HomeMy WebLinkAbout01261994I
City of Sebastian
I 1225 MAIN STREET n
SEBASTIAN,
FLORIDA
32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETiNG
WEDNESDAY, JANUARY 26, 1994 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDiNANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAiN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Ed Eby -
Nazarene
First
Church of the
4. ROLL CALL
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).
PROCLAMATIONS AND/OR ANNOUNCEMENTS
93. 020
PGS 1-$
PGS 7-28
94.024
PGS 29-30
7. PUBLIC HEARING, FINAL 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 N.o.te: 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.
QRDINANCE NO. Qr93-14 - Animal Regulations
(Director of Community Development Transmittal
dated 1/20/94, O-93-14)
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. (lst Reading
12/15/93, Advertised Legal Notices 1/12/94, PH and
Final Adoption 1/26/94)
8. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 1/12/94 Regular Meeting,
1/13/94 Special Meeting
Approve Purchase of Flail Axe Cutter Head
Assembly for Unit 17 John Deere 2550 Tractor -
Berggren Equipment Co. - $2,800.00 (city Engineer
Transmittal dated 1/12/94, Vehicle Maintenance
Foreman Memo dated 12/16/93)
94.005
P~S $1-39
94.020
P~S 41-43
94.003
PG 45
94.005
PGS 47-48
BESOLU~ION NO. R-94-08 - Approving Interlocal
Agreement - Establishing Council of Public
Officials - Repealing R-94-03 (City Clerk
Transmittal dated 1/17/94, R-94-08, Revised
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, INCLUDING RESOLUTION NO. R-94-03;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
RE__SOLUTION NO. R-94-09 - Delete Assistant Golf
Professional Job Description (City Clerk
Transmittal dated 1/18/94, R-94-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DELETING THE JOB DESCRIPTION FOR THE
ASSISTANT GOLF PROFESSIONAL; DIRECTING THE CITY CLERK
TO DELETE THE JOB DESCRIPTION FOR ASSISTANT GOLF
PROFESSIONAL FROM THE CiTY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF
RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING
RESOLUTION NO. R-93-22; AND PROVIDING FOR AN
EFFECTIVE DATE.
PRESENTATIONS - None
A. Appoint Five Members to Occupational License
Equity Study Commission (City Clerk Transmittal
dated 1/17/94)
Appoint City Council Member to Council of Public
Officials (City Clerk Transmittal dated 1/19/94)
3
PGS 49-50
94. 026 D.
PGS 51-52
Construction Board - Accept Resignation of James
Haney, HARV Contractor (Director of Community
Development Transmittal dated 1/18/94, Haney
Letter dated 12/17/93)
Code Enforcement Board - Accept Resignation of
Wayne Tozzolo (Director of Community Development
Transmittal dated 1/19/94, Tozzolo Letter dated
1/12/94)
94.027
13. OLD BUSINESS - None
14. NEW BUSINESS
A. ELECTION MATTERS
PGS 53-54
PGS 55-58
Election Proclamation - Calling March 8, 1994
General Election (City Clerk Transmittal
dated 1/18/94, Proclamation)
RESOLUTION NO. R-94-04 - March 8, 1994
Election - Designating Polling Places,
offices to Be Filled, Question to Be Decided
(city Clerk Transmittal dated 1/18/94,
R-94-04)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL
POLLING PLACES FOR A GENERAL ELECTION TO BE HELD
ON MARCH 8, 1994, FOR THE PURPOSE OF ELECTING TWO
(2) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2)
YEARS AND PLACING A CERTAIN REFERENDUM QUESTION
ON THE BALLOT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
PGS 59-62
Formal Request for Supervisor of Elections
for Indian River County to Conduct Election
(City Clerk Transmittal dated 1/18/94, SOE
Memo dated 1/17/94)
PGS 63-64
Appoint One City Councilmember to Canvassing
Board (City Clerk Transmittal dated 1/18/94)
4
94.028/
93.209
PGS 65-79
ORDINANCE NO. O-94-01 - Cable Regulation (Finance
- Staff Account Transmittal dated 1/20/94,
O-94-01, FCC Form 328)
1st Reading, Set Public Hearing 2/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA RELATING TO CABLE TELEVISION
REGULATION; CREATING CHAPTER 105 OF THE CODE OF
ORDINANCES; PROVIDING FOR A TITLE; PROVIDING FOR
AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING
AUTHORITY TO THE CITY; PROVIDING FOR RATE REGULATION;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
.~94.029/ ~Skydive Sebastian, Inc. Sub-Lease from Clay Price
~ ~93.017 L~ (City Clerk Transmittal dated 1/19/94, Proposed
PGS 81-94~V, Sub-Lease, Airport Manager Letter dated 1/13/94,
~i~ Price Letter dated 1/7/94, Articles of ...... ~_~
/~ ~ Incorporation) ~~~-~~//~.~~.~.' ~_,,~~
94.030 D. RESOLUTION NO. R-94-10 - Abatement of Existing
P~S 95-105 Church on Bob Circle (Director of Community
Development Transmittal dated 1/19/94, Director
of Community Development Letter dated 11/9/93,
Fischer Letters dated 1/7/94 and 1/12/94,
R-94-10)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REQUIRING THE ABATEMENT AND
DEMOLITION OF AN UNSAFE STRUCTURE, PURSUANT TO
SECTION 26-34 OF THE CODE OF ORDINANCES AND SECTION
102.5 OF THE STANDARD BUILDING CODE AND THE STANDARD
UNSAFE BUILDING ABATEMENT CODE, CONSISTING OF TWO
STRUCTURES WITH APPROXIMATELY 1,196 SQUARE FEET,
LOCATED ON THE EAST SIDE OF BOB CIRCLE, NORTH OF
COLUMBUS STREET, SOUTHEAST OF MAIN STREET, WEST OF
THE FLORIDA POWER AND LIGHT 100 FOOT POWERLINE
EASEMENT, LOCATED IN THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
94.031
PGS 107-114
Schumann Drive Drainage Improvements - Stormwater
Discharge Permit - H.F. Lenz Co. - Not to Exceed
$3,000.00 (City Engineer Transmittal dated
1/12/94, H.F. Lenz Proposal)
5
94.032 F.
PGS 115-127
94.033 G.
PGS 129-141
~'~~94.034 H.
PGS 143-1~$
15.
16.
94.035
PGS 157-158
94.036
PGS 159-'162
Park Place/Palm Lake Club Interconnection with
City Water Distribution System - Engage Hartman
and Associates, Inc. - Engineering Services -
$6,950.00 (Utilities Director Transmittal dated
1/19/94, Proposal)
Park Place/Palm Lake Club Interconnection with
City Wastewater System - Engage Hartman
and Associates, Inc. - Engineering Services -
$21,260.00 (Utilities Director Transmittal dated
1/19/94, Proposal)
Ammoniation System for Trihalomethane (THM)
Control - Engage Hartman and Associates, Inc. -
Engineering Services - $6,500.00 (Utilities
Director Transmittal dated 1/19/94, Proposal)
MAYO~ AND CiTY COUNC_IL MATTERS
A. Mrs. Norma Damp
B. Mr. Robert Freeland
C. Mayor Lonnie R. Powell
D. Vice-Mayor Frank Oberbeck
E. Mrs. Carolyn Corum
iNTRODUCTION O__F PEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Sal Neglia, President - Sebastian Highlands
Property Owners Association - Request Monthly
Agenda Item (City Clerk Transmittal dated
1/19/94, Neglia Letter dated 1/16/94)
Richard Rosenkranz- Jim Caldwell - Request
Monthly Breakfast at community center - senior
citizens - Last Saturday of Each Month - $ am to
Noon - Waiver of Rental Fee and Security Deposit
- Sponsored by Treasure Coast Senior Services,
SHARE, Kashi Church Foundation, and Sebastian
Junior Women's Club (City Clerk Transmittal dated
1/19/94, Rosenkranz Letter dated 1/12/94,
Application)
6
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
INADVANCE OF THIS MEETING.
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r-, FAX (407) 589-5570
SUBJECT: PUBLIC HEARING ON
ORDINANCE O-93.-14 REGARDING
ANIMALS
Approval' for Submittal By:
Agenda Number:
Dept. Origin: Community DevelopmentC
.
Date Submitted: ... 0~./20J94
For Agenda Of: 05/26/9.4 .
Exhibits:
1. Ordinance O-93-14
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 Or.93-14.
RECOMMENDED. A~TION
Move to approve Ordinance O-93-14.
FOR AN EFF~.CTIF~. DAT~..
~ ~ ~ER~S, the City Council of the City of Sebastian has
~ ~~ dete~ined that an amen~ent to the ~imal Control Ordinance of the..
City of Sebastian is neces~a~ to accommodate ~e desire of its
. ~,, .~ citizens ~o keep animal~ not currently pe~itted within the City of
~ ]Ordinances consistent with the Council's d~sires; and
-- c~ER~S, the City Council has dete~ined =hat an amen~ent to
~the ode of Ordinances relating to the keeping of certain animals
is consistent with the public heal~, 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:
~. CHAPTER 18 AMENDED. ''
Chapter 18 of the City of sebastian Code of Ordinances is
hereby amended in its entirety as follows:
"ANIMALS
ARTICL~ I. IN GENERAL
Sec. 18-1. City designated bird and wildlife sanctuary;
unlawful to shoot or trap birds and certain animals;
permit to kill; signs.
The City, including all lands now and hereafter within its
territorial limits, is hereby established as a sanctuary and a
reserve for all birds and fur-bearing animals; and it shall be
unlawful for any person to hunt, kill, shoot or trap or in any
manner kill or destroy such birds and fur-bearing animals within
the City limits unless written permission is expressly granted to
an individual or group by the city manager. The city manager is
hereby authorized to issue a permit for the killing or destroying
of any birds and fur-bearing animals that become obnoxious or
destructive. Appropriate signs of a permanent nature approved by
the city council may be furnished, placed and maintained at the
principal entrances to the City limits.
Secs, 18.2--18.25. Reserved.
Section 18-26. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Fowl means all types of chickens, ducks, turkeys geese,
guineas, or similar birds. '
~ means all animals of the equine, bovine or swine
class, including goats, sheep, mules, horses, hogs, cattle and
other grazing animals.
NondQmestica%e~ animal means any animal other than livestock,
fowl or any dog, cat, bird or similar animal.
Dangerous Dnimal.. or reptile means any wild or feral mammal or
reptile which by its nature or breeding has the capability of
inflicting serious bodily injury to humans.
Section 18-27. Animal Enclosure.
All pens, cages, coops, lofts or enclosures wherein animals,
fowl or birds are kept..shall be securely built and maintained,
adequate'in size for the kind and nUmber of animals, fowl or birds
contained therein and maintained in a sanitary condition; such
enclosures shall be cleaned and maintained so as to not become
offensive to residents or businesses adjacent thereto. The keeping
of enclosures under conditions allowing the breeding of flies is
specifically prohibited.
Section 18-28. Pens, coops, etc. for small animals.
(a) Any person keeping small animals, including but not
limited to rabbits, guinea pigs, rats, mice and gerbi
such animals in a pen, cage or enclosure meeting thels shall keep
requirements
of Section 18-27. When more than two (2) but less than ten (10)
2
least twenty (20) feet from any adjac~ent property ,line. When ten
(10) or more such animals are kept, such pen, cage or enclosure
shall be at least fifty (50) feet distant from any adjacent
property line. These requirements shall not apply to animals kept
totally within a residence.
(b) Small animals kept in or by a duly licensed or
established shelter, veterinary clinic, pet store, zoo, or
educational or institutional research facility are exempt from the
provisions of this section.
Section 18-29. Keeping of fowl.
(a) 'Any person keeping fowl shall keep them in a pen, coop,
or enclosure meeting the reql/irements of Section 18-27 of this
Article. No more than two (2) such fowl may be kept on any single
lot.
(b) Fowl kept in or by a duly licensed or established
shelter, veterinary clinic, pet store, zoo, or educational or
· institutional research facility are exempt from the provisions of
this section.
Section 18.30. Keeping of pigeons prohibited.
It shall be unlawful for any person to keep or harbor pigeons
within the City of Sebastian.
Section 18.31. Keeping of livestock prohibited.
It shall be unlawful for any person to keep, maintain, pen or
feed livestock or nondomesticated animals within the City of
Sebastian.
Section 18.32. Dangerous animals or reptiles.
(a) It shall be unlawful for any person to ~eep, raise,
harbor, use, possess or.have on his premises or under his control
or attempted control any dangeroUs animals within the City of
Sebastiam.
(b) Dangerous animals kept in or by a duly licensed or
established shelter, veterinary clinic, pet store, zoo, or
educational or institutional research facility are exempt from the
provisions of this section.
(c) In addition, it shall be unlawful for any person to keep,
raise, harbor, use, possess or have under his control or attempted
control any animals commonly known as ratites, which include, but
are not limited to ostrich, rhea, emu and cassowary."
m section 2. CONFLICTS. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
m it is the intention of the City
Section
CODIFICATION.
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
m 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
m appropriate designations.
.Sect~.on 4.. SEVERABILITY. In the event a court of
m competent jurisdiction shall hold or determine that any part of
this. ordihance 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
m 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
m unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
m SectioD 5. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
m ......... . The motion was seconded by
member
Councilmember " ' and, upon being put to a
vote, the vote wa'~ as'fol~'O~s:
m Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
m Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland~
m Mayor thereupon declared this ordinance duly-passed and
The
adopted this day o.f ~, 1993.
m " CITY OF BEBABTIAN, FLORIDA
~onnie R.'P0well,'"'May0r
I ~EREB¥ 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 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, ~ity Attorney
5
I
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589°5570
MINUTES
SEBASTIAN CiTY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 12, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
me
Mayor Powell called the regular meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend R. Harold Lee -
First Baptist Church.
4. ROLL CALL
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
City Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Golf Course Pro/Manager, Joseph O'Rourke
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
Regular City Council Meeting
January 12, 1994
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 City Council add to
the agenda the engagement of Hartman and Associates
to perform a Chapter 180 Hearing study relative to
the proposed Sebastian Lakes Utility Agreement.
MOTION by Oberbeck/Damp
I would move to add the information that the City
Attorney wishes to afford us, with regard to the
Chapter 180 Study to engage Hartman and Associates
under the item of city Attorney Matters.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mr. Oberbeck reported the January MPO meeting has
been canceled'.
7. PUBLIC HEARING, FINAL 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: 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.
Regular City Council Meeting
January 12, 1994
Page Three
93.337 A.
ORDINANCE NO. O-93-21 - 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 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. (lst Reading 12/15/93,
Advertised Legal Notices 12/29/93)
Mayor Powell opened the public hearing at 7:05 p.m.,
and the City Attorney read Ordinance No. 0-93-21 by
title only.
Being no input, Mayor Powell closed the public
hearing.
MOTION by Freeland/Oberbeck
i move to adopt Ordinance No. 0-93-21.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Damp - nay)
Regular City Council Meeting
January 12, 1994
Page Four
93.124 B.
ORDINANCE NO. Q-93-13 - Waterway Regulation
(Director of Community Development Transmittal
dated 12/20/94, O-93-13)
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. (lst Reading 12/15/93, Advertised
Legal Notices 12/29/93)
Mayor Powell opened the public hearing at 7:07 p.m.,
and the City Attorney read Ordinance No. O-93-13 by
title only.
The Director of Community Development gave a brief
summary.
Nancy Ballard, 1209 George Street, Sebastian,
presented a petition containing 37 signatures and
Betty Prueter, 281 Caravan Terrace, Sebastian
addressed City Council.
The Director of Community Development responded to
concerns expressed regarding engine size.
Mayor Powell closed the public hearing at 7:14 p.m.
The City Attorney made two minor modifications by
moving quotations to the end of Section D and
changing the year reference to 1994.
MOTION by Damp/Oberbeck
I make a motion that we adopt Ordinance No. 0-93-
13 with the modifications from our attorney.
The City Attorney suggested language to add fuel
internal combustion motors not exceeding three
horsepower to the ordinance.
Mrs. Corum suggested additions to the ordinance.
4
Regular City Council Meeting
January 12, 1994
Page Five
MOTION to Amend Main Motion by Oberbeck/Damp
I would make a motion to amend the main motion to
add no more than three horsepower combustion engines.
The City Attorney restated the language "or by fuel
internal combustion engines not exceeding three
horsepower that has an exhaust system that is
operated in accordance with the specifications of the
manufacturer" and to add earlier on instead of the
word "means" the word "meaning" in A of definitions.
Amendment:
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Main Motion:
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
93.123
ORDINANCE NO. 0-93-18 - Sign Regulations
(Director of Community Development Transmittal
dated 12/20/93, O-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 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.
(lst Reading 12/15/93, Advertised Legal Notices
12/29/93)
Mayor Powell opened the public hearing at 7:27 p.m.
and the City Attorney read ordinance No. O-93-18 by
title only.
The Director of Community Development gave a brief
summary.
5
Regular City Council Meeting
January 12, 1994
Page Six
Mayor Powell closed the public hearing at 7:28 p.m..
MOTION by Oberbeck/Damp
I would move that we approve Ordinance No. 0-93-
18 sign regulations.
The City Attorney advised about minor corrections to
add quotations at the end of paragraph B.i., change
to Land Development Code in the Codification section
and change the year to 1994.
MOTION to Amend Main Motion by Oberbeck/Damp
I would move to add item k to this item under
paragraph 7 exempting vehicular signs from fees or
permits.
Amendment:
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Main motion:
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
93.300
ORDINANCE NO. 0-93-20 - Drive-Through Facilities
(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)
Regular City Council Meeting
January 12, 1994
Page Seven
Mayor Powell opened the public hearing at 7:33 p.m.,
and the City Attorney read ordinance No. 0-93-20 by
title only.
The Director of Community Development gave a brief
summary.
Mayor Powell closed the public hearing at 7:35 p.m..
MOTION by Damp/Freeland
I move to approve Ordinance No. 0-93-20.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
8. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 12/15/93 Regular Meeting,
1/5/94 Workshop
94.009
RESOLUTION NO. R-~4-01 - 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.
Regular City Council Meeting
January 12, 1994
Page Eight
94.007 C.
94.005
94.003
RESOLUTION NO. R-94-02 - 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.
RESOLUTION NO. R-94-03 - Interlocal Agreement
Establishing "Council of Public officials" (City
Clerk Transmittal dated 1/6/94, 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.
RESOLUTION NO. R-94-05 - Establishing Equity
Study Commission Re: Occupational Licensing (City
Clerk Transmittal dated 1/6/94, R-94-DS)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING AN OCCUPATIONAL LICENSE
EQUITY STUDY COMMISSION (THE "COMMITTEE"): PROVIDING
THE PURPOSE AND FUNCTION OF THE COMMITTEE;
ESTABLISHING MEMBERSHIP CRITERIA; PROVIDING. FOR
TERMINATION OF THE COMMITTEE; ACKNOWLEDGING ADVISORY
STATUS OF THE COMMITTEE; PROVIDING FOR APPOINTMENT OF
A COMMITTEE SECRETARY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Regular City Council Meeting
January 12, 1994
Page Nine
94.010 F.
RESOLUTION NO. R-94-06 - 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.
94.011
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)
94.012
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)
94.013
Receive Code Enforcement Orders - Gehrig (93-
8894), Dernbach (93-8593)
94.014
Jt
Bill Doyle - Specimen Tree Removal Request - Two
Oaks - Lot 9, Block 302, Sebastian Highlands Unit
10 (Director of Community Development Transmittal
dated 12/16/93, Application, Survey)
The City Attorney read the consent agenda in its
entirety, including titles for Resolution Nos. R-94-
01, R-94-02, R-94-03, R-94-05, and R-94-06.
Mr. Freeland removed 'item G, Mr. Oberbeck removed
item G, andMrs. Corum removed items E and F.
MOTION by Freeland/Oberbeck
I move that we approve items A, B, C, D, H, I,
and J.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum ~ aye
MOTION CARRIED 5-0
Regular City Council Meeting
January 12, 1994
Page Ten
94.003
Item E - RESO~ NO. R-94-05 - Establishinq Equity
Study Commission Re: Occupational Lice~si. nq
Mrs. Corum noted the need for corrections of
numbers in the titles for this and the next
resolution.
The city Attorney recommended that Section 3 be
changed to reflect that the meeting be called by the
Chair O_~R Vice Chair.
MOTION by Corum/Oberbeck
I move the approval of item E with the
corrections.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
94.010
Item F - RESOLUTION NO. R-94-06 - Revised City
Manaqer Job Descripti.QD
MOTION by Corum/Oberbeck
I move the approval of item F.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
94.011..
Item G - A~horization fo~ Special counsel on ~
Matters - Attorney Thomas Cloud
Mr. Freeland and Mr. Oberbeck expressed concern for
bills submitted by Mr. Cloud.
The Finance Director responded to questions posed.
TAPE I - SIDE II (7:47 p.m.)
Mr. Oberbeck suggested the figure be reduced to
$10,000 at this time.
10
Regular City Council Meeting
January 12, 1994
Page Eleven
94. 023
10.
The City Attorney and Utilities Director updated City
Council on Cloud's past and current projects relative
to utilities.
MOTION by Oberbeck/Damp
I would move to appoint Tom Cloud as special
counsel for utility matters, an expenditure not to
exceed $20,000.00 for fiscal year 1994.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
Mayor Powell - aye
MOTION CARRIED 4-1 (Freeland - nay)
9. PRESENTATIONS
None.
CITY ATTORNEY MATTERS
The City Attorney requested authorization for Hartman
and Associates, Inc. to prepare a 180 Briefing
Document, relative to the Sebastian Lakes Utility
Agreement, for which Sebastian Lakes representatives
have offered to pay. He said the hearing will be
conducted at the January 26, 1994 regular meeting.
The Utilities Director responded to concerns
expressed regarding the City taking over the system.
MOTION by Corum/Damp
I make a motion to hire Hartman and Associates to
start the Chapter 180 proceedings for a public
hearing not'to exceed $3,500.000 for January 26,
1994.
ROLL CALL:
Mrs. corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
11
Regular City Council Meeting
January 12, 1994
Page Twelve
11. CITY MANAGER MATTERS
The City Clerk/Acting City Manager read a letter from
the Visiting Nurse Association dated January 6, 1994,
and requested placement of the Mobile Health Care
Unit in the east parking lot of the City Hall complex
on Tuesday mornings; and reported that she directed
that the bridge over the ditch at the Golf Course be
removed due its unsafe condition and that the City
Engineer is working on replacing it.
Mayor Powell noted that Herbert Sturm had signed to
speak on a consent agenda item and requested that he
be allowed to speak at this time.
Herbert Sturm, 549 Saunders Street, Sebastian, spoke
on Code Enforcement orders.
Mayor Powell called recess at 8:17 p.m. and
reconvened the meeting at 8:33 p.m. Ail members were
present.
12. COMMITTEE REPORTS~ECOMMENDATIONS
None.
13. OLD BUSINESS
None.
14. NEW BUSINESS
93.260
ORDINANCE NO. 0-93-22 - Special Use Permit
Procedures (Director of Community Development
Transmittal dated 12/20/93, 0-93-22)
1st Reading, Set Public Hearing 2/9/94
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.
The City Attorney read Ordinance No. 0-93-22 by title
only.
12
Regular City Council Meeting
January 12, 1994
Page Thirteen
93.186
The City Attorney made minor corrections to renumber
sections.
MOTION by Corum/Oberbeck
I make a motion to accept the first reading of
Ordinance No. 0-93-22 and set the public hearing for
2/9/94 with corrections stated by the Attorney.
Following a brief discussion, it was the consensus of
City Council to reorder the sections to reflect
Planning and Zoning review first.
The City Attorney advised that, despite the Planning
and Zoning hearing, City Council must base its
decision solely on evidence and testimony presented.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
ORDINANCE NO. 0-93-16 - Code Enforcement Board
(Director of Community Development Transmittal
dated 1/6/94, O-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
EFFECTIVE DATE.
The City Attorney read Ordinance No. O-93-16 by title
only.
Herbert Sturm, 549 Saunders Street, Sebastian,
addressed City Council.
TAPE II - SIDE I (8:51 p.m.)
13
Regular City Council Meeting
January 12, 1994
Page Fourteen
94.015
MOTION by Freeland/Corum
I'd move to approve the first reading of
Ordinance No. O-93-16 and set a public hearing for
February 9, 1994.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell ~ aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Independent Internal CQntrol Study ~ ~olf Course
Operations ~ Hovman. Dobson & Co. - Not t9 Exceed
~ (Finance Director Transmittal dated
1/6/94. Finance Director Memo dated 1/6/94,
The Finance Director briefly reiterated her request
for engagement of Hoyman, Dobson to conduct an
internal control study of Golf Course operations
during the course of their conducting the city audit.
The Golf Course Manager briefly addressed Council.
The Finance Director advised that there is a special
audit line item in the Finance Department budget.
MOTION by Oberbeck/Freeland
I would move that we deny the request for a
$5,000.00 expenditure for a study at the Golf Course.
There were City Council objections to use of ad
valorem taxes being used for the study and whether
there was need for an internal audit, and-suggestions
that a procedures manual be established.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
14
Regular city Council Meeting
January 12, 1994
Page Fifteen
94.016 D.
94.017
Authorize SCT pn-Site Utility Train_~D_q - No___%t to
Exceed $3,~00.00 .(Finance Director ~ransmittal
Dated ~ SCT Letter dated 12/14/9.5.)
MOTION by Oberbeck/Damp
I would move that we authorize the request and
the engagement of SCT to provide on-site utility
system training at a cost not to exceed $3,.500.00
including reimbursable expenses.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Terminate ~embership and Participation i_Rn ~RICO
Self-Insurance Proqram - Workers Compensation
Dnd General Liability (Finance Director
Transmittal dated 1/6/94. ~inance Director Memo
~ ~ TRICO Letter dated 12~
McClary Letter dated 7/1/93. Financ_~e Director
~emo dated ~ TRICO Aqenda &ProD. osed
Rates Finance Director Memo dated 8/13/93, TRICO
Insurance Coveraqe Summary, 9--3 TRICO Financial
Statemen~, Excerpts from TRICO By-Laws and
9_~_~92 Audit)
The Finance Director reiterated her recommendation to
terminate its membership with TRICO for workers
compensation and general liability and reactivate its
membership with Florida League of cities.
MOTION by Freeland/Oberbeck
I'd move to accept the 30 day notice of
termination of membership in TRICO.
A lengthy discussion took place on Florida League of
Cities services.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Damp - nay)
15
Regular City Council Meeting
January 12, 1994
Page Sixteen
94.018 F.
Renew Membership and Participation in ~
League of Cities - Self-I~.s.urance Pro~ram -
Workers Compensation ~ Genera~ Liability
(Finance Director Transmittal dated 1/6/94.
FL___~C ~etter dated 1/7/94, FLC Proposal to be
Distributed 1/10/94)
MOTION by Freeland/Oberbeck
I'd move to renew membership and participation in
the Florida League of Cities Self-Insurance Program.
City Council discussion followed.
Curt Hamen, Florida League of Cities, responded to
City Council inquiries.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 4-1 (Damp - nay)
94.019
G$
Water and Wastewa~r Master ~ for city of
~¢bastian - EnGaGe Hartman and Assoqiates, Inc. -
$59,247.74 (Utilities Director ~ransmitta~ dated
12/30/94, ProDo~al)
The Utilities Director gave a brief explanation of
Master Plan preparation and recommended engaging
Hartman and Associates, Inc. He stated that the plan
would be presented in final form on May 25, 1994
The City Attorney recommended minor amendments as
follows:
Section 5 -'5.1.2 - add "Subject to the limitation
contained in Chapter 112, Florida Statutes.".
5.4 - strike "the amounts due ENGINEER
will be increased at the rate of 1% per month from
said thirtieth day, and in addition".
Section 7 - 7.1 - strike "and OWNER shall indemnify
and hold harmless ENGINEER and ENGINEER'S independent
professional associates and consultants from all
claims, damages, losses and expenses including
attorney's fees arising out of or resulting
therefrom.".
16
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Regular City Council Meeting
January 12, 1994
Page Seventeen
MOTION by Oberbeck/Damp
I would move to authorize Hartman & Associates,
Inc. to prepare Master Plans for the water and
wastewater systems in the amount of $59,247.74.
Mrs. Corum said, for the record, that she adamantly
opposes using Hartman and Associates.
In response to Mr. Oberbeck, the City Attorney
suggested striking 4.4. city Council concurred.
TAPE II - SIDE II (9:37 p.m.)
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
MOTION CARRIED 4-1 (Corum - nay)
94. 020
Elimination o__f Assistant Golf Pro Position -
Replace with Fourth Part-Time Desk Clerk (This
Does ~ot Delete the Job Description) (Golf
.~urse ManaGer Transmittal dated 1/5194. R-93-22
and Description)
The Golf Course Manager said there are currently four
part-time desk clerks and requested elimination of
the Assistant Pro position at this time.
MOTION by Oberbeck/Freeland
I would move that we eliminate the position of
Assistant Golf Pro at the Golf Course and'reinstate
the position of desk clerk so we can continue with a
total of four part-time desk clerks.
Discussion took place relative to deletion of the job
description resolution.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
17
Regular City Council Meeting
January 12, 1994
Page Eighteen
94.021 I.
94.022
Trinity Lutheran Church Reauest to Aban.don Ri hq~
of-Wav .(Director of Community Development
Transmittal dated 12/29/93, Biqoness Letter dated
12/4/9..$ w/ Site ~lan, ~ Enqineer Memo dated
Mr. Oberbeck was excused from'~9:44 p.m. to 9:45 p.m.
The Director of Community Development gave a brief
report, advised that he will request the church to
provide funding for the abandonment, and, if Council
approves, will proceed with abandonment procedures.
MOTION by Freeland/Damp
I move to review the request for Trinity Lutheran
Church.
This motion in effect directed staff to proceed.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Kniqhts of Columbus - Request Use of ~.iverview
Park North ~ ~ ~ February 3, 4__~ ~ and 6,
1994 (Director Qf Community Development
Transmittal dated 1/5/94, Dernbach Letter dated
1/4/94~
MOTION by Oberbeck/corum
I would move that we approve the request of the
Knights of Columbus for use of the Riverview Park
North properties for a carnival February 3, 4, 5, and
6, 1994 with the conditions and recommended actions
as attached.
Mrs. Corum inquired what can be done to protect the
city against fuel spills.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Regular City Council Meeting
January 12, 1994
Page Nineteen
MAYOR AND CITY COUNCIL MATTERS
A. Mrs. CarolYn Corum
Mrs. Corum questioned the Director of Community
Development office distributing a private newspaper,
requested it be stopped, and the City Attorney said
the City Manager and City Council can establish a
policy regarding the distribution of newspapers by
employees as part of their jobs.
B. Mrs. Norma Damp
Mrs. Damp requested a definition for "white
paper"; commented on the large number of building
permits issued this year and resulting revenues; and
inquired about the Winninger letter.
C. Mr. Robert Freeland
Mr. Freeland said he had brought the newspaper to the
Community Development Department for distribution.
D. Mayor ~onnie R. powell
Mayor Powell requested an update on basketball
courts, to which the City Engineer responded that the
court at Barber Street maybe completed by next week;
recommended safety walk-throughs be conducted on a
regular basis; said he had petitions to stop early
release of prisoners; spoke on the scrub jay issue;
and said he would not be in attendance at the January
13, 1994 Special Meeting.
E. Vice-Mayor Frank Oberbec~
Mr. oberbeck commented that if the city had not taken
over the GDU system, the utility rate increase would
have been much higher; discussed a meeting he had
with residents of Park Place regarding utilities;
received a report from the Utilities Director that
the old Park Place system is being used at the county
landfill; inquired about application for a line
extension for Park Place; and inquired about
ownership of Stratton Avenue, to which the City
Engineer and City Attorney responded.
19
Regular City Council Meeting
January 12, 1994
Page Twenty
16.
17.
The City Clerk/Acting City Manager complimented the
City Engineer and Public Works Department on the
handicap ramp construction.
INTRODUCTION OF yEW BUSINESS ~ 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,
addressed City Council on Code Enforcement matters.
Being no further business, Mayor Powell adjourned the
regular meeting at 10:30 p.m.
Approved at the
Meeting.
, 1994, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
20
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
THURSDAY, JANUARY 13, 1994 - 7:00 EM.
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.
,pURPOSE:
Continuance of Public Hearing from December 8,
1993 - Henry Fischer Request for Speclal Use
Permit - Mulching/Burning Facility - Extension
of Two to Three Years
Vice Mayor Oberbeck called the Special Meeting to
order at 7:00 p.m. and explained its purpose.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Present:
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Absent:
Also Present:
Mayor Lonnie Powell (excused)
city Clerk/Acting City Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Regular City Council Meeting
January 12, 1994
Page Two
93.356/
93.246/
92.179
4. CONTINUANCE OF PUBLIC HEARING
Henry Fischer - Re u__~t for Amendment of S~eQial
Use Permit for ~ulchinq~Burning Facility -
Extension Two t__o Thre~ ~ars (Director of
Community Development Transmittal ~ 11130/93.
Application, Cooper Letter dated 11/3/93, Kebbel
Letter dated 11/6/93, Fischer Letter dated
11/8/93, Cooper Letter dated 11/30J93}
Vice Mayor Oberbeck opened the public hearing at 7:04
p.m.
Attorney Warren Dill, representing Henry Fischer,
requested that the hearing be extended to a time when
a full City Council can be seated to hear the request.
MOTION by Damp/Corum
I do make a motion that we extend the
continuance for the meeting of the mulching
situation at a later date to be set by our City
Clerk.
Discussion took place on the reschedule date. It was
the consensus of City Council to permit the City
Clerk to contact all parties and reschedule.
The City Attorney inquired whether the applicant
would absorb the cost of readvertising and Mr. Dill
said he woUld.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - absent
MOTION CARRIED 4-0 (Powell - absent)
Being no further business, Vice Mayor Oberbeck
adjourned the Special Meeting at 7:12 p.m.
Approved at the
, 1994, City Council
Meeting.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
Lonnie R. Powell, Mayor
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Purchase Flail Axe
Assembly
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
ENG/P~
01-12-94
For Agenda of
01-26-94
Exhibits: Memo from shop
foreman dated 12-16-93
EXPENDITURE
REQUIRED: $2800.
AMOUNT
BUDGETED: $20,000
001-541-465
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The garage shop foreman has brought to my attention that a local
vendor, which the City has purchased equipment before in the
past, is willing to sell an Flail Axe Head Assembly at a
discounted price. The discount is because the dealer had ordered
the cutter head inadvertently and he was unable to return it to
the manufacturer. This is a new cutter head assembly. The shop
foreman has indicated that a new cutter head will be required on
unit 17 possibly within this year. Purchasing this piece at this
time will' result in a savings of more than half the original
price for a new cutter head.
RECOMMENDED ACTION
Move to approve the purchase of the cutter head assembly for
$2800 from Berggren Equipment Company in Ft. Pierce.
MEMORANDUM
DATE:December 16, 1993
TO: DAN ECKIS, PUBLIC WORKS DIRECTOR
FROM: TONY CLOPEIN, CENTRAL GARAGE
RE: PURCHASE OF FLAIL AXE ASSEMBLY
THE ATTACHED PURCHASE ORDER IS FOR THE PUBLIC
WORKS UNIT 17, A JOHN DEERE 2550 TRACTOR. THIS iS A
MAJOR PURCHASE OF THE FLAIL AXE HEAD ASSEMBLYWHICH
COMES COMPLETE WITH BLADES AND MOTOR, READY TO
INSTALL.
AFTER DISCUSSING THIS ITEM WITH JERRY THOMAS, HE
AGREED THAT IT WOULD BE TO THE CITY'S BEST ADVANTAGE
TO MAKE THIS PURCHASE AT THIS TIME AS BERGGR~
EQUIPMENT COMPANY HAS DISCOUNTED APPROXIMATELY
$3,000.00 OFF OF THE ORIGINAL PRICE TO $2800.00.
THE C UTTERHEADASSEMBLY.ONUNIT 17 IS WEARING
RAPIDLY'AND IT WILL NOT BE LONG BEFORE ~WE HAVE TO
REPLACE IT. WE HAVE ALREADY PUT NEW BEARINGS ON THIS
EQUIPMENT SEVERAL TIMES AND THAT GETS VERY EXPENSIVE
AT THE COST OF $80.00 PER BEARING. ALSO, THE BLADE
SHAFT IS WORN TO THE POINT THAT WE WILL SOON HAVE TO
REPLACE IT AT A COST OF APPROXIMATELY $1800.00 WITH
THE SHAFT BEARING COSTING $190.00.
YOUR ASSISTANCE IN GETTING THiS PURCHASE ORDER TO
COUNCIL FOR APPROVAL WILL BE GREATLY APPRECIATED.
I
City of Sebastian
I 1225 MAIN STREET r~
SEBASTIAN,
FLORIDA
32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA. FORM
SUBJECT:
Resolution No. R-94-08
Interlocal Agreement - Council
of Public Officials
APPROVED FOR SUBMITTAL BY:
nager: .~/C'i
) Agenda No.
)
) Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
* R-94-08
Cit.y Clerk
1/17./94
* Revised Agreement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
S~ARy ~MENT
The City Council, at its January 12, 1993 regular meeting,
adopted Resolution No. R-94-03 approving an interlocal agreement
establishing a "Council of Public Officials" among Indian River
County, its municipalities and School Board.
We received seven original interlocal agreements for
signature from Terrence O'Brien, Assistant County Att6rney,
today. The agreement has been slightly revised since City
Council'adopted it on January 12,'1994. The City Attorney
advised that the revised agreement must be readopted by a new
resolution.
Resolution No. R-94-08 is presented for approval of the revised
interlocal agreement establishing a "Council of Public
Officials". Additions to the Interlocal Agreement are
underlined.
RECOMMENDED ACTIO~N
Move to adopt Resolution No. R-94-08.
RESOLUTION NO. R-94-08
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, INCLUDING
RESOLUTION NO. R-94-03; PROVIDING FOR SEVERABILITY~ 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:
SectioR 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 ~. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed, including
Resolution No. R-94-03.
Section 3. 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 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember . The motion was
seconded by Councilmember and, upon
being put into a vote, the vote was as follows:
Mayor 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 M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
INTERLOCAL AGREEMENT
amonE
INDIAN RIVER COUNTY, FLORIDA
and the
CITY OF VERO BEACH, THE CITY OF SEBASTIAN,
THE CITY OF FELLSMERE, THE TOWN OF INDIAN
RIVER SHORES, THE TOWN OF ORCHID, AND THE
SCHOOL BOARD OF INDIAN RIVER COUNTY.
THIS AGREEMENT, made and entered in~o this day of
, 1994 by and among INDIAN RIVER COUNTY, Florida, a
poetical subdivision of ~he Slate of Florida, the address of 'which is
1840 25~h S~reet, Veto Beach, Florida 32960, the CITY OF VERO
BEACH, Florida, a municipality incorporated under the laws of Florida,
the address of which is 1053 20th Place, Veto Beach, Florida 39.960, the
CITY OF SEBASTIAN, Florida, a municipality incorporated under ~he
laws of Florida, ~he address of which is 1225 Main Street, Sebastian,
Florida S2958, ~he 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
which is 600~ N. A-I-A, Veto Beach, Florida 32963, the TOWN OF
ORCHID, a a municipality incorporated under the laws of~.F]orida, ~he
address of which is ~0 Orchid Island Drive, Veto Beach, Florida S29~S,
and the SCHOOL BOARD OF INDIAN RIVER COUNTY, a school district
of Florida, the address of which is 1990 25th Street, Veto Beach,
Florida ~2960, (hereafter the "PARTIES"),
WITNESSETH
WHEREAS, the Florida In~erlocal Cooperation Ac~ of 1969, Section
~83.02, Florida Statutes, permits local Eovernment un, ts ~o enter into an
agreement with each other for the establishmen~ o£ a council o£ local
public officials; and
WHEREAS, it appears that a council o£ local public officials in
indian River County, modeled after Section 363.02, P.S., would serve
the public interest; and
WHEREAS, the parties to this agreement are Eovernmental 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 Eovernmental efficiency includinE 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 followinE stipulations, provisions, and concLitions:
1. Creation and Name.
There is hereby created .a council to be known as "Council of
Public Officials".
2. ~ ,'..Representation.
Each party will be represented by an elected public official
desiEnated by that party's local Eoverning body.
3. Chairmanship :,
The chairman and vice chairman shall be elected at the in/rial
meeting of the council and thereafter annually in the month of January
or at the next meeting if 'no meet/nE is held in January.
4. Meeting. s.
Meetings shall be held as needed but no less than once every
year. The meetinE shall be held in accordance w~th the Florida Public
Records Law (Cha]~ter 119, ...F:.S.) and the Government in the Sunshine
Law (Chapter 286, P.S.) and shall be in the County Administration
BuildinE, 3840 25th Street, Veto Beach, Florida unless on proper notice
meeldn~s may be held from time to time at other locations.
5. Advisory~ in Nature.
The council is advisory in nature and it is the duty of each
representative to inform that representatives gover,~g 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
Eovern the meetinEs.
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
amonE ~ts members;
(c) Make recommendations for review and action to the
members and other public agencies that perform local
functions and services w~tkin the area; and
(d) Welcome input from elected officials of local Eovernment
units located in whole or in part in Indian River County
including county officers, elected officials of districts, and
interested c~tizens and citizen g~oups.
Termination.
The parties reserve the right to terminate t~eir participation in
this a~eement at any time by providing written notice to the other
parties.
IN WITNESS WHEREOF, the parties have entered into this
agreement on the date first written above.
Attest:
INDIAN RIVER COUNTY, FLORIDA
Clerk of Court
Attest:
City ~Clerk
Attest:
B~
John W. Tippin, Chairman
CITY OF VERO BEACH, FLORIDA
Jay Smith, Mayor
CITY OF SEBASTIAN, FLORIDA
City Clerk
Attest:
By
Lonnie PoweLl, Mayor
CITY OF FELLSMERE
City '...Clerk
Attest:
· Renee' Herrera, Mayor
TOWN OF INDIAN RIVER SHORES
Town Clerk
Attest:
By
Robert J. Schoen, Mayor
TOWN OF ORCHID
Town Clerk
By.
Theodore J. Leonsis, Mayor
A~es~:
Clerk To the Board
SCHOOL BOARD OF INDIAN RIVER
COUNTY
By.
William L. Marine, Chairman
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resoluti®n No. R-94-09
Deleting the Assistant Golf
Professional Job Description
A~c~ROVED FOR SUBMITTAL BY:
City Manager: :~ , (~ ~/..
) Agenda No.
)
) Dept. Origin City Clerk
)
) Date Submitted 1/18/94
)
) For Agenda Of
)
) Exhibits:
* R-94-09
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Council, at its January 12, 1993 regular meeting,
concurred with staff recommendation to eliminate the position of
Assistant Golf Professional.
RECOMMENDED ACTION
Move to adopt Resolution No. R-94-09.
RESOLUTION NO. R-94-09
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DELETING THE JOB DESCRIPTION FOR THE
ASSISTANT GOLF PROFESSIONAL; DIRECTING THE CITY CLERK
TO DELETE THE JOB DESCRIPTION FOR ASSISTANT GOLF
PROFESSIONAL FROM THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF
RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING RESOLUTION
NO. R-93-22; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council, approved a job description for
Assistant Golf Professional by adoption of Resolution No. R-93-
22, on April 28, 1993.
WHEREAS, the City council, at its January 12, 1994 regular
meeting, concurred with staff recommendation to eliminate the
position of Assistant Golf Professional.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, that=
SECTION 1_~. DELETION. The job description for the
classification of Assistant Golf Professional is hereby deleted.
SECTION 2. CITY CLERK. The City Clerk is hereby directed
to remove the job description for the Assistant Golf Professional
from the City of Sebastian Standard Operating Procedures.
SECTION. 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed, including
Resolution No. R-93-22.
SECTION ~. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for
Councilmember
seconded by Councilmember
being put into a vote, the vote was as follows:
adoption by
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 , 1994.
CITY OF SEBASTIAN
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved'as to Form and Content:
Charles ian Nash, City Attorney
2
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA FORM
SUB~ECT~
Appointment of Equity Study
Commission Members
APPROVED FOR SUBMITTAL BY:
city Manager: ~C~
) Agenda No. f ~' ~05
)
) Dept. Origin City Clerk
)
) Date Submitted 1/17/94
)
) For Agenda Of 1/26/94
)
) Exhibits:
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT,
The city Council, at its January 12, 1993 regular meeting,
adopted Resolution No. R-94-05 establishing an occupational
license tax Equity Study Commission.
The following is an excerpt from Resolution No. R-94-05:
"~3. WE~BERSHIP. The Committee shall be comprised of
five members appointed by the City Council. The Committee shall
elect a Chair and a Vice-Chair from among its members. Members
shall be owners, officers, managers, or~ambers of the board of
directors of a bu${-ess 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. Ail Committee
meetings shall be held in compliance with Section 286.011, F.S.
Each Committee meeting shall be called by the Chair and Vice-
Chair."
RECOMMENDE~D ACTION
I am requesting that each city Council person submit, at this
time, the name of a member of the business community to form a
diverse committee of five.
City of Sebastian
1225 MAIN STREET r, SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Appointment of Council of Public
Officials Member
APPROVED FOR SUBMITTAL BY:
) Agenda No. ~. 0~D
)
) Dept. Origin ~ Clerk
)
) Date Submitted ~
)
) For Agenda Of ~
)
) Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
S~ARY STATEMENT
A member of City Council must be appointed to the Council of
Public Officials, in accordance with adoption of Resolution No.
R-94-05 approving an Interlocal Agreement with Indian River
County, its municipalities and School Board.
RECOMME. NDED ~
Appoint a member of City Council to the Council of Public
Officials and notify Indian River County.
Telephone: (407) 567-8000
BOA RD OF CO UNTY CO.MAIISSIONERS
1840 25th Street, l"ero Beach, Florida 32960
MEMORANDUM
TO:
Council of Public Officials
FROM:
Reta Smith
Board of County Commission Office
DATE:
January 17, 1994
RE:
Meeting Dates for 1994
The following are the tentative meeting dates at 9:00 a.m. in the
first floor conference room for the Council of Public Officials.
Please mark your calendars accordingly.
February 16, 1994
March 16, 1994
April 20, 1994
May 18, 1994
June 15, 1994
July 20, 1994
August 17, 1994
September 21, 1994
October 19, 1994
November 16, 1994
December 21, 1994
Thank you.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: CO_..'< STRUCT I o~-
~. ;~ BOARD
RES]~_~,A~ O,, O!" BOARD MEMBER
Approved For S.ubmitta. l By:
Agenda Number:
Dept. Origin: Community Devel. opment
Date Submitted: 1/18/94 (B~
For Agenda Of:
1126/94
Exhibits:
Letter of resignation from
James D. Haney. HARV Contractor
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the Construction Board meeting held January 11, 1994, a motion was made
by Mr. Neuberger, seconded by Mr. Jerry Smith to accept the resignation
of James D. Haney, HARV Contractor from the Construction Board.
RECOMMENDED ACTION
Move to accept the resignation of James D. Haney, HARV Con~ractor from
the Sebastian Construction Board.
!
JAMES D ItANEY ·
442 SARAGASSA AVE S.W.
PALM BAY, FL. 32908
17 DECEMBER 19~3 ,,~a --"."" '-,
SEBAST~N CITY COUNC~
122 ~ ST~ET
SEBAST~, FL. 32958 ~.
1
1
I ~ ~ ~ HONOR OF BErG ~PO~D TO ~ SER~G ON
~ CONS~UC~ON BO~ S~CE 1990 ~ I ~ LE~D ~OM
E~E~CE . AS A VOL~ER I ~L ~ ~ SP~ ~ BE~
1
~W~G ~ E~IG~G ~ ~S E~~ED ~ ~O~GE
OF ~ CONS~UC~ON ~US~Y.
~ ~G~T I ~SH TO ~SIGN ~S ~PO~~ SO ~O~R ~Y
S~ ~ E~E~CE ~ ~W~ AS A ~~. I ~ ~LT ~T
~O~ C~G VOL~RS S~AS~ WO~ BECO~ ~O~
P~ BAY ~~ ~ CONS~UC~ON ~E ~US~Y ~S BECO~
A O~ET FOR DISHO~STY ~ LOW QU~iTY B~D~G. YOU AS
~ERS OF ~ CITY CO~C~ ~ED TO S~PORT ~ VOL~~ OF i
~L ~ BO~S TO CO~ TO PRO,CT ~ CI~S OF
SEB~T~.
J~S D ~Y
SEBAST~ ~A~G ~ ~ I
City Sebastian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: RECOMMENDATION FROM THE /'~tl^~
CODE ENFORCEMENT BOARD REGARDING ) Agenda Number.
THE RESIGNATION OF WAYNE TOZZOLO ) '
. ) Dept. Origin: ~ommunity Develgpment...~
Approval for Submittal By: ) Date Submitted: 1/!9/94... .~.~~
) -
City Manager c~.~'H ) For Agenda Of: 1/26/..94
)
) Exhibits:
) 1. Letter of rsignation from
) Wayne Tozzolo
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At their meeting held 1/19/94, the Sebastian Code Enforcement Board made and
passed unanimously the following motion:
MOTION BY GEORGE METCALF, SECONDED BY DONATO DEROBERTIS TO ACCEPT
THE RESIGNATION OF WAYNE TOZZOLO FROM THE'CODE ENFORCEMENT
BOARD WITH REGRET AND FULL APPRECIATE OF HIS EFFORTS.
RECOMMENDED ACTION
To accept the resignation of Wayne Tozzolo to be effective immediately.
Wayne R. Tozzolo
1085 Gardenia St.
Sebastian, Fl. 32958
January 12, 1994
Sebastian Code Enforcement Board
P.O. Box 780127
Sebastian, Fl. 32978
Dear Board Members:
This letter is to inform you of my resignation from the Board. Due to my work
schedule I have requested to be appointed to the Construction Board; which, as you
know, has their meetings in the evening. My request was accepted at the last City
Council meeting.
It has been a great experience and pleasure working with each of you. I feel that we
do make a difference and I hope that the City Council and the townspeople realize
the importance of the Code Enforcement Board's existence. I think it. is far superior
to a Summons System due to the personalization of each member to each case.
Good luck to all of you.
Sincerely,
Wayne R. Tozzolo
P.S. i hope the Construction Board pays better!
WRT/vtt
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUBJECT:
March 8,'1994 General Election
* Proclamation
APPROVED FOR SUBMITTAL BY:
City Manager: "~'~
) Agenda No. ~.UZV
)
) Dept. Origin ~ Clerk
)
) Date Submitted 1/18/94
)
)
)
)
For Agenda Of !/26/94
Exhibits:
* Proclamation
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED.:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
In accordance with Section 4.05 of the Charter of the City of
Sebastian, "al/ elections shall be called by proclamation of the
mayor issued not less than thirty (30) days before such
election ,'
RECQ,MMENDED A__CTION
Mayor to read Election Proclamation calling the March 8, 1994
general election.
\ws-min\election
I
rROCLAMATiON I
WHERE&S, Section 4.05 of the Charter o~ %he City of
Sebastian, Indian RAVer CoUnty, Florida requires that all
elections sh&ll be ~alled by ~' proclamation of the Mayor;
WHEREAS, the .~urraht terms of MayOr ahd one City
Council member are eOhedui~d to expire in Mardh 1994; and
WHEREA8, the City Co,boil, following a public
hearing at its January 12;: 1994 Regular Meeting, adopted
Ordinance No. O-93-21, which place~ a certain referendum
question on the MarCh 8, ~994 ballot.
NON, TNEREPOR~, I, LO~ie R. Powell, by'igi~tue o~ the
authority vested'in me es ~ayor of the City'of Sebastian,
Florida, do hereby proclaim that a general e~ection of the
City of sebastian for the two City Council offices and a
certain referendum question will be held in the city of
Sebastian on the 8th day of March, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Sebastian th~S 26th day of
January~ 1994. ..
ATTEST:
Lonnie R. Powell, Mayor
Kathryn M. O'Hall6ran, CMC/AAE
City Clerk
City of Sebastian
I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA FORM
SUBJECT:
March 8,.1994 General Election
* Resolution No. R-94-04
APPROVED FOR SUBMITTAL BY:
City Manager: --~.,~
) Agenda No. ~q. OZ 7
)
) Dept. Origin City Clerk
)
) Date Submitted 1/1,8/94
)
) For Agenda Of 1~/26/9..4
)
) Exhibits:
* R-94-04
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED.:
REQUIRED:
SUMMARY STATEMENT
In accordance with Section 4.07 of the Charter of the City of
Sebastian, "The City Council shall adopt a resolution, upon the
calling of an election, stating therein where the election
shall be held, and naming the different offices to be filled,
or questions to be decided,..,,.
RECOMMENDED
Move to adopt Resolution No. R-94-04.
\ws-min\election.res
RESOLUTION NO. R-94-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES
FOR A GENERAL ELECTION TO BE HELD ON MARCH 8, 1994, FOR
THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS
FOR TERMS OF TWO (2) YEARS AND PLACING A CERTAIN
REFERENDUM QUESTION ON THE BALLOT; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 4.07 of the Charter of the City of
Sebastian, Florida, requires the City Council of the City of
Sebastian to adopt a Resolution upon the calling of an election
designating polling places, offices to be filled and questions to
be decided; and
WHEREAS, amended Section 2.03 of the Charter of the City of
Sebastian, Florida, calls for the election of two (2) council
members on the second Tuesday in March of each even-numbered year
and of three (3) council members in each odd-numbered year; and
WHEREAS, the City Council, at its January 12, 1994 Regular
Meeting, adopted Ordinance No. O-93-21, which places a referendum
question on the March 8, 1994 ballot; and
WHEREAS, the Mayor of the City of Sebastian has called, by
procl-ama~ion, a General Election to be held within the City of
Sebastian, Indian River County, Florida on Tuesday, March 8,
1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows:
Section 1. POLLING PLACES. That the four polling places
for the City of Sebastian are as follows:
A. 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 #2714
731 South Fleming Street
Section 2. ELECTION OF OFFICERS. The terms of the Mayor
and one (1) Council member will expire in March 1994, therefore,
in accordance with Section 2.03 of the Charter of the City of
Sebastian, Florida, a general election will be held to elect two
(2) Council members for terms of two (2) years.
Section S. REFERENDUM QUESTIONS. Ordinance No. O-93-21,
adopted on January 12, 1994, places a Certain referendum question
on the March 8, 1994 ballot.
Section 4.
in conflict herewith are hereby repealed.
.
SeCtion 5. EFFECTIVE DATE. This
effective immediately upon its adoption.
The foregoing Resolution
councilmember
Councilmember
the vote was as follows:
REPEAL. Ail Resolutions or parts of Resolutions
Resolution shall take
was moved for adoption by
The motion was seconded by
and, upon being put to a vote,
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, .FLORIDA
By: Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA FORM
SUBJECT:
March 8,' 1994 General Election
* Formal Request for
Supervisor of Elections
to Conduct Election
APPROVED FOR SUBMITTAL BY:
City Manager:
) Agenda No.
)
) Dept. Origin
Date Submitted
C_~ Clerk
For Agenda Of 1 2~
Exhibits:
* SOE Memo dated 1/17/94
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
In accordance with Section 4.07 of the Charter of the City of
Sebastian, "The City Council, in conjunction with the city
clerk, shall make all necessary arrangements for holding all
city elections and shall declare the results thereof.,,.
Ann Robinson, Supervisor of Elections for Indian River County,
historically has been the coordinator for all elections within
Indian River County. As in the past, Mrs. Robinson has requested
a formal request for her office to administer the election.
In past years, I have requested payment to the Supervisor of
Elections prior to the election, however, at her suggestion, I
will request funding subsequent to the election when I receive a
breakdown and billing from her.
According to Mrs. Robinson, election costs will be shared by
three municipalities this year since Indian River County and
Indian River Shores have nothing on this year's ballot.
..R..~COM'MENDED ACTION
Move to formally request that Ann Robinson, Supervisor of
Elections for Indian River County, administer the March 8, 1994
general election for the city of Sebastian.
\ws-min\election.soe
IRC ELECTIONS SUPERVISOR TO
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET. SUITE N- i 09
VERO BE, ACH, FLORIDA 32960-3394
TELEPHONES: (4071 567-8187 or 567-8000
$8955?0 P. 01
January 17, 1994
TO:
FROM:
RE:
CITY CLERKS OF V~RO BEACH, SEBASTIAN, & FELLSMERE
ANN ROBINSON, SUPERVISOR OF ELECTIONS
CITY ELECTIONS ON MARCH 8, 1994
We need a formal request from each city in order for us to
administer the city elections.
Because there is no countywide election this year, and the
Town of Indian River Shores is not holding an election, the
entire cost will be paid by the cities of Veto Beach,
tian, and Fellsmere for their respective share. Without.
having the Town of Indian River Shores to share the expenses,
the cost for the remaining cities will likely increase.
Attached to this memo is a copy of 1993 election
Each City will have to have its own canvassing board because
there will not be a county canvassing board. Please let me
know who the members are so that we can notify them of the
required Logic & Accuracy Test and the opening of the absentee
ballots. We will prepare the canvassing board reports.
Please let me know if you have any questions.
Post-It' brandfax transmittal memo 7671 J#~f~ ~. ,~._
, ~o.] ~ ~c~..~
ih'# r~# .........
JAN-iS-1994 09:52 FROM IRC ELECTIONS SUPERUISOR 58955?0
I;
TOTAL P. 02
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUBJECT:
March 8, 1994 General Election
* Appoint Canvassing Board
APPROVED FOR SUBMITTAL BY:
City Manager:
) Agenda NO. ~.~27
)
) Dept. Origin City Clerk
)
) Date Submitted ~
)
) For Agenda Of 1/26/94
)
) Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
~ ~EMENT
In accordance with Section 4.08 (a) of the Charter of the City of
Sebastian, "If the city is not holding its election as a part of
the election for Indian River County, Florida, the city clerk
shall appoint a city canvassing board to be composed of three (3)
individuals; one (1) member shall be the city clerk and the
remaining two (2) members shall be appointed by the city clerk.
The city clerk shall act as chairperson of the city canvassing
board."
The Supervisor of Elections for Indian River County, had informed
us that. Indian River CoUnty has no office or question on this
year's ballot, therefore, I am required to appoint a canvassing
board. I have historically appointed the City Manager or the
Deputy City Clerk and have requested a volunteer from City
Council, specifically those members not currently up for
election.
Since I am currently City Clerk and Acting City Manager, I will
appoint the Deputy City Clerk as the second member of the
canvassing board.
REC0~NDED ACTION
I would request that Councilmember Damp, Councilmember Freeland
or Vice Mayor Oberbeck volunteer for the third position on the
canvassing board at which time I will make a formal appointment.
\ws-min\election.can
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: ) Agenda No.
Cable TV Rate Regulation )
Ordinance )
) Dept. Origin
)
) Date Submitted
Approved For Submittal By: )
) For Agenda of
)
) Exhibits:
~ ~~ ) Ordinance No. O-94-01
· ~C ) and copy of form FCC 328
City Manager . ' ..... ) filed 11/8/93
)
)
)
)
II I IIIIIII I II III ~ I !11 IIII IiiIIII
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: -0- BUDGETED: -0- REQUIRED: --0-
1IlL I I!111 I !11 L IIIII !1 I IIIII
1/20/94
1/26/94
,SUMMARY STATEMENT
In adopting Resolution R-93-56 on October 27, 1993 City Council
authorized staff to file form FCC 328 with the Federal
Communications Commission (FCC), seeking certification with the
FCC to'regulate basic level serviCe rates for cable television
service providers in Sebastian. This form was mailed to the FCC
on November 2, 1993 and received by the FCC in Washington, D.C.
on November 8, 1993.
The City of Sebastian's application for certification was
automatically approved on December 8, 1993 because the FCC did
not inform us that the application was denied within 30 days
after receipt. In filing FCC 328 the City, as stated on question
#3 of the form, has agreed to adopt regulations consistent with
regulations adopted by the FCC pursuant to 47 U.S.C. Section
543(b). These regulations must be adopted within 120 days of
certification, or no later than April 7, 1994.
(continued on page two)
Agenda No.
Cable Television Rate Regulation'
page 2 of 2
However, the current rate freeze in effect expires on February 15,
1994. Therefore, in order to regulate existing rates for cable
television basic service in the City of Sebastian and insure that
these rates will not immediately be raised without review and
approval by the City once the rate freeze expires, local
regulations must be adopted before February 15.
As stated in question 5 on form FCC 328, the regulations adopted by
the City, as franchising authority, must provide a reasonable
opportunity for consideration of the views of interested parties.
"interested parties" includes at least one representative of the
local cable television company, Falcon Communications, Inc., as
well as members of the public. This ordinance complies with this
requirement and it is staff's recommendation that a local board be
created to receive and consider the views of any interested
parties, thereby providing for public input into the rate
regulation process.
RECOMMENDEDACTION
Move to approve Ordinance No. 0-94-01 on first reading and schedule
public hearing to adopt same on February 9, 1994.
.~TTORNES'S AT LAw
930 S. H~Bo~ CIT%' BLVD.
S IJITF, 505
MELBOURNE. l~uomD~32901
{40T) 984-3300
FAX 1407~ 951-3741
TRUS~ & ESTAT$
$ BOAD C~R~IF~D IN C~IL TRiaL
January 20, 1994
Katherine M. 0'Halloran
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Cable Rate Regulations
Our File No. 882489.2091
Dear Ms. 0'Halloran:
Enclosed is Ordinance No. 0-94-01, pertaining
regulation within the City of Sebastian.
If you have any questions,
RET/lb
Enclosure
cc: Chris Moore
to cable rate
please let me know.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
ORDINANCE NO. 0-94-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA RELATING TO CABLE
TELEVISION REGULATION; CREATING CHAPTER 105 OF
THE CODE OF ORDINANCES; PROVIDING FOR A TITLE,
PROVIDING FOR AUTHORITY; PROVIDING FOR
DEFINITIONS; RESERVING AUTHORITY TO THE CITY;
PROVIDING FOR RATE REGULATION; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992, 47 U.S.C. §521 et sec., as implemented by
regulations promulgated by the Federal Communications Commission
("FCC") provides for local governmental rate regulation of basic
tier cable television services and cable television equipment; and
WHEREAS, to be approved by the FCC to conduct basic tier rate
regulation, a local government must adopt regulations to provide a
"reasonable opportunity for consideration of the views of
interested parties within 120 days of the effective date of
certification," S76.910, FCC Regulations; and
WHEREAS, the City has filed its application for certification
to regulate basic tier rates with the FCC; and
WHEREAS, the City Council finds that this Ordinance will
promote the public interest, health, safety, welfare, and economic
order of the community.
NOW, THEREFORE, BE iT ENACTED by the City Council of the City
of Sebastian, Indian River County, Florida, as follows:
SECTION 1. The Code of Ordinances of the City of Sebastian,
Florida, is hereby amended by adding a new chapter, article, and
sections to be numbered chapter 105, article I, sections 105-1
through 105-4 and article II, section 105-5, which said chapter,
articles, and sections read as follows:
"Chapter 105
CABLE TELEVISION
ARTICLE I. In General
Sec. 105-1. Title.
This chapter may be cited as the "Sebastian Cable Television
Code."
Sec. 105-2. Authority; application.
This chapter is enacted pursuant to the powers of the City to
promote the public health, safety, welfare, and economic order of
the community, by providing regulations for the installation, use,
rates, and merchandising of cable television systems within the
City.
Sec. 105-3. Definitions.
When used in this chapter, the following terms shall be
defined as indicated below. Terms used in this chapter, but not
defined below, which are defined in the Communications Act of 1934,
as amended by the Cable Communications Policy Act of 1984, as
further amended by the Cable Television Consumer Protection and
Competition Act of 1992, codified in 47 U.S.C. §521 et seq., shall
have the meanings set forth in 47 U.S.C. §522.
"Act" shall mean the Communications Act of 1934, as amended by
the Cable communications Policy Act of 1984, as further amended by
the Cable Television Consumer Protection and Competition Act of
1992.
"Applicant" shall mean all officers, agents, employees and
representatives seeking an approval, grant, or permit under this
chapter.
"Application process" shall mean the method for acceptance,
review, approval or denial of an application for a franchise award,
transfer or renewal, or rate request, including staff action and
action of the City Council.
"Cit~" shall mean the City of Sebastian, Indian River County,
Florida.
"FCC" shall mean the Federal Communication Commission.
"Franchise" shall mean an initial authorization or renewal
thereof, issued by the City, whether such authorization is referred
to as a franchise, permit, license, resolution, contract,
certificate, agreement, or otherwise, which authorizes the
construction or operation of a cable system in the city. All
franchises shall be nonexclusive.
"Franchisee" shall mean the person to whom a franchise is
granted by the City under this chapter, and the lawful successor,
transferee, or assignee of such person.
"Newspaper of general circulation" shall mean a newspaper
appropriate for the placement of legal notices as defined by
chapter 50, Florida Statutes.
"Subscriber" shall mean a person lawfully using or receiving
cable services or other services from a cable operator.
3
Sec. 105-4. Reservations.
(a)· Generally. In addition to the specific reservations of
the City set forth herein, the City Council hereby reserves unto
the City the matters set forth in this section.
(b) Police powers. In accepting a franchise, the cable
operator acknowledges that its rights thereunder are subject to the
police powers of the City to adopt and enforce ordinances,
resolutions, policies, and practices necessary to the convenience,
health, safety, welfare, and economic order of the public, and it
agrees to comply with all applicable ordinances, resolutions,
rules, regulations, policies, and practices by the City pursuant to
such power. Any inconsistency between, or ambiguity created by the
relationship between, the provisions of this chapter and any other
contemporaneous or future lawful exercise of the City's police
powers shall be resolved in favor of the City's police power.
(c) The Act.
(1) The City shall have all powers not otherwise
preempted by the act, the regulations of the FCC, Section 166.046,
Florida Statutes, or other applicable Federal or State of Florida
laws or regulations, and shall have all powers conferred on a
franchising authority or allowed by the act which are not addressed
in this chapter.
(2) Should any amendment be made to the act or should
any provision thereof be held to be invalid or unenforceable by a
court of competent jurisdiction which materially affects the City's
authority with respect to the regulation of this chapter, the City
4
Council shall have the right to amend this chapter to the extent it
deems appropriate, and the existing franchise and license shall be
subject to such amendment.
ARTICLE II. RATE ..REGULATION
Sec. 105-5. Rate Regulation.
(a) The City may regulate rates charged by cable television
operators for the basic tier of cable television services and
related equipment in a manner that is consistent with the act and
the rules and regulations prescribed by the FCC pursuant to the
act, all as amended from time to time.
(b) Should a franchisee desire to change any rate or charge,
it shall submit a written application setting forth the proposed
change in charges and effective date of such change to the City
Manager who shall evaluate the proposal in a manner consistent with
FCC cable television rate regulation standards and report this
evaluation to the City Council. The City Council is hereby
authorized from time to time to set reasonable fees for the review
of any rate change application. Application review fees shall be
set by adoption of a resolution of the Council.
(c) The City Council shall conduct a public hearing to
determine, whether or not the rates or proposed rate increase are
reasonable and consistent with the act and regulations implementing
the act. The city manager's report shall be placed before the City
Council at the public hearing. At such hearing, evidence shall be
taken and received on whether the proposed rate or change is
consistent with FCC standards.
(d) Notice of rate regulation proceeding.
(1) The City shall publish in a local newspaper of
general circulation; post in a conspicuous place in the City hall;
and mail by U.S. mail, first class, postage prepaid to the cable
operator, a public notice of the intent to conduct a rate
regulation public proceeding on basic service tier rates and/or
charges for cable service related equipment.
'(2) The franchisee shall notify each subscriber, in
writing, at least ten (10) days prior to the rate regulation public
hearing, of the proposed rate change and the public hearing. The
franchisee shall use a form of notice prepared by the City clerk.
(3) Said public notice specified above in sub-section
(d) (1) and (2) shall include the time, date, and place of the
proceeding and shall explain, among other things, the nature of the
rate review in question; that any subscriber or interested party
has the right to participate in the proceeding; that public views
may be submitted in the proceeding, describing how they are to be
submitted and the deadline for submitting any such views; that a
decision concerning the reasonableness of the cable television
rates in question will be governed by applicable rules and
regulations of the FCC; that the decision of the City is subject to
review by the FCC; and that parties desiring to appeal any decision
made as a result of the proceeding will need to ensure that a
verbatim transcript is prepared which is the responsibility of the
person seeking to appeal.
(e) The City shall ensure that any rate or charge established
for cable television service, equipment, repair and installation
shall be reasonable, just and fair. The City shall also ensure a
reasonable opportunity for consideration of the views of interested
parties, including but not limited to the City, the cable operator,
subscribers, and the residents of the franchise area.
(f) In determining whether a rate or charge is reasonable,
just and fair, the City Council shall apply the cable television
rate regulation criteria established by the Federal Communications
Commission (FCC) by rule as amended from time to time.
(g) In the course of the rate regulation proceeding, the City
may request additional information from the cable operator that is,
in the City's opinion, reasonably necessary to determine the
reasonableness of the basic service tier rates and equipment
charges. Any such additional information submitted to the City
shall be verified by an appropriate official of the cable operator
who supervised the preparation of the response on behalf of the
cable operator, and submitted by way of affidavit, under penalty of
perjury, stating that the response is true and accurate to the best
of that person's knowledge and information formed after reasonable
inquiry. The City may request prOprietary information; provided
that the-City shall consider a timely request from the cable
operator that said proprietary information shall not be made
available for public information, consistent with the procedures
set forth in the FCC rules and regulations. Furthermore, said
proprietary information may be used only for the purpose of
determining the reasonableness of the rates and charges or the
7
appropriate rate level based on a cost-of-service showing submitted
by the cable operator. The City may exercise all powers under the
laws of evidence applicable to administrative proceedings under the
laws of the State of Florida to discover any information relevant
to the rate regulation proceeding, including, but not limited to,
subpoenas, interrogatories, production of documents, and
deposition.
(h) 'If the City Council or the City manager cannot determine
the reasonableness of the proposed rate increase within the time
period permitted by the FCC rules and regulations, it may toll the
effective date for the proposed rate increase within the time
period permitted by the FCC rules and regulations, it may toll the
effective date for the proposed rates for an additional period of
time as permitted by the FCC rules and regulations, and issue any
other necessary or appropriate order and give public notice
accordingly.
(i) Upon termination of the rate regulation proceeding, the
City Council shall adopt and release a written decision as to the
application. The City Council shall adopt a resolution:
(1) stating whether or'not the rates or proposed rate
increase(s) are reasonable or unreasonable, and, if unreasonable,
its remedy, including prospective rate reduction, rate
prescription, and refunds;
(2) approving, disapproving or modifying the proposed
rate changes as authorized by FCC rate regulation standards; and
(3) setting forth findings of fact and conclusions
regrading the City Council's determination.
(j) Consistent with FCC rules and regulations, the City's
decision may be reviewed only by the FCC.
(k) The City shall be authorized, at any time, whether or not
in the course of a rate regulation proceeding, to gather
information as necessary to exercise its jurisdiction as authorized
by the Act and the FCC rules and regulations. Any information
submitted'to the City shall be verified by an appropriate official
of the cable operator who supervised the preparation of the
response on behalf of the cable operator, and submitted by way of
affidavit, under penalty of perjury, stating that the response is
true and accurate to the best of that person's knowledge and
information, formed after reasonable inquiry.
(1) The cable operator shall have no vested, impairment-of-
contract, or other right as against such rate regulation.
(m) Nonenforcement not a waiver. The cable operator shall
not be excused from complying with any of the requirements of this
chapter by any failure of the City on any one (1) or more occasions
to insist upon or to seek compliance with any such terms or
conditions.
(n) Should the City at some future date be allowed to
regulate other than basic tier cable television service and
equipment rates, all as provided in the act, the City may, in its
sole discretion, institute such rate regulation as it deems
appropriate. Any franchise agreement issued after February 15,
1994 shall be issued subject to this regulation, whether it shall
9
so state or not."
Section 2 CONFLICTS. All 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
appropriate designations.
Section 4. 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.
Section 5. EFFECTIVE DATE.
without said invalid and
causing said remainder to
This ordinance shall become
effective immediately upon its adoption.
10
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
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 , 1994.
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 , 199 , and
the following said public hearing this ordinance was passed--~y the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and content:
Charles Ian Nash, City Attorney
11
20554
FCC 328
For FCC Use Oniv
CERTIFI~TION OF F~NCHISING AUTHORI~ TO REGU~TE BASIC CABLE SERVICE ~TE5
AND iNITIAE FINDING OF ~CK OF EFFE~IVE COMP~ITION
NameofFra~chisingAtrthority City of Sebastian
1225 Main
Sebastian
No. Cmdude aha code):
Street
ZiP C_ode
32958
(407) 589-5330
P~ to contact with reagect to this form:
Christopher Moore, C.P.A.
2- a. Name ~) and ad~es) of cable ~em~) and ~mx:iated FCC communit7
.... Fa,i, co, n,'Cab!,~!.,Media (Falc,o.,n.,~Cable TV) .
P.O. Box 780249
32958
Cable system's FCC c..~.u.~ unit ldentif,~. FL 0235
p
Cable Swtem's Name
Cable System's FCC Community Unit ldentifie~.
2. b. Name (s) of sy~a~s) and associated community unit identifie~(s) yo~
claim are ~bject to regulat~n and with respect to which you are filing this
c:e~fi~ Patach additkmal d~eeU if necusa~j
· , ..Falcon Cable. Idenflr~ FL 0235
listed in 2,b2
3. Will your iran~ising autho~ty adopt
(w~in 120 ~ of ~ifi~on) ~d
~ic ~te ~i~ ~t ~ corniest
~ to 4~ U~C ~on 543~)1
4. W'rth rulx~ to the franchising authodt~'s rt.~uJations mferTed
to in QuestJon 3, ~Yes DNa
your ftaltchising authority ~
Oo the i~oced~al Jaws and regulatiom
3~alcabie to rate rqulation proceedi~s
by your franchising autho~ty provide a
reasonable oppotWnK~ for cDmideration
of the )~ews of interested parties?
The Commission presumes that the cable
· y~e.~) bred ~. ~.b. is ~r~ n~ subject
definition below, do you have mason to
~'~Yes ~ No
~Yes E~]No
(Effective competition means 'l~at (a) fewer than 30 pes~eflt of the
holaseholds ~n the franchise area subscn~M to the cable service of a
cable system; ~b) the fmnchbe ~ is ~ serv~ by ~K least two
urmffiliM~ mu~chlmnel video pro~'-dmming d~ each o~
which offers comparable video programming to at least $0 pe~-ent
of the households in the franc~se ama; and (i~ the numbe~ of
househMcis subscfl%ing to pm~ramming services offered by
multichannel video prop"dmmin8 distrlb~ othe~ than the larsest
multichm~n~ ~ ~mins d'mrbumr exceeds 15 pe%'ent of
the households in the fmr.:hise area; or (c) a multichanneJ video
. pro~rammb~ distributor operdted by the franchisinE authority for
that franchise area offers video pmp-ammin$ to at least $0 percent
r~de -- Staff Accountant
Date
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY RNE AND/OR IMPRISONMENT (U-~. CODE
TITLE 18, SECTION 1001). . ..
Return the original and one copy of this cett~F~atlon form (as
indicated in Instructions), along with any attachments, to:
Federal Communications Commission
Atto: Cable Franchising Authority Certification
P.O. Box 18539
Washington, D. C- 20036
FCC 32B
26 JANUARY 1994.
TO:
KAY OHALLORAN
ACTING CITY MANAGER
CITY OF SEBASTIAN
SEBASTIAN. FL 32958
FROM: MARK PRICE
SKYDIVE SEBASTIAN
PO BOX 126
ROSELAND. FL 32957
(407) 388 - 5672
RE: REQUEST FOR EXTENSION
Dear Kay;
Due to the delay incurred in the construction of the building on the property of Clay Price. a
request for an extension to the sublease between Sebastian Aero Sen,ices and Sky. dive Sebastian is desired,
It is the intention for Skvdive Sebastian to move into the property being developed by Clay Price as soon
as possible however, the site is not completed at this time. A two month extension is requested at this
time to cover an)' delays either seen or unseen. Your cooperation in this matter would be greatly
appreciated and any questions you may have may be directed to myself or Clay Price
Sincerely,
Mark Price
S~dive Sebastian
BUSINESS SUB LEASE
THIS AGREEMENT. entered into this __ day of January 1994. between SEBASTIAN AERO
SERVICES, INC.. hereinafter called the Lessor, party of the first pan. and SKYDIVE SEBASTIAN,
iNC., hereinafter called the Lessee, party of the second pan:
WlTNESSETI-I. that the Lessor does this day sublet unto said Lessee. and said Lessee does hereby hire
and take as tenant under said Lessor. the two offices at the west end of the building located at 300 West
Airport Drive and the ummproved propem., as identified by as "Attachment A" made a pan of this
agreement. Lessee agrees to use said propem., for the exclusive purpose of conducti~t'~
operations and for no other purposes or uses whatsoever, for the term of six~6,)~ onr0'-ff--ths subject and -
conditioned on the pro~ssions of clauses of this sublet beginning on the 31st da)' of January 1994, and
ending on the 31 st da3' of March 1994. or for the two(2) month period of an even month beginning after
approval of the sublet by the Sebastian CiB' Council. if required, at and for the agreed to~ rental of
payable in advance upon the first day of said
sublet. Lessee will not sublet the premises without Lessor's written permission, such permission shall not
be unreasonably withheld.
The following express stipulations and conditions are make a part of this sublet and are hereby
assented to by the Lessee:
FIRST: The parfie?s4~all revie.,a~Cre~sublet arr/~ments after fi~z~(5) m to~ ex-tensi~gn or
modification of said leasy,;6y the mutuaJ~,onsent of~ parties, failur~e~Sextend oj4fiodify shaJ34~sult in
the re,nation of the blet at or mog tion is
subject to the appr~l by the Cji3..: of Sebastian.
SECOND: Lessor agrees to allow the use of the unimproved propem.' for parachute packing and
training of Lessee's clientele and use of the rest rooms by the clientele of Lessee.
THIRD: Lessee agrees to purchase fuel, oil, maintenance and aircraft parts exclusively from
Lessor for use in the primary aircraft of Lessee. Fuel will be provided for $1.899 per gallon~ maintenance
for $30.00 per hour, emergency maintenance shall be at the rate of $35.00 per hour, fuel and oil prices
subject to c.hange as prims fluctuate with cost. Parts shall cost between 50% wholesale and 50% of retail
prices' at fair market value. Maintenance may be performed by Lessee as allowed for owner/operators
under Federal Aviation Regulations.
FOURTH: Lessor shall be given the opportunity to prox4de supplemental aircraft and/or pilots in
excess of the aircraft of Lessee. Violation shall be grounds for termination of the lease.
FIFTH: Lessee agrees not conduct any activities which would compete with the services offered
by the lessor: specifically, but not limited to aircraft maintenance, sales, painting, or flight training.
Competition shall be solely determined by the lessor and shall be grounds for immediate termination.
SIXTH: Lessee shall expressly prohibil the use of controlled substances or alcohol by its staff or
clientele and violation of this promsion shall be grounds for immediate termination of said sublet.
SEVENTH: Lessee shall provide to Lessor a copy of any insurance required by the Cit).~ of
Sebastian, with lessor and the CiB' of Sebastian named as additionally insured.
EIGHTH: The Lessee shall name Lessor and the City of Sebastian under all indemnification and
hold harmless agreements used by the Lessee's clients. Additionally. Lessee shall provide the CiB' of
Sebastian and Sebastian Aero Sen;ices Inc. with a hold harmless and inflemmfication agreement for
actions or claims arising from the conduct of its operations or out of this sublease.
NINTH: Lessee shall construct fencing for the purpose of segregating the areas for the use of
Lessees clients on the unimproved propen3', approval to be by lessor. City of Sebastian or Sebastian
Planning and Zoning Commission.
TENTH: Lessee shall have the option to construct a "pole barn" .type structure for the purpose of
providing shelter from the sun. The costs of said structure shall be at the sole expense of the Lessee and
said improvements to remain on the property upon termination of the lease or. at the option of the Lessor
or the City. of Sebastian, removed by the Lessee at the sole expense of the Lessee. Location of said
structure to be mutually agreed upon by the parties. Access for electric sen,ice to be made available for
extension to the structure. The construction of any improvements shall be conditioned on the prior
approval by the Ci.ty of Sebastian.
ELEVENTH: Use of the unimproved propert3: by the Lessee to be non-exclusive with Lessor.
TWELFTH: Lessee agrees to accept the premises in the condition the)..' are in at the beginning of
this sublet and agrees to maintain said premises in the same condition during the term of said sublet.
THIRTEENTH: This contract shall bind the Lessor and Lessee and their agents, successors, and
heirs as the ease may be, of the sublet.
FOURTEENTH: Violations of any provisions of this sublet shall be grounds for termination of
this sublet.
FIFTEENTH: Use of the office space shall be non-exclusive with Lessor.
SIXTEENTH: Lessor shall not be relieved of any obligations to the Ci.ty of Sebastian under the
terms of its lease with the City of Sebastian by virtue of this sublet.
SEVENTEENTH: Lessee acknowledges the existence of the certain Lease agreement between
Fly Florida Inc. and the City of Sebastian dated June 18. 199(I (the "Lease") and the subsequent sublease
of the Lease with Sebastian Aero Sen,ices, Inc. The Lessee agrees to be bound by the terms and
conditions of the Lease and agrees that if there is any conflict between the terms of this Business Sub
Lease and the Lease, the terms of the Lease shall control the rights and obligations of the Lessor and the
Lessee.
IN WITNESS WHERE OF. the parties hereto have hereunto executed this instrument for the
purposes herein expressed, the day and 5,ear above ~ritten.
WITNESSES
L~ssee
Lessor
Approved by the Ci.ty of Sebastian
Ci~,Manager
Attest:
City Clerk
I
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Clay Price Request for
Sub-Lease to Skydive Sebastian,
Inc.
APPROVED FOR SUBMITTAL BY:
City Manager:
) Agenda No. q/-~.~ ~//~. 0/7
)
) Dept. Origin City Clerk
)
) Date Submitted 1/19/94
)
) For Agenda Of 1/26194
)
) Exhibits:
* Price Letter dated 1/10/94
* Proposed Sub-Lease
* Airport Manager Letter
dated 1/13/94
* Articles of Incorporation
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Clay Price has submitted a proposed sub-lease between him and
Skydive Sebastian, Inc. Skydive Sebastian's lease with Sebastian
Aero Services is scheduled to expire on January 30, 1994.
The proposed two year lease as submitted by Mr. Price, has been
reviewed, and approved by the City Attorney and Airport Manager.
The Airport Manager requested that Mr. Price submit articles of
incorporation for Skydive Sebastian, Inc.
ACTION
Review and act on the request.
\ws-min\price
Charles Clay Price
P.O. Box 698
Sebastian, FL 32958
January 10, 1994
Mr. John VanAntwerp
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Re:. Lease Time Schedules
Dear Mr. VanAntwerp:
I have reviewed your January 7 letter and have also reviewed the lease and my understanding of the lease is
that the lease allows, for a construction period longer than three ( 3 ) months due to permitting delays. As
the delay has been due to permitting and we have worked to secure all the permits in a timely fashion, I do
not feel that we are in default of the lease. Please advise me as to the proper actions that need to be taken
to inform the City of this development in view of our expected January 3 I, 1994 completion date.
Additionally, please advise me as to the status of the letter Mr. Ed Howard of the Federal Aviation
Administration, sent to you on December 23, 1993 per Mr. Howard, regarding his approval of the
construction of our facilities.
Also, please up-date me as to the progress you have made regarding the amendment of the City's land use
plan as it relates to the construction of our hanger. I have been told, verbally, by other City officials that
the land I leased is not permitted for an aircraft hanger. I would like to know this information so that I may
plan the construction of the hanger accordingly.
The fuel truck issue has been discussed with Mr. Bruce Cooper, of the Sebastian Building Department, and
as further information becomes available to me, as requested by Mr. Cooper, I shall inform you
accordingly and will be proceeding as per Mr. Cooper's instructions. Please refer to your copy of Mr.
Cooper's .December 27, 1993 letter as to the guidance I have received.
I have attached a copy of the lease between myself and Skydive Sebastian, Inc. for your information and
wish to request your guidance as to the proper actions that need to be taken regarding this lease.
I hope that the information provided has been helpful, and I look forward to your help in resolving the
other issues in this letter.
Very Truly Yours,
Charles CI~
eric.
BUSINESS SUB LEASE
TH/S AGREEMENT, entered into this ~ day of January 1994, between Charles Clay
Price, hereinafter called the Lessor, party of the first part, and SKYDIVE SEBASTIAN,
INC., hereinafter called the Lessee, party of the second part:
WITNESSETI( that the Lessor does this day sublet unto said Lessee, and said Lessee
does hereby hire and take as tenant under said Lessor, the property as identified by as
"Attachment A" made a part of this agreement. Lessee agrees to use said property for the
exclusive purpose of conducting skydiving operations and for no other purposes or uses
whatsoever, for the term of two (2) years subject and conditioned on the provisions of
clauses of this sublet beginning 'on the 1st day of February 1994, and ending on the 31st
day of January 1996, at and for the agreed total rental of $1.00 and other valuable
consideration. Lessee will not sublet the premises without Lessor's written permission,
such permission shall not be unreasonably withheld, and without the written consent of the
City of Sebastian.
The following express stipulations and conditions are made a part of this sublet and are
hereby assented to by the Lessee:
FIRST: Lessee shall provide to Lessor a copy of any insurance required by the
City of Sebastian, with Lessor and the City of Sebastian named as additionally insured.
SECOND: The Lessee shall name Lessor and the City of Sebastian under all
indemnification and hold harmless agreements used by the Lessee's clients. Additionally,
Lessee shall provide the City of Sebastian and Charles Clay Price with a hold harmless and
indemnification agreement for actions or claims arising from the conduct of its operations
or out of this sublease.
TItlI~: Lessee agrees to accept the premises in the condition they are in at the
beginning of this sublet and agrees to maintain said premises in the same condition during
the term of said sublet.
FOURTH: This contract shall bind the Lessor and Lessee and their agents,
successors, and heirs as the case may be, of the sublet.
FlleTH: Violations of any provisions of this sublet shall be grounds for termination
of this sublet.
SIXTH: Lessor shall not be relieved of any obligations to the City of Sebastian
under the terms of its lease with the City of Sebastian by virtue of this sublet.
SEVENTH: Lessee acknowledges the existence of the certain Lease agreemem
between Charles Clay Price and the City of Sebastian dated September 29} 1993 (the
"Lease"):' The Lessee agrees to be bound by the terms and conditions of the Lease and
agrees that if there is any conflict between the terms of this Business Sub Lease and the
Lease, the terms of the Lease shall control the rights and obligations of the Lessor and the
Lessee.
IN WITNESS WHERE OF, the parties hereto have hereunto executed this instrument
for the purposes herein expressed, the day and year above written.
WITNESSES
Approved by the City of Sebastian:
By.
City Manager
Attest:
City Clerk
Lessee
Lessor
By.
City Attorney
SCHEDUL,,E
This Schedule is a part of that certain Lease between the CITY
OF SEBASTIAN and Charles Clay Price dated '~',,~'~/7' ] for leased
premises at the Sebastian Municipal Airport.
Listed below is the general description of the leased premises.
The three acre parcel contigious to the Sebastian Aero
Services, west of the 4/13 taxiway and north of Sebastian Aero,
particular, description to follow.
Fleming Grant that certain parcel lying in Section 29
'described as follows: beginning at the most westerly corner of
said Section 29, run south 44 degrees 21 minutes 28 seconds
east 818.81 feet on southwest boundary of Section 29 to
centerline of Roseland Road, thence north 04 degrees 48 minutes
59 seconds west 514.65 feet on said centerline thence north 89
degrees 50 minutes 46 seconds east 644.46 feet, thence north 00
degrees 09 minutes 14 seconds west 849.00 feet to true point of
beginning, thence north 89 degrees 50 minutes 46 seconds east
425.00 feet to a point which lies 75.00 feet west of the
centerline of an existing airport taxiway, thence north O0
degrees 09 minutes 14 seconds west 307.00 feet, thence south 89
degrees 50 minutes 46 seconds west 425.00 feet, thence south 00
degrees 09 minutes 14 seconds east 307.00 feet to true point of
beginning.
Contains 3 acres more or less.
Less and except Parcel B & C whose legal description is
respectively described as:
Parcel B
Fleming Grant that certain parcel lying in Section 29
described as follows: beginning at the most westerlY corner of
said Section 29, run S 44 degrees 21 minutes 28 seconds east a
distance of 818.81 feet on southwest boundary of Section 29 to
centerline of Roseland Road, thence north 04 degrees 48 minutes
59 seconds west a distance of 514.65 feet on said centerline,
thence north 89 degrees 50 minutes 46 seconds east a distance
of 644.46 feet, thence north 00 degrees 09 minutes 14 seconds
west a distance of 849.00 feet; thence north 00 degrees 09
minutes 14 seconds west a distance of 92.11 feet to a point of
beginning; thence north 00 degrees 09 minutes 14 seconds west a
distance of 79.60 feet; thence north 72 degrees 24 minutes 54
seconds east a distance of 87.62 feet; thence south 86 degrees
39 minutes 37 seconds east a distance of 94.64 feet; thence
south 69 degrees 44 minutes 03 seconds east a distance of 49.06
feet; thence south 00 degrees 09 minutes 14 seconds east a
distance of 62.21 feet; thence south 78 degrees 20 minutes 32
seconds west a distance of 49.58 feet; thence north 81 degrees
41 minutes 01 second west a distance of 95.75 feet; thence
south 72 degrees 40 minutes 02 seconds west a distance of 84.52
feet to the true point of beginning.
Containing 18,213 square feet.
Parcel C
Fleming Grant that certain parcel lying in Section 29
described as follows: beginning at the most westerly corner of
Said Section 29 run south 44 degrees 21 minutes 28 seconds east
a distance of 818.81 feet on southwest boundary of Section 29
to centerline of Roseland Road, thence north 04 degrees 48
minutes 59 seconds west a distance of 514.65 feet on said
centerline, thence north 89 degrees 50 minutes 46 seconds east
a distance of 644.46 feet, thence north 00 degrees 09 minutes
14 seconds west a distance of 849.00 feet; thence north 89
degrees 50 minutes 46 seconds east a distance of 425.00 feet;
thence north 00 degrees 09 minutes 14 seconds west a distance
of 143.64 feet to the point of beginning; thence south 89
degrees 50 minutes 46 seconds west a distance of 200.96 feet;
thence north 09 degrees 09 minutes 14 seconds west a distance
of 15.00 feet; thence north 89 degrees 50 minutes 46 seconds
east a distance of 200.96 feet; thence south 00 degrees 09
minutes 14 seconds east a distance of 15.00 feet to the true
point of beginning.
Contains 3,014 square feet.
with the non-exclusive Ingress/Egress easement whose legal
description described as:
Fleming Grant that certain parcel lying in Section 29
described as follows: beginning at the most westerly corner of
said Section 29, run south 44 degrees 21 minutes 28 seconds
east a distance of 818.81 feet on southwest boundary of Section
29 to centerline of Roseland Road,-thence north 04 degrees 48
minutes 59 seconds west a distance of 514.65 feet on said
centerline, thence north 89 degrees 50 minutes 46 seconds east
a distance of 644.46 feet, thence north 00 degrees 09 minutes
14 seconds west a distance of 849.00 feet to the point of
beginning; thence south 89 degrees 50 minutes 46 seconds west a
distance of 100.00 feet; thence north 00 degrees 09 minutes 14
seconds west a distance of 307.00 feet; thence north 89 degrees
fifty minutes 46 seconds east. a distance of 100.00 feet; thence
south 00 degrees 09 minutes 14 seconds east a distance of
307.00 feet to the point of beginning.
2
Cio: of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
January 13, 1994 TELEPHONE (407) 589-5330
FAX 407-589-5570
Charles Clay Price
P.O. Box 698
Sebastian, Florida 32958
Re: Your Letter Dated January 10, 1994
Dear Mr. Price:
I have reviewed your lease and you are correct, it allows for
delays due to the permitting process. Your letter with the
.expected completion date of January 31, 1994 is sufficient
notification. Please advise me if further delays are
encountered.
A copy of the December 23, 1993 Ed Howard letter was received on
January 12, 1994 and a copy was forwarded to Mr. Bruce Cooper.
An examination of the letter indicates a wrong address was used
on the original. I have taken steps to correct this error.
I have discussed the amendment to the city's land use plan with
other members of the city staff and it appears the process will
take about 90 days to complete. If this presents a problem with
your schedule, please advise me and i will assist you in any way
i can.
Attorney Nash and i have reviewed your proposed sublease to
Skydive Sebastian, Inc. and find it to be acceptable as
presented. In addition to the sublease you will need to present
to the city proof of the'incorporation of Skydive Sebastian,
Inc., the ownership of Skydive Sebastian, Inc. and an agreement
that the 'ownership of Skydive Sebastian will not be conveyed by
any of the existing owners without the express written consent of
the city in order to ensure that the sublease cannot be
indirectly transferred simply by having the existing owners
convey their shares to others, which would in effect, transfer
the sublease wit~put the city's knowledge or consent.
~/John Van Antwerp' / Airport Manager
JV:js
Special Meeting - Skydive Sebastian, Inc.
February 10, 1993
Purpose:
Resignation of Director and Officer
Return of Stock
Election of Director and Officer
A Special Meeting of the corporation was held on February 10,1993 with Waiver of
Notice requested, given and received by all stockholders of record who were present to
accept the resignation of Clay Price as director and officer and to elect new officers.
Mr. Clay Price relinquished all claim to the corporation and any stock ( un-issued ) in the
corporation and tendered his resignation as director and officer. Mark Price accepted the
resignation for the corporation. Wanda Price nominated Mark Price as Director,
President and Treasurer and herself as Director, Vice-President, and Secretary. Mark Price
seconded and called the question. All Stockholders agreed to the nomination.
Being no further business, the meeting was closed.
Ivl~ark Price
Wanda Price.
' ce.ifv tha, the attached ',, true and correct copy of the
A~icles of Incorporation of SKYDIVE SEBASTIAN, iNC., a
corporation organized under the Laws of the State of Florida, filed
°n August 17, 1992, as ,hown by the record, o, thi, office.
The document number of this corporation is V58699.
CR2E022 (2-91) ~ecre~r~ ~ ~tat~
u u u'u u u u u u u u u u u u u u u u
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
August 20, 1992
PRICE & ASSOCIATES, P.A.
P.O. BOX 780698
SEBASTIAN, FL 32978-0698
Dear MR. PRICE:
The Articles of Incorporation for SKYDIVE SEBASTIAN, INC. were
filed on August 17, 1992, and assigned document number V58699.
Your check for $122.50 covering the various fees has been received.
Enclosed is the certification you requested.
A corporation annual report will be due this office between January 1
and May 1 of next year. A Federal Employer Identification (FEI)
number will be required before this report can be filed. Please
apply NOW with the Internal Revenue Service by' calling
1-800-829-3676 and requesting form SS-4.
Please be aware if the corporate address changes, it is the
responsibility of the corporation to notify this office.
ShouJd you have questions regarding .corporations, please contact us
at the .address given below.
SANDY L. PEARCE
New Filings Section
Division of Corporations
Division of Corporations, PO Box 6327, Tallahassee, Florida 32314
i
ARTICLES OF INCORPORATION FILED
OF ~99~ AUG 17 PM 12: I~
SECREI'?~'IY OF STATLI
TALLAHA.~SEE, FLORID~I
SKYDiVE, SEBASTIAN, INC
The undersigned Incorporator, for the purpose of forming a corporation under the
Florida General Corporation Act, hereby adopts the following Articles of I
Incorporation.
ARTICLE I
The Name of the corporation shall be:
SKYDIVE SEBASTIAN, INC.
NAME I
The princlpal place of business of this corporation shall be:
1623 US Highway 1
Sebastian, Florida 32958
ARTICLE i.!. NATURE OF B..USI.NES-~
This corporation may engage in or transact any or all lawful activities or business
permitted under the laws of the United States, the State of Florida, or any other
state, county, territory or nation.
ARTICLE Il!, CAPITAL STOCK
The aggregate number of shares of stock and Its par valu'e that this corporation is
authorized to have outstanding at any one time is:
100 Shares
$1.00 Each Share
ARTICLE IV TERMS OF EX. I.STENC~
This corporation is to exist perpetually. ,
ARTICLE V .. OFF..ICER$ DIR...ECTO. R-~
The name and street address of the Initial officer and director, who shall hold offlcs
the first year of the corporation's existence or until his successor Is elected is:
Charles Clay Price
1623 US Highway 1
Sebastian, Florida 32958
ARTICLE VI INCORPORA_TOR
The name a'nd street address of the Incorporator to this articles of Incorporation Is:
I Charles Clay Price
i 1623 US Highway 1
Sebastian, Florida 32958
IN WITNESS WHEREOF,
Incorporation this /.~
the undersigned Incorporator has executed the Articles of
Day of./-/,.~¢,~/- . , 1992.
Signature of incorporator
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
THE FOREGOING Instrument was acknowledged and sworn to before me this ~Y~
day of. 2~/ ~.% ~ ,1992 by Charles Clay.Price of Skydlve Sebastian, Inc., who is
personally. ~nown to me or has produced __ as
Identification and who did (did not) take an oath.
Sign~iure of~oiary pubiic - '
state of FldrJda I~ ...... ~ ,
~y C~:,.f~'.~,,: L';=j::: ~,..:~,:, ~.. ~4
{ rmt, Ty e or ,'tamp
Commissioned Name of
Nolary Public}
...CERTIFICATE OF DESIGNATION
FIL. ED
REGiS~. RED AGENT/REGISTER~=n OFFICF 1992 AU[; 1 7 PH 12.'
Pursuant to the provisions of Section 607.325, Florid
a Statutes, ,., NJ .~ e ' '
corporation, organized under the laws of the State of Florida, subml[[~ ~1~
statement In designating the registered office/registered agent, In the State of
Florida.
1. The Name of the corporation Is:
SK~,DIVE, SEBASTIAN, INC
2. The name and address of the registered agent and office Is:
Charles Clay Price
1623 US Highway 1
Sebastian, Florida 32958
HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE i
STATED CORPORATION, AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I
HEREBY AGREE TO ACT IN THIS CAPACITY, AND I FURTHER AGREE TO COMPLY I
WITH THE PROVISIONS OF ALL STATUTES RELATIVE TO THE 'PROPER AND
COMPLETE PERFORMANCE. OF MY DUTIES, AND I ACCEPT THE DUTIES AND
OBLIGATIONS OF SECTION 60~.325, FLORIDA STATUTES.
SIGNATURE ~/~~?'~ ,~
'~-~//.-'.,/~?,
DATE ~': ..~ / F"
/
~ i ~ - ~U$$O. PRIHTZHG P- O1
TEL: 90zl-922-Oa96
FI,ORIDA DEPARTMENT OF STATE
jim Smith
Se~ret-ry o[ Slate
DIVISION OF HISTORICAL RESOURCES
Tallahde~, FJor~dl ~3~
~I~CI~F& ~llcc Telenet Number (~)
3anoary' 25, 1994
The ~onorable ;~nnio Powell
Mayor, City of Sebastian
Dear Mayor Powell:
It has come to our a~tention ~hat an ~ffort is bein~ made tO
relocate an~ preserve the old Macedonia Baptist C~urch,
which is pre~ently loon=ed at 119 Bob Circle in Sebas~ian.
Information in our files indicates ~hat =he old Macedonia
Baptist Church is an important historic resource related to
the ethnic heritage of the ~lack community in Sebastian. A
proposal to nominate the church for li~ting in the Nat. lonal
Register of Historic Places was submit~ed to our offlc~ ~n
1991, an~ the property was considered by our staff to be
eligible for lis~lng in the National Register. However,
~0 =he need for additional ~tems of documen:ation, we were
unaDle to proceed with the nom~nation at ~ha~ time.
It iS OUr understanding tha~ the ~aith Baptist Church and
others have proposed to move ~h~ building to e publi~ park
site for rehabili~at~on for the interpre~stion of local
black heritage.
Unfortunately, we can not offer immediate financial
assistance in the relocation of the building. However,
matchin~ qra~t assistance fo~ its rehabili~ation may
available ~hrough our historic preservation grant-in--aid
program. We will be ~app¥ to work wi=h any ~overnmental
agency or non-prof].t or~anization toward this end.
JAN--26--94
I I : 28 - R US S 0 . PR I NT I N ~
TEL:904-g22-Oag6 ]an 26 9~
P. 02
9:1r, I~.i;.,.Qi.)2 P.03
Honorable Lonnie
January 25, 1994
Page Two
In view of the historical significance of the building, we
possible to encourage and assist in its preservation, we
(~eorg~ W. Percy , ...... ~
Preservation Officer
cc; John Dean
, SEBASTIAN CITY COUNCIL MEETING JAN ~ [~_
MY NAME IS ROGER M. SKILLMAN. I LIVE IN DELRAY BEA, ~((,~ll~
PROPERTY IN SEBASTIAN. ~yrt~-(~ (-~Fi(~
WE ARE, CONSIDERING THREE THINGS T~T COULD HAPPE~ .~ ~ ~
sos creche. ~¢ co~o sC ~ows, ~¢-suI~T o~ s~o~ ~t~b~.,~ ~
IN 1994 MOST OF THE MEMBERS HAD MOVED TO MELBO
RETURN TO THEIR CHURCH IN SEBASTIAN ONCE A MONTH
THEIR LIVES THEY HAD WORSHIPPED AND MET THEIR NEI(
I KNEW SOME OF TttEM, I WANTED TO MOVE THE BUILDING TO MELBOURNE
A GESTURE OF GOOD WILL. I CONTACTED A MAN' IN SEBASTIAN WHO MOVED
BUII,DINGS AND HE TOLD ME HE WAS FAMILIAR WITtt THE BUIILDING, AND THAT
HE, GROVER FLETCHER, FELT 1T COULD NOT BE MOVED. I BELIEVE THIS
GENTLEMAN WAS THE NORTIt COUNTY COMMISSIONER AT ONE TIME.
IN 1983 I WAS GOING TO PETITION THE CITY TO ANNEX SEVERAL TR. ACTS OF
LAND THAT I HAD ACQUIRED, AND THOUGHT IT WOULD BE A GOOD IDEA FOR
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589~5570
SUBJECT: RESOLUTION R-94-10
REGARDING THE ABATEMENT OF THE
EXISTING CHURCH ON BOB CIRCLE
Approval For Submittal By:
City Manager
) Agenda Number: ~.0~0
) Dept. Origin: Community Dev..e.l.oDment
)
) Date Submitted:
) For Agenda Of:
)
) Exhibits:
) 1.
)
)2.
)
) 3.
01~1..9/.94 (BC~
01/26/94
Letter dated 11/9/93 from Bruce
Cooper
Letters dated 1/7/94 & 1/12/94 from
Fischer & Sons
Resolution R-94-10
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
S~RY STATEMENT
At its regular workshop meeting of September 1, 1993 the City Council
authorized staff to initiate enforcement proceedings regarding the demolition
or repair of'the old church on Bob Circle.
Pursuant to 102.5 of the Standard Building Code and the Standard Unsafe
Building Abatement Code, staff has notified the current owner of record
regarding the City's intentions to have this structure repaired or
demolished.
As stated in the letter to the current owner, if the building or structure is
to be repaired, all necessary permits must be secured and the work commenced
within 60 days and continued to completion within such time as the Building
Official determines. The deadline for the owner to comply with this section
was January 12, 1994. The Building Department did receive a set of building
plans at 4:25 p.m. on January 12, 1994. Unfortunately, the submission of one
set of plans does not comply with the specific section of the Standard Unsafe
Building Abatement Code.
Page 2
I have talked with the current owner, Pastor Terry Booher, which has
indicated that they have secured a contractor, but has stated that they would
not be able to complete this work within a timely fashion. As of January 19,
1994 there has been no further submission of documents regarding this
proposal to repair the structure.
Since this structure has been determined to be unsafe and could cause a
problem regarding public safety, health and general welfare with the existing
condition of the structure, staff recommends that the City Council approve
the resolution.to abate the structure and have the structure demolished.
Staff has. received only one quote so far, in the amount of $5,800.00, to have
this structure removed. $2,600.00 of that quote was for dumping fees which
we could actually pay the exact fees that are incurred during this process
which would probably be less than the $2,600.00.
Since it appears that the owner of the property will not be repairing or
removing the structure on their own, the City will have to pay for the cost
of the abatement of the structure and then proceed to collect this money
through the proper procedure.
In order to alleviate most of the costs regarding the removal of the
structure, I have contacted the Fire Department to coordinate a controlled
burn of this structure for training purposes. Chief Dan Dietz has agreed to
burn this structure for training purposes only and the owner has no
objections since it would eliminate most of the costs in the removal of the
structure.
RECOMMENDED ACTIO~
Move to approve Resolution R-94-10.
CiO, of oCebastian
1225 Main Street u SEBASTIAN, FLORIDA' 32958
TELEPHONE (407) 589-5330 rJ FAX (407) 589-5570
November 9, 1993
CERTIFIED MAIL
P 256 907 466
Terry L. Bo,oher, Pastor
Faith Baptist Church
3607 Oleander Avenue
Ft. Pierce, FL 34982
Reference:
119 Bob Circle (Section 1, Township 31 S., Range 38 E.
Tax I.D.# 01-31-38-00000-7000-003.0)
Dear Pastor Booher:
As you are aware, this department has received several complaints
regarding the above referenced property. The complaints allege
that this property is becoming a public nuisance and the building
is unsafe in its present condition.
On July 18, 1987, the building was posted with a notice of
determination by myself that the structure was unsafe for occupancy
and shall not be entered without written notice from the Building
official.
On June 30, 1989, a letter was sent to Rev. Mathews declaring the
church's structure was unsafe for the following reasons:
Inadequate sanitary facilities.
Electrical service and wiring does not meet the National
Electrical Code.
Foundation, flooring and ceiling are unstable and presents a
danger to occupants.
I know there has been many correspondences and promises to have the
structure repaired and brought back into compliance but as of this
date nothing has been applied for to meet the requirements of the
Standard Building Code. Please be advised at there regular
workshop meeting of September 1, 1993, the City Council authorized
the Director of Community Development/Building official to require
the repair or demolition of the structure on the above reference
property.
Pastor Terry L. Booher
November 9, 1993
Page 2
Therefore, the following shall be applicable to this notice to the
owner:
The July 18, 1987 notice of determination that the structure
was unsafe for occupancy is still in effect and shall not be
entered into without written notice from the Building
official.
The existing building has inadequate sanitary facilities.
The electrical service and wiring does not meet the National
Electrical Code.
The foundation, flooring and ceiling are unstable and presents
a danger to occupants and the surrounding area.
There is evidence of either termite damage or dryrot to the
cladding and structure members which substantiates that the
structure is in need of repair.
The existing cladding and roofing has deteriorated and
presents a danger as flying missiles in a wind storm.
Prior to any permit being issued for any repairs to this structure,
proper building plans sealed by an architect or engineer indicating
the structure meets all requirements of the Standard Building Code,
1991 Edition with revisions. The professional will also have to
advise in writing that this structure will meet the minimum
windload requirements of Section 1205 of the Standard Building
Code.
You must obtain a building permit and commence work within 60 days
from receipt of this letter. Completion of this project must be
within 60 days of issuance of the permit. If you have no intention
of renovating the structure, you must have the structure demolished
within 60 days from receipt of this letter.
This letter is being sent to all parties of record in order that
due notice has been given prior to the City taking further action.
If you have any questions concerniRg this matter, please do not
hesitate t~ give me a call at 407-589-5537.
Sincerely,
Director of Community Development/
Building official
BC/gk
bobcir.wp
Complete Items 1 ~ndlor 2 for additional aewlcee.
Print your name and address on the rever.a 'of this fon~ so
A~ach this form to the froni of the maiipiece or on the beck
Wgte "Ream Receipt Requested" on the mallp~ce ~low t~ a~le
T~e Return Receipl will show to whom ihs s~=le w~s deleting 1~
PS Form 3800, June 1~
I
$6 * Site Development .
I
enry Fischer & Sons Leasing, Inc. ,, ROadstorm &DrainageParking Lot· LandC°nstructi°nclearing
P.O, Box 780068 Sebastian, Florida 32978-0068
(407) 589-3159 . FAX: (407) 589r7731 ** FilIHeavyHauling, Equlpment & CompactiOnRentals i
January 7, 1994
Mr. Bruce Cooper
Community Development Di]~ector
City of Sebastian
P.O.Box 780127
Sebastian, FL 32978-0127
RE: Demolish existing buildings on Bob Circle
Dear Mr. Cooper:
The price includes abandonment of Septic Tank, all dumping fees and demolition
permit.
Demolition and Trucking
Abandon Septic & Permitting
Dumping Fees indian River County
$2,900.00
$325.00
$2.600.00
$5,825.00
We will need access from the adjacent property to the north in order to leave the
swale undisturbed, otherwise filling of the swale adjacent to Bob Circle will be
required to gain access. This will be at a cost of $335.00 to fill the swale for truck
access and re-excavate the swale. This price does not include sodding or seeding.
Sincerely,
Henry Fischer & Sons Leasing~ Inc.
CAC/dk
$6enry Fischer & Sons Leasing, Inc.
P.O. Box 780068 Sebastian, Florida 32978~0068
(407) 589r3159 · FAX: (407) 589-7731
· Site Development
Road & Parking Lot Construction
Storm Drainage · Land Clearing
· Fill Hauling & Compaction
· Heavy Equipment Rentals
Janua]y 12, 1994
Mr. Bruce Cooper
Community Development Director
City of Sebastian
P.O.Box 780127
Sebastian, FL 32978-01.27
RE: Demolition of Existing Buildings on Bob Circle
Dear Mr. Cooper:
As per our conversation of January 10, 1994, we would like to propose an
'alternate to the proposal submitted to you on January 7th. The options would be:
1. To eliminate the $2,600.00 dumping fee charge. This is an estimated figure
based on the possible tonnage removed fi'om the site. it is my opinion that due to the
condition of the deteriorated wooden structure, it would be in the city's best interest to
pay the actual dumping fees upon completion based on actual tonnage. This could
amount to a considerable savings to the city.
2. Eliminate the $335.00 charge to fill the swale for trUck access. You have
indicated that the property can be accessed from the north.
3. We have estimated the machine and truck time on the job. Should there be any
savings accrued by a rapid completion time, we will be more than happy to deduct this
fi'om the total cost.
Your comments on this matter will be greatly appreciated. Please feel free to
contact me. at 589-3159.
Sincerely,
CAC/dk
RESOLUTION NO. R-~-10
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, REQUIRING THE ABATEMENT AND DEMOLITION
OF AN UNSAFE STRUCTURE, PURSUANT TO SECTION 26-34 OF THE
CODE OF THE ORDINANCES AND SECTION 102.5 OF THE STANDARD
BUILDING CODE AND THE STANDARD UNSAFE BUILDING ABATEMENT
CODE, CONSISTING OF TWO STRUCTURES WITH APPROXIMATELY
1,196 SQUARE FEET, LOCATED ON THE EAST SIDE OF BOB
CIRCLE, NORTH OF COLUMBUS STREET, SOUTHEAST OF 'MAIN
STREET, WEST OF THE FLORIDA POWER AND LIGHT 100 FOOT
POWERLINE EASEMENT, LOCATED IN THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING A SEVERABILiTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the current owner, Terry L. Booher, has received
proper notice pursuant to the Standard Unsafe Building Abatement
Code; and
WHEREAS, the City of Sebastian has determined that the
structures are unsafe pursuant to the Standard Unsafe Building
Abatement Code and Section 26-34 of the Code of Ordinances; and
WHEREAS, the failure to remove said structures within a timely
fashion would jeopardize the public health, safety and welfare of
the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
seCtion 1.
LEGAL DESCRIPTION. The two structures are
located on real property at the east side of Bob Circle Street,
north of Columbus Street, southeast of Main Street, and west of the
Florida Power and Light 100 foot powerline easement, in the City of'
Sebastian, Indian River County, Florida, being more particularly
described as follows:
"Begin at a point Four and 52/100 chains South and Eight
and 93/100 chains West of North East corner of North East
quarter of Southeast quarter, Section 1, Township 31
South, Range 38 East. Run South One hundred feet thence
East one hundred feet thence North one hundred feet
thence West one hundred feet to the'point of beginning.
Said land now lying and being in Indian River County,
Florida and also know by its tax parcel I.D. 01-31-38-
00000-7000-003.0.
~ction 2. ABATEMENT OF STRUCTURES. The City Council
authorizes City staff to either demolish or allow the Indian River
County Fire Department to have a controlled burn for training
purposes to remove said structure, which all expenses incurred
during this process shall be paid by the owner of the property.
Section 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 4. SEVERABILIT¥. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said ,invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member . The motion was seconded by
Council Member
vote, the vote was as follows:
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert J. Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted on this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of the
City of Sebastian, Florida, that one public hearing was held on
this Resolution at 7:00 p.m. on the day of ,
1994, and that following said public hearing this Resolution 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
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589~5570
SUBJECT: Stormwater Discharge )
Permit Schumann Drive)
Drainage improvements)
)
)
)
Approved for Submittal By: )
)
)
City Manager ~'~'~ )
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
ENG/P~
01-12-94
01-26-94
Exhibits: H.F. Lenz Proposal
dated 1-11-94.
EXPENDITURE
REQUIRED: $3000.
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED: $3000
102-541-313
SUMMARY STATEMENT
Two bids were received through phone solicitation from two
engineers. Both Engineers have been associated with this project
since the onset. The original project engineering company's
estimate to prepare the permit application was for $3,970.
Another bid was received from H.F. Lenz Company of approximately
$3,000 less with price not to exceed of $3,000.
The project engineer had prepared the construction documents as
part of the original scope of services. However, permitting
requirements were not included since.he is on record that a
permit would not be required. Following one of my comments to
request a letter of determination, it was determined that a
permit would be required from STJRWMD. After unsuccessful
attempts to waive the permitting requirements according to
Florida statutes, ST John's insisted that a permit must be filed
prior to any construction. Application cost for the permit is
expected to be approximately $700. I felt that it was
appropriate to solicit bids from both the engineers of record
Mastellar and Molar and current principal for H.F. Lenz Company,
Stan Mayfield.
I solicited bids from two Engineering companys because it was
expected that the Engineering design fees would be less than
$10,000 and therefore an RFP is not required pursuant to F__S
,Chapter 287 Competitive Negotiation Act.
RECOMMENDED ACTION
Move to award the contract for engineering services to permit the
Schumann Drive drainage improvements not to exceed $3000 and
direct the City Attorney to review and approve the enclosed scope
of services.
H.F. LENZ
COMPANY
Stole 3(11
601 21st Street
Veto Beach, FL 32960
Phone: (,107) 562-1222
FAX: (,107) 778-3222
699 E. New I laven Ave.
bielbournc, FL 32901.
January 11, 1994
FIRST CLASS MAIL
Mr. Daniel C. Eckis, P.E.
City Engineer/Public Works Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject:
Professional Engineering Services necessary for Stormwater
Discharge Permit, Schumann Drive Drainage Improvements
City of Sebastian, Florida
I-IFL File No. 94120P
Dear Dan:
in accordance with our conversation, please consider the following
proposal to provide you with professional engineering services toward the
completion of the subject project.
REQUIRED SERVICES
1. Conduct preliminary meeting with St. Johns River Water Management
District (SJRWMD) to determine permitting requirements and options.
2. Conduct permitting strategy meeting with City of Sebastian
Engineering staff.
DeveloP exhibits, apPlications and prepare appropriate calculations for
submittal to SYRWlV~ toward acquisition of stormwater discharge
permit.
4. Follow-up meetings with SJ'RWMD and response to requests for
information (RAI's) by SJRWMD and City Engineering staffs.
We propose to provide you with the outlined services above at an hourly
rate specified in section (g) of this proposal on a time and materials
expensed basis. Total cost shall not exceed $3,000.00 unless authorized by
FIG
H.F. LENZ Mr. Daniel C. Eckis, P.E.
COMPANY January 11, 1994
Page 2
GENERAL CONDITIONS
All items not specifically set forth in this proposal are excluded. In
addition, any expansion of the scope of work or major revisions which may
be required by any new rules or regulations enacted subsequent to the date
of this proposal, are not included.
a) Billing
Billing will be as follows: Fees incurred shall be billed monthly based
upon the engineer's estimated percentage of the total project services
completed to that date or on a time and materials expended basis,
whichever is applicable.
b) Subcontractor Services
As provided for by State Statutes.
c) Scope of Work
The scope of work as outlined above is based on our estimate of the
normal engineering surveying services necessary. However, should the
need arise for additional work by virtue of revisions or redesign
required by owner/client or any governmental reviewing agency having
jurisdiction, then additional billing will be renegotiated to the
satisfaction ofboth parties.
d) Payment of Fees
Payment of all fees for services rendered shall be received within thirty
(30) days of billing This project and the anticipated fees are predicated
upon the prompt and continual satisfaction of our monthly invoices.
e) Release/Reuse of Documents
All documents including drawings, disks, specifications and reports
prepared or furnished by H.F. Lenz Company (engineer) or engineer's
independent professional associates and consultants pursuant to this
agreement are instruments of service in respect of the project and
engineer shall retain all ownership and property interests therein,
I
i FI_
H.F. LENZ
COMPANY
Mr. Daniel C. Eckis, P.E.
January 11, 1994
Page 3
whether or not the project is completed. To that end, engineer will
execute a copyright notice upon any document prepared by engineer in
connection with this project. All original documents shall remain the
sole property and in the sole possession of engineer. Owner/client will
be provided and may retain copies of said documents for his use and
information; however, said documents are not intended or represented
to be suitable for reuse by owner/client or others on extensions of the
project or on any other project. Any reuse without express written
verification or adaptation by engineer for the specific purpose intended,
will be at owner/client's sole risk and without liability or legal exposure
to engineer or to engineer's independent professional associates and
consultants.
O Limitation of Liability
As provided for by State Statutes.
g) Additional Work Performed
Any and all work performed, other than that expressly delineated within
this general contract, shall be billed at the following job classification
and rates, as applicable:
g) Additional Work Performed (continued)
Principal of Firm
Project Manager or Project Engineer
Project Designer or cAD Draftsperson
Project Surveyor
Survey Field Coordinator
Survey Field Crew
Construction Observer
Administrative (typing, etc.)
$ 75.00/hr.
$ 65.00/hr.
$ 50.00/hr.
$ 60.00/hr.
$ 50.00/hr.
$ 75.00/hr.
$ 45.00/hr.
$ 35.00/hr.
No additional work shall be undertaken except upon authorization of
owner/client.
i
H.F. LENZ Mr. Daniel C. Eckis, P.E.
COMPANY January 11, 1994
Page 4 I
h) Representations Relating to Work Performed
The plans, designs and documents which are subject to this contract
shall be prepared in a professional manner consistent with the
profession's "Normal Standard of Care". Nevertheless, no
representations or warranties are made or implied as to the success,
approval or the issuance of permits on any application submitted by
owner/client based in whole or in part upon the plans, designs or
documents prepared by H.F. Lenz Company.
Backcharges will not be accepted by H.F. Lenz Company unless we
provide written agreement covering all corrective action and the total
amount ofbackcharge necessary to accomplish the corrective action.
i) Reimbursables
1) Print Costs
One (1) set of prints and one (1) copy of any report developed during
the project is included within the fees quoted above for 1) all permit
applications; 2) all approval applications; and 3) owner/client, unless
otherwise agreed. All other photo copies, prints and facsimile
transmissions will be billed at the following rates; Photo copies 8-1/2"
x 11" - $0.2$/sheet; photo copies 8-1/2" x 14" - $0.35/sheet; photo
copies oversized $0.50/sheet; blue line prints - $0.333/SF;
reproducible sepias - $0.75/SF; reproducible mylars - $4.40/SF; and
facsimile transmissions 8-1/2" x 11" - SI.SO/page and 8-1/2" x 14" -
$1.7$/page.
2) Miscellaneous - Express Mail, Telephone, Travel
If at any time information must be transmitted by express mail, these
charges will be included on your monthly invoice at actual invoice cost.
In addition, reimbursement for expenses such as telephone, travel,
lodging, meals, etc. will be at actual costs incurred, but not to exceed
the limits established by Chapter 112, Florida Statutes.
FiG
H.F. LENZ
COMPANY
Mr. Daniel C. Eckis, P.E.
January 11, 1994
Page 5
j) Price Guarantee
Prices quoted are firm for sixty (60) days from the date of this
proposal.
k) Compliance with Agency Regulations
All work will be performed in accordance with applicable city, county
and state regulations relative to the proposed project.
1) Assignment and Termination
While binding upon the parties, their successors or assigns, this
contract may not be transferred or assigned without the written consent
of both parties. Owner/client or engineer shall have the right to
terminate this contract for any breach hereof after ten (10) days written
notice. H.F. Lenz Company shall be compensated for services
performed and expenses incurred to termination date.
Once again, we sincerely thank you for this opportunity to offer the
services of our firm and we look forward to working with you on this
project.
If these conditions and this proposal meet with your approval, please
execute this agreement in the space provided below and return one (I)
copy of this letter as our formal Authorization to Proceed. This project, if
authorized will be performed with due diligence, subject to acts of God,
etc., beyond our control.
Sincerely,
H.F. LENZ COMPANY
Pnnclpal ~
94120P.ka
cc: G.W. Wallace, P.L.S.
FIG
H.F. LENZ
COMPANY
Mr. Daniel C Eckis, P.E.
January 11, 1994
Page 6
ALITHOR!ZATION TO PROCEED
DATE SIGNATURE
COMPANY TITLE
ADDRESS
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589~5330 [] FAX (407) 589-5570
SUBJECT:
Park Place/Palm Lake Club
Interconnection with the City
Water Distribution System
Approval for Submittal By:
City Manager:
Agenda No. ~¢~5Z
Dept. of Origin Utilities
Utilities Director
Date Submitted: January 19, 1994
For Agenda Of: January 26, 1994
Exhibits: Hartman & Associates,
inc. Proposal
EXPENDITURE
REQUIRED: $6,950
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED: $6,950
(Water impact fees to fund
this project)
SUMMARY STATEMENT
Now that the City of Sebastian owns the former General
Development Utilities water system, the city can connect the Park
Place/Palm Lake Club water system to the Sebastian Highlands water
system by installing a 10" water main approximately 2,000 feet
long. Once the water main is installed, the existing Park Place
water plant will be taken out of service. This will save the
Utilities Department the cost of operating and maintaining two
water plants and meeting all of the testing and permitting
requirements for two independent systems.
At my request, Hal Schmidt has'Prepared the attached proposal
to design, permit, certify, and prepare record drawings for
installation of the water main at a total cost of $6,950.00. Once
the design and permitting is completed, the construction portion of
the project will be let for bids. Water impact fees from the Park
Place system will be used to fund the water project.
RECOMMENDED ACTION
Move that the City Council appropriate the funds in the amount
of $6,950 and approve the Hartman & Associates proposal to provide
engineering services for the Park Place/Palm Lake Club water system
interconnection project.
engineers, hydrogcologists, surveyors & management consultants
January 18, 1994
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject:
HAI ~/92-023.12
'Barber Street (tim Stratton Avenue) 10-inch Water Main Project - Park
Place/Palm Lake Club Interconnect, on with City Water Distribution System
Dear Mr. Votapka:
This proposal is to design, .permit, inspect, certify and prepare record drawings for the
installation of a 10-inch PVC DR 18 water main with fire hydrants from the Park Place Water
Treatment Plant (WTP) site to the existing 6-inch looped water main on Barber Street. The
water main will be approximately 2,000 feet long and shall include all valving, hydrants and
appurtenances necessary to properly interconnect the Park Place/Palm Lake Club system with
the City's. water distribution system.
Our engineering proposal for these services is as follows:
1. Field surveys - $1,580.
Jarn¢~ E, ChtislopheL
Charles w, Drake,
Mark A, Rynning.
Engineering design and specifications and shop drawing review - $3,500.
Florida Department of Environmental Protection (FDEP) permit fee - $500.
FDEP permit preparation - $250.
Project testing inspection and wimessing of pressure tests, and receipt of bacteriological
Sampling to be forwarded to FDEP for clearance of the project - $500.
The assumption is that day-to-day inspections would be conducted by the City of
Sebastian as warranted and that Hartman & Associates, Inc. (I-iAI) would provide
services at the project testing and completion standpoint - $ N/A .
Project certification and record drawings - $620.
Total Engineering Services -
$6,950
201 EAST PINE STREET · SUITE 1000 · ORLANDO, FL 32801
TELEPHONE (407) 839-3955 · FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. R/chard B. Votapka, P.E.
January 18, 1994
Page 2
The schedule for this project would involve one (I) month for design, one (1) month for
permitthag, sixty (60) days for construction, and twenty (20) days for testing, clearance and
project completion.
The above represents our estimate of a normal work schedule and completing the assignment.
If the City wishes to expedite the assignment, this can also be accomplished.
In addition, our General Provisions for design, bidding and construction services are provided
in Attachment "A" and made a part of this Agreement.
I will be the Principal-in-Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVoir, II, P.E., and Ms. Jill A. Manning for the duration of the
project. As with all our projects with the City, we are committed to provide a quality and
cost-effective project.
'If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Very truly yours,
I llartman & Associates, Inc.
arold E. schmidt,"Yr-:~P.E."
I Vice President
Accepte~, by:
Date:
HF.3/ch
P14/Votapka. 12
Attachment
ATTA CHIVIE~ "A"
GENERAL PROVISIONS
Design Phase, ENGINEER shall:
Attached to and made a part of LET'I3ER
AGREEMENT, dated January 17, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in re. sp~t of the
Project described therein.
SECTION 1-BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform for OWNER
professional engineering services in all phases of the
Project to which this Agreement applies as
hereinafter provided. These services will include
serving as OWNER's professional engineering
representative for the Project, providing professional
eogineering consultation and advice and furnishing
customary civil, structural, mechanical mad electrical
engineering services and customary architectural
services incidental the4v, to.
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and charnel__ r of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional data or
services of-..the types describe_xl in the first
subparagraph of paragraph 3.2 are necessary and
assist OWNER in obtaining such data and service&
1.2.4. Based on the information contained in the
pr~liminasy design documents, submit aa opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them ia person with OWNER.
1.3. Final Design Phase.
After written authorization to proceed with the Final
HES/ch
P 14/Votapka. Scp - 1
1.3.1. On the bazis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be furnished and performed
by Contractor(s) (hereinafter called 'Drawings') and
Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Iustitute).
1.3.2. Provide teclmi~ criteria, written
descriptions and de.sign data for OWNER's use ia
filing applications for permits with or obtaining
approvals of such govermneatal authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER in consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the
latezt opinion of probable Total Project Costs caused
by changes in general scope, extent or character or
design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of
probable Total Project Costs based on the Drawings
and Specifications.
1.3.4. Prepare for review and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the
Engineers' Joint Contract Documents Committee),
and assist in the preparation .of other related
documents.
1.3.5. Furnish five copies of the above documents
and of the Drawings and Specifications and present
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
After writlea authorization to proca~ with the
Bidding or Negotiating Phase, ENGINEER shall:
1.4.1. Assist OWNER in advertising for and
obtaining bids for each seImate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend prebid conferences and
receive sad proces.s deposits for Bidding
Documents.
1.4.2. issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called 'Contractor(s)') for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consult' with OWNER concerning and
determine the acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare bid
tabulation gaoels and assist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
1.5. Construction Phase.
During thc Construction Phase:
1;5.1. General Administration of Constr_~.ion
Contract. The OWNER has the right to approve
which of the ENGINrEER's employees or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract Documents Committee. The extent sad
limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. All of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to art on beimlf of OWNER to the extent provided
in radd Standard General Conditions except as
otherwise provided in writing.
1.5.2. lrtsits to Site and Observation of
Construction. In connection with observations of
the work of Contractor(s) while it is in progress:
HES/ch
P 14/Votapka. Sop -2-
1.5.2.1. ENGINEER shall make two (2)
visits to the site. Based on information
obtained during such visits sad on such
observations, ENGINEER shall endeavor
to determine in general if such work is
proceeding in aceordance with the Contract
Documents and ENGINEER shall keep
OWNER informed of the progress of the
work.
1.5.2.2. The purpose of ENGINEER's
visits to and representation by the Resident
Project Representative (and assistants, if
any) at the site will be to enable
ENGI2qEER to better carry out the duties
sad responsibilities assigned to and
undertaken by ENGINEER during the
Construction Phase, and, in addition, by
exercise of ENGINEER's efforts as au
experienced and qualified design
professional, to provide for OWNER a
greater degree of confidence that the
compleled work of Contractor(s) will
conform generally to the Coatracl
Documents and that the integrity of the
design concept as reflected in the Contract
Documents has been implemented and
pre, fred by Contractor(s). On the other
hand, ENGINEER shall not, during such
visits or as a result of such observations of
Contractor(s)' work in progress, supervise,
direct or have control over Contractor(s)'
'work nor shall ENGINEER have authority
over or responsibility for the means,
methods, techniques, sequences or
procedures of construction selected by
Contractor(s), for safety precautions and
programs incident m_ the work of
Contractor(s)or for any failure of
Contractor(s) to comply with laws, rules,
regulations, ordinances, codes or orders
applicable to Contractor(s) furnishing, and
performing their work. Accordingly, the
ENGINEER shall notify the OWNER of
say deficiencies regarding any of the above
referenced items.
1.5.3. Defective Work. During such visits and on
the basis of such observations, ENGINEER may
disapprove of or reject Contractor(s)' work while it
is in progress if ENGINEER believes that such work
will not produce a completed Project that conforms
generally to the Contract Documents or that it will
prejudice the integrity of the design concept of the
Project as reflected in the Contract Documents.
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interpretations and
clarifications of the Contract Documents and in
eonnez:tion therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the 'Projoet and compliance with the
information given in the Contract Doculx~ats. Such
reviews and approvals or other action shall not
extend to means, me~aods, teehnlques, sequences or
procedures of construction or to safety precautions
and programs ineideat thereto.
· 1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contraaor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGI]q'EER shall
have authority, as OWNER's representative, to
require upon approval by the OWNER's
representative, special inspection or testing 'gl the
work, and shall rex~ive and review all certificates of
inspections, lc.stings and approvals required by laws,
rules, regulations, ordinances, codes, orders or the
Contract Documents (but only to determine
generally that their content enmplies with the
requirements of, and the results certified iadicat~
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGINEER's' on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Rapresentative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINI~ER shall de~rmine the
amounts owing to Contractor(s) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recomrmmdations of payment will
consfitu~ a rop~tafien to OWNER,
based on such observations and review, that
the work has progressed to the point
HES/eh
P14/Votapka. Scp
-3-
1.5.9.
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, the quality of such work is generally
in accordance with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests called for ia the
Contract Documents and to any other
qualifications start in the
recommendation). In the ease of unit price
work, ENGINEER's recommendations of
payment will include final deXer~inatious
of quanfiti~ and classifications of such
work (subject to any subsequent
adjnstmeats allowed by the Contract
Documents).
1.5.8.2. By roeommending any payment
ENGINEER will not thereby be deemed to
have represented that. exhaustive,
eontinuons or detailed reviews or
examinations have been made by
ENGINEER. to check the quality or
quantity of Contractor(s)' work as it is
fumishod and l~fformed beyond the
responsibilities s'p~ifi~y assigned to
ENGI3rEER in this Agreement and the
Contract Documents. ENGI2q'EER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGINEER responsibility
to Sul~rvise, direct or control such work or
for the means, methods, techniques,
sequences, or procedures of construction or
safety procautions or programs incident
thereXo or Contractor(s) compliance with
laws, roles, regulations,, ordinances, codes
or orders applicable to their furnishing and
p~fforming the work. It will also not
impose responsibility on ENGINEER to
make any examination to ascertain how or
for what purposes any Contractor has ~
the moneys paid on aecountof the Contract
Price, or to de~z~rmine that title to any of
the work, materials or equipmeat has
passed to OWNER fr~e and clear of any
lien, claims, security interests or
eacambrane~, or that there may not b~
other maters at issue be. twe~a OWNER and
Contractor that might affect the amount that
should be paid.
Contractor(s) 'Completion Documents.
ENGINEER shall receive and review maintensmce
and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and
approvals which are to be assembled by
Contractor(s) in accordance with the Contract
Documents (but such review will only be to
determine that their content complies with the
requirements of, and in the ease of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents);
and shall transmit them to OWNER with written
1.5.10. Inspections. ENGINEER shall conduct aa
inspection to de~ermine if the work is substantially
complete and a final inspection to determine if the
completed work is acceptable so that ENGINEER
may recommend, in writing, fixml paymeat to
Contractor(s) and may g/ve written notice to
OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein
expressed), but any such recommeadation and notice
will be subject to the limitations expre.~M in
paragraph 1.5.9.2.
1.5.11. Limitation of responsibilities. ENGINEER
shall not be res~nsible for the acts or omissions of
any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s)' or subcontraetor's or
supplier's agents or employees or any other persons
(except ENGINEER's own employees and ag~ts) at
the site or otherwise furnishing or performing any of
the Contractor(s)' work; however, nothing contained
in paragraphs 1.5.1 thxough 1.5.1 1, inclusive, shall
be constm~ to release ENGINEER from liability
for failure to properly perform duties and
responsibilities assumed by ENGINEER in the
Contract Documents.
SECTION : 2-ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services
do not include service ia resix~t of the following
categories of work which are usually referred to as
Additional Services.
2.1.1. If OWNER wisho, s ENGINEER to
perform any of the following Additional
$~rvices, OWNER shall so instinet
ENGINEER in writing, and ENGINEER
shall perform or obtain from others such
services and will be paid therefor as
provided in the Letter Agreement:
HES/ch
P 14/Votapka. Sep
-Preparation of applications and supporting
documents for governmental fmsmcial
support of the Project in addition to those
required under Basic Services; preparation
or review of environmental studies and
related services; and assistance in obtaining
environmental approvals.
-Services to make measured drawings of or
to investigate existing conditions or
facilities.
-Services resulting from significant changes
in the general scope, extent or character of
the Project or major changes ia
documentation previously accepted by
OWNER where changes are due to causes
beyond ENGINEER's control.
-Providing renderings or models.
-Preparing doouments for alternate bids
requested by OWNER for work which is
not executed or for out-of-sequence work.
-Detailed consideration of operations,
maintenance and overhead expenses; value
engineering and the preparation of rate
schedules, earnings and expens~ statements,
cash flow and economic evaluations,
feasibility studies, appraisals and
valuations. Fumishlng the s~rviees of
independent professional asso~iate, s or
consultants for other than Basic Services.
-If ENGINEER's compensation for Basic
Services is not on the basis of Direct Labor
or Salary Costs, sorvices resulting from the
award of more tlma one prime contract for
construetio,~, materials, equipment or
s~rvices for the Project, or from the
construction co,~tra~t containing cost pins
or incentive-savings provisions for
Contractor's basic coition, or from
arranging for performance by persons other
than the principal prime contractors or from
administering OWNER's contracts for such
-Services in connection with field surveys
for design purposes smd engineering
surveys and staking out the work of
Contr~;tor(s).
-S~rvie, e,s during out-of-town travel other
than visits to the site.
-Prepa~tion of oporating and maiateasmce
mRllRalS. ~
-PrepaYs to s~rve or serving as a
consultant or witness ia ~my litigation,
~a-bitrafinn or other legal or m;lmlnistrative
proceeding ex,pt where required as part of
Basic Services.
2.1.2. When required by the Contract Documents
in circumstances beyond ENGINEER's control,
ENGINEER shall perform or obtain from others any
of the following Additional Services as
circumstances require during construction and
without waiting for specific instructions from
OWNER, and ENGINEER will be paid therefor as
provided in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commensurate with the
additional sorvi~s rendered,
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
-Services resulting from significant delays, changes
or price increases oceurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or extended services during construction
made necessary by (1) work damage by fire or other
muses during constmetlon, (2) a significant mount
of defective or neglected work of any Cent .r.a.e. tot,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3-OWNER'S RF_3PONSIBILIT~
3.1. OWNER shall provide all criteria and full
information as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
=Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property.
-Provide such legal, accounting, independent ex)st
estimating and insurance counseling services as may
HES/ch
P 14/Votapka. Sep -5-
be required for the Project, any auditing service
required in re~oect of Contractor(s)' applications for
payment, and any inspection services to delermine if
Contractor(s) are performing the work legally.
-Permit fees.
-Survey of site and routes.
3.3. OWNER shall pay all costs incident to
obtaining bids or proposals from Contractor(s).
SECTION 4-MEANING OF TERMS
4.1. Az used herein the term 'this Agreement'
refers to the Letter Agreement to which those
General Provisions are attached.
4.2. The construction cost of the entire Project
(herein referred to as 'Construction Cost') means
the total cost to OWN'ER of those portions of the
enti~ Project de.~igned and specifi~ by
ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-
of-way, or coition for or damages to,
properties unless this Agr~ment so specifies, nor
will it include OWNF_~'s legal, ~2.otmting,
inmrance coun~Iing or ,,uditing s~rvices, or interest
and financing charges incurred in connection with
the Project or the cost of other sorvices to be
provided by others to OWNER pursuant to
paragraph 3.2. [Construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: transportation and subsistence
incidental thereto; obtaining bids .or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
telephone calls and telegrams; reprodUCtion of
reports, Drawings, Specifications, Bidding
Documents and similar Project-related items in
addition to those required under Section 1; and if
authorized in advance by OWNER, overtime work
requiting higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
Any reuse, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the Specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall
indemnify and hold harmless ENGINEER from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGI'N~ER has no control over the cost of
labor, materials,' equipment or services furnished 'by
others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Co~t
provided for herein are to be made on the basis of
ENGINEER's experience md qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER caunot and does not guarantee that
proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independe~..: cost
estimator ~s provided in paragraph 3.2.
BNGINEER's services to modify the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by OW mV..
5.3. Other Provisions Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3.1.1 For Basic Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section 1 on the basis set forth in Exhibit A
'Hartman & Assoeiate~, Inc. Hourly Rate Table'
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additiomd Services
rendered under .%ction 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
HES/¢h
P 14/Votapka. Sop
5.3.1.3. Reimbursable Expenses. ha
addition to the payments provided for ia paragraphs
5.3. i. 1~ and 5.3.1.2, 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 Services. Reimbursable
expenses mean the actual expenses recurred 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;
5.3.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
reodered and for Reimbursable g~xpe, oses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services md ex~ within thirty
days after receipt of ENGINEER's statement
therefor, ~__
,u:~:_,u... a_y, -----4 --;~-e~-:'-:=, ENGINEER may,
after giving seven day's writl~n notice to OWNER,
suspend services under this Agreement until
ENGINEER has been paid in full all ~mounts due
for services, expenses and charges.
5.4. Termination.
. The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expens~
and termination expenzes. The OWNER enters into
this AGREEMENT based upon the experience and
competency of principals and employees of
ENGINEER as of the date of this AGREEMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the part, ers, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 5.6.2 the assigns of OWNER and
ENGINEER) ar~ hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and raid assigns) of such other party, in re. spoet of
all covenants, agr~ments and obligations of this
Agreement.
5.6.2. Neither OWNER nor ENGI31EER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
-7-
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary m any written
consent to aa assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained ia this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
constmod to give any rights or benefits in this
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive beaefit of OWNER and
ENGINEER and not for the benefit of any other
party.
[The remainder of this page was left blank intentionally.]
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
G. C. Hartman Principal, P.E. 5108.00
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, Proje~ Manager, P.E. ~92.83
M, i. Luke Principal, Project Manager, P.L,S. S92.83
R.J. Ori Financial Manager, CPA, MBA $85.67
J.W. Vogt Engineer VIII, P.E. ~70,09
W,D. Musser Engineer VIII, P.E. 670.09
T.A. Hochuli Engineer VIII, P.E. ~70.09
S. C. Quinlan Engineer VI, P,E. $61,67
W. B. Lafrenz Hydrogeologist VI, P.G. $61,02
M. Alawi Engineer VII, P.E, ~58.40
G.J, Revoir Engineer V, P.E. $54.68
A.T. Woodcock Engineer V, P.E. $53.33
D. P. Dufresne . Hydrogeologist V, P.G. $53.~
-R. K~ Cashe Engineer V, P.E. S51.30
T. J. Sievers Hydrogeologist IV $51.27
J. J. Burgiel Senior Rate Analyst ~49.98
C. L. Harrouff Administrative Assistant ~49.95
R. C. Copeland Senior Rate Analyst, MBA S48.68
J. D. Fox Engineer IV $47.12
at-excel/Hrlyrate/2-7Spc. Sch
Updated 1/4/94
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
A. T. Gawad Engineer IV $46.98
================================ .::: f:;;;~::-:-::~, , ::"'::;;;;:;?:?:i:~::-:,::!:!:i:::i":~i~;~;:;,';:;;:;,'-::':'--*':~ ~.:~ :::::~;;;;~;;:;.::~:-:!:!::,c~..
T.E. La,on Engineer IV $46.74
K, Wulff Engineering Design III S45,23
A.K. Gay Engineer IV S44.90
G.R. Cra~ord Engineer IV, P.L.S. ~42.53
C.E. Canada Engineering Technician III ~40.S0
F.A, Brinson Engineer III S38.07
S. G. Neumeyer Engineering Technician III $38.07
R. H. Nelson Engineering Technician III ~35.91
~,,.,: ~:~. · ~, ~'~;:, _ ,,: ~
M. J. Hud~ns Engineer Iii $35.6~
W, Wasson Hydrogeologist II ~35,69
C. M. GayIord Senior Word Processor ~35.64
T, A. Calzare~a Engineering Technician III $35.10
.................... >~:~", ...............
L.W. Mitchell Engineer II 635.10
............... ,~~~ ..........................
D, Jiskoot Engineering Technician III $34.70
K; R, Liebknecht . Survey Crew Chief/Survey Technician II $33.48
,S.M; Fensterer Su~ey Crew Chief/Su~ey Technician II $32.81
J.A. Manning Engineer II $32.40
J. Warner Engineering Technician II S32.40
-
J.~. ~ave, ~n~in**rin~ l,chni¢ian II ~32.40
E. Jenkins Survey Technician II S32.40
~ ,~, . -. ,~,:-,..-. ~ ,,:
t-excel/H rlyrate/2-?Spc. Sch
pdated 1/4/94
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
J.A. Baker Senior Word Processor $31.32
A. R. Terrero Word Processor $29.97
L. M. Looney Word Processor ~29.16
F. Gidus Hydro Technician II $28.35
C. C. Tomlinson Assistant Rate Analyst $27.81
P,N. ~lliamson Survey Technician II ~27.68
C,A. Laure~a Word Processor $27.14
H. ~. Cox ~n~in,or II $27.00
~ ...... ., .-~.:.~~~ '.~
~.D. T~et~r~ Word ~roe,s~or ~27.00
C.W. Hardin Engineering Technician II ~27.00
C.W. Sachet Word Processor $24.30
S.D. Clatche~ Survey Technician I ~23,63
D. Trussell Word Processor $21.60
L.E. Benne~ Survey Technician I $20.93
M. Taglor ~eproduction/Courior Suppo~
S, Simon Reproduction/Courier Suppom 020.25
S.~ C. Cobe~ Engineer I $19.44
T.A. Egge~on Secretarial Suppo~ $1 8.90
C. Cuevas Secretarial Suppo~ $17.69
E. Cuevas Reproduction/Courier Suppom $17.55
at-excel/Hrlyrate/2-TSpc. Sch
Updated 1/4/94
City of Sebastian
POST OFFICE BOX 780127 L; SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT, ) Agenda No. ~' ~
)
Interconnection of Park Place/ ) Dept. of Origin Utilities
Palm Lake Club Wastewater
System with the Sebastian
Highlands System
Approval for Submittal By:
City Manager:
) Utilities Director
)
) Date Submitted: January 19, 1994
)
) For Agenda Of~ January 26, 1994
)
) Exhibits: Hartman & Associates,
Inc. Proposal
EXPENDITURE
REQUiRED~ $21,260
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED: $21,260
(Wastewater Impact Fees
to Fund this Pr~..gct)
SUMMARY STATEMENT
Although Indian River County transferred the Park Place/Palm Lake Club
wastewater collection system to the City on May 1, 1993, the County will continue
to provide wastewater treatment until such time as the was%ewater is diverted to
the City's (formerly GDU) Sebastian Highlands Wastewater Treatment Plant. The
existing County lift station on Barber Street will have to be modified, and
approximately 6,4~ feet of sewage force main would have to be installed to the
point of connection at the Pelican Island Elementary School. A lift station
would have to be constructed at the northeast corner of Palm Lake Club and
approximately 5~ feet of force main to divert flows from Breezy Vil. lage and New
Horizon Mobile Home Park within the County and situated to the north of Palm Lake
Club.
At my request, Hal Schmidt of Hartman & Associates, has prepared the
attached proposal in the amount of $21,260 for all engineering services. Funds
will ultimately come from sewer impact fees which are currently held by Indian
River County, since the County provides treatment. A loan for the costs of
engineering and construction must come from other water and sewer funds at this
time. The County will not transfer the impact fees to the City until the system
is disconnected from the County and the City provides treatment.
RECOMMENDED ACTION
Move that the City Council appropriate the funds in the amount of $21,260
and approve the Hartman& Associates proposal to provide engineering services for
the "Interconnection of the Park Place/Palm Lake Club" Wastewater System with the
Sebastian Highlands wastewater system.
engineers, hydrogeologists, surveyors & management consultants
January 18, 1994
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebasthn
1225 Main Street
Sebastian, Florida 32958
HAI Mark A. Rvnmng.
!
g92-023.10.,~,,o ~:, ~c,m,,,,.,r.,:
1
Subject:
Park Place lnterconnection to General Development Utilities, inc. (GDU)
Wastewater System at the Pelican Island Elementary School
Dear Mr. Votapka:
This letter constitutes Hartman & Associates, Inc.'s (I-IAI's) engineering proposal to design,
permit, inspect, certify and prepare record drawings for the installation of a 6,400 foot long,
6-inch DR.25 PVC force main from the existing lift station located east of the entrance to Park
Place to the 8-inch force main on Schumann Drive near the Pelican Island Elementary School
and a new lift station at the northeast corner of Palm Lake Club with approximately a 500 foot
long force main along the west side of the FEC railroad right-of-way to existing Indian County
force main in the Barber Street right-of-way. This project will require the refurbishment of
the existing Park Place pumping station. The improvement will provide for the
interconnection and conveyance of wastewater from Palm Lake Club, Park Place and other
flows from the system in the general vicinity of the force main in the future.
The engineering costs for this project are as folloWs:
1. Field Surveys - $5,000.
Final design drawings and specifications and shop drawing review - $13,800.
Florida Department of Environmental Protection (FDEP) permit application fee - $500.
Permit preparation - $250.
Two (2) days of field inspection and testing with follow-up reports to the City -
$1,000.
201 EAST PINE STREET · SUITE 1000 ° ORLANDO, FL 32801
TELEPHONE (407) 839-3955 · FAX (407) 83%3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
January 18, 1994
Page 2
6. Project certification and record drawings with proper submittals to FDER and
reproducible drawings provided to the City of Sebastian. HAl will provide
reproducible mylars of our work and the originals of our specifications to the City of
Sebastian on this project. - $710.
Total Engmeering Fee - $21,260
The schedule for this assignment will include one (1) month for design, one (1) month for
permitting, and four (4) months for construction.
In addition, o~ ~G.e_neral Provisions for design, bidding and construction services are provided
in Attachment A and made a part of this Agreement.
I will be the Principal-in-Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVolt, ii, P.E., and Ms. Jill A. Manning for the duration of the
project. As with all our projects with the City, we are committed to provide a quality and
cost-effective project.
If this proposal is .~atisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Very truly yours,
Vice .President
Accepted by:
Date:
ffES/ch
P14/Votapka. 10
Attachment
GENERAL PROVISIONS
ATTACHMENT "AN
Design Phase, ENGINEER shall:
Attached to and made a part of LETTER
AGREEMENT, dated January 17, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION I-BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform for OWNER
professional engineering services in all phases of the
Project to which this Agreement applies as
hereinafter provided. These s~n, iees will include
serving as OWNER's professional engineering
representative for the Project, providing professional
engineering consultation and advice and furnishing
customary civil, structural, mechanical and electric, al
engineering services and customary architectural
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and chamgter of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final de,sign criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional, data or
services of' .the types described in the first
subparagraph Of paragraph 3.2 are necessary and
assist OWNER in obtaining such data and services.
1.2.4. Based on the information contained in the
preliminary design documents, submit an opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them in person with OWNER.
1.3. Final Design Phase.
After written authorization to proceed with the Final
ES/Ch
14/Votapka2.Scp -1-
1.3.1. On the basis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be furnished and performed
by Contractor(s) (hereinafter called 'Drawings") and
Specifications (which will be prepared in
conformance with the sixteen divisi°n format of the
Construction Specifications Institute).
1.3.2. Provide t~hnical crit~ia, written
descriptions and de, sign data for OWNER's use in
filing applications for permits with or obtaining
approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER in consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the
late. st opinion of probable Total Project Costs caused
by changes in general scope, extent or character or
design requirements of the Project or Construction
Costs. Furnish to OWN'~R a revised opinion of
probable Total Pwject Costs based on the Drawings
and Specifications.
1.3.4. Prepare for r~view and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the
Engineers' Joint Contract Documents Committee),
and assist in the preparation 'of other related
documents.
1.3.5. Furnish five copies of the above documents
and of the Drawings and Specifications and pre.sent
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
After written authorization to proceed with the
Bidding or Negotiating Phase, ENGINEER shall:
1.4.1. Assist OWNER in adv~'tising for and
obtaining bids for each separate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have be~n issued, attend prebid conferences and
receive and process deposits for Bidding
Documents.
1.4.2. Issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called 'Contractor(s)') for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consu/t with OWNER concerning 'and
determlnc thc acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the awaxd of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare bid
tabulation sheets and assist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
1.5. Construction Phase.
During the Construction Phase:
1.5.1. General Administration of Co~tr-uction
Contract. The OWNER has the right to approve
which of the ENGINEER's employes or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract DOeumeats Committee. The extent and
limitations or the duties, responsibilities and
authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. All of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to act on behalf of OWNER to the extent provided
in said Standard General Conditions except as
otherwise provided in writing.
1.5.2.
lf~sits to Site and Observation of
Construction. The City shall provide all
construction site inspection services
associated with this project. The
HES/ch
P 14/Votapka2.Scp
-2-
ENGINEER shall provide these services at
the request of the OWNER.
1.5.3. Defective Work. During such visits and on
the basis of such observations, OWNER may
disapprove of or reject Contractor(s)' work while it
is in progress if OWNER and ENGINEER believes
that such work will not produce a eompleaexl Project
that conforms generally to the Contract Documents
or that it will prejudice the integrity of the design
concept of the Project as reflected 'in the Contract
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interpretations and
clarifications of the Contract Documents and in
connection therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
re. zpect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the Project and compliance with. the
information given in the Contract Documents. Such
reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or
proc~ures of construction or to safety precautions
and programs incident thereto.
1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contractor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGINEER shall
'have authority, as OWNER's representative, to
require upon approval by the OWNER's
represeatative, special inspection or testing of the
work, and shall receive and review all certificates of
inspections, testings and approvals required by laws,
rules, regulations, ordinance, s, codes, orders or the
Contract Documents (but only to determine
generally that their content complies with the
requiremeaats of, and the results certified indicate
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGiNEER's on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Representative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINEER shall determine the
amounts owing to Contractor(s) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recommendations of payment will
constitute a representation to OWNER,
based on such observations and review, that
the work has progressed to the point
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, .the quality of such work is gnnerally
in aceoMauce with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests c. ailed for in the
Contract Documents and to any other
qualifications stated in the
rec~mmelldation). In the e4tse of unit price
work, ENGINEER's recommendations of
payment will include final de, terminations
of quantifies and classifie~ons of such
work (subject to stay subsequent
adjustments allowed by the Contract
Docomeats).
1.5.8.2. By recommending any payment
ENGINEER will not thereby be dee~gl to
have represented that exhaustive,
continuous or detailed reviews or
examinations have been made by
ENGINEER to check the quality or
quantity of Contractor(s)' work as it is
famished and performed beyond the
responsibilities specific~y assigned to
ENGINEER in this Agreement and the
Contract Documents. ENGINEER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGI]qI~ER responsibility
to supervise, direct or control such work or
for the means, ine~ods, techtfiques,
sequences, or procedures of construction or
safety precautions or programs incident
there, to or Contractor(s) compliance with
laws, rules, regulations, ordinances, codes
or orders applicable to their furnishing and
performing the work. it will also not
impose responsibility on ENGINEER to
make any exsmlnation to $3r. ertain how or
for what purposes any Contractor has used
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4/Votapka.2.Scp
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the moneys paid on account of the Contract
Pile. g, or to ~in¢ that rifle to any of
the work, materials or equipment has
passed to OWNER free and clear of any
lien, claims, security interests or
encumbrances, or that there may not be
other matters at issue between OWNER and
Contractor that might affect the amount that
should be paid.
1.5.9. Contractor(s} 'Completion Documents.
ENGINEER shall receive and review maintenance
and operating instructions, schedules, guarantees,
bends and certificates of inspection, tests and
approvals which are to be as~mbled by
Contractor(s) in s~cordance with the Contract
Documents (but such revie~v will only be to
determine that their content complies with the
requirements of, and in the case of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents);
and shall transmit them to OWNER with written
1.5.10. Inspections. ENGINEER shall conduct an
inspection to determine if the work is substantially
complete and a final inspection to determine if the
completed work is acceptable so that ENGINEER
may recommend, in writing, final payment to
Contractor(s) and may give written notice to
OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein
expressed), but any such recommendation and notice
will be subject to the limitations expressed in
paragraph 1.5.9.2.
1.5.11. Litnitatlon of re.s~nsibilities. ENGINEER
shall not be res~nsible for the sets or omissions of
any Contractor, or of any subcontractor or supplier,
'or any of the Contractor(s)' or subcontractor's or
supplier's ageats or employe~s or any other persons
(except ENGINEER's own employees and agents) at
the site or otherwise furnishing or performing any of
the Contractor(s)' work; however, nothing contained
in paragraphs 1.5.1 through 1.5.1 1, inclusive, shall
be constnmd to release ENGINEER from liability
for failure to properly perform duties and
responsibilities ~ssumed by ENGINEER in the
Contr~t Documents.
SECTION 2-ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services
do not include service in respect of the following
categories of work which are usually referred to as
Additional Services.
2.1. I. If OWNER wishes ENGINEER to
perform any of the following Additional
Services, OWN'ER shall so instruct
ENGINEER in writing, and ENGINEER
shall perform or obtain from others such
services and will be paid therefor as
provided in the Letter Agreement:
-Preparation of applications and supporting
documents for governmental financial
support, of the Project in addition to those
required under Basic Services; preparation
or review of environm~tal studies and
related services; and ~u~sistance in obtaining
environm~tal approvals.
-Services to make measured drawings of or
to investigate existing conditions or
facilities.
-Services resul~g fi'om significant changes
in the general scope, extent or character of
the Project or major changes in
documentation previously accep~ by
OWNER where changes are due to causes
beyond ENGINEER's control.
-Providing renderings or models.
-Preparing documents for alternate bids
reque.mxt by OWNER for work which is
not executed or for out-of-sequence wl>.rk.
-Detailed consideration of operations,
maintenance and overhead expenses; value
engineering and the preparation of rate
schedules, earnings and expense statements,
cash flow and economic evaluations,
feasibility studies, appraisals and
valuations. Furnishing the services of
independent professional associates or
consultants for other than Basic Services.
-If IgNGINEER's compensation for Basic
Services is not on the basis of Direct Labor
or Salary Costs, services resulting from the
award of more than one prime contract for
construction, materials, equipment or
services for the Project, or from the
construction contract containing cost plu~
or incentive-savings provisions for
Contractor's basic compensation, or from
arranging for performance by persons other
than the principal prime contractors or from
administering OWN'~R'$ contracts for such
-Services in connection with field surveys
HES/ch
P 14/Votapka2.Scp
for design purposes and engineering
surveys and staking out the work of
Contractor(s).
-construction site inspection services while
work is in progress.
-Services during out-of-town travel other
than visits to the site.
-Preparation of operating and maintenance
manuals.
-Preparing to serve or serving as a
consultant or wimess in 'any litigation,
arbitration or other legal or administrative
proceeding except where required as part of
Basic ,%rvices.
2.1.2. When required by the Contract .Documents
in circu~tances beyond ENGINEER's control,
ENGINEER shall pm-form or obtain from othors auy
of the following Additiollal Servie.~ as
circumsumces require during construction and
without waiting for specific instructions from
OWNER, and ENGINEER will be paid therefor as
pwvidod in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the 'resulting change in compensation
for Basic Services is not commemunate with the
additional services rendered.
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions pwposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor; and evaluating an unrea~nable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
-Servic~ resulting from significant delays, change~
or price increases occurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or exUmded services during construction
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3-OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full
information ss to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in re~o~t of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property.
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine if
Contractor(s) are porformlng the work legally.
-Permit fees.
-Survey of site smd routes.
3.3. OWNER shall pay all costs in¢ideat to
obtaining bids or proposals from Contractor(s).
SECTION 4-MEANING OF TERMS
4.1. As us~ herein the term 'this Agreement'
refers to thc I~ttor Agreement to which these
General Provisions are attached.
4.2. Thc construction cost of the entire Project
(herein referred to as 'Construction Cost') .means
the total cost to OWNER of those portions of the
entir~ Project designed ~nd specified by
ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to,
properties unless this Agreememt so specifies, nor
will it include OWNER's legal, aet. ounting,
insunmce counseling or auditing service~,, or interest
and financing chsxges incurred in connection with
the Project or the cost of other services to be
provided by others to OWNER pursuant to
paragraph 3.2. [construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: ~rtation and subsistence
incidental therew; obtaining bids or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
telephone calls and telegrams; reproduction of
HBS/¢h
P 14/Votapka2. Scp
-5-
rq~orts, Drawings, Specifications, Bidding
Documents and similar Project-related items in
~ldition to those required under Section 1; and if
authorized in -dvance by OWNER, overtime work
requiring higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
Any rense, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the specific purpose inteuded will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall
indemnify and bold harmless ENGINEER from all
claims, damages, losses and expeases including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER tu~s no control over the cost of
labor, materials, equipmeat or services furnished by
others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
re~r~.,at ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or
'Construction Costs will not vary from opinions of
probable cost pl'~rmred by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2.
ENGINEER's services to modify the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by OWNER.
5.3. Other Provisions Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3.1.1 For Basic Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section 1 on the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly Rate Table'
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
5.3.1.3. Reimbursable Expenses. In
addition to the ~ayments provided for in paragraphs
5.3.1.1. and 5.3.1.2, 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 Services. Reimbursable
expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent
professional associat~ or consultants directly or
indirectly In connection with the Project, such as
expense, s for: transportation, and subsistence
incidental thereto, reproduction of rq~orts, toll
telephone calls ~p~.ta~%
5.3.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incorred.
OWNER shall n~:e prompt monthly payments in
response to ENGINEER's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within th/try
days after receipt of ENGINEER's statement
therefor, the · a.,,.~r~-c=x~ -~' .....
...... ~ ........ ENGINEER may,
after giving seven day's written notice'to OWNER,
suspend services under this Agreement until
ENGINEER has beea paid in full all amounts due
for services, expenses and charges.
5.4. Termination.
The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
HES/ch
P 14/Votapka2. Scp
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expenses
and termination expenses. The OWNER enters into
this AGREEMENT based upon the experience and
competency of principals and employees of
ENGINEER as of the date of this AGREEMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the parmers, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 5.6.2 the assigns of OWNER and
ENGINEER) sre h~reby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and said assigns) of such other party, in respect of
all covenants, agreements and obligation~ of this
Agreement.
5.6.2. Neither OWNER nor ENGIJqEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may becom~ due or moneys that are due) this
Agreement without the written consent of the other,
.except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be' restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assigument will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
construed to give any rights or benefits in this
Agreement to anyone other than OWNER and
ENGINEER, and all dutie~u and responsibilities
undertaken pursuant to th/s Agreement will be for
the sole and exc]nsive benefit of OWNER and
ENGINEER and not for the benefit of any other
4s/ch
/Votapka2.Scp
-7-
[The remainder of this page was left blank intentionally.]
"EXHIBIT A~
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
~.~~.~I~.`~'`~:.`'~'`'~.~.`.~*~=~;~*:;~:*~;~:::~::~:~;~::~::~*;:~
H. E. Schmidt Principal, Project Manager, P.E. ~108.00
J. E. Christopher Principal, Project Manager, P.E. ~108.00
~ .~~~~. ~:~ ~: ~: ~:~ :~ ~ :~ ~<~:~: :~:: ................... ;:;~:;;~.~:~=;;~:;.:~::~;;;;;::~:::,:~:=:~:::,~:::~::~:~ .........................
~' ~ * ~ ~ .. .~ . ~r~ ~..,~..~.:~.:.~:.:.:.~..:.~:.:.:~%~ · · ~ =========================================================================================================
C. W. Drake Principal, Project Manager, P.G. ~92.83
M. A. Rynning Principal, Project Manager, P.E. ~g2.83
M. I. Luke Principal, Project Manager, P.L.S. t92.83
R.J. Ori Financial Manager, CPA, MBA
........ ~ . .:.~L.:-,~-;-;~::~~ ~ ......
J.W. Vogt Engineer VIII, P.E. ~70.09
W.D. Musser Engineer VIII, P.E. ~70.09
T.~. Hoohuli Engineer VIII, P.E. ST0.0g
S. C. Quinlan Engineer VI, P.E. ~61.67
W. B. Lafrenz Hydrogeologist VI, P.G. ~61.02
M. Alawi Engineer VII, P.E. $58.40
G.J. Revoir Engineer V, P.E. ~54.68
A.T. Woodcock Engineer V, P.E. ~53.33
D. P. Dufresne . Hydrogeologist V, P.G. t53.22
R. K. Cashe Engineer V, P.E.. $51.30
T. J. Sievers Hydrogeologist IV $51.27
J. J. Burgiel Senior Rate Analyst ~49.98
~...:~.:~-~.,-:~.~:~~...,...: ~:., ~,.~~...~-.._--~.
C. L. Harrouff Administrative Assistant $49.95
R. C. Copeland Senior Rate Analyst, MBA ~48.68
J. D. Fox Engineer IV S47.~ 2
~:.:, ~-~::: ...... ~- ~.~ ::::::::::::::::::::::: ~'-':~ ..... :~,~:;~., '.~.~ .~ .... ============================= ..~:~ ................ ;;~ .......
at-excel/Hrlyrate/2-7Spc. Sch
Updated 1/4/94
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE {S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
A. T. Gawad Engineer IV $46.98
T.E. La~on Engineer IV S46.74
K. Wulff Engineering Design III ~45.23
~[~~.~::~'ffi ..... :. ~j~ ~~~:.::, ..:::::::::: . -.~-,--:,:::,:,:,:::~~~~::~::+. *.~::~:~ ::::::::::::::::::::::::::::::::: '8. :~::~
~.K. Gag
~. ' ........ ,,~
G.R. Cra~ord Engineer IV, P.L.S. $42.53
....
C.E. Canada Engineering Technician iii ~40.50
F.A. Brinson Engineer III ~38.07
S. G. Neumeyer Engineering Technician III ~38.07
~. H. ~ol~on ~n~in~rin~ T~ehnieian
M. J. Hud~ns Engineer III ~35.69
W, Wasson Hydrogeologist II ~35,69
C. M. Gaylord Senior Word Processor ~35.64
T. A. Calzare~a Engineering Technician III ~35.10
L.W. Mitchell Engineer II 635.10
E .... ~:~ .......... ~. ~~<~~,- . ~ ........... : ................ . .............. ~ ......... ~:~-:
D. Jiskoot Engineering Technician iii $34.70
K. R. Liebknecht · Survey Crew Chief/Survey Technician II ~33.48
S.M. Fensterer Survey Crow Chief/Survey Technician II ~32.81
J.A. Manning Engineer II ~32.40
J. Warner Engineering Technician II ~32.40
~<,, , ,~R~ ~ '.:
J.A. Epaves Engineering Technician II ~32.40
E. Jenkins Survey Technician II ~32.40
excel/Hrlyrate/2-7Spc. Sch
dated 1/4/94
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
J,A, Baker Senior Word Processor $31,32
A. R. Terrero Word Processor 029.97
L. M. Looney Word Processor 029.16
F. Gidus Hydro Technician II $28.35
C. C. Tomlinson Assistant Rate Analyst $27.81
P.N. ~lliamson Su~ey Technician II ~27.68
C.A. Laure~a Word Processor $27.14
::::::::::::::::::::::::::::::
H. A. Cox Engineer II $27.00
P.D, Teeters Word Processor S27.00
C.W. Hardin Engineering Technician II S27.00
C.W. Sacher Word Processor $24.30
S.D. Clatchey Survey Technician I ~23.63
D. Trussell Word Processor $21.60
L.E. Benne~ Survey Technician I $20.93
M. laglor ~,~roduction/Courior Sup~o~ $20.$2
S. Simon ~rodu~ion/Couri,r Su~po~ ' 020.25
......... ~ >;-...~ ............. ~ ...................... ~<. ~ .......... ~......:,,:....:~::~:<<. ,> ..,~,> .,. ~,~:, ~, ........... >. ,,¢, <, < ¢. ~.... ~..>.,
S. C. Cobe~ Engineer I $19.44
T.A. Egge~on Secretarial Suppom $18.90
C. Cuevas Secretarial Suppo~ ~ 17.69
E. Cuevas Reprodu~ion/Courier Suppo~ ~ 17.55
at-excel/Hrlyrate/2-7Spc. Sch
Updated 1/4/94
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Ammoniation System for
Trihalomethane (THM) control
Approval for Submittal By:
City Manager,
)Agenda No.
)
) Dept. of Origin Utilities
) Utilities Directo
)
) Date Submitted: January 19, 1994
)
) For Agenda Of: January 26, 1994
)
) Exhibits= Nartman & Associates,
Inc. Proposal
EXPENDITURE
REQUIRED: $6,500
AMOUNT APPROPRIATION
BUDGETED: REQUIRED: $6,500
(Authorized use of bond proceeds)
SUMMARY STATEMENT
During the Chapter 180 Public Nearing held for the purpose of
acquiring the General Development Utility water and sewer system,
the City publicly committed itself to implementing a trihalomethane
(TNM) control system at the Filbert Street water treatment plant
once the City owned the system. The Official Statement for the
Utilities revenue bonds for the acquisition identified the "TTHM
Control System" as a high priority project. Although it is not
required by law, implementation of the control system is
nevertheless in the best interest of the public to alleviate public
concerns about the possibility of carcinogens in the City's newly
acquired water system.
I requested a proposal from Hal Schmidt of Nartman &
Associates, Inc. for the design, permit, inspection, certification,
and preparation of record drawings for installation of the
ammoniation system. Hal Schmidt's proposal in the amount of
$6,500.00 is attached to this request. The construction portion of
the project will be let for bids once the design and permitting is
completed. The entire project shall be funded from the revenue
bond proceeds.
RECOMMENDED ACTION
Move that the City Council appropriate the funds in the amount
of $6,5OO.OO and approve the Hartman & Associates proposal to
provide engineering services for the trihalomethane control system.
engineers, hydrogeologists, surveyors & management consultants
January 17, 1994
#92-023.1,~,o,,, ~. ~,.,,, .., F
I
I
Mr. Richard B. Votaplca, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject:
Ammoniation System Design - Trihalomethane Control System for Water
Treatment Plant
Dear Mr. Votapka:
This letter constitutes our engineering proposal to design, permit, inspect, certify and prepare
record drawings for the installation of an ammoniation system at the City's Filbert Street
Water Treatment Plant (WTP) for the purpose of trihalomethane control. The ammoniation
feed system will quench the trihalomethane formation reaction and limit the formation
potential of the compound in the drinking water.
The cost for survey of the site for which the improvements are estimated to be placed is $650.
Preparation of the final design drawings and specifications and shop drawing review on behalf
of the City is estimated to cost approximately $4,500. The cost for the preparation of the
permit application is $500. The cost of one (1) day of inspection, preparation of record
drawings and certification to FDEP is $850. It is our understanding that the City would
conduct day-to-day inspections of the construction. Therefore, no costs for monthly site visits,
construction meetings and other miscellaneous meetings will be included in the estimated cost
of the project. The total survey, engineering, permitting and technical services cost for this
assignment through completion and record drawings is $6,500.
The project schedule would be to have the design complete within one (1) month of notice to
proceed; permitting complete within three (3) months thereafter; and construction complete
within seven (7) months thereafter.
In addition, our General Provisions for design, bidding and construction services are provided
in Attachment "A" and made a part of this Agreement.
201 EAST PINE STREET · SUITE 1000 · ORLANDO, FL 32801
TELEPHONE (407) 839-3955 * FAX (407) 839~3790
ORLANDO FORT MYERS
JACKSON~ ILLE
TALLAHASSEE
Mr. Richard B. Votapka, P.E.
January 17, 1994
Page 2
i will be the Principal-in-Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVoix, II, P.E., and Ms. Jill A. Manning for the duration of the
project. As with all our projects with the City, we are committed to provide a quality and
cost-effective project.
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Very truly yours,
Hartman & Associates, Inc.
Harold E. S~i~
Vice President
HES/eh
P14/Votapka. 11
Attachment
Accep~ by:
Date:
ATTACHMENT "A"
GENERAL PROVISIONS
Design Phase, ENGINEER shall:
Attached to and made a part of LETTER
AGREEMENT, dated January 17, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in respect of the
Project de, scribed therein.
SECTION 1-BASIC SERVICES OF ENGINEER
1.1.1. ENGII~ER shall perform for OWNER
professional engineering services in all phases of the
Project to wl~ich this Agreement applies as
hereinafter provided. These services will include
serving as OWNER's profe~ional engineering
representative for the Project, providing profe~ional
engineering consultation and advice smd furnishing
customary civil, structural, mechanic~ and electrical
engineering services smd customary architectur~
services incidental thereto.
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and character of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional data or
services of: the types described in 'the first
subparagraph of paragraph 3.2 ~re n~ and
assist OWNER in obtaining such ti,t° and services.
1.2.4. Based on the information contained in the
preliminary design documents, submit an opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them in person with OWNER.
1.3. Final Design Phase.
After written authorization to proceed with the Final
HES/ch
P 14/Votapka2. Sep
-1-
1.3.1. On the basis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be furnished and performed
by Contractor(s) (hereinafter called 'Drawings') and
Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Institute).
1.3.2. Provide technical criteria, written
descriptions and design data for OWNER's use in
filing applications for permits with or obtaining
approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER m consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjnstments to the
latest opinion of probable Total Project Costs caused
by changes in general scope, extent or clmracter or
design requirements of the Project or Conm'uction
Costs. Furnish to OWNER a revised opinion of
probable Total Project Costs based on the Drawings
and Specifications.
1.3.4. Prepare for review and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the
F,,ngineers' Joint Contract Documents Committee),
and assist in the preparation-of other related
1.3.5. Furnish five copies of the above documents
and of the Drawings and Specifications and present
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
ARer written authorization to proceed with the
Bidding or Negotiating Phase, ENGINI~ER shall:
1.4.1. Assist OWNER in advertising for and
obtaining bids for each separate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend prebid conference~ and
receive and process deposits for Bidding
Documents.
1.4.2. Issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called 'Contractor(s)') for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consuli with OWNER concerning and
determine the acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare bid
tabulation sheets and s~sist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
1.5. Construction Phase.
During the Construction Phase:
1.5.1. General Administration of Construction
Contract. The OWNER has the right to approve
which of the ENGINEER's employees or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract Documents Committee. The extent and
limitations of-the duties, responsibilities and
authority' of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. All of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to act on behalf of OWNER to the extent provided
in said Standard General Conditions except as
otherwise provided in writing.
1.5.2.
Visits to Site and Observation of
Construction. The City shall provide all
construction site inspection services
associated with this project. The
HES/ch
P14/Votapka2.Sep
-2-
ENGINEER shall provide these services at
the request of the OWNER.
1.5.3. Defective Work. During such visits and on
the basis of such observations, OWNER may
disapprove of or reject Contractor(s)' work while it
is in progress if OWNER and ENGINEER believes
that such work will not produce a completed Project
that conforms generally to the Contract Documents
or that it will prejudice the integrity of the design
concept of the Project as reflected in the Contract
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interprmtions and
clarifications of the Contract Documents and in
connection therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the Project and compliance with the
information given in the Contract Documents. Such
reviews and approvals or other action shall not
extend to .means, method~, techniques, sequences or
procedures of construction or to safety precautions
and programs incident thereto.
1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contractor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGINEER shall
have authority, as OWNER's representative, to
require upon approval by the OWNER's
representative, special mspoction or testing of the
work, and shall receive and review all certificates of
inspections, testings and approvals required by laws,
rules, regulations, ordimmces, codes, orders or the
Contract Documents (but only to de~rmine
generally that their content complies with the
requirements of, and the results certified indicate
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGINEER' s on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Representative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINEER shall determine the
amounts owing to Contractor(s) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recommendations of payment will
constitute a representation to OWNER,
based on such observations and review, that
the work has progressed to the point
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, the quality of m~ch work is generally
in ace6rdance with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent teats called for in the
Contract Documents and to any other
qualifications stated, in the
recommendation). In the case of unit price
work, ENGINEER's recommendations of
payment will include final determinations
of quantifies and classifications of such
work (subject to any subsequent
adjustments allowed by the Contract
Documents).
1.5.8.2. By recommending any payment
ENGINEER will not thereby be deemod to
have represented that exhaustive,
continuous or detailed reviews or
examinations have been made by
ENGINEER to check the quality or
quantity of Contractor(s)' work as it is
furnished and performed beyond the
responsibilities specifically assigned to
ENGINEER in this Agreement and the
Contract Documents. ENGINEER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGINEER responsibility
to supervise, direct or control such work or
for the means, methods, techniques,
sequences, or procedures of construction or
safety precautions or programs incident
thereto or Contractor(s) compliance with
laws, rules, regulations, ordinances, codes
or orders applicable to their furnishing and
performing the work. It will also not
impose responsibility on ENGINEER to
make any examination to ascertain how or
for what purposes any Contractor has used
HES/¢h
P14/Votapka2.Sep
-3-
the moneys paid on account of the Contract
Price, or to determine that title to any of
the work, materials or equipment has
passed to OWNER free and clear of any
lien, claim~, security interests or
encumbrances, or that there may not be
other matters at issue between OWNER and
Contractor that might affect the amount that
should be paid.
1.5.9. Contractor(s} 'Completion ' Documents.
ENGINEER shall receive and review maintenance
and operating instructions, schedules, guarantees,
bonds and certificate, of inspection, tests and
approvals which are to be assembled by
Contractor(s) in accordance with thc Contract
Documents (but such review will only be to
detm-mine that their content complies with the
requirements of, and in the case of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents);
and shall transmit them to OWNER with written
commeots.
1.5.10. Inspections. ENGINEER shall conduct an
inspection to determine if the work is substantially
complete ,and a final inspection to determine if the
completod work is acceptable so that ENGINEER
may recommend, in writing, final payment to
Contractor(s) and may give written notice to
OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein
expressed), but any such recommendation and notice
will be subject to the limitations expressed in
paragraph 1.5.9.2.
1.5.11. limitation of responsibilities. ENGINEER
shall not be responsible for the acts or omissions of
any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s)' or subcontraetor's or
supplier's agents or employees or any other persons
(except ENGINEER's own employees and agents) at
the site or otherwise fumishin$ or performing any of
the Contractor(s)' work; however, nothing contained
in paragraphs 1.5.1 tlxrough 1.5.1 1, inclusive, shall
be construed to release ENGINEER from liability
for failure to properly perform duties and
responsibilities assumed by ENGINEER in the
Contract Documents.
SECT/ON 2-ADD1T/ONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services
do not include service in respect of the following
categories of work which are usually referred to as
Additional Services.
2.1.1. If OWNER wishes ENGINEER to
perform any of the following Additional
Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER
shall perform or obtain from others such
services snd will be paid therefor as
provided in the Letter Agreement:
-Preparation of applications and suppo~qJng
documents for gov~nmental financial
suppo~ of the Project in addition to those
required under Basic Services; preparation
or review of environmental studies and
related services; and assistance in obtaining
environmental approvals.
-Services to make messur~ drawings of or
to investigate existing conditions or
facilities.
-Services resulting from significant changes
in the general scope, extent or character of
the Project or major changes in
documentation previously accepted by
OWNER where changes ~ due to caus~
beyond ENGINEER's control.
-Providing renderings or models.
-Preparing documents for alternate bids
requested by OWNER for work which is
not executed or for out-of-sequence work.
-Detailed consideration of operations,
maintenance and overhead expenses; value
engineering and the preparation of rate
schedules, earnings and expense statemeots,
cash flow and economic evaluations,
feasibility studies, appraisals and
valuations. Furnishing the services of
independent professional associates or
consultants for other than Basic Services.
qf ENGINEER's compensation for Basic
Services is not on the basis of Direct Labor
or Salary Costs, services resulting from the
award of more than one prime contract for
construction, materials, equipment or
services for the Project, or from the
construction contract containing cost plus
or incentive-savings provisions for
Contractor's basic compensation, or from
arranging for performance by persons other
than the principal prime contractors or from
administering O~rN~R's contracts for such
-Services in connection with field surveys
HES/ch
P14fVotapka2.Scp
for design purposes and engineering
surveys and staking out the work of
Contractor(s).
-Construction site inspection services while
work is in progress.
-Services during out-of-town travel other
than visits to the site.
-Preparation of operating and maintenance
manuals.
-Preparing to serve or serving as a
consultant or witness in any litigation,
arbitration or other legal or administrative
proceeding except where required as part of
Basic Services.
2.1.2. When required by the Contract Documents
in circumstances beyond ENGINEER's control,
ENGINEER sludl perform or obtain from others any
of the following Additional Services as
circumstances require during construction and
without waiting for specific instructions from
OWNER, and ENGINEER will be paid therefor as
provided in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commeosRrate with the
additional services rendored.
-Services in making revisions to Drawings and
Specifications oceasion~d by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract ia evaluating and
determining the acceptability of an umv. asonable or
excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or
extensive number of clain'~ submitted by
Contrector(s) or others in connection with the work.
-Sorviees resulting from significant delays, changes
or price ineresses occurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or extended services during construction
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3-OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full
information as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property.
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine if
Contractor(s) are performing the work legally.
-Permit fees.
-Survey of aite and routes.
3.3. OWNER shall pay all costs incident to
obtaining bids or proposals from Contractor(s).
SECTION 4-MEANING OF TERMS
4.1. As used herein the term 'this Agreement'
refers to the Letter Agreement to which these
General Provisions are attached.
4.2. The construction cost of the entire Project
(herein referred to as 'Construction Cost') mea~
the total cost to OWNER of those portions of the
entire Project designed and specified by
ENGINEER, but it will not include ENGiNEER's
compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to,
properties unless this Agreement so specifie~, nor
w/Il it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest
and financing-charges incurred in connection with
the Project or' the cost of other services to be
provided by others to OWNER pursuant to
paragraph 3.2. [construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
telephone calls and telegrams; reproduction of
HES/¢h
P14/Votapka2.Scp
-5-
reports, Drawings, Specifications, Bidding
Documents and similar Project-related items in
addition to those required under Section 1; and if
authorized in ndvance by OWNER, overtime work
requiring higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1, Reuse of Documents.
Any reuse, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be nt OWNER's sole risk and without liabil~.ty or
legal exposure to ENGINEER, and OWNER shall
indenmif3, and hold harmless ENGINEER from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opiniom of Cost.
Since ENGINEER has no control over the cost of
labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of
determining pric~, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER cannot and does 6or guarantee that
proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2.
ENGINEER's services to mod/fy the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by owh l .
5.3. Other Provisiom Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3.1.1 For Basic Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section I on the basis set forth m Exhibit A
"Hartman & Associates, Inc. Hourly Rate Table'
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to m
writing by the parties at the time such services are
authorized.
5.3.1.3. Reimbursable Expenses. In
addition to the l~ayments provided for In paragraphs
5.3.1.1. and 5.3.1.2, OWNER shall pay
ENGINEER the actual cos~ (except where
specifically provided otherwise) of all Roimbursabl~
Expenses incurred in connection w/th all Basic
Services and Additional Services. Reimbursable
expenses mean the acttud expenses incurred by
ENGINEER or I~NGIKEER's Independent
profeasional associat~ or consultants d/rectly or
indirectly in connection with the Project, such as
expenses for: transportation, and subsistence
incidental thereto, ~roduction of report, toll
telephon9 calls and postage.
I ,m'~t-~'hon~ comxv.'med in
5.3.Z ENGINEER shall submit monthly
statements 'for Basic and Additional Service~
rendered and for Reimbursable Expense, s incun-~.
OWNER shall make prompt monthly payments in
re4~ponse to ENGINEI~R's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within ~ty
days after receipt of ENgINEER's statement
therefor, the.-am~ume--dae~mN~ L2~E._.~.R .... i~
· ' , ~' , ENGINEER may,
after giving seven day's written notice to OWNER,
suspend services under this Agreement until
ENGINEER has been paid in full all amounts due
for services, expenses and charges.
5.4. Termination.
The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
HES/ch
P 14/Votapk~2.. Scp
seven days' written notice in the event of substantial
failure by the other party to perform ia accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expenses
and termination expenses. The OWNER enters/nm
this AGREEMENT based upon the experience and
co~cy of principals and employees of
ENGINEER as of the date of this AGP~EMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6., Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent perm/~ by
paragraph 5.6.2 the assigns of OWNER and
ENGII~ER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and sa/d asaigns) of such other party, in ~spect of
all covenants, agneements and obligations of fids
Agreement.
5.6.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the writtea consent of the other,
· except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary, in any written
consent to an assignment, no assist will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
construed to give any rithts or benefits in this
A~reement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive b~nefit of OWNER mid
ENGINEER and not for the benefit of any other
H~i4S/ch
/Votapka2.Scp
-7-
[The remainder of this page was left blank intentionally.]
"EXHIBIT A"
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, Projem 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
J.W. Vogt Engineer VIII, P.E. $70.09
W.D. Musser Engineer VIII, P.E. $70.09
T.A. Hochuli Engineer VIII, P.E. $70.09
S. C. Quinlan Engineer VI, P.E. S61.67
W. B. Lafrenz Hydrogeologist VI, P.G. ~61.02
M. Alawi Engineer VII, P.E. $58.40
G.J. Revolt Engineer V, P.E. $54.68
A.T. Woodcock Engineer V, P.E. $53.33
D.-P. Dufresne . Hydrogeologist V, P.G. $53.22
R.K.'Cashe Engineer V, P.E. $51.30
T. J. Sievers Hydrogeologist IV 851.27
J. J. Burgiel Senior Rate Analyst ~49.98
C. L. Harrouff Administrative Assistant $49.95
R. C. Copeland Senior Rate Analgst, MBA ~48.68
J. D. Fox Engineer IV ~47.12
at-excel/Hrlyrate/2-7Spc. Sch
Updated 1/4/94
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
~~~~:~::~:::~;~:!~:i:!:i;~."-'~!:~:-~:~:::.~:~:~ '~?~.."~.9~:~,.~:~...:::~...-.~.: ..... --..~:..:~,'%~-~ ',~.'~ . ':~' , ~`:~:::~:~:~:`~::::~:~::~;:~:~:~:~::~:~:~:~:~:~:~:~:~=~~~::::~ .~:':~:~:~;~:~:~:~
T.E. La.on Engineer IV $46.74
K. Wulff Engineering Design III $45.23
A.K. Gay Engineer IV $44.90
G.R. Cra~ord Engineer IV, P.L,S. $42.53
C,E. Canada Engineering Technician III $40,50
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 III $35.69
W. Wasson Hydrogeologist II $35,69
. · .~ ~:
C. M. GayIord Senior Word Processor $35.64
T. A. Calzare~a Engineering Technician III ~35.10
L.W. Mitchell Engineer II ~35.10
~~~.:-::~::.~...~,... ......... ~~.:~ ........
D. Jiskoot Engineering Technician III $34.70
K. R. Liebknecht , Survey Crew Chief/Survey Technician II $33.48
S.M. Fensterer Survey Crew Chief/Su~ey Technician II ~32.81
J.A. Manning Engineer II $32.40
J. Warner Engineering Technician II $32.40
J.A, Epaves Engineering Technician II $32.40
E, Jenkins Survey Technician II $32.40
xcel/Hrlyrate/2~7Spc. Sch
ated 1/4/94
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC,
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1193
HOURLY
EMPLOYEE CLASSIFICATION RATE
J.A. Baker Senior Word Processor $31.32
A. R. Terrero Word Processor $29,97
L. M, Looney Word Processor $29.16
F. Gidus Hydro Technician Ii $28.35
C. C. Tomlinson Assistant Rate Analyst ~27.81
P.N. ~lliamson Survey Technician II $27.68
C.A. Laure~a Word Processor $27.14
H. A. Cox Engineer II $27.00
P.D. Teeters Word Processor $27.00
C.W. Hardin Engineering Technician II $27.00
C.W. Sacher Word Processor $24.30
S.D. Clatchey Survey Technician I ~23,63
D. Trussell Word Processor $21.60
L.E. Benne~ Survey Technician I $20.93
M. Taylor Reproduction/Courier Suppo~ $20.52
S. Simon Reprodumion/Courier Suppo~ . $20.25
S. C. Coben Engineer i. $19.44
T.A, Egge~on Secretarial Suppo~ $18.90
~~~:;~:~~~;~~:.:" ,~. ~ ~ =============================== ,:~::~,'~, . ~,,, ~. > ~;~:~:~, --~>>',+>::'~;~. ·
C. Cuevas Secretarial Suppo~ $17.69
E. Cuevas Reproduction/Courier Suppo~ $17.55
at-excel/Hrlyrate/2-7Spc. Sch
Updated 1/4/94
I
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Sebastian Highlands Property
Owners Association Request for
Agenda Title on City Council
Agenda - Second Meeting of Month
APPROVED FOR SUBMITTAL BY:
City Manager: ~? ~'~
) Agenda No. ~,0~~
)
) Dept. Origin ~ Clerk
)
) Date Submitted 1/19/94
)
) For Agenda Of 1/26/94
)
) Exhibits:
* Neglia Letter dated 1/16/94
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
~,,UMMARY STATEMENT
Sal Neglia, President of the Sebastian Highlands Property Owners
Association, has requested placement of a permanent agenda title
for the association on the City Council agenda for the second
meeting of each month.
With due respect to the association, I believe that they have the
ability, as does any other group or individual, to address City
Council at any regular meeting during "Introduction of New
Business from the Public" and not be restricted to the second
meeting of each month. I am also'concerned that if the Sebastian
Highlands Property Owners Association is given a permanent title,
we will be required to accommodate other organizations or
individuals.
RECOMMENDED
Review and act on the request.
\ws-min\shpoa
SEBASTIAN PROPERTY OWNERS ASSOCIATION
I
January 16, 1994
Mayor Lonnie Powell
Sebastian City Hall
Main Street
Sebastian,-Florida
32958
Dear Mayor Powell,
The Sebastian Property Owners Association would like to request
an agenda title once a month to be included on the second monthly
meeting agenda of the Sebastian City Council. A permanent slot
on the agenda will remove the risk of having no time for input,
on behalf of our membership, when a meeting is concluded due to
a time limit.
Having a listing on the second meetinG of each month will be best.
This affords our membership an opportunity to voice their concerns
and/or questions when they meet the first Monday of the month.
Thank you, and all the Council Members, in advance for your
consideration in this matter.
cc:
V-ice Mayor Frank Oberbeck
Council Person Carolyn Corum
Robert Freeland
Norma Damp
Sincerely,
Sebastian Property Owners AssoI
City of SebaStian
I
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Request to Use Community Center
Monthly Breakfast for Seniors
Waive Rental and Security
APPROVED FOR SUBMITTAL BY:
city Manager:
) Agenda No. ~¢~3~
)
) Dept. Origin city Clerk
)
) Date Submitted 1/19/94
)
) For Agenda Of 1126/94
)
) Exhibits:
* Rosencranz Letter dated 1/12/94
* Application (Caldwell Permittee)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARy STATEMENT
This office has received a request from Richard Rosencranz to
utilize the Community Center on the last Saturday of each month
for a breakfast gathering for senior citizens from 8:00 a.m. to
noon. The breakfast would be sponsored by Treasure Coast Senior
Services, SHARE, Kashi Church Foundation and Sebastian Junior
Women's Club. He requests that the City Council waive the rental
fee and security deposit. The standard rental for this use by a
charitable organization.would be $50, $12.50 kitchen use and $250
security deposit.
Upon review of the Community Center calendar, I find that the
last Saturday of the months of January, February, March, June and
July are already reserved. There are other Saturdays available,
however, I am concerned since Saturday is the only day available
for booking by private parties and organizations for weddings,
anniversaries, dances, etc.
CITY OF SEBASTI~kN
RENTAL PERMIT APPLICATION
x
COM~RAqI~ ~ YA~ CLUB
Nae of R~ter / 0rg~izati0n Seniors Breakfast Committee
Number of Persons constitnting group or organization:
To maJ~e a joyful monthly gathering for the elderly of this area
Rea.~on for Rental
Requested Date The last Saturday of each month, starting in February
Time of D~: Frol 8 YO noon
PI~e ~ ~ or ~:
Yes
2) ~e ~u a ruidet of Seb~ti~? Yes
3) W~ d~m~ ~ ~t ~ No
4) ;iH t~e~ ~ m a~s~ion or ~r ~ar~e~ No
S) Will ~bo~c ~g~ ~ se~! No
~tt~'s ~ of age
~ty ~uc~. Y~ r~ ~ ~ p~en~ed
on
~t of R~t~ 7~ T~:
~e ~ p~ble to: ~ Or ~
Approx. I00 coming to breakfast; 15 co~k
~ servers
* Sebastian Treasure Coast sel
Services (Jim Caldwell
The SHARE Program from St.
Elizabeth' s Church (Dave
Costa'7
Kashi Church Foundation
(Richard Rosenkranz{
Sebastian Junior Women's ClX_
(Teddy Hulse)
APFROVKO /
Scott Deposit on
Rental Fee paid on
(date) in the mount of
or Cash
(date) in the ~o~nt of
or Cash
~tial
Alcoholic Beverage Request heard at the Conucfl Meetino on
(date), Request APPROVED / 0ENIEU.
F~ ~aiver 'Request heard at the Council Mee, tinq on
(date}. Request APPROVED / 0ENiEU.
~ Pic~o Date Key Return Oate
Securit? Oeuosit retum~ by City Oeci }
amount of ' oH
in ~he
fdate)