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Home My WebLink About02031993! City of Sebastian i POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, FEBRUARY 3, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 5. ANNOUNCEMENTS 6. POBLIC INPUT ON AGENDA ITEMS 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. 93.051 PGS 1-3 7. 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. Bid Award - U.S. 1 Culvert Installation - Henry Fischer and Sons - $9,200.00 (Staff Recommendation dated 1/26/93, Bid Tabulation, Drawing) 93.052 PGS 5-8 93.053 PGS 9-11 93.054/ 91.144 PGS 13-25 93. 055 PG 27 93.056 PG 29 8. 93.057/ 92.305 PGB 31-32 93.015 PGS 33-40 93.020 PGS 41-45 93.058 PGS 47-48 93.030 PGS 49-51 93.032 PGS 53-54 Indian River County Recreation Department - Request Waiver of Rental and Security Deposit - Community Center - Youth Dance - 3/19/93 - 5 p.m. to 10:30 p.m. (Staff Recommendation dated 1/27/93, Application, Memo dated 2/8/88, 5/6/87 Minutes) AARP #3234 - Request Waiver of Rental Fee - Community Center - Flea Market - 3/27/93 - 8 a.m. to 3 p.m. (Staff Recommendation dated 1/22/93, Application, Memo dated 2/8/88) Police Station - Air Quality Testing -'Approve Services of Briggs Associates International, Inc. - Not to Exceed $3,318.00 (Staff Recommendation dated 1/28/93, Briggs and ESE Proposals) E. Police Officers' Retirement Fund - Appropriate $2,003.28 from Unencumbered General Fund Balance for FY Ending 9/30/92 (Staff Recommendation dated 1/28/93) /4a~c~ ~. ~),,'~'!~[35.~ F. Golf Tournament Rates - 4~t~ and Sebastian Elementary PTA - March Fundraiser (Staff Recommendation dated 1/28/93) WORKSHOP ,ITEMS Barber Street Sports Complex Expansion (City Manager Recommendation dated 1/28/93, Mosby Site Plan Under Separate Cover) Fourth of July Celebration - Request Two Day Event (Staff Recommendation dated 1/28/93) Review Code of Ordinances - Section 18-27 Re: Livestock, Fowl and Other Non-Domesticated Animals (1/13/93 Minutes, Section 18-26, 18-27 Code of Ordinances, Barber Letter and Suggested Amendment) Proposed Garage Sale Ordinance - Off-Premise Signs (Staff Recommendation dated 1/28/93) Planning and Zoning Commission Recommendation - Administration of Oath (Staff Recommendation dated 1/7/93, P & Z Memo dated 12/8/92, Proposed Resolution) City Council Chambers' Video Monitors (Staff Recommendation dated 1/7/93) I .I i I i i I I i I I I I I I i i I I 93. 046 PGS 55-56 93.059/ 92. 040 PGS 57-61 9. 10. 11. 12. 13. G. Planning and Zoning Commission Recommendations - Amendment to Home Occupational License and Commission Membership Requirements (Staff Recommendation dated 1/18/93, P & Z Memo dated 11/20/92) H. Barber Street/Stratton Avenue Name Change - Review Resolution No. R-93-03 (Staff Recommendation dated 1/28/93, R-93-03, Map Under Separate Cover) MAYOR AND CITY COUNCIL MATTERS A. Dr.. Peter R. ~ B. ~r. ~ G. Reid C. MaYor bonnie R.. p.owell D. Mr. Frank 0berbeck E. Mrs, Carolyn Eorum ~ ~TTO~N~~ CITY MANAGER MATTERS INT, R0~UCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 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.) 3 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Bid Award - US # 1 Culvert Installation ) ) ) ) Approved for Submittal By: City Manager ~ ~ ) Agenda No. Dept. Origin Date Submitted For Agenda of 02-03-93 Exhibits: Bid Tabulation City Engineer Drawing EXPENDITURE REQUIRED: AMOUNT APPROPRIATION BUDGETED: REQUIRED: SUMMARY STATEMENT The U.S. #1 sidewalk includes a section of sidewalk from the South City limits to Harrison Street. However, before the sidewalk can be constructed existing drainage ditches must be piped. The City advertised for bids to enclose these ditches so that the sidewalk could be completed in the east R.O.W. of U.S. #1. On January 25, 1993 at 2:00 P. M. two bids were received as identified on the bid tabulation form. The apparent low bidder was Henry Fischer and Sons in the amount of $9,200. A bid clarification conference was held on January 26th, 1993 and the price included the full scope of the work as identified in the drawing and there were no exceptions or deletions identified. RECOMMENDED ACTION Move to award the bid for the U.S. #1 Culvert Installation to Henry Fischer and Sons for 89,200. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 CITY OF SEBASTIAN BIDS DUE January 25, 1993 2:00 P.M. CONTRACTOR/VENDOR Trodglen Paving Inc Fischer and Sons ITEM DESCRIPTION Culvert Installation Culvert Installation TOTAL $10,375. $ 9,200. Bid for US #1 Culvert Installation at the South City Limits NO OTHER BiDS WERE RECEIVED. City of Sebastian I POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 SUBJECT: IRC Recreation Dept. Youth Dance Approved For Submittal By: City Manager Agenda NO. ~.OffL Dept. Origin City Clerk~,d'~ Date Submitted 1/27/93 For Aqenda Of 2/3/93 Exhibits: IRC Recreation De~.~plication Dated 1/27/93 Memo Dated Feb. 8, 1988 Minutes Dated Max 6, 1987 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from the IRC Recreation Department for use of the Community Center for a Youth Dance to be held on Friday, March 19, 1993 between the hours of 5:00 P.M. and 10:30 P.M. They are requesting waiver of both the security deposit and the rental fee. RECOMMENDED ACTION Move to approve the request for a waiver of both the security deposit and the rental fee. /AL!TY OF SEBASTIAN PERMIT APPLICATION Nam of .Renter / 0rc3anization ~O,,~/~-~;~.f~ d~/~-,~ ;gf,,~M Number of Persons constituting group or organization: Reason for Rental The of ~: F~ ~oo~. To /0;~.~. Pl~e ~ ~ or 2) ~e ~ a mi~t 5) ~ ~c (a) If ~ ~ ~5 ~ ~- ~t~'s p~( of age (b). H ~ ~s to ~ s~, ~= ~ ' ~t o[ R~t~ 7~ T~: Name of Pemittee: Telephoue h.: .~'(~ I- Z (~c %~ Date of Application We chec~ p~aMe to: ~ OF ~ AP~OV~ / DIS~ Securib/ Daposit paid on/~'~/-' {date) in tbe amount ~, ca.~k , or Cash Rental Fee paid on /~- (date) in the amount of ~ ca.~k , Or Cash Alcobolic Beveraoe Request heard at (date). initial the Council ~eetin; on Request APPROVED / DENIED. Fee ~aiver Request heard at the Council Heetino on (date). Request APPROVED / DENIED. Ke? Pic~p Date [ey Return Date Seoirit¥ Deposit returned by tit? ~eck ~ amount of ' on AfltCMMlt kel~ /or d~u~l~l (~£ mpl~¢mb~e), in the ~{date) I I i I I I i I I L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 I~ SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 FROM: M E M 0 DATE: February 8, 1988 ..~ TO: Mayor L. Gene Harris ~~.~'~ Council Members Kathyrn M. O'Halloran City Clerk RE: COMMUNITY CENTER AND YACHT CLUB FEE WAIVERS Kathryn M. O'Halloran Clly Clerk A meeting between the City Clerk, Kathryn M. O'Halloran, and Mayor L. Gene Harris, on this date, resulted in the following groups being granted free use of the Community Center and/or the Yacht Club facilites on the organization's regular days and hours for which they usually meet. A.A.R.P. Happy Wanderers Band Sebastian ~;olunteer Fire Department Congregate Meals All County sponsored functions *The Sebastian Historical Society, who has previously been granted a fee waiver for all meeting dates through May 26, 1988, will be reconsidered at that time. YACHT CLUB Sebastian Highland Property Owners Colonial Dames Thursday Bridge Club Pelican Island Garden Club Alcoholics Anonymous All County sponsored functions /tkh cc: file 87.134 87.135 87.105 87.136 Councilman Vallone requested that "Five Year Plan - Little League" be placed on the May 13, 1987 agenda, for action. This item was postponed until the May 13, 1987 agenda. " (3) MOTION by Vallone/Metcalf I move we approve the request of the Parks and Recreation Committee to purchase four nylon nets for racquetball courts in the amount of $1076.00 from Capital Outlay. ROLL CALL on the motion carried unanimously.(4-0) MOTION by Vallone/Metcalf I move we approve the recommendation of the Parks and Recreation Committee to allow North County Recreation programs at the Community Center at no charge. VOICE VOTE on the motion carried unanimously.(4-0) (5) MOTION by Metcalf/Vallone I move we extend the meeting until 10:40 P.M. ROLL CALL on the motion carried unanimously.(4-0) Mayor Harris instructed the President of the North County Rec Committee to get further information on rules, etc., and bring them back to Council. City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 SUBJECT: AARP # 3234 Flea Market Approved For Submittal By: City Manager ~~"-~ ) Agenda No. ~. 05~ Dept. Origin City Clerk Date Submitted 1/22/93 For Aqenda Of 2/3/93 Exhibits: AARP ~ .3234 Application Dated 1/22/93 Memo Dated Feb. 8, 1988 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from the AARP #3234 for use of the Community Center for a Flea Market to be held on March 27, 1993 between the hours of 8:00 A.M. and 3:00 P.M. They are requesting waiver of the rental fee. RECOMMENDED ACTION Move to approve the request for a waiver of the rental fee. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COIIR/IETY CENTER / YACiI CLUB Name of R~nter / Organization ~,/~cY~ ./~) ~ ~,,_~ ~ Number of Per~ons con~titntin[l ~roup or organization: e,,on for R..t,1 S~n~'ity U~po~it paid on in the mount of ~ ~,~ ~ or ~ash paid on Alcoholic Beverage Requ~t heard at ~d -,~ -f-~ (date). {date) in the amount of or Cash initial the Co~ncil Meetin~on Request APPROVED / ~ENIED. Fee Waiver Request heard at the Council Meetin{ on (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Se~rit¥ Deposit returned by City Check { amount of on ,~mmt ke~t tot' d~le~ (2L£ ~plmJ.~cibAl). in the (date) Meyor City of Sebastian POST OFFICE BOX 780127 I~ SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 M E M O DATE: February 8, 1988 TO.. Mayor L. Gene Harris~~'~ Council Members F ROM .. RE: Kathyrn M. O'Halloran City Clerk COMMUNITY CENTER AND YACHT CLUB FEE WAIVERS Kath~/n M. O'Hallora. City Clerk A meeting between the City Clerk, Kathryn M. O'Halloran, and Mayor L. Gene Harris, on this date, resulted in the following groups being granted free use of the Community Center and/or the Yacht Club facilites on the organization's regular days and hours for which they usually meet. A.A.R.P. Happy Wanderers Band Sebastian ~lunteer Fire Department Congregate Meals All County sponsored functions *The Sebastian Historical Society, who has previously been granted a fee waiver for all meeting dates through May 26, 1988, will be reconsidered at that time. YACHT CLUB Sebastian Highland Property Owners Colonial Dames Thursday Bridge Club Pelican Island Garden Club Alcoholics Anonymous All County sponsored functions /tkh cc: file i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: PROPOSAL FOR SERVICES REGARDING TESTING OF POLICE STATION Approved For Submittal By: City Manager Agenda Number: 7~. Dept. Origin: Community Development Date Submitted: 01/28/93 For Agenda Of: 02/03/93 Exhibits: 1. Proposal from Briggs 2. Proposal from ESE EXPENDITURE REQUIRED: $3,318.00 $100,000.00 AMOUNT APPROPRIATION BUDGETED: REQUIRED: Capital Projects - Public Building Improvements SUMMARY STATEMENT The Police Station had experienced a problem with humidity which created mold in certain rooms. Since that time, staff has worked with the Engineer of Record for the mechanical system and the humidity has been corrected. Although the humidity has been corrected and all visible mold has been cleaned up, it is a good possibility that there is mold still lingering in the duct system, ceiling tiles, drywall, etc. If that is the case, this mold can still live on and grow. At this time, staff is concerned mainly with getting this problem rectified to ensure no further problems within the Police Station and its occupants. Once this has been completed, staff will evaluate and determine whether any action should be taken against any person or firm. To ensure that the problem is completely rectified, staff strongly recommends that we hire the services of Briggs Associates International, Inc. to conduct air samples, bulk samples, and conduct a thorough field inspection to determine any contaminations. If any problems do exist, the firm will make a full evaluation and recommendations for remediation. Page 2 Staff has carefully reviewed both proposals and after talking with Mr.~ Gross from Briggs Associates International, it has been determined that we can delete the following items that are not necessarily needed: 1. Delete Total Volatile Organic Compounds (TVOC), $1,200.00. 2. Delete follow up audit, $608.00. It was explained that this follow up audit would not necessarily be needed at this time. Mr. Gross has also agreed with the concept of taking approximately 15 samples for yeast and molds for actual testing. The total budget estimate would be now $3,318.00 to accomplish a thoroughl testing and analyist of the Police Station. Mr. Gross has indicated that the budget for $1,000.00 for the Field Investigation Specialist could beB reduced depending on actual time spent. RECOMMENDED ACTION: Move to approve the services from Briggs Associates International, Inc. not to exceed $3,318.00. i RIGGS 4401 Vineland Road, Suite A-9, Orlando, FL 32811 ~ (407) 422-3522 i FAX (407) 422-3766 January 12, 1993 Proposal No. FL36.93.002.0 VIA FACSIMILE: 407-589-5570 City of Sebastian Post Office Box 780127 Sebastian, Florida 32978 Attention' Mr. Bruce Cooper Director of Community Development I RE: Proposal for Indoor Air Quality Investigation City of Sebastian Police Department Building Dear Mr. Cooper: Briggs Associates International, Inc. is pleased to submit this proposal for an indoor air quality investigation at the Sebastian Police Department Building. It is our understanding that you want us to conduct a monitoring program that meets the following criteria: Monitorinq Proqram Background monitoring at select locations shall be performed to indicate intensity levels of site specific elements. Every indoor space shall be audited. Complete formal reporting of testing methodology and results are to be submitted to the Owner, Architect, and Engineer. Indoor levels of site specific elements shall be reported, accompanied with indication of NIOSH recommended safe levels of each element. Background monitoring shall be conducted for: City of Sebastian Police Department January 12, 1993 Proposal No. FL36.93.002.0 Page 2 of 5 Carbon Monoxide (CO) Carbon Dioxide (CO2) Total Volatile Organic Compounds (TVOC) Formaldehyde Bacteria (total count) Total Suspended Particulates (TSP) Yeast and Molds (total count) Relative Humidity (% RH) J=ollow UD Audits Follow up audits of indoor spaces shall be performed to indicate air handling equipment's operation. Carbon dioxide and relative humidity levels shall be read and reported for the new spaces two weeks after building occupancy. Monitoring shall be made while spaces are occupied on a Friday. Audits shall be made at 9:00 a.m. and again at 1:00 p.m. for each new space. Reports of carbon dioxide and relative humidity shall be submitted to the Owner, Architect, and Engineer. It is our understanding that the Police Department occupies a single story building that has a footprint area of 7,359 square feet. We will perform environmental monitoring that will include actual on-site testing at slx representative locations. We will test for the' substances listed above and also ozone. After we have completed our testing at the Police Department and received the test results from the laboratory, we will prepare a report of our findings, conclusions and recommendations. C~ity of Sebastian Police Department January 12, 1993 Proposal No. FL36.93.002.0 Page 3 of 5 Our budget estimate for performing the work is as follows:. Item Estimated Estimated I 1. F, ield Investigation -Monitoring Program IAQ Specialist $50/hr 20 (Includes Travel Time) * Mileage o Carbon Monoxide o Carbon Dioxide o Total Volatile Organic Compounds (TVOC) o Formaldehyde o Bacteria (total count) o Total Suspended Particulates (TSP) - Yeast and Molds (total count) o Relative Humidity & Temperature - Ozone $0.30/mile 320 $5 each 6 $5 each 6 $200 each 6 $10 each 6 $40 each 6 $12 each 6 $40 each 6 $5 each 6 $10 each 6 2. Follow Up Audit · IAQ Specialist (Includes Travel Time) · Mileage · Carbon Dioxide · Relative Humidity & Temperature $50/hr 10 $0.30/mile 160 $5 each 6 $5 each 6 3. Analysis and Report · IAQ Specialist · Project Manager Review $50/hr 16 $75/hr 4 $1000 $ 96 $ 3O $ 3O $1200 $ 6O $ 240 $ 72 $ 240 $ 3O $ 60 $ 500 $ 48 $ 3O $ 30 $ 800 Budget Estimate: $4766 City of Sebastian Police Department January 12, 1993 Proposal No. FL36.93.002.0 ~ Page 4 of 5 We are prepared to commence work on this project after receiving authorization to proceed. We anticipate completing the scope of work outlined in this proposal within 2 weeks of initiation of field activities. If any delays or unanticipated conditions are encountered, you will be advised. We will coordinate with you or your representative the exact time to begin our work in the school. An invoice will be submitted along with the above report and payment of the final balance is due within 30 days from invoice date. Additional Services As an additional service, we will also inspect and evaluate the clean-up measures that have already been conducted as per my conversation with Jan King on Friday, January 8th. This additional service will cost $75 per hour portal-to-portal plus mileage. We anticipate sending Richard Awsumb, Registered Architect of Briggs to the Site to conduct the inspection and prepare the evaluation report of the clean-up measures conducted to date. The report will also include our conclusions and recommendations. We recommend budgeting $1248.00 (16 hours @ $75 plus 160 miles @ $0.30) for these additional services. An invoice will be submitted along with our report and payment of the final balance is due within 30 days from invoice date. If the conditions of this proposal are acceptable to you, please sign one copy and return it to our office along with a purchase order. City of Sebastian Police Department January 12, 1993 Proposal No, FL36.93.002.0 Page 5 of 5 Thank you for considering Briggs Associates International, Inc. for this project. If you have any questions, please feel free to call us at your convenience. I Very truly yours, BRIGGS ASSOCIATES INTERNATIONAL, INC. Charles H. Gross, P.E. Corporate Director Environmental Services I RECEIPT OF THIS PROPOSAL IS ACKNOWLEDGED AND THE ICONDITIONS CONTAINED HEREIN ARE ACCEPTED BY THE CLIENT APPROVED FOR ~ITY OF SEBASTIAN BY DATE Type/Print Name and Title 01/25/93 18~41 ~ ~1 2804 ESE RIR DIU P.Oi Environmental Science & E,~gineerin§, Inc. Post-It "' branO lax transmittal memo 7671 _/* of ea;e,_ *, $*' January 25, 1993 Ms. Jan King City of Sebas0an Building De. partment 122~ Main Street Sebastian, Florida 329~8 407/~89-$537 407/$89-~$70 FAX Dear Ms. King: Re: Indoor Air Quality Assessment of the Sebastian Police Department, Sebastian, Florida: F~E No. 393-9509-999-181. Environmental Science & Engineering, Inc. (FSIS)'is pleas~ to offer this proposal for an indoor air quality survey of thc City of.Sebastian Police Department. It is understanding that the City of Sebastian has requested an indoor air quality assessment as originally specified in thc building constroction documents to accompany thc building #bakeout' procedure. F, SE has prepared a bid for the original bakeout monitoring, which is quoted below as Option 1. However, it is l~Ei's recommendation to not conduct such an evaluation. Ace, ording to telephone conversations with the City, the building appe. ars to have been contaminated with mold and mildew. ESE there, fore recommends that the extent of microbial contamination be determined using the following scope which is prcscnte, d here as option 2: 1. l~xaminc and sample Air Handling Units (AHU) for internal contamination; 2. 15xamine and sample duct work for internal contamination; 3. Verify building wall construction from plans, especially the vapor barrier position and examine the interior walls including: a) measurement of wall moisture content, and b) for any gypsum board consm~ction walls found to have high moisture levels, sample that drywall for microbial contamination on both sides of walls; 4. Check above the suspende~ ceilings for contamination; Fax (904) 332-0507 ~ ~1/25x9~ 15~42 ~ $~1 28~4 ESE Al~ DIU P.02 5. Perform an on-sim microscopic cxamil~ation to provide an immediate indication of any heavy microbial growth; 6. Check building pressurization to evaluate other potential moisture intrusion into the building; 7. Discuss with thc building manager, the history of wall and roof leaks and check areas which may be contaminated because of previous leaks; $. Conduct laboratory analysis of 15 bulk or tape samples to verify fungal contamination. It is F, SE's opinion that thc above evaluation is more appropriate for evaluating thc extent of thc observed mold contamination. Thc originally specified indoor air quality survey (Option 1), addresses many issues which such as pollutants from internal combustion cagines, radon, or pollutants generated outside of the building. The. sc arc not relevant to the fungal contamination which has developed since the building has been occupied, so sampling for thc above materials will not give useful information for the microbial contamination problem. ESE also strongly recommends that no air sampling be conducted at this time. If contamination has been observed becausc of visible mold growth, any potc. ntial sites of growth should be examined, as diseussed above. Air sampling will give no information on the locmion of microbial growth. It will give only inconclusive evidence on thc presence of fungal contantination. Air sampling will therefore be an urmccessary cxpcnsc which will not provide hclpfid inforsnation. ESE will provide you with a written report of findings within 4 days of receipt of thc laboratory results. You will be notified immediately by telephone of any exceptional laboratory results. Tape samples results will bc available five days after sampling. Bulk samples results will be available 2 to 3 weeks after sampling, because bulk samples must be grown in culture. Thc time required to grow microorganisms is variable and cannot bo controlled. V:~Sl3's written report will include tabulated results, an analysis of the results and rccommemded corrective actions. Thc lump sum cost for the scope of work including all measurements and analysis, reporting, travel and ali support functions is $5,050 for Option I. Thc price for Option 2 is $4,900. This includes preparatio, n, sample collection and analysis, travel, iflcidcatal expenses and a report of findings. Thts qtmtc is valid for 90 days after receipt of this proposal, i have attached a copy of F, SE's short form conlract which contains standard terms and conditions for conducting the proposed study. If this document is acceptable, we can usc it as thc basis for our agreement. The proposal is being sent to you by FAX. The original document can be presented to your representative at thc time of sampling if this is convenient. Radiatioa Th.~apy Oncolo~,y Centore J~door Air Quality Survey Page 3 BSE r~iuiros written notification to pr~_~ on all projects, acknowledging thc agreed upon price and authorization to commit funds to thc proj~t. This may bc the above short form contract or your purchase order or other formal notice of authorization. In the unlikely event that other tasks not inoluded in this price ate required for F. SE to complete the project, you will be informed at once and asked for written authorization to perform such addilional work. F.~E will invoice you upon receipt of the final report for the total cost of the project. Please phone me at 800/874-7872 ext. 6068, if you have any additional qu~tions or n~d additional information. Sincerely yours, ENVIRONMENTAL SCIENCE & ENGINEERING, INC. David P, Harlos, S Chief Scientist Indoor Air Quality and Air Toxics Associate Vic~ President Air Re.u)urce~ Division dpbO~em~,pm 01/25/95 ~8~44 ~ 331 2854 ESE ~IR DIU P.84 Euviromncntal Site Assessment Science & Short Form Contract Engineering, Inc. Valid ~or ~itc Ass~sn~n~ ~rvi~s Only Not Valid for ~rvi~ · Fawirol~mental Scicnce & F. ngineering, Inc. To Client ~ow SU~eL Adam, s aa~ Zip Coae) 1. SUc Nalnc, Full Addr~s: Pricc ((.~eqtk Appmprlme box) 2. ~ of Work: ~ Time and Ms,rials ~ ~ic~ to ~ provid~ by ~E are throe s~-ifically d~B~d and by the W~k ~) ai~ lo thi~ C~act. T~ sum o{ aU Work ~dera i~u~ under ~ ~b~ ~1 ~ot ~d ~,~ No Work Ord~ s~ll ~ valid until sign~ by ~th Client al~ ~. ~menis h~cor~rated bi Auth~2~Uon ~nd a~ptan~ ~ ~Ls Cont~ ~clud~ a~mn~ ot the terms a~ve, including all aKachmen{s, thc ~lt~tiolts printed ol~ the reverse side and all d~umcltts ln~r~rated by ~crcJ~cc. 3~J'mS of Payment; u~n ~l~ature of ~ntrac[. lnvoica net ~ days h'om daic of Invoice; hder~[ at 1.5%/month or thc hlgh~[ rate ailow~ by ~w appli~ to all overdue balan~ ~nning ~ days from date of invoice. ~is Slic Assessmcn[ Shofi Form ~ntract is subj~t to the T~rm~ mid CondHions appcarlng on the reverse side hereo~, ~cluding provisions limiting remedies and disclaiming wa~anties. Environmental Scien~ & Englneerin~ Inc. Terms and Conditions Jill' ~'i¥1s~% Is'hirh~'~'l' ~-tut~ Iisi. llw~ will ], I'clI~S~I~C~ ( j~ Iii(Mile pb~,,1 to tl~ j$~tiuim, id I~ iii( h iii t~.' ~11~" J(~* ~lili~ 9ild(~ ~imih, L~i, ktAKE~ ~(i [)I'IIEK Ili',PRESCN'IA'IION. GLiAK~TEE. OK W~RRAN'I'Y, E~'gl/~f, OR IMI%II.:~), IN FA('I' (JR RY LAW, ~IIE[II~[ Of M[RCIIANTaMI.I'I'Y. flI'NLST~ ~[~ ANY KIAY Ill: FL~RN$i Ilq I IIY [.~ ]g ('11E~'. I~I~I,AIIi:i) ~0~ ~11E I([CI.L~VE I ~[ Of ('1 II IhiJ (i~ itwt~ll~)t{o~ stray di~l,~' li.~ Jtt~',-~' exislt~ un~smlrollcd haza~',tnus (.' ts,~ie t~ough m) limit ~ I~. Thc ~ftwmat~c ~ d.vi~ mow~ Ihmugh a coj~t~mlnaK~ ajtm, Ilnkin& anV ~,m, d,marc (h.el~Jh*~ kt,~ s~ u~') Ics h,tXdr~,ktg ~'aMt'4u ~lld ~'a~h', ~ ],st~r KCKA ami thc Irt, alme~t. ~tt~{~e, Irin~,r( d~t' djs~)~NI .,( hJ~llili~,Mio~ ~J ~11 llJJJJiv Jll~ ~lJ, J ~liJ~J~Jl ~lh~ I~t)' ~l~l~ Ilmly l~1 llly~ ~li[lel~ iwli~' I- ~lhc~ I~d~. 111~i~]h'~ °l wl~ch I)~1~ l'llllll~l, [,~J~ it~le~t I~ (OmlJ~ ~ilk Ih~ JJ~ulJ City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SU ECT: Contribution to Poli e ) Agenda No. Officers Retirement :Fund ) ) Dept. of Origin: Finance (LWN) Approved for Submittal By: ) Marilyn Swlchkow ) Date Submitted 01/28/93 City Manager~~~_~ )For Agenda of 02/03/93 Exhibits: ) ) EXPENDITURE REQUIRED: 2,003.28 AMOUNT BUDGETED: APPROPRIATION REQUIRED: 2,003.28 SUMMARY STATEMENT Actuarial determination of the Police officers' Retirement fund for the Fiscal Year ending September 30, 1992 resulted in total required contributions of $75,171 for the defined benefit plan. The employee's contribution is limited to 5% of annual salary pursuant to the City Code Section 2-124 (a) (1), and the State contributes an additional amount based on a percentage of casualty insurance premiums written for insureds within the City limits of Sebastian. The City is required to fund the balance between the actuarially determined amount and the employee's contribution plus the State's share. The total required contribution is $75,171 less employees' contribution of $29,676.29 and the State's share of $13,742.52 leaving an additional amount to be paid by the City of 2,003.28. RECOMMENDED ACTION Appropriate $2,003.28 from the unencumbered General Fund balance and approve payment of same to the Police Officers' Retirement Fund for Fiscal Year ending September 30, 1992. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Golf Course Tournament ) Rates ) Approved for Submlttal By= I City Manager~ f Agenda No. Dept. of Origin= Finance (LWN) Date Submitted 01/28/93 For Agenda Of: 02/03/93 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY, According to Resolution Number R-92-40, which establishes the Golf Course rates for the period of November 15, 1992 through November 15, 1993, the only time group rates are in effect are during the summer time which is April 15 to November 14, 1993. There are two local charitable or not for profit groups, the Sebastian Elementary PTA and the local United Way, that wish to have a fund raising tournament in March. The individual rates in effect at that time are $28.00 before 1:00 p.m. and $21.50 after 1:00 p.m. Since the Golf Course wishes to be a good neighbor and to help local charitable groups raise funds for a good cause locally, we need to allow the approved group rate of $16.50 to be temporarily inserted into the January 15 to April 15, 1993 slot for these two promotions only. Since the Manager has the authority to adjust the time back to allow for a $21.50 per person charge, the cost to the Golf Course would only be $5.00 per person that plays. RECOMMENDED ACTION Move to approve the recommendation that the Sebastian Elementary PTA and the local United Way be allowed to have the group rate for a March fund raiser at the Sebastian Golf Course. sM) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEME~ The City engaged Mosby & Associates of Vero Beach to develop a conceptual site plan for the 7.3 acre extension of the Barber Street Sports Complex. The site can adequately house three multi-purpose playing fields to accommodate youth football, youth soccer, and other general recreational uses. The site would also contain amenities such as a parking lot, restrooms, concession stand, storage areas, picnic area, etc. The proposed layout would maintain a picnic area in the southeast section to preserve the oak trees in that area as well as provide a natural buffer to the adjoining residential neighborhoods. Further, the parking lot is designed to the north of the site to work in tandem with the parking lot for the Barber Street Sports Complex to the north and to keep traffic off the residential streets of Atlantis Terrace and Fairfield Lane. We are proposing to provide sports lighting for the center field only. After review and direction by the City Council, staff will then prepare construction estimates which would be used as the basis of funding. We anticipate requesting matching funds from Indian River County on the same basis as the Barber Street Sports Complex. RECOMMENDED ACTION Review the proposed conceptual site plan for the 7.3 acre extension of the Barber Street Sports Complex. ~./~.~7 City of Sebastian POST OFFICE BOX 780127 1:3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 AGENDA FORM SUBJECT: Fourth of July Committee Request Two Day Event APPROVED FOR SUBMI~ L BY: City Manager: ~ Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: ~ Cler~ 1/28/93 2/3/93 Malek Letter dated 1/28/93 Eckis Memo dated 1/27/93 '92 Festival Revenues & Expenditures EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council, at its January 13, 1993 Regular Meeting, at the request of John Malek, postponed action on the request to extend the 4th of July celebration to two days. Mr. Malek had only recently received staff memoranda on the request and required time to contact staff to address personnel and financial concerns. The City has received a letter from Mr. Malek outlining the purpose of hosting a two day event, stating that the previous request for additional funding has been withdrawn, and requesting written confirmation that all festival committee participants are covered by the City's liability policy. RECOMMENDED ACTION Review the request of the 4th of July Committee Chairman. i T of FOURTH January 28, 1993 I Mr. Robb McClary City of Sebastian I City Manager Sebastian, FL 32958 Subj: 4th of July Celebration Dear Mr. McClary: Pursuant to our recent meeting, we wish to apprise you of the current status of our proposal and request to host a (2) day event celebrating the 4th of July. After reviewing memorandums from Police Chief Earle L. Petty and then finance director Michael L. Hudkins, it became apparent communications were sorely lacking. Our communique to Mayor Powell of November 18, 1992 was a fact finding letter to determine if an extension could be accomplished. In fairness to all concerned, we did not adequately outline our objectives or intentions as we envisioned. The purpose and intent of hosting a (2) day festival are as follows: (1) Increase community participation and attract a larger segment of local citizenry due to increased time availability (2) Provide tourist packages for weekend stay (3) Generate increased revenues for recession hit local merchants (4) Provide avenue to address Indian River commission to attempt to secure share of tourist bed tax augmenting expenses (5) Increase revenues for event broadening and enhancing overall quality of festival (6) Provide an event future committees can use as a benchmark for quality and cooperation 805 Indian River Drive · Sebastian, Florida 32958 · (407) 589-4131 PaGe_ two Robb McClary Our aim is to cultivate and exalt our city's imagine while at the same time not adversly impactinG our human resources. In meeting with Chief Petty and Sr. SerGeant Gene Ewert on Jan 20, 1993, it was the concensus that the costs associated with festival could be dramatically contained if we adhered to the outline. T~r advice was to provide 10 officiers on July 3 and 4-6 on Jul~ 4th dependinG on the days activities. Per the attached memorandum from Public Works director Daniel Eckis dated 1/27/93, his revised budget is $1,507.29 in leiu of the original budget of $6,027 per administrative memo dated 12/28/92. I would like to point out that the costs associated with the 1992 festival were $2,207.40 and we wish to applaud and acknowledge the personal efforts of Mr. Daniel Eckis for his determination and dedication to this community in holding down costs. The proposed times for the festival are as follows: Saturday July 3, 1993 7:00 AM thru Midnight Sunday July 4, 1993 10:00 AM thru 6:00 PM On july 3 our aim is to hold the parade, have the street dance nnd shoot iff the fireworks being we~~qt~-~ceive a discount if we shoot off on Saturday. Ibis ~erta±ntl~constitutes the bulk~ of the larger crowds which require t~ional police and public works employees. On JUly 4th, we will have a continuation of food wendors, entertainment, arts and crafts and more time allocat~ for the 3i{~famous Chamber of Commerce fundraising effort. Per the copy of our budget for 1992, the expenses exceeded $14,000 and the city's contribution was approximately 1/3. Our request to increase the city's contribution was predicated on enhancing the overall scope of the festival. BeinG the city took the initiative by increasing the contribution, we wish to withdraw our request for additional funding. Lastly, the committee requires written confirmation that all committee participants are in fact covered by the cities general liability policy and are held harmless in the event of any situation arising from their duties relating to the festiv~. We hope this letter hiGhliGhts and addresses all areas of concern. On behalf of the committee and all interested citizens, we thank you and our council for your continued support and overall enthusiam for this festival. If additional information equired, your call or letter would be most welcomed. I City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE; January 27, 1993 TO: John Malek, Chairman 4th of July Committee FROM: Daniel C. Eckis, P.~) City Engineer/Public~W~>fks Director RE: 4th of July Overtime Costs Pursuant to your request for a complete overtime budget for a two day 4th of July Celebration, I have compiled the following list for your review: 4th of July Duty Rooster Saturday July 3rd Time Description Personnel Time Cost 7:00 A.M. Intersection Cliff 12:00 P.M. $ 83.85 7:00 A.M. Intersection Eddie 12:00 P.M. 86.55 7:00 A.M. Intersection Bill 12:00 P.M. 86.55 7:00 A.M. Intersection Jody 12:00 P.M. 74.35 7:00 A.M. Intersection Philip 12:00 P.M. 78.40 7:00 A.M. Intersection Brian 12:00 P.M. 68.85 7:00 A.M. Flag Crew Mark -9:00 A.M. 34.12 7:00 A.M. Flag Crew Mike 9:00 A.M. 31.92 6:30 A.M. Open Bldgs Desmond 8:00 A.M. 19.86 8:00 A.M. Clean Y.C. Desmond 9:00 A.M. 13.23 9:00 A.M. Park Patrol Desmond 10:30 A.M. 19.86 10:30 A.M. Community Ctr Desmond 12:00 P.M. 19.86 10:30 A.M. Community Ctr Jerry 12:00 P.M. 25.79 12:00 P.M. Park Patrol Carlton 4:00 P.M. 25.12 2:00 P.M. Park Patrol John 6.00 P.M. 47.40 2:00 P.M. Park Patrol Wayne 6:00 P.M. 63.84 2:00 P.M. Park Patrol Scott 6:00 P.M. 39.50 6:00 P.M. Park Patrol Kevin 12:00 A.M. 77.70 6:00 P.M. Park Patrol Bucky 12:00 A.M. 71.10 6:00 P.M. Park Patrol Dave 12:00 A.M. 89.22 6:00 P.M. Park Patrol Dicky 12:00 A.M. 71.10 Total cost for Saturday $1,128.17 Sunday, July 4th, 1993 8:00 A.M. Park Patrol Desmond 8:00 A.M. Park Patrol Carlton 4:00 P.M. Park Patrol Kevin 4:00 P.M. Park Patrol Tim 6:00 P.M. Park Clean Up Terry 6:00 P.M. Park Clean Up Tim Smith 6:00 P.M. Park Clean Up John P. 6:00 P.M. Park Clean Up Wayne Total Cost for Sunday Total Cost for two day Event 4:00 P.M. 4:00 P.M. 8:00 P.M. 8:00 P.M. 8:00 P.M. 8:00 P.M. 8:00 P.M. 8:00 P.M. Should you have any questions or need any additional information, please do not hesitate to contact me. 105.84 50.24 51.80 47.40 30.84 37.38 23.70 31.92 S 379.12 $1,507.29 Opening balance at IRNB Opening balance at FUNB Revenue: Booth sales Advertising Contributions (see detail) Volleyball Tournament 'Dunk tank Mechanical bull Moonwalk Ice sales Total revenue Expenses: Fireworks Entertainment Radio promotion Newspaper ad Tent rental Sky-divers Stationery Program stapling Postage Sanitation Trophies ice Total, expenses Excess (deficiency) of revenue over expenses Interest income Donation to City Ending balance in cash SEBASTIAN RIVER AREA FOURTH OF JULY FESTIVAL 1992 $1,844.21 277.55 2,121.76 4,300.00 1,085.00 7,875.00 '600.00 175.00 76.80 0.00 340.00 14,451.80 9,000.00- 2,540.0~ 1,000.00 ) 200.00 350.00 250.00 218.10 100.00 58.00 234.36 503.14 275.98 14,729.58 (277.78) 32.14 (599.58) $1,276.54 revised: 06-Jan-93 Contributions: City of Sebastian Sebastian Area civic Assoc. Dr. Fisher State Farm (Lois Kennedy) Keith's Oil Can Strunk Funeral Home Beatty Electric SUPERAMERICA John Beams (to Radio promo) Barnett Bank First Union Bank Ercildoune Lanes Winn-Dixie HALE GROVES Peter Marcyan Burney Carter Dr. Holyk Sebastian Financial GrOup Who-to-call Fox's Den American Legion Davis House Total SEBASTIAN RIVER AREA FOURTH OF JULY FESTIVAL Revised: ACTUAL THRU BUDGETTED 22-Jul-92 ADDITIONS $5,000.00 500.00 100.00 50.00 50.00 50.00 25.00 500.00. 500.00 250.00 200.00 200.00 100.00 100.00 100.00 25.00 25.00 25.00 25.00 25.O0 $7,850.00 50.00 25.00 $75.00 22-Jul-92 PROJECTED TOTAL $5,000.00 500.00 100.00 50.00 50.00 50.00 25.00 500.00 500.00 250.-00 200.O0 200.O0 100.00 100.00 100.0o 50.00 25.00 25.00 25.00 25.00 25.00 25.00 $7,925.00 I I I I i i I i I I I I I I I I I I I i I Regular city Council Meeting January 13, 1993 Page Nine 93.019 93.011 93.020 The majority of city Council concurred with two full courts at Tulip and BSSC and staff was directed to come back with costs. The City Manager recommended half courts. The city Manager was also directed to look at Tract E at Barber Street and Skyline Drive. ¢ouncilmember ~orum - Sebastian/U.~ Fish & ~ildlife ~ Signs ~ Mrs. Corum recommended placement of welcome signs at the city limits funded by U.S. Fish and Wildlife. She said plans for the placement are on hold at this time in light of celebration planning and that she will request at budget time to fund the signs. GOi~ Course ~ ~ ~ Recommendation ~ ~ city Manager Memo dated ~ Finance Director Memos dated 11/4/92 and 11/9/92~ Golf Course M~naqer ~emos dated ~ and ~ Faust Me~o dated 1/6/93) Mayor Powell was excused from 9:58 to 9:59 p.m. Henry Dolan, 444 Ponoka Street, Sebastian; and Thomas Wojciekowski, 425 Peterson Street, Sebastian; addressed city Council on Golf Course operations. city Council discussion followed and it was the consensus of City Council to wait until a Manager/Pro is hired before any operation changes are considered. W~liam Barber, 1001 GeDessee Avenue - Request to ~mend ~ode of Ordin~ Section 38-27 R~. Livestock~ Fowl a~dNon-Domes~icated Animals (Director of com~Dnit¥ DevelopDent RecommeDdatiop d.a~ed 12_~ Barber better ~ated 1 9_1_1~ EnfDrcemen~ ~ date~ 1 13~_~~ Section 18-27~ William Barber, 1001 Genessee Avenue, Sebastian, requested amendment to certain provisions of Section 18-27 and the Director of Community Development responded. The city Attorney said he did not think rabbits as pets are specifically prohibited under this code. Regular City Council Meeting January !3, 1993 Page Ten It was the consensus of City Council to place this item on the next workshop to receive City Council input to possibly revise the ordinance and to stay enforcement of the code violation for Mr. Barber until such time. TAPE III - SIDE I (10:24 p.m.) 11. PRESENTATION~ Mayor Powell requested an item relative to allowing garage sale signs at the next workshop. Mr. Oberbeck spoke on Macho Industries proposal to relocate a plant in the north county and recommended that City Council advise the County Commission by resolution that Macho adhere to regulations and that monitoring be conducted by the County. He said he had received a letter from the Sebastian Middle School PTA supporting this. MOTION by Oberbeck I would move we extend the meeting 20 minutes. Mr. Reid voted no to the motion. Mayor Powell adjourned the meeting at 10:30 p.m. and the following items were deferred to the January 27, 1993 Regular meeting. c. Mrs. a~armlx~ Corem D. Dr. peter R. ~ E. Mr. George G. ~ 10 Members of the City Council and Ladies and Gentlemen: My name is William Barber and I reside at 1001 Genesee Avenue in Sebastian. Recently I was cited by the Code Enforcement Officer for having rabbits and chickens on my property which is a violation of City Ordinance Section 18-27. I believe this ordinance is basically good and it is the type of ordinance needed by a City that promotes residential development. HoWever, this Ordinance also has some inherent faults. The most glaring shortcoming is that it severely limits those animals that can be "pets" to dogs, cats or birds. A parrot is a "fowl" but it can be domesticated and then be a pet. What is the difference in the behavior of a parrot or a chicken. They both cannot be taught to be quiet or toilet-trained, but they both live in a caged area, are fed by their owners and cared for in the same way if they are "pets". I am not raising chickens for profit or for sale. I have chickens because my son is allergic to cats and dogs. A bunny rabbit is certainly one of the most tranquil pets a child could have - certainly less trouble than a cat or dog, but under this Ordinance pet rabbits are considered non-domesticated animals - I believe this is far too narrow in defining what can be a "pet" I firmly believe that when Sebastian changed from large farms and ranches to a residential community, the founders who adopted to curtail the raising and selling of animals on residential properties I do not feel they meant to deprive children from having various animals, fowl or fish from being pets. Ladies and Gentlemen, I request that you amend the Code of Ordinances Section 18-27 and rectify a situation that is not in the best interest of the community. 18.27 ARTICLE I. IN Sec. 18.1. City dcsig-nnted blrd and wildlife sanc~uaryl unlawful to shoot or trap birds and certain animals; permit to kill; signs. The city, including ~1 lands now or hereafter within i~s ~crriLorial limits, is hereby established as a snncLua~ nnd a reserve [or all birds and fur.bearing anlmnls; and it shall be unlawful for any pcrsm~ l-o hunL, kill, shoal nr Lrap or in any manner kill or dcsLroy such birds and ~ur.bearin~ nnimnls within Iht clCx ~imiCs m~less written permission is expressly ~anted ~o an individual or ~oup by {~e city manager. The ~i~y manager is hereby authorized ~o issue a pc~i~ for ~he killing or des~ro~ng o~ any birds and rur-bcarin~ ~nimals ~hal become obnoxious or destructive. Appropriate si~s ora permanent nature approved by ~h~ city council may be h~rnished, placed and maintained a~ ~he principal entrances ~o the ciiy limits. (Oode 1980, ~ 5-]) Sees. 18-2-18.25. Reserved. " A.IITICLE II. LIVESTOCK .. Sec. 18.26. Definitions, The following words, terms and phrnses, when used in this article, shall have Lhe mean- ings:ascribed to them in this section, except where thc context clearly indica~s a differen~ meaning: Fowl means ail types of chickm~s, ducks, t. urkey~ or similar birds. Liuc.woch menns nil animals of ~}~e eqtfine, bovine or swine class, including goats, sheep, mules, horses, hogs, cat,lo an~ o~her Krnzing animals. Nondomesticated ani,nal means any animal o~her ihan livestock, fowl or any dog, cat, bird or similar animal. , fCode 19~0, ~ ~.2ta)) Cross reference-Definitions nnd rule~ o~ c~nsCrucL/on generally, ~ 1.2. Sec. 18-27. Livestock, fowl and nondomes~icn[ed nnimaJsprohibited. ta) Prohibited. I~ shall be unlawful for any person to keep, maintain, pen or ~eed livestock, ~owl or nondombsticn~ed animal~. th) Exemptions. The Fol.16~ing exemptions are hereby mnde ~o Chis section: (1) Z~vestock, fowl or nondomest~cated animals ~mpounded pursuant ~o ~his section or any county, s~ate or ~ederal law and in the possesstion o~ ~he officer designated to have possession under any such law. '(2) fowl and nondomesticated animals that are kept as pets in a pen or cage or that live naturally on any body of water and are not raised to sell or profit from and are control'led, fed and kept by the property owner within the confines of his property. (ct Penalties. Any person violating any or the provisions of' this section shall, upon con. vlction thereo[, be punished in accordance with the provisions of section 1-10 of the Code. IOnde 1980, § 5-2) ' I I i I I i I I i I I I I i I I I I ANIMALS § 18-27 ARTICLE I. IN GENERAL See. 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 or 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. (Code 1980,'§ 5-1) Secs. 18.2-18-25. Reserved. ARTICLE II. LIVESTOCK Sec. 18-26. Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Fowl means all types of chickens, ducks, turkeys or similar birds. Livestock means all ~nimals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals. Nondomesticated animal means any animal other than livestock, fowl or any dog, cat, bird or similar animal. (Code 1980. § 5-2(a)) Cross reference-Definitions and rules of construction generally, § 1-2. Sec. 18-27. Livestock, fowl and nondomesticated animals prohibited. (a~ Prohibited. It shall be unlawful for any person to keep, maintain, pen or feed livestock, fowl or nondomesticated animals. lb) E.,:emptions. The fo]lowing exemptions are hereby made to this section: livestock, fowl or nondomesticated animals impounded pursuant to this section or any county, state or federal law and in the possession of the officer designated to have possession under any such ]aw. (c) Penalties. Any person violating any of the provisions of this section shall, upon con- vic(ion thereof, be punished in accordance with the provisions of section 1-10 of the Code. (Code 1980, § 5-2) CD18:3 O2O City of Sebastian POST OFFICE BOX 780127 [2 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PROPOSED ORDINkNCE AMENDMENT REGARDING OFF-PREMISE SIGNS FOR GARAGE SALES Approved For Submittal By: ~- City Manager /~' ~ Dept. Origin: Community Development Date Submitted: 01/28/93 For Agenda Of: Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the regular City Council meeting of January 13, 1993, Mayor Powell suggested that the ordinance prohibiting off-premise garage sale signs be reviewed. Currently, Section 32-12 of the Code of Ordinances allows only one sign, maximum of 4 sq. ft., to be placed on the property where the garage sale is being conducted. No off-premise directional signs are permitted by our current code. Any person who places signs within the right-of-way to direct traffic to their residence could be subject to a fine of $250.00 a day, every day the violation exists. Staff believes an ordinance allowing signs to direct traffic, with restrictions, would be appropriate. With the Sebastian Highlands designed as the maze it is, someone may need to place a lengthy page ad to give directions to their home. If the City Council is so inclined to revise this recommends the following restrictions: Section, staff Any applicant that desires the placement of off-premise signs shall purchase said signs from the City Clerk's office. No other off- premise signs shall be placed by anyone for said garage sale. m A maximum of four (4) off-premise Sebastian rights-of-way. be allowed. signs may be placed within City of A maximum of one sign per intersection would Page 2 3. Off-premise signs shall be located at least five (5) feet from the~ adjacent street (edge of pavement), and shall not exceed a height of three (3) feet. 4. No off-premise signs shall be placed no sooner than the day of theI sale and must be removed at the end of the sale (a maximum of 72 hours). RECOMMENDED ACTION Review off-premise sign requirements for garage sales. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: PLANNING & ZONING COMMISSION RECOMMENDATION REGARDING ADMINISTRATION OF AN OATH. Approved For Submittal By: City Manager ~=---- Agenda Number: ¢3. ~0 Dept. Origin: Community Development (BC)~ Date Submitted: 01/07/93 For Agenda Of: ~ Exhibits: 1. Memo dated 12/8/92 from Planning & Zoning 2. Proposed resolution EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of December 3, 1992, the Planning & Zoning Commission recommended to the City Council to pass a resolution to require the administration of an oath to the applicants and witnesses who appear before the board when acting in a quasi-judicial capacity. This matter was prompted from a meeting with the City Attorney on November 5, 1992 regarding restrictions and methods for the commissioners to solicit evidence while sitting in a quasi-judicial capacity. RECOMMENDED ACTION Move to direct staff to draft a resolution for the Planning & Zoning Commission regarding administration of an oath. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 ~.A.~E; TO: FROM.: December. 0S, 1992 Mayor and City Council Planning and Zoning Commission RE: Oath Administration The Planning and Zoning Commission at their regular meeting on December 3rd, 1992 discussed a proposed resolution regarding administering an oath to the applicants and witness who appear before the board when acting in a quasijudicial capacity. The commission believes based on the City Attorney's comments that this Resolution should be passed and become a part of their regular agenda and procedures. Your assistance in adopting this Resolution or directing the City Attorney to prepare a similar resolution is greatly appreciated. oath. doc I I i I I i I i i i I I I I i i I I From: Re: Date: Planning and Zoning Commission Howard Goldstein Procedural enhancement - Witness oaths 2 December 1992 At the 5 November commission meeting our city attorney recommended rather draconi- an restrictions on the methods through which the commissioners, when sitting in a quasi- judicial capacity, may elicit evidence. These new restrictions will cause our board to place an even greater reliance on the testimony of applicants and other interested witnesses before us than in the past. Although we were advised that Florida law currently prohibits those speaking before public bodies such as the P&Z commission from being other than truthful, I believe that the administration of the oath would be a salutary addition to our powers and therefore propose the following resolution: PROPOSED RESOLUTION - OATH ADMINISTRATION WHEREAS, matters affecting the health and welfare of City of Sebastian residents are frequently decided before the Planning & Zoning Commission; and WHEREAS, the Commission is required to hear relevant evidence, much of it by way of oral testimony, regarding matters before it; and WHEREAS, the Commission desires to contemporaneously remind witnesses testifying before it of their obligation to submit truthful and complete testimony so as to facilitate the rendering of competent decisions; and WHEREAS, the Commission believes the administration of the oath will promote citi- zen confidence in the decision-making process, BE IT RESOLVED, that the Commission, through its duly elected Chairman (or de- signee which may include the Commission's Secretary,) shall administer the oath to all wit- nesses appearing before it on non-legislative matters; and BE IT RESOLVED, that in order to expedite Commission meetings, the oath may be administered "en masse" to all persons expecting to testify, at the commencement of the agenda. LET THE RESOLUTION be transmitted to the Council of the City of Sebastian and recommended for approval at its next meeting. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: PROPOSAL TO PLACE TV MONITORS IN THE CITY COUNCIL CHAMBERS Approved For Submittal By: City Manager ) ) Dept. Origin: Community Development ) (BC~ ) Date Submitted: 01/07/93 ) ) For Agenda Of: 01/13/93 ) ) Exhibits: ) ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of November 5, 1992, the Planning & Zoning Commission was advised by the City Attorney not to visit any sites that may be before the Planning & Zoning Commission for specific actions while sitting as a quasi-judicial body. Basically, board members will not be able to visit any of the sites for site plan review, preliminary subdivisions, planned unit developments, home occupational licenses and conditional use permits. In order for the Planning & Zoning Commission to be properly informed of the site prior to making any decisions that may impact the general area, staff will be taking videos of the subject area for review at the time of the meeting. In order for the commission, applicant and the audience to adequately view the video, staff would recommend TV monitors to be strategically located in the City Council Chambers. As you are aware, the Community Development Department recently purchased the budgeted video camcorder primarily for Code Enforcement proceedings. Now that it is apparent that the video camcorder will be used widely for all boards and City Council to review particular sites at a public hearing, I would recommend that the City Council authorize the purchase of the TV monitors to provide adequate viewing for all persons involved. Page 2 Staff would also recommend that a VCR be purchased and tied into the system which would allow interested parties to give presentations. Although these items have not been specifically budgeted, there are sufficient funds to be appropriated under the public building improvements (city Hall renovations) fund. Staff would estimate that these improvements would cost approximately $1,500.00. RECOMMENDED ACTION Review the request from staff. I -i i I i i I I i I I I I I I I I I I City of Sebastian POST OFFICE BOX 780127 [; SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PLANNING & ZONING COMMISSION RECOMMENDATIONS REGARDING CHANGES TO HOME OCCUPATIONAL LICENSE AND MEMBERSHIP REQUIREMENTS FOR THE PLANNING & ZONING COMMISSION Approved For Submittal By: City Manager ~ Agenda Number: ~,0~ Dept. Origin: Community Development (BC)~ Date Submitted: 01/18/93 For Agenda Of: 01/27/93 Exhibits: Memo dated 11/20/92 from Planning & Zoning Commission EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of November 19, 1992, the Planning & Zoning Commission recommended to the City Council that Section 20A-6.1 (C)(14) of the Land Development Code regarding home occupational licenses be amended to include the following: No home occupational license can be approved if any other violations exist at the applicant's residence. The Commission also recommended a change to Section 20A-11.3 (A)(3) of the Land Development Code regarding the Planning & Zoning Commission as follows: The two year requirement serving as a regular member for chairman be reduced to one year and that the chairman and vice chairman terms be limited to one year. RECOMMENDED ACTION Review Planning & Zoning recommendations. I City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 · qATE r, November. 20, !992 Mayor, and City Council FROM: RE: Pl ann-ing and Zoning Commission.,,F~f Att'ions i:)y Commiss.:i. on At t,~eir' r'equl ar..., mee'tir, q. on November 2.9, ~'~'.-~. the fol i ok, ing act';.ons wer-e taken: A motion to recommend that the Lar".,d Deveiopmer.:t Code .~e changed to include the following: ND HOME OCCUF'ATIONAL LICENSE CA~ BE APPROVED IF ANY OTHER VIOLATIONS EXIST AT THE APF ......... ~- ~' -'~' . =.L~,~ ~E.~I This mot'.ion passed unanimously. motion to change the membership mec!uir'emer';t sectior~ to incluoe 'Lhe +c.',l l o~,ing: The two year' r'ecui. Pement serving as a r"ec:.~ular~ member- fop chair-man be ~ec'Juced to, one year- and that cI":a:~.r'man ant; vice cba';r'mar, ~erms be ] imited to one year'., The mc.',t, i c)r'~ Dasd. ecl L-',t'·i¢..~.,,'*'~ :[ rhOctS '! '-y'. I City of Sebastian POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r:] FAX (407) 589-5570 SUBJECT: RESOLUTION R-93-03 REGARDING THE NAME OF STRATTON & PORTION OF BARBER STREET City Manager Agenda Number: Dept. Origin: Community Development Date Submitted: . 01/28/93 For Agenda Of: 02/03/93 Exhibits: 1. Map of Stratton 2. Resolution R-93-03 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT As previously discussed, we would recommend changing the name of Stratton Avenue to Barber Street and changing that portion of Barber Street north of Stratton to another name. We believe this name change will better identify this major access to our community. Currently there is one home on Stratton Avenue and five homes on Barber Street that would have to change their address if the City Council adopts this resolution. The resolution has been prepared and we need direction from City Council to rename that portion of Barber Street. Lonnie's Lane, Carolyn's Corner, Frank's Way, Reid's Road or Peter's Place are all good ideas but, City Council may have a better name. RECOMMENDED ACTION Review Resolution R-93-03. RESOLUTION NO. R-93-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CHANGING THE NAME OF STRATTON AVENUE; CHANGING THE NAME OF A PORTION OF BARBER STREET; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SEVER~BILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined it to be in the best interest of the citizens of the City of Sebastian to change the street name of all of the street currently known as Stratton Avenue and a portion of the street currently known as Barber Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: Section 1. STRATTON AVENUE NAME CHANGE. The entire length of Stratton Avenue, beginning at Barber Street and running west to U.S. 1, shall be changed to the name of Barber Street. Section 2. BARBER STREET NAME CHAN~E. That the portion of Barber Street beginning at the intersection of Barber Street and Stratton Avenue, running north, and eventually west, to the intersection of Schumann Drive shall be changed to the name of Section 3. CONFLICT. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Sectio~ 5. EFFECTIVE DATE. immediately upon final passage. The foregoing Resolution Councilmember Councilmember the vote was as follows: Mayor Lonnie R. Powell This Resolution shall take effect was moved for adoption by . The motion was seconded by and, upon being put into a vote, Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Peter R. Holyk Councilmember George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted this day of ...... , 1993. CITY OF SEBASTIAN, FLORIDA 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 - I I I i I I I I I I I I I I I I I I I I I I i CITY LIMITS