave policies,
etc. are more closely related to Wendy's job.
- I would be happy to serve as the "alternate" for
the Board of Directors with Wendy Widmann as the
representative of the City of Sebastian.
- Additionally, I will certainly provide financial
analysis and review of any and all insurance
proposals at her request.
cc: Wendy Widmann /
w/attacb_ment
DATE:
TO:
FROM:
cc:
City of Sebastian
POST OFFICE BOX 780127 ~, SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589,-5570
MEMORANDUM
September 27, 1993
~ubllc Official ~iabillt7 Insurance I
Enclosed are an application and specimen policy for
Public Officials Liability coverage in accordance wi~h
T_he discussion at the September 16~h meeting. (TRICO
claims our phones were out of order and ~hat is why
neither Wendy nor I attended the meeting).
Do you want us to look into this any further?
Wendy widmann
With Attachments
'T~I COUH'~v RISK MANAGEMENT, PROGRAM
as of 3-10-88
ARTICLE I- DEFINITIONS AND PURPOSF
DEFINITIONS:
A. Members - the counties/cities who originally signed
Agreement creating TRICO or who later joins by entering
agreement with the Board of Directors.
the Interlocal
into a written
Manager/Administrator - will be a company that the Board of Directors contracts
with to perform the management operations for TRICO. This will inciudeJ3~ not
be limited to the fiscal agent responsibilities and risk management duties outlined
in the Interiocal Agreement.
C. Pool - the joint risk management pool Will be the total monies
collected to include the monies necessary to purchase services and
insurance and to pay assessments. .,
D. Risk Management Program. a program to reduce or limit losses, control costs
-and affectuate a common long range plan for members to economically control
their exposure to loss. This is a risk management plan as provided for in Florida
Statutes and is not insurance of any kind. The risk management program is not a
commercial-insuror; it will not utilize agents; pay commissions; or submit bids in
response to any specifications for.insurance coverages. The risk management
program will, however, assist members by purchasing reinsurance policies
beyond the level at which the members wish to self insure.
Protected Self Insurance - a decision not to purchase below certain retained
levels; to seek all immunities available; and to purchase insurance above the
retained level to protect against catastrophies.
F. Agreement - as used herein will refer solely to the Interiocai Agreement between
the members.
G. Claims Service Company - a company approved by the State of Florida
Department of. Labor to administer self insured programs. The Directors will
contract with this company.
H. Board of Directors - This refers to the individual that is appointed by the member
to serve on the governing body of TRICO as a representative. In these Bylaws as
well as in other correspondence, the Board of Directors of TRICO will be referred
to by either the word Board or the word Director. The Interlocal
Page 1 of 8 Pages.
Agreement ciefined Board to mean the governin.~ body of the individual city or
ccumy. The Bylaws as well as tl3e minutes ¢ the TRICO meetings will use tl~e
word Boarct to refer to the Boa~ of Directors and, will use the word Commission
or Commissioners wt~en referring to the governing body of the indiviclual city or
county.
It is the intent of the members to create a risk management association. Funds
contributed by the members will be utilized to defend and protect the members against
stated liabilities or losses. These Bylaws, once adopted by the Board of Directors shall
constitute the substance of the risk management program. The Bylaws will not, however,
constitute any type of insurance coverage or an insurance contract. The risk
management program will not engage in submitting proposals in competitive bidding
situations..'.'.
ARTICLE l! -THE POWERS AND DUTIES
A. Manager/Administrator
The Board shall contract with a Manager/Administrator who shall manage all
functions necessary to operate. These functions will include, but not be limited to
the following services: budget preparation, determination of contributions,
reports required by the Directors, and other activities as directed by the Board.
The Board will require an annual review 'to be furnished by the
Manager/Administrator not later than December 31st of each year.
The Manager/Administrator is responsible for the supervision of the
Claims Service Company(ies) and wilt keep the Board of Directors
advised as to the activities of the Claims Service Company.
B. Claims Service Company
The Directors shall contract with a Claims Service Company
who shall perform all functions set forth in their Contract for Services. These will
include, but not be limited to the following risk management services: loss
prevention and safety, claims administration, insurance coverages, data'
processing, reports required by the Board, and other activities as directed by the
Board. The Directors may contract with one or more companies to obtain
necessary services.
ARTICLE !I} - PARTICIPATION
Initial membership will be set forth in the Intedocal Agreement signed by the Charter
Members. New members will be accepted only upon recommendation by the
Manager/Administrator and approval by a 100% vote of the entire Board of Directors, In
Page 2 of 8 Pages
order to Oetermine acceptability of potential members, the Manager/Administrator will
present ,~ written evalustion tc the BoarC. This evaluation shall include but no~ be
limited to the following:
A. Comparison of the cities'/counties' current insurance program with
those coverages provided through TRICO.
B. Analysis of the loss records for the past five years. These records
should be current. The records should include all areas of insurance
coverages as well as areas not covered by insurance in the past which
will be covered by the insurance provided through TRICO. If loss
records are not available from the insurance companies, the Board
may accept a letter from a city/county official certifying that the
losses .submitted are correct.
C. An evaluation of the loss prevention program currently in ..-effect
within the city/county.
'D. Copies of insurance policies, loss records, and financial data of any
prospective member will be made available to the Board upon request.
E. A requirement that the prospective member furnish TRICO's Board of.
I Directors with written evidence that the governing Board or
Commission of that prospective member has officially approved
joining the TRICO pool.
I The Board may consider the above as well as any other criteria it deems advisable. The
decision of the Board with regard to admission of a potential member will be final
· ARTICLE. IV - COMMENCEMENT AND TERM
it is the intent of the Charter Members that TRICO should continue for a pedod of three
years minimum. Contributions to the pool will be determined so that the pool will remain
fully funded. Consideration will be given to varying pool contribution factors in the future
years by taking into account certain experience ratings. This would include the
experience modification for Workers' Compensation and other criteda established by the
Board. Once established, this criteria will become a part of the Bylaws.
ARTICLE V - BOARD OF DIRECTORS
The Board will be established as set forth in the Agreement. The maximum term for the
Chairman and Vice Chairman will be two years. Members agree that continuity for the
Board is important and concessions will be made to attempt to keep the turnover of
Board members to a minimum. In this regard, membership will be for a two year period
with exception that one-half of the initial Board will be for a one year period so that terms
Page 3 of 8 Pages
may t~e staggereC. This ctetermination will be mac~e by a straw vote. It is the intent cf the
rnemt3ers tha~ each city/county be represented at each Board of Directors meeting;.
Shoutc~ ~ city/coun~ lail to senc~ ~, representative (or the alternate) for three consecutiv~
meetings, the Chairman of this Board will write a letter to the Commission requesting tha~
the representative who failed to attend three consecutive meetings be removed for these
absences in accordance with Article XIV - E.
The Board of Directors shall determine the policy of the association. It will set bond
rectuirements and approve the following amenclments to the Bylaws and the Agreement:
new members; budgets; educational programs; loss prevention procedures; annual and
supplementary payments to the risk management pool; and rules for its own conduct and
procedures.
The Board of Directors will have no employees as such. Needed services will be
provided .by.contract with .independent firms. No compensation will be paid to the Board.
Any return premiums shall be approved by the Board of Directors in accordance with the
terms set forth in the Agreement. In order to be eligible for a return of premium a member
must have losses less than contributions to the Loss Fund. That is to say that in any one
annual period, a member's total incurred loss (amount paid plus amount reserved)
cannot exceed the member's Loss Fund contribution for that same period. There will be
an accounting for each year and a projected debits/credits issued. No actual return of
money will be made until 24 months after that fiscal year has ended.
The Board shall require that the Manager/Administrator substantiate its
recommendations with regard to return premiums by providing an analysis including the
amount of premiums paid versus the amount of losses incurred, The analysis must also
include all cost Incurred by TRICO for the year in question as well as any investment
income that may have been earned.
ARTICLE VI - BOARD OF DIRECTORS MEETINGS
A. Regular meetings will be held on a quarterly basis as a minimum.
B. The time, date, and location will be announced by the Chairman.
C. Roberts Rules of Orders (latest edition) shall govern.
D. Minutes of Board meetings shall be kept in a resume form. In addition,
all motions and votes giving the motions verbatum as well aS the
name of the .person making the motion; the second; and the results of
the votes thereon shall be maintained.
ARTICLE VII - FINANCES
A. The fiscal year shall commence October 1st.
Page 4 of 8 Pages
B. The Manager/Administrator shall
estimated cost for budget purposes
Manager/Administrator shall have its
final form by October 15th of each year,
furnish each city/county with
by May 31 of each year. The
budget approved by the Board in
C. Contributions to the pool shall be in manner ancl form as recommended by the
Manager/Administrator and approved by the Board of Directors. The Board may
establish pool contribution factors higher or lower than average for members with
above average or below average loss or claims recorcts. The factors shall not
vary by more than twenty-five percent.
ARTICLE Vlll - SCOPE OF LOSS PROTECTIDN
TRICO shall provide for each member protection for ali losses in excess of the 'deductible
amounts as established by the risk management program. The first year of operation this
amount will be $1,000 per occurrence on members' property. Replacement cost
coverage will be provided on buildings and contents. The scope of the coverage will be
added to the Bylaws as an appendix.
AR~CLE IX - OBLIGATIONS OF THE MEMBERS
A. To promptly pay all annual payments to the risk management pool.
· B. To .select a ,-representative and alternate, to the Board of Directors by
resolution.
C. To allow the Manager/Administrator reasonable access.
D. To allow attorneys employed by the Claims Service Company to
represent the member. However, each member shall have the option to select an
alternate attorney to represent them.
E. To furnish full cooperation with the Manager/Administrator and its
agents. -
F. To follow loss reduction and prevention procedures established by the
membership.
G, To furnish necessary audits to the Manager/Administrator.
H. To report to the Claims Service Company as promptly as possible incidents
which could result in a claim.
Page 5 of 8 Pages
ARTICLE X - LIABILITY_,.. OF THE BOARD OF DIRECTORS
The Board should use ordinary care and .reasonable diligence.
for good faith mistakes of judgment.
They shall not be liable
ARTICLE Xi - ADDITIONAL INSURANCE
Membership in TRICO shale not preclude any member from purchasing additional
coverage. The Manager/Administrator shall make its facilities available to the members
in this regard.
ARTICLE Xll - OPTIONAL DEFENSE BY CITIES/COUNTIE~
;,
Each member shall be granted a reasonable opportunity to prevent the Claims Service
Company from settling a case or claim 'in a manner contrary to the wishes of the rfiember.
This will be a minimum of thirty days; before which the Claims Service Company shall
provide the member with 'written recommendations and reasons for the settlement.
Where the member exercises this privilege to prevent the settlement of a claim, it shall be
responsible for any later judgment in an amount greater than the settlement which was
previously reached or could have been reached between the claimant/plaintiff and the
Claims Service Company.
ARTICLE Xlll - CONTRACTUAL OBLIGATION
These Bylaws will be a contract for'the members of TRICO. The terms of the contract may
be enforced in a court of law by TRICO or by the Manager/Administrator or by any other
members. These Bylaws shall remain a continuing obligation and responsibility of the
member.
Other than the limited financial contribution to the Manager/Administrator agreed to
herein or such additional obligation as may come about through amendments to these
Bylaws, no member agrees or contracts herein to be held responsible for any claim in tort
or contract made against any other member.
ARTICLE XIV- EXPULSION OF MEMBEF~.~
Expulsion of a.member shall be by a 75% vote of the entire Board of Directors. The
following shall constitute some but not all of the reasons that a member may be justifiably
expelled:
A. Failure to make payments.
B. Failure to adopt loss prevention procedures approved by the Board.
Page 6 of 8 Pages
C. Failure to allow the Manager/Administrator access.
D. Failure to cooperate witl~ the Claims Service Company.
Any action by a member which impairs the ability of TRICO or its
Board of Directors or the Manager/Administrator or the 'Claims
Service Company to carry out the purpose for which TRICO was
formed.
No member may be expelled except after notice and a reasonable opportunity of not less
than thirty days to cure the alleged failure. Disputes will be settled by a hearing before
the Board of Directors and its decision shall be final
ARTICLE ZV . HAZARDS
If a hazardous situation or condition exists, the Manager/Administrator will pnSvide the
member involved with notice of that situation. They will also give the 'member a
reasonable time in which to get the situation correctect, if the member cioes not take
action to correct the situation within a reasonable period of time (to be determined based
on each factual situation) then the risk management program will exclude coverage for
all claims arising from the particular hazardous situation (requires vote by Directors).
ARTiCLE XV! - DISPUTES
Any disputes adsing within the risk management program is to be resolved by a vote of
the Board of Directors. Each member involved in the dispute may present their case to
the Directors, the risk management program Administrator will also present its case. The
Board will vote. The decision of the Board is final and binding. This decision will be
enforceable in a court of law. If a suit ensues, the prevailing party in the suit has the dght
to obtain recovery of ail costs including attorney fees from the other party.
Members must exercise caution when executing Hold Harmless Agreements. Any time
there is a doubt or a question as to what the agreement contains, the contract should be
sent to the risk management program Administrator for review. This is particularly
important in the area of leases involving other premises and construction contracts.
ARTICLE xVtt~
Any Contractual LiaSility accepted by any member should be specifically limited to the
provisions of F.S. 768.
Page 7 of 8 Pages
ARTICLE Xl× - TERMINATION OF THEASSOCIAT]ON
The association will continue unless terminated by the members. Withdrawing members
will be fully obligated for their portion of any annual contribution to the risk management
pool created during the term of their membership. Withdrawing members may belong to
the Board of Directors but shall vote only on matters affecting their limited continuing
interest.
Page 8 of 8 Pages
TRI COUNTY - RISK MANAGEMENT PROGRAM
BALANCE SHEETS
SEPTEMBER 30, 1992 AND 1991
ASSETS
Cash (note 2)
Investments (note 2)
Accounts receivable:
Martin County, Board of County Commissioners
St. Lucie County, Board of County Commissioners
-McCreary Cqrporation - Property and Casualty
':T.rust Account
"Contribution def. iciency (note 3}
· Prepaid reinsurance
- - Total assets
Liabilities:
payabl ·
'McCreary Corporation - Property and
Casualty Trust Account
LIABILITIES AND RETAINED EARNINGS
.-Deferred contributions
1992
$ 10,850
5,121,959
438
438
13~249
$ 58,268
62,410
122,699
'claims' and claim adjustment
)enses (note 4)
- 1 iabil ities -
.... :., .... ,~' ., -.' ,...... :,~,, ~.' ..... -"."- . .
ed'"'~arn ".., :.'-- .' :'."- .....-:,.. ..... ~ ...... 389~181
'liabilities and_retained earnings.
The mccompany(ng notes are an integral part of these financ(e[ stmtem~.~nts..
1991
5,988
4,541,846
5,856
1,182
53,603
_331~,248
391,889
~; 4 ~ 9, m3,9 ~ 723
$ 70,790
4,868;933
4,939,72-3
) 4~939~723
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Reinsurance -- It is the Program's policy to reinsure for specific workers'
compensation and property loss claims in excess of 5300,000 and $100,000,
respectively. Reinsurance permits recovery of a portion of losses from
reinsurers, although it does not discharge the primary liability of the Program to
pay the claims reinsured. There were no amounts deducted from claims liabilities
as of September 30, 1992 and 1991 for reinsurance.
Cash Flo~s -- The Program presents its cash flow statement using the direct
method. Cash and cash equivalents consists of demand deposits at a.commercial
bank and investments held by the State Board of Administration.
Reclassifications -- Certain amounts in the 1991 financial statements have been
reclassified to tonform to their 1992 presentation.
NOTE 2 - CASH AND ZNVESTNENTS
Cash -- As required by Florida Statutes 280.03 all of the Program's cash during
the years ended September 30, 1992 and 1991 was held in a bank that was part of
the-Multiple Financial Institution Collateral Pool administered by the State of
Florida. The cash balance as of September 30, is insured as follows:
1992 1991
Znvesf;~en~s -- The Program's investments throughout both years consisted solely of
demand deposits in an investment pool administered by the Florida State Board of
Administration. These investments are allowed under Section 218.345, Florida
Statutes and are stated at cost which approximates market. The pool has 595
participants and $7.979 billion in investments {at cost} as of September 30, 1992.
NOTE 3 - CONTRIBUTION DEFICIENCY -' ~ _.::,.:~,.; .... '.-,:, :..,.. ~:::.___.
The Program had a ~ontribution deficiency at September 30;-:'1991'- .:The :membeps-.
adopted a Funding Plan which .calls for additional contributions in e~cess-of the
current ~. fund i ng ,'. requ i rement b..~.:: I n ~-.'. accordance ?.:wi th ..:.the'5,Fund i ng ..~ P1 an-. ~, and ';.,the., ..:. -.
i nterl ocal ~'agreement ':..-whereby ."the members".'have agreed ;'to,7:fund L anY 'contri buti on .... : -'"
deficiency, '.an accounts.,receivable and related.revenue have'been reflected in .the ''
accompanying financial statements .'in an amount necessary to cure the deficiency. '...
.All contributions in excess of current year expenses are applied, against the
contribution deficiency receivable. '~(.L.,'- . ....... :". ....-- ' ..... --,' "'
..... .'~...:..:.- ,. -. ..... .:..~ ....... .,--- .............................. ~:." ,' -..'- . ........... L_'__.
'" -~.. ~-,, '..".' , -~' ':, ,L . . ..,, ,. · , ·
(Notes c~ntimued on next
...m
m
m
m
NOTE 4 - UNPAID CLAIMS LIABILITIES
As discussed in note 1, the Program establishes ~ liability for both reported and
unreported insured events, which includes estimates of both future payments of
losses and related claim adjustment expenses. The following represents changes in
those aggregate liabilities for the Program during the past two years:
Unpaid claims and claim adjustment
expenses at the beginning of the year
Incurred claims and claim adjustment
expenses:
Provisi.on for insured events of the current
year
Provision for insured events of prior years
Total incurred claims and claim
adjustment expenses
Payments:
Claims and claim adjustment expenses attribu- table to insured events of the current year
Claims and claim adjustment expenses attribu-
table to insured events of prior years
Total payments
Total unpaid claims and claim adjustment
expenses at end of the year
lgg2 1991
$ 4,868,933 $ 3,342,198
1,757,947 1,658,338
1,964~07~
3,292,935
503,720 599,762
1,815,351 1,166,438
2,319,0~I lj766,200
$ 4, 513 , 9.3,,~
E4.868,933
The unpaid claims liability at September 30, is
composed of the'following:
Specific reserves
Incurred but not reported claims at net
present value: .............
3,265,617 $ 3,425,200
1,248,321 1,443,733
The liability for~'inC~r~edJb~"~:no~?reP~rted, claims is $1,750,000 and $2,450,000 at
September 30, 1992 and 19gl,---respectively, and has been discounted at an annual
rate of 4% and 6%,i~6espeCtivelY';.."...'..~':''
-~"(-Notes continued on next.l~l)e)
-8-
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX
(407)
589-5570
SUBJECT: Renew Membership
and participation in
Florida League of Cities
Self-Insurance Program-
Workers ~ompensation and
General Liability
Approved for Submittal By:
Interim City Manager
Dept. of Origin: Finance (MS)
Date Submitted: 1-06-94
For Age~da of: 1-12-94
Exhibits:
*Finance Director Memo Dated
1~06-04
*Florida League of Cities Proposal
(under separate cover)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED: $295,000
APPROPRIATION
REQUIRED:
SUMMA~y. 8TAT~M..ENT
Based on information provided under the TRICO pool membership
termination agenda item, I have supplied many reasons why we
should return to the Florida League of Cities Self-Insurance
Program at less than the amounts budgeted to pay TRICO.
Representatives from Florida League of Cities are present if
you have any questions.
Annualized premiums for Florida League of Cities is $271,258.
RECOMMENDED A~TION
Move to renew membership and participation in the Florida League of
Cities Self-Insurance Program, authorize the Mayor to execute the ~
contract and the City Clerk to attest to same.
Flortd~ League o~ CRies, [nc.
201 West Park Avenue
Post Office l~ox 1757
Tallahas~ee, FL .32.302-1757
Telephone (904) 222-9684
Suncom 278-5331
1AX (904) 222-3806
Reply to
FLF,
LEAGUE OF CITIES FaX NO, 407 425 9378 P, 02 I
Florida League of Cities, Inc.
Public Risk Services I
135 East Colonial Drive
L Post OJfice Box 530065
I Orlando, FL 32553-0065 I
~ ~ OFC~_~ Telephone (407) 425-9142
Suncom 344-6767
- ~ = = --- ~ .= ~ ~ ~,~,~y to I
Janua~ 7. ~994
Ms. Marilyn Swlchkow
Director of Finance
City of Seba~an
Post Office Box 780127
Seba~lan, FL 32978-0127
Property and Casualty Insurance Program
Dear Ms. Swlchkow:
Pursuant to your conversation with Kurt Heyman of our office, we propose to bind property and casualty
insurance coverage for the City-of Seba~lan effective January 16, 1994 at the following lim~ and premiums:
Coveraoe
Workers Compensation
General Liability
Police Professional Uabillty
Public Officials Errors &
Omissions
Automobile Uability
Automobile Physical Damage
Property Coverages
I~ Annual Premium .*pm-Rata Premium
Statutory $112,610 $ 79,615
$1,000,000 CSL 50,290 35,555
$1,000,000 CSL 25,157 17,793
$1,000,000 CSL 20,573 14,545
$1,000,000 CSL 26,0~ 0 19,803
Values Per Schedule 12,943 g, 151
Values Per Schedule ~ 15 31'/
$271,258 $191,779
* Pro-Rata Premium represents coverage period from January 16, lgg4 to October 1, 1994. It Is
derived using a .707 factor applied to the annual premium.
Coverage will be provided through lhe Florida Municipal Self Insurers Fund and the Florida Municipal
Insurance Trust. Complete insurance proposals including deductible options and policy forms are being
/~"fl)~ rwarded to your attention.
Florida Municipal Sell ] Florida Municipal Health Florida Munidpal Per, sion
Insurers Fund (Workers' ] Trust Fund Tn.~t Fund
Compensation)
Florid~ Municipal Insurance
Trust (Liability and
Property)
]]:24 FLR LERGU£ OF OITIES FRX NO, 407 425 B378 P, 03
January7,1994
Page 2
Ms. Marilyn Swlchkow
City of Sebastian
I hope that ~hls letter is sufficient for your needs ancl if you require addlflonal Jnl~Drmatton, please cio not
hesitate to call me.
Sincerely,
Bradley $. C~a~k
Risk Manager
B$C/vmv
CC: Kur~ Heyrnan, State League Representatives, FLC
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407)589-5330 n FAX (407)589-5570
) ,,genOa Jo.
SU~ECT: Water an~ Wastewater
Master Plan for the City of
Sebastia~
Approval For Submittal By:
Dept. of Origin: Utilities
Utilities Directo~/~.~ ~
Date Submitted: 12/$0/93
For Agenda Of: 01/12/94
Exhibits: H&rtman & Associates
Inc. Proposal
AMOUNT
APPROPRIATION
REQUIRED: $59,24?.74
BUDGETED:
REQUIRED: $59,247.74
On December 17, 1993, the City acquired the General Development
Utilities Sebastian Highlands Water and Wastewater Systems through
the sale of utility revenue bonds. Two of the projects identified in
the Official Statement for the bonds were the Water System Master
Plan, for an estimated cost of $40,000.00 and Wastewater System
Master Plan, for an estimated cost of $20,000.00. These cost
estimates were prepared by Hartman & Associates for the Consulting
Engineer's Report included within the Official Statement for the
bonds. At my request, Hal Schmidt of Hartman & Associates, Inc.
prepared a formal proposal for preparing a 10 year Water and
Wastewater Master Plan, a copy of which is attached. Exhibit "B"
shows the detailed breakdown of the estimated professional fees as to
how the total estimated cost was derived.
Because the City has previously selected Hartman & Associates through
the Competitive Negotiations Act, the City will not lose several
months of valuable time in having to resort to a new engineer through
the competitive negotiations process. I reco~umend that the City
proceed as soon as possible to develop a master water and wastewater
plan to identify the direction in which the City needs to expand its
utility system.
ACTION
Move that the City Council authorize Hartman & Associates, Inc. to
prepare both Master Plans for the water and wastewater systems in the
amount of $59,247.74
engineers, hydrogeologists, surveyors & management consultants
December 20, 1993
HAl #02-023
Mr. Richard Votapka, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: · · City of Sebastian Water and Wastewater Master Plan Proposal
Dear Mx. V0tapka:
Hartman & Associates, Inc. (HAI) is pleased to submit this proposal for preparing a 10-year
Water and Wastewater Master Plan for the area encompassing the existing City of Sebastian
corporate limits. As you are aware from our previous work for the City, as well as our
qualifications statement, I-IAI can offer the City a unique blend of engineers, hydrogeologists
and financial consultants who have a complete understanding of managing and developing a
water and wastewater utility system. As a result, i-IAI can provide the City with an 'efficient
and responsive project team for developing.
Moreover, you will fred that members of our project team have distinguished themselves on
many occasions with participation in rule making, development of standards, and authoring
technical articles in the .area of utility management and feasibility, in addition, we have
included an analysis on meeting the existing and future requirements of the Amendments to the
1986 Safe Drinking Water Act (SDWA), Florida Department of Environmental Protection
(FDEP), and United States Environmental Protection Agency (USEPA) rules and regulations.
Furthermore, you will find that the staff assigned to this project are principals of the firm who
can make decisions necessary for the effective prosecution of the aasignment and can assure
you that this project will be a top priority. I will be the principal in charge of the project
throughout its duration. I will be assisted primarily by Mr. Gary ReVoir, ri, P.E., and Ms.
Jill Manning for the duration of the project. As with all of our projects with the City, we .are
committed to provide the City with a quality and cost-effective project.
Our firm is well versed in what is required to develop a utility system from scratch, as well as
the financial considerations thereof. In the past two (2) years, our firm has prepared water and
wastewater master plans for the following entities:
1. City of North Port
2. City of Sanibel
3. Spring Hill
4. Pinellas County
201 EAST PINE STREET · SUITE 1000 · ORLANDO, FL 32801
TELEPHONE (407) 839-3955 ° FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard Vompka,
December 20, 1993
Page 2
5. Clay County
Included in Attachment "A" is our General Provisions as amended and supplemented in
Exhibit "A" attached thereto. Exhibit "A" describes the scope of services and schedule for
preparing the Water and Wastewater Master Plan for the City. Our estimated not-to-exceed
fee is $59,247.74, as summarized in Exhibit "B". We would expect to begin our services
promptly after notice to proceed and shall complete this study within five (5) months, as
outlined in Exhibit "A".
If the above'and attachments satisfactorily set forth your understanding of our agreement, we
would appreciate your signing one (I) copy of this agreement and returning it to our offices.
If you have any questions regarding this agreement or the attachments, please do not hesitate
to contact me.
Wimess
Very truly yours,
Hartman & Associates, Inc.
Soh r i ,
Vice President ~
City of Sebastian, Florida
Witness
Wimess
Authorized Signature
HES/ch
P13/Votapka. hes
Attachment
Date
ATTACHMENT A
GENERAL PRO~,rlSIONS
Attachext to and made a part of LETTER
AGREEMENT, dated December 20, 1993, between '.'
the City of Sebastian (OWNER) and Hartman &
Associates, Inc. (ENGINEER) in re~p~et of the
Project described therein.
SECTION 1 - BASIC SERV]C]~S OF ENGINt~R ....
1.1 After written authorization to
ENGINEER shall perform the
professional sotvices:
proee~,
following
1.1.1. Consult'with OWNER to clarify and define
OWNER's r~luiremeat~ for the Asr, ignmvat and
review available data;
1.1.2. Advise OWNER as to the necessity of
OWNER's providing or obtaining from 6flaers
the Assignment and assist OWNER ia obtaining
such data and s~rvie~;
1.1.3. Provide analyses of OWN'ER's n~ds with
evaluations and comparative studies of prosl~tive
solutious;
1.1.4. Prepare a Report of ENGINeER's findings
and recommendations and fumiah five copies of the
Report and review it in l~.~on with OWNER.
1.2.1 The duties and responsibilities of
ENGINEER described above are supplemented and
amended as indicated ia paragraph 1 of Exhibit-A
'Scope of Servie.~ and Schedule' which is attached
to and made a part of the AD-~ement.
SECTION 2 -ADDITIONAL SERVICES
2.1. If authorized ia writing by OWNER,
Additional Servic. e~ related to the Assignment will
be performed by ENGINEER for an additional
professional fee.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following ia a timely manner
so as not to delay the Services of ENGINEER:
ES/ch/P 13/$ebast. AtA
-1-
3.1. Provide all criteria and full information as
to OWNER's requir~ment~ for the Assignment and
designate m writing a person w/th authority to act
on OWNg-R's behalf on all matters concerning the
Assignment;
3.2. furnish to ENGINEER all existing studies,
reports and other available data p~ninent to the
Assignment, obtain or authorize ENGINEER to
obtain or provide additional r~port$ and data as
r~luired, and furnish to ENGINEER ~rviees of
others required for the l:~n'formanee of
ENGINEER's services heretmdar, and ENGINEER
shall be varified tn uae and rely upon all"lgueh
information and ~rvie~ provided by OWNER or
others ia p~fforming ENGINEER's t~rvie~ under
this Agr~m~at;
3.3. arrange for ~ to and make all
provisions for ENGINEER to vater upon public and
private property as required 'for ENGINEER to
p~orm r~rviees herr, under;
perform such other functions as are
iadicat-,d in Exhibit-A' Scope of Services and
Schedule'; and
3.$. bear all costs incident to compliance with
the requirements of this Section 3.
E~ON 4 -PF~IOD OF SERVICE
4.1. ENGINEER's Basic Services will be
performed and the Report submitted within the time
period or by the date ~tipulated in l~xhibit-A 'Scope
of Services.'
4.2. ENGINEER's Basic Servie~ under this
Agreement will be considered complete at the earlier
of (1) the date when the R~ort is accepted by
OWN-ER or (2) thirty days after the date when the
Report is submitted for final acceptance, plus in
each case, if applicable, such additional time as may
be considered reasonable for obta/niag approval of
governmental authorities having jurisdiction to
approve the Report.
4.3 ENGINEER's Additional Servie.~ will be
performed and completed within the time period
agreed to in writing by the parties at the time such
services are authorized.
4.4. If any time period within or date by which
any of ENGINEER's services are to be completed is
exceeded through no fault of ENGINEER, all rates,
measures and amounts of compensation and the time
for completion of performance shall be subject to
equitable adjustment.
SECTION 5 -PAYMENTS TQ.]ENGINEER
5.1. Methods of Payment for Services of
ENGINEER.
5.1.1 For Basic Service~. OWNER shall pay
ENGINEER for all Basic Servic~ rendered under
Section 1 (as amended and supplemented by Exlaibit-
A 'Scope of Services') as follows:
5.1.1.1.
On the basis set forth ia Exhibi~ B
and C 'City of Sebastian Water and
Wastewater Master Plan Professional
Fees and Hourly Rate Schedule',
respectively
5.1.2. For Additional Services. OWNER shall
pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to ia
writing by the parties at the time such servie~ are
authorized.
5.1.3. Reimbursable Expenses. In addition to the
payments provided for in paragraphs 5.1.1. and
5.1.2, OWNER shall pay ENGINEER the actual
costs (except where specifically provided otherwise)
of all Reimbursable Expenses incurred in connection
with all Basic Services and Additional Se:vie. es.
Reimbursable expenses mean the actual expenses
incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly or indirectly in connection with the Project,
such as expenses for: transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage.
5.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3. ENGiNEER's above charges are on the
basis of prompt payment of bills rendered and
HES/ch/P 13/Sebast. AtA
-2-
continuous progress of the work on the Assignment
until submission of the Report.
5.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days aher receipt of ENGINEER's statement
therefor, the amounts due ENGINEER will be
increased at the rate of 1 ~ per month from raid
thirtieth day, and ia addition, ENGINEER nmy,
after giving seven day's written notice to OWNER,
auspeafl services under this Agreement until
ENGINEER has been paid ia full all amounts due
for ~ervice. s, expenses and charges.
.S.~CT]ON 6 - COST C,O~OL
6.1. OWNER's budgetary requirements and
considerations ia r~aect of the Assignment are set
forth m Exhibit-A 'Scope of Services and
Schedule'.
6.2. Opinions of probable construction cost,
financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilitarian
considerations of operations and maintenance costs
prepared by ENGINEER hereunder will be made on
the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best
judgment as aa experienced and qualified design
professional. It is recognized, however, that
ENGINEER does not have control over the cost of
labor, material, equipment or services furnished by
others or over market conditions or OWNERs'
methods of determiniag their prices, and that any
utilitarian evaluation of any facility to be
constructed or work to be performed on the basis of
the Report must of necessity be speculative until
completion f its detailed design. Accordingly,
ENGINEER does not guarantee that proposals, bids
or actual costs will not vary from opinions,
evaluations or studies submitted by ENGINEER to
OWNER hereunder.
SECTION 7 - GENERAL CONSIDERATIONS
7.1. All documents prepared or furnished by
ENGINEER (and ENGINEER's independent
professional associates and consultants) pursuant to
this Agreement are instruments of service and
ENGINEER shall retain an ownership and property
interest therein. OWNER may make and retain
copies for information and reference; however, such
document.~ are not intended or represented to be
suitable for r~use by OWNER or others. A~y reuse
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OW'NER's sole risk and without liability or
legal exposure to ENGINEER, or the ENGINEER's
independent professional associates or consultants,
and OWNER shall indem-ify and hold harmless
ENGINEER ~md ENGINEER's independent
professional associates and consultants from all
claims, damages, losses ~nd expenses including
attorneys' f~e.s arising out of or re. suiting therefrom.
Any such verification or adaptation will e~atitle
ENGINEER to ~urther e. ompensation at rates to lac
agr~e.d upon by OWNER and ENGINEER.
7.2 · Thc obligation to provide further
ur, der this Agroement may lac t~-min~t,~l by either
party upon thirty days' writma notie.¢ ha the event of
substantial failure by the other party to perform in
ae.e. ordane, e with the t~rms thereof through n6' fault
of the mrminating part~, in the ~ve~t of any
t~rminatiun, ENGINEER will be paid for all
s~rvie, e. rendered :zud Re. imburmble
incurr~cl to the dat~ of t~-m~aation and, in addition,
all Reimbursable Expeags~ dir~tly attributable to
termination.
7.3.1. OWNER and ENGINEER each is hereby
bound and the pnxtners, successors, executors,
ndministrators ~md legal representatives of OWNER
and ENGIi~ER (and to the extent p~'m:itted by
paragraph 7.3.2 the assigns of OWN'ER and
ES/¢h/P 13/Sebast. AtA
-3-
ENGINEER) are hereby bound to the other party to
this Agr~ment and to the partners, gue. e. essors,
exe. eutors, administrators and legal representatives
(and said assigns) of each party, in respect of all
covenants, agreements and obligations of the
Agreement.
7.3.2. Neither OWNER nor ENGINEER shall
assig~a, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that ar~ due) this
Agreement without the writte~ consent of the other,
ex.pt to the extant that any assignment, subletting
or transfer is rmmdat~d by law or the effect of this
limitation may be re. atrict~l by law. UMess
specific, ally stat~l to the contrary in any w~tte~
consent to .an assignment, no a~;igament will release
or discharge the assignor from any duty or
r~ponsibility under this Agrmment. Nothing
e. ontain~d in this paragraph rdaall prevent
ENGINEER from employing such independent
professional associategl and consultants as
ENGINEER may d~a:a appropriate to assist i~ the
pcrformaa~ of s~rvi~s hereunder.
7.4 Nothing' under the Agreement ahall b~
construed to give any rights or benefits in the
Agreement to anyone other than OW]q'ER and
ENGINEER, and nil duti~ and r~-'ponsibilities
undertaken pursuant to this A~ment will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
party.
EXHIBIT
SCOPE OF S~RViCES AND SCHEDULE
The purpose of this study is to develop a Master Plan for providing water and wastewater
utility service within the City of Sebastian corporate limits. The study will include, but not be
limited to, economic impacts on the potential customers within the water and wastewater
service area, alternative methods of providing water and wastewater service (water supply,
treatment, storage and distribution; and wastewater collection, treatment and effluent disposal),
population projections, raw water quality, effluent disposal, permitting issues, and other utility
related matters. In addition, the study will address the initial and furore capital needs of the
proposed water and wastewater utility system to accommodate expansion of the system and the
flexibility to adapt to furore potential .regulatory changes regarding water and wastewater
systems. Moreover, the study will be suitable to supplement potential loan and grant
applications for the proposed system.
Based on the purpose of this Water and Wastewater Master Plan for the City of Sebastian, the
study has been divided into nine (9) basic components, as described below.
TASK 1 -DATA COLLECTION
Data will be collected from, but not be limited to, the offices of the St. Johns River Water
Management District (SJRWMD), Florida Department of Environmental Protection (FDEP),
City of Sebastian and Indian River County Planning Departments, City of Sebastian Utility
Department, the Soft Conservation Service, the United States Geological Service, Department
of Community Affairs, and others. The data that will be collected will include, but not be
limited to, FDEP Monthly Operating Reports 0VlOR's) for the water treatment plant (WTP)
and wastewater treatment plant (WWTP) in the proposed service area, raw water quality data,
WTP and WWTP design criteria, drawings and engineering reports (if available), soil data,
land use maps, building permit data, and other relevant information.
T~ASK 2 - CUSTOMER. AND FLOW PROJECTIONS
Based on a review of the historical population and growth projections as developed in the
City's and County's Comprehensive Land Use Plans, building permits and other relevant
information, an accurate forecast of customer and equivalent residential connections (ERC's)
through a five-year forecast horizon will be developed. In addition, average day, maximum
day and peak hour water demands and wastewater flow projections will be calculated utilizing
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the population growth projections, ERC usage, water conservation programs, and other
relevant data over the 1 O-year forecast horizon.
,TASK3 - E~I,$,TING WATER DISTRIBUTIO .N,.. AND ,TREATMENT
The existing distribution system will be evaluated with the use of computer simulation.
An engineering opinion overview will be provided based upon existing demands and
system capability of meeting service requirements. The overview will also focus on
identifying system deficiencies with recommendations for improvements.
Supply and Treatm~.L~apacity
The potable water facilities will be evaluated with respect to raw water supply,
treatment capacity, storage and high-service pumping. The wells and treatment
analysis will focus on water quality and ability of existing process to meet existing and
anticipated future regulations. Previous hydrogeological reports win be reviewed and
evaluated with respect to projected demands and water quality criteria.
TASK z~ _ EXISTING WA$.TEWATER COLLECTION. TREATMENT AND EFFLUENT
A. Wastewater ~Collection
An engineering opinion overview will be performed on the wastewater collection
system which will include a computer simulation of the overall wastewater collection
system. It will be necessary to obtain from the City of Sebastian information on all
pump stations. This information will include:
Pump make and model or head curves
Wet well diameter
Wet well depth
Invert depth
Overall wastewater collection system map.
The overview will be directed at determining system deficiencies and recommending
improvements to the wastewater collection system.
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B. ,Treat .m. ent and Djsposa]~Capaci,ty
The WWTP will be evaluated against demands and level of treatment for commitments
for effluent. For effluent disposal, we will utilize previous effluent disposal reports, as
well as soil conservation services data.
TASK ~..- HYDRAULIC ANALYSIS OF WATER ,AND WA~T.~WATER TRANSMISSION
A. Water Distribufi0n System Analysis
Based on the information obtained from the City relative to the water system, HAt-will
prepare a pipe and node map of the water transmission and distribution system, as well
as a data file based upon the node map for input into the computer run. HAI will
utilize the Kentucky Pipe hydraulic analysis program as developed by Dr. Donald J.
Wood of the University of Kentucky for modeling the water distribution system. HAI
will disaggregate the existing demand data by node based upon the location of existing
units and customer sales data. Based on the above, HAI will develop typical per-unit
demand data by billing zone for projection of future water supply demands. An
estimate of the future demand per node, based upon the total build, out development
units and unit demand data, will be developed. Utilizing the water supply operating
data obtained fi.om the City, HAI will determine the maximum day demand factor,
peak hourly demand factor, and diurnal flow curves. HAI will develop four (4) basic
node configurations to include:
(1) Existing system.
(2) Existing system following the proposed additional well installations.
(3) Future system improvements (5 years).
(4) Future system improvements (10 years).
The hydraulic model of the existing system will be test run with field flow and pressure
data provided by the City to verify the hydraulic nodes. A steady state simulation of
each configuration above at maximum day, peak hour, and maximum day plus fire
flow at up to seven (7) locations determined by the City. The model run results,
system deficiencies and recommended improvements will be summarized in the water
master plan. In addition, HAI will prepare up to eight (8) pressure contour maps of the
model run results, as selected by the City, for incorporation into the master plan.
Diskettes of the computer model and node map will be provided to the City.
HES/ch
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B. Wastewater~Transrni ssion S~vstem._Analysis
Based on the information obtained from the City of Sebastian relative to the wastewater
collection and transmission facilities, HAl will prepare a pipe and node map of the
wastewater force main system, as well as a data file based upon the node map for input
into the computer run. The Kentucky Pipe program will be utilized to model the
wastewater force main system. HAl will disaggregate lift station service areas by
node. Based upon the data from the FDEP monthly operating reports, HAl will
develop a per ERC wastewater generation for projection of future wastewater needs.
An es.timate of the future wastewater generation per lift station service area, based upon
total bfiild-out development units and per ERC, will be developed. Utilizing the data
provided by the City, HAl will determine the maximum day and peak hour factor.
HAl will develop three O) basic node configurations to include:
(2)
(3)
Existing system.
Future system improvements (5 years).
Future system improvements (10 years).
A steady-state simulation of each configuration above at average day, maximum day
and peak hour will be developed. Diskettes of the hydraulic model and node maps will
be provided to the City.
TASK6 -WATER SYSTEM PLA~G
Based upon the engineering overview of the existing water system and customer projections, a
water system master plan will be developed. This plan will include utilizing the designated
well locations and safe yields. The plan will address meeting the SDWA. A phased capital
improvement plan will be developed for both distribution and treatment supply.
TASK 7 - WASTEWATER SYSTEM PLANI~..N(3
Based on the engineering overview and customer projections, a phased capital improvement
plan will be developed for the collection, treatment and disposal systems. For effluent
disposal, we will try to optimize existing effluent disposal sites through re-rating, if possible.
Future golf course, green spaces and other effluent reuse sites will also be identified for
effluent disposal. The data included in the wastewater system planning will provide sufficient
information for preparation of the FDEP Reuse Feasibility Study.
~/ch
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TASK $ - ECONOMIC ANALYSIS
Based on the recommended existing and future capital improvements for the City's water and
wastewater system, an economic analysis will be conducted. In addition, various funding
alternatives, including, but not limited to, the Farmers Home Administration Grant/Loan
Program, Community Development Block Grants, State Revolving Loan Fund Program, and
low interest loans, will be evaluated and included in the economic analysis.
Utilizing the customer projections, capi~ costs, staffing and operational requirements, and
other relevant data determined in the seven (7) previous tasks, a range will be developed that
will identify the average costs per customer. Moreover, if necessary modifications to other
charges (e.g., capital charges, meter installation charges, deposits, reconnection fees, etc.).-will
be described, and recommended ranges will be identified.
TASK 9 - DRAFT AND F. INALREPORT
Five (5) copies of the draft report will be provided to the City for their review. A review
meeting will be conducted to review the draft report and discuss any comments the City may
have. As a result of the review meeting, the City's comments will be incorporated into the
final report and ten (10) copies of the final report will be submitted for approval. In addition,
HA/will present the final report to the City Council.
F..STI~.. AT]gD PROJECT SCHEDULE
The estimated project schedule for this project from data collection to report preparation is five
(5) months from the date of approval of the proposal. A draft report will be provided to the
City for review in four (4) months from authorization, and a final report submitted four (4)
weeks thereafter. Summarized below is the recommended project schedule:
ComPletion Date(l)
1. Data Collection
January 12- February 16, 1994
2. Customer and Flow Projections
January 12- February 16, 1994
Existing Water Distribution and Treatment January 12 - February 16, 1994
Existing Wastewater Collection
and Treatment
January 12- February 16, 1994
5. Review Meeting
February 24, 1994
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-5-
6. Hydraulic Analysis for Water and
Wastewater System
7. Water System Planning
8. Wastewater System Planning
9. Economic Analysis
10. .Draft Report
11. Review Meeting
12. Final Report , ·
13. Presentation to City Council
Completion Date(1)
February 24 - March 16, 1994
March 16 - April 6, 1994
March 16 - April 6, 1994
April 6 - April 20, 1994
April 20, 1994
April 27, 1994
May 18, 1994
May 25, 1994
(1) Assumes authorization for notice to proceed on January 12, 1994.
kq.._~.~F13/Sebast. Scp
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"EXHIBIT C"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
G. C. Hartman Principal, P. E, $108.00
H. E. Schmidt Principal, Project Manager, P,E. $108.00
J. E. Christopher Principal, Project Manager, P.E. $108.00
C. W. Drake Principal, Project Manager, P.G. $92.83
M. A. Rynning Principal, Project Manager, P.E. $92,83
M. I. Luke Principal, Project Manager, P.L.S. $92.83
R.J. Ori Financial Manager, CPA, MBA . $85.67
W.D. Musser Engineer VII, P.E. $67.50
T.A, Hochuli Engineer VI, P.E. ,'63.61
S, C. Ouinlan Engineer VI, P.E. $61.87
W. B, _Lafrenz Hydrogeologist Vi, P,G.
G.J. Revoir Engineer V, P.E. $54.68
P.G. Murray Construction Inspector $54,00
D. P. Dufresne Hydrogeologist IV, P.G. $53.22
C. M. Bliss Engineer V $52.57
R. K. Cashe Engineer V, P,E. $51.30
T. J. Sievers Hydrogeologist IV $51.27
A.T. Woodcock Engineer IV $50.63
J. J. Burgiel Senior Rate Analyst $49.98
12. t.. Harrouff Admini,tratiYe Assistant
R. C. Copeland Senior Rate Analyst, MBA $48.68
J. D. Fox Engineer IV $47,1
at-excel/Hrlyrate/2-?Spc. Sch
"EXHIBIT C"
HARTMAN AND ASSOCIATES. INC.
HOURLY RATE SCHEDULE {S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
A. T. Gawad Engineer IV $46,98
K, Wulff Engineering Design II S45.23
A,K. Gay Engineer IV S44.90
G.R. Cra~ord Engineer III $42.53
F.A. Brinson Engineer III $38,07
S. G. Neumeyer Engineering Technician III $38.07
R. H, Nelson Engineering Technician III $35.91
M, J, Hudkins Engineer I S35.69
W, Wasson Hydrogeologist II $35.69
C, M. Gaylord Senior Word Processor
T. A. Calzare~a Engineering Technician Iii $35.10
L.W, Mitchell Engineer I $35.10
D. Jiskoot Engineering Technician III $34.70
K, R, ~ebknecht Survey Crew Chief/Su~ey Technician II ~33.48
S,M. Fensterer Su~ey Crew Chief/Su~ey Technician II $32,81
J.A, Manning Engineer I $32.40
J. Warner Engineering Technician II $32.40
E, Jenkins Su~ey Technician Ii ~32.40
J.A. Baker Senior Word Processor $31.32
A. R. Terrero Word Processor $29,97
L. M. Looney Word Processor $29.16
at-excel/Hrlyrate/2-TSpc. Sch
~EXHIBIT C"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE {S/HR)
EFFECTIVE 7/1193
HOURLY
EMPLOYEE CLASSIFICATION RATE
N. DeCor~e Engineer I $28.35
F. Gidus Hydro Technician I $28.35
C. C. Tomlinson Assistant Rate Analyst $27.81
C.A. ~ure~a Word Processor $27.14
T. L. RDe Engineering Technician II $27.00
H. A. Cox Engineer I $27.00
J. Van Anda Engineering Technician Ii $23.63
S,D. Clatchey Su~eyTechnician I $23.63
T.N. Benedico Word Processor~ecep~onist ~22.95
D. Trussell Word Processor $21.60
L.E. Benne~ Survey Technician I $20.93
M. Taylor Reprodu~ionlCouHer Suppo~ $20.52
J.J. Wallace Engineer I $20.25
S. Simon Reprodu~ion/Courier Suppo~ $20.25
S. C. Cobe~ Engineer I $19.44
C. Cuevas Secretarial Suppo~ $17.69
at-excel/Hrlyrate/2-TSpc. Sch
3" ~,.~ '::Cto' of Sebasttan
OFFICE
I ,"~ ~,~'~ Pi:~tS'T BOX 180J21 o BEBAgTtAN. FLORIDA
~ ~ /.~/ TELEPHONE (407) Seg-S330
'
i
SUBJECT. ) Agenda No.
Positzon and replacement vfth )' Depf, Orlgin
) Date Submi%ted
Approved For Submi~%al Byt )
)
City Hanager )
)
)
)
Golf Course
1-5-94
For Agenda Of 1-12-94
Resolution ~R-93-22
Assistant Golf Pro
Job Description
EXPENDITURE AMOUNT
REQUIRED: N/A N/A
BUDGETED:
REQUI RED.
SUMMARY STATEMENT
1. Eliminating the position of Ass't. Pro position will not affect
the operation of the Golf Course in any way.
2. No increase to Administration costs, due to the fact that the
salaries are in the same range of the CWA contract.
3. The duties are basically the same with the exception of lessons
an club repairs, that can be handled by the Pro/Manager.
RECOMMENDED ACTION
Move to reinstate the position of Desk Clerk, so that we will have
a total of four (4) part time desk clerks.
NO. ~
A RESOLUTION OF T~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDa, ADOPTING A ~OB DESCRIPTION FOR
POSITION OF ASSISTANT gOLF PROFESSION~L~ PROVIDINg FOR
INCLUSION OF SUCH JOB DESC~IPTION IN TH~ CITX OF
SEBASTIAN STANDARD OP~TING PROCEDURES; PROVIDING ~0R
REPEAL OF RESOLUTIONS OR PARTS OF P~ESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTi~V~ DATE.
BE IT RESOLVED by the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
~ A. The job description for t, he classification of
Assistant Golf Professional, attached hereto as Exhibit "A"
is hereby adopted.
~ 2. The City Clerk is hereby directed to supply a
copy of ~his job description to the Mayor and members of t. he City
Council and all department heads for inclusion in the Standard
Operating Procedures for the City. The City Clerk shall note the
numbg= and date of this Resolution on said job description.
~ 3. All Resolutions or
conflict herewith are hereby repealed.
par~s of Resolutions in
c~_qTJ~_~4. This Resolution
upon its adoption.
shall take effect immediately
MAJOR FUNCTION:
~SSIS~ANT GOLF P~0FESS!ON~!,
Assists Golf Pro/Manager in all phases of golf course operations
and management. This is a para-professional position working under
the general supervision of the Golf Pro/Manager.
ILLUSTRATIVE DUTIES.:
I. Assists Golf Pro with tournaments, scheduling special events
and Glasses.
2. Collects greens fees from customers and answers any questions
customers may have.
3. Assists in the operation of the golf pro shop.
4. Assists in the preparation of golf administration employee
schedules.
5. Assists with the supervision of personnel.
6. Assists with month end inventory and daily, perpetual
inventory.
7. Provides golf instruction for all levels of players.
8. Posts club handicapping.
9. Performs other duties as required.
MINIMUM OUALIFICATION$:
The required skills would be obtained by a high school degree or
diploma and one-two years of experience working at a golf course.
KNOWLEDGE, SKILLS..~ AND ~BILi~iES:
1. Knowledge of the rules and regulations pertaining to golf
course operations.
2. Knowledge of good customer relations practices and the ability
to carry them out.
Ability to keep and maintain accurate records.
Ability to supervise staff.
Ability to handle money and give correct change.
Ability to teach golf to all levels of players.
4.
5.
6.
City of Sebastian
1225 Main Street u SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
32958
SUBJECT: REQUEST OF TRINITY
LUTHERN CHURCH TO ABANDON
RIGHT-OF-WAY
Approval for Submittal By:
Agenda Number:
Dept. Origin: ~ommunity
Date S~bmitted:
For Agenda Of:
Exhibits:
l. Letter dated 12/4/93 from Warren
Bigoness with site plan
2. Memo dated 12/17/93 from Dan Eckis
Development .,,,~
(BC
12/29/93 ~"
01/12/.,,94 ,
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Trinity Luthern Church is requesting the City Council to abandon the
right-of-way (see attached map) in front of their church.
The church has indicated that they have maintained this for the last 10 years
and wish to have ownership of this right-of-way and median. The City
Engineer has reviewed the request and has no objections to the abandonment of
the right-of-way.
If the City Council is inclined to approve this request staff would
recommend the following conditions: '
m
A survey prepared by a registered land surveyor providing the legal
description of the exact area to be vacated.
Once the abandonment has been approved, any changes to the existing
improvements to this area must obtain approval from the Planning and
Zoning Commission.
The church should pay for all costs involved in this matter. This would
be consistent with the City Council,s previous decision regarding the
Central Avenue abandonment.
BECOMMENDED. ACTION
Review the request from Trinity Luthern Church.
TO:
FROM:
DATE:
SUBJECT:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 $ FAX (407) 589-5570
MEMORANDUM
'~RUCE COOPER
COMMI~ITY~LOPIVlI~ DII:~CTOR
DAN ECKI~_~/
CITY ENG/1TEER/PUBLIC WORKS DIRECTOR
DECEMBER 17, 1993
TRINITY LUTHEP~N CHURCH REQUEST ABANDONMENT
OF RIGHT OF WAY
Please find enclosed a copy of a letter received December 4th,
1993, from Trinity Luthern Church requesting an abandonment of
right of way.
I have reviewed the sketch of the area requested for abandonment.
The area in question is termed as a Brow. Typically a brow is
used to increase the setback to allow a greater frontage of two
or more lots that could not otherwise meet minimum front lot
requirements. Because the church is located on both lots with
unity of title the brow portion of the right of way can be
eliminated. It is my understanding that the church has been
maintaining this area for the past ten years. I would not have a
problem with vacating this right of way. All utility companies
must be notified. A survey must be provided showing the legal
description of the exact area to be vacated.
Trinity Lutheran Church
61I Schumann Drive · Sebastian, Floric~ 32958
December 4, 1993
Mayor Lonnie Powell
Sebastian City Council
City Hall
Sebastian, FL 32958
Dear Mayor ~nd City Council:
It has been established by the city engineer that the property directly north of Trirfity
Lutheran Church belongs to the city's right of way. This property lies north of Lot 4
& 5 of Block 407, Unit 7, Sebastian Highlands (please see enclosed plot plan). The
right of way referred to above does not include the usual fight of way for the road.
This property has been maintained by Trinity Lutheran Church during the last ten
years.
With this letter Trinity is formally asking that the City of Sebastian deed the above
property to the church, according to a recent resolution of the congregation. If you
wish to get further information from the church, please contact Mr. Warren
Bigoness, chairman of the trustees, phone 388-2019.
Your kind consideration in this matter is greaUy appreciated.
Sincerely yours,
Mr. Warren Bigoness
768 Bayfront Terrace
Sebastian, FL 32958
.,,"2
, LAKE
SCHUMANN
TRACT
I
I
I
LAKE
0~o~
~00,0 ~9'~,o~'
~-:~"~¥ LI
%, \.- ......
140' 197'
7
I
I
Cio; of Sebastian
1225 Main Street u SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 ~.~ FAX (407) 589-5570
32958
SUBJECT: REQUEST OF THE KNIGHTS
OF COLUMBUS TO UTILIZE RIVERVIEW
PARK NORTH FOR A CARNIVAL
Approval for Submittal By:
City Manager
)
)Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
01/05/94 (BC~
01/--12/94
Letter dated 1/4/94 from Eugene
Dernbach
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARy STATEMENT
The Knights of Columbus is requesting permission from the City Council to
utilize Riverview Park North for a carnival on February 3, 4, 5, and 6, 1994.
RE.COMMENDED ACTION
Move to approve the request from the Knights of Columbus to utilize Riverview
Park North on February 3, 4, 5, and 6, 1994. This approval is subject to the
following conditions:
1.)
2.)
3.)
4.)
5.)
6.)
7.)
$100.00 security deposit.
Applicant must provide a copy of insurance regarding general liability.
Applicant to provide sufficient waste receptacles and clean up after
event.
No alcoholic beverages are permitted within the park.
All displays must be clear of the sidewalks and entrance ways.
Applicant must contact the Health Department regarding the sale of food.
Applicant must contact Chief Petty regarding the amount of off-duty
police officers that would be needed for this event, at the applicant's
expense.
January 4, 1994
Mayor and Council
City of Sebastian
1225 Main ~treet
Sebastian, Florida 32958
Council Pe~bons,
,
8800 U.S. #1
WABASSO. FLORIDA
SEBASTIAN COUNCIL, No'. 8009 "~, '~:~ ~-.
P.O. Box 42] ~.
ROSEL~D, FLORIDA 32957 ,..~:.~.. ..,..~.~.:..
;z...:.. ~- '" ~.
The Knights of Columbus Council 8009 of Sebastian have tentatively
sceduled a Carnival to take place February 3,4,5, and 6, 1994.
We have contacted Renchino Amusements, who have had carnivals in the
past here in Sebastian. They have a good reputation in our City
the state of Florida. , and
We at this time request the use of RIYER¥IEW PARK NORTH for the above
dates. Your kind approval of this application would be greatly appred-
ated by our entire Council. Early approval would also be appreciated
do to the fact that time is of the essence to make this project a
success.
Thank you fOr your consideration:
g6he De~:nbaCh~ 6arniva?~Chairman
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