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HomeMy WebLinkAbout02231994 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 23, 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 - Pastor Randy Berry - First Baptist Church - Winter Beach 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/Ok DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION None. 94.058 PG I PGS 3-32 94.059 PGS 33-40 94.060 PGS 41-45 8. ITEMS CARRIED FORWARD FROM 2/8/94 REGULAR MEETING Introduction of New Business from the Public - Herbert Sturm, 549 Saunders Street, Sebastian - Lack of Response from Council (Sign-up Sheet) 9. 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 - 2/4/94 Special Meeting, 2/5/94 Special Meeting, 2/9/94 Special and Regular Meetings RESOLUTION NO. R-94-13 - Vacation of Easement - Repeal Resolution No. R-87-16 (City Clerk Transmittal dated 2/15/94, city Clerk Memo dated 2/2/94, R-94-13) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIFTEEN FEET OF THE TWENTY- FIVE FOOT WIDE REAR EASEMENT ON THE SOUTH SIDE OF LOTS 4 AND 5, BLOCK 407, UNIT 7, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING RESOLUTION NO. R-87-16; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R-94-16 - Vacation of Easement (City Clerk Transmittal dated 2/15/94, R-94-16, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTH FIVE FEET OF LOT 16 AND THE NORTH FIVE FEET OF LOT 15, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 153, SEBASTIAN HIGHLANDS UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-102, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 94.061/ 93.246/ 92.179 94.046 PG 57 94.062 PGS 59-78 94.003 PG 79 94.063 PGS 8~-87 94.064 PGS 89-90 RESOLUTION NO. R-94-15 - Amending Legal Description for Fischer Mulch/Burn Special Use Permit Expiring 7/22/94 (Director of Community Development Transmittal dated 2/15/94, city Attorney Letter dated 12/1/93, R-94-15, Legal Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-33, PERTAINING TO THE GRANTING OF SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND BURNING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, BY PROVIDING A MORE SiTE SPECIFIC LEGAL DESCRIPTION FOR A TRACT OF LAND APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH OF COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND EAST OF THE WESTERN CITY LIMITS, 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. Waiver of Bidding Procedure - Golf Course Foot Bridge - Southeastern Prestressed - Sole Source for Concrete Pilings at Reduced Price - $2,777.50 (City Engineer Transmittal dated 2/14/94) Waiver of Bidding Procedure - Installation of Eight Utility Crossings Under CR512 - Purchase Materials from Davis Meter and Supply Company, West Palm Beach, (Indian River County, St. Lucie County and Orange County Bid Price) - $22,673.00 - Authorize Public Works to Install for Total Project Cost of $33,850.00 (Utilities Director Transmittal dated 2/16/94 [See List of Exhibits in Packet]) Equity Study Commission - Appoint Maureen Poole, Twin Rivers Realty (City Clerk Transmittal dated 2/17/94) Receive Code Enforcement Orders - No. 93-8933 (Malone), No. 93-9011 (Vasey) Request Use of Community Center - Cramer/Elam Wedding and Reception - 3/26/94 - 5:30 pm to 9:30 pm - A/B - Permittee Cramer DOB 8/15/56 - Security Paid (City Clerk Transmittal dated 2/8/94, Application) 10. 11. 12. 13. 94.065 PGS 91-93 94.066 PGS 95-98 94.067 PGS 99-101 14. 94.010 PGS 103-112 94.068/ 93.247 PGS 113-114 PRESENTATIONS CITY ATTORNEY MATTER,S CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOAR~ Accept Resignations of Donato DeRobertis and Henry Fischer (Director of Community Development Transmittal dated 2/16/94, DeRobertis Letter dated 1/28/94, Fischer Letter dated 2/15/94) Appoint Joseph Generazio to Businessman Position for Three Year Term to Expire March 1997 and Readvertise to Fill Two Vacant Positions (Director of Community Development Transmittal dated 2/16/94, Application) B. BOARD OF ADJUSTMENT Accept Resignation of Donald J. Elsessor (Director of Community Development Transmittal dated 2/14/94, Elsessor Letter dated 10/29/93, Minutes Page) OLD BUSINESS A. RESOLUTION NO. R-94-18 - City Manager EmploYment Agreement (Personnel Director Transmittal dated 2/17/94, R-94-18, EmploYment Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND JOEL L. KOFORD FOR THE PURPOSE OF EMPLOYING MR. KOFORD AS CITY MANAGER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABiLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Extend city Clerk 20% Compensation During City Manager Transition Period Up to Six Months (Vice Mayor Oberbeck Transmittal dated 2/15/94, 8/11/93 Minutes Page) 15. 94.069 PGS 115-118 94.070 PGS 119-122 94.071 PGS 123-126 94.072 PGS 127-128 94.073/ 91.138/ 90.116 PG 129 NEW BUSINESS A. ORDINANCE NO. 0-94-02 - Repeal GDU Water Franchise (City Clerk Transmittal dated 2/10/94, 0-94-02) 1st Reading, Set Public Hearing for 3/9/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-8; REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC. WATER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-94-03 - Repeal GDU Sewer Franchise (City Clerk Transmittal dated 2/10/94, 0-94-03) 1st Reading, Set Public Hearing for 3/9/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-9; REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC. SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-94-04 - Repeal Sebastian Lakes Utility Franchise (City Clerk Transmittal dated 2/10/94, 0-94-04) 1st Reading, Set Public Hearing for 3/9/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-85-16; REPEALING THE SEBASTIAN LAKES UTILITY COMPANY WATER AND SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES'OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Golf Course - Request One Additional Part-Time Cart Attendant for Total of Four (Golf Course Manager Transmittal dated 2/1/94, Budget Page) Schedule Public Hearing for Vickers Grove Sandmining Special Use Permit - Request to Expand Existing Sandmine and Modify Preliminary Plat (Director of Community Development Transmittal dated 2/16/94) 5 94.074/ 92.233/ 91.041 P~ 131 94.075 18. F. Request Three Year Time Extension for San Sebastian Springs West Preliminary Plat (Director of Community Development Transmittal dated 2/16/94, Fischer Letter dated 1/13/94) 16. MAYOR AND CITY COUNCIL MATTERS A. ~or 'Lonnie R. Powell B. Vice-Mayor .Frank Oberbeck C. Mrs. Carolyn Corum D. Mrs. Norma Damp 1. Seek Location for Tractor Trailer Parking (No Backup) E. Mr. Robert ~reeland 17. INTRODUCTION OF NEW BUSINESS BY THE PUBL!~ (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 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.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. I I I I i I I I I I INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET FEBRUARY 9, 1994 REGULAR CITY COUNCIL 1WF~ETING (Use this form OHLY for presentation of matters HOT on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) NAME ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: I I I I I I~. I NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of'Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING FRIDAY, FEBRUARY 4, 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. PURPOSE: Continuance of Public Hearing from January 13, 1993 - Henry Fischer Request for Special Use Permit - Mulching/Burning Facility - Extension of Two to Three Years Mayor Powell called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Special cit~ Council Meeting. February 4, 1994 Page 93.356/ 93.246/ 92.279 CONTINUANCE OF PU~LIc HEARIN____~ I A. Henry Fischer - Request for Amendment of Special Use Permit for Mulching/Burning Facility - Extension Two to Three Years (Director of Community Development Transmittal dated 11/30/93, Application, Cooper Letter dated 11/3/93, Kebbel Letter dated 11/6/93, Fischer Letter dated 11/8/93, Cooper Letter dated 11/30/93) The City Attorney advised City Council relative to procedures for this hearing. Mayor Powell opened the public hearing at 7:05 p.m. The City Attorney swore in Fred Mensing, Warren Dill, George Metcalf, Charles Cramer, Randy Mosby, Robert Walker, A1 Vilardi, Melody Manning, and Marion Bacon. Warren Dill, counsel for applicant Dr. Henry A. Fischer, said for the record, the court reporter, Ryan Recorder, is here on behalf of Damian Gilliams. Mr. Dill said the applicant is requesting a three year extension on the current special use permit, approval of a sawmill and listed five reasons for the request. He said the use would be temporary. Randy Mosby, Mosby & Associates, offered testimony on behalf of the applicant. Resolution No. R-87-19, approving a Sandmining Special Use Permit, was submitted as Exhibit A by Attorney Dill. Mr. Mosby exhibited a map prepared by him, and stated that the temporary facility is no threat to the health, safety and welfare of the public if operated in accordance with permits. Robert Walker, Empire Engineering and Testing, Veto Beach, offered testimony on behalf of the applicant relative to permits, specifically the Florida Department of Environmental Regulation permits for the facility, and stated that there is no threat to the health, safety and welfare of the public. Mr. Walker referred to a letter dated October 27, 1993 from Empire Engineering and Testing regarding noise levels. Spe¢ial..CitY councii Meeting 'February 4, 1994 Page Three Charles cramer offered testimony on behalf of the applicant, read a letter dated December 28, 1993 from him to Roger Pearsall, Sebastian River Middle School. The letter was offered as ~xhibit ~. Mr. Cramer discussed a complaint by Logan Crocker, 7916 96th Court, Vero Lake Estates, regarding alleged burning at the site on January 26th. Mr. Cramer's memo dated January 27, 1994 was offered as Exhibi~ ~. Mr. Cramer read dates of fire permits issued by the Department of Forestry for January 26, 1994, and exhibited a map showing the location of the burn. TAPE I - SIDE II (7:50 p.m.) Copies of the burn permits were offered as ~ts D and E. Mr. Cramer had in his possession a notebook containing burn permits in Indian River County and again presented the map showing permitted burn sites within the last year. He also referred to a summary of all those permits and stated that 202 permits have been issued since last January and 27 issued this month. The notebook prepared by Mr. Cramer was offered as Exhibit ~ and summary of permits as Exhibit 2- Mr. Cramer said burning at the site does not take place unless there is a wind from the east or southeast and testified to the safety of the operation. Mr. Dill offered a letter from Empire Engineering and Testing dated October 27, 1993 as ~ ~, and permits from the Florida Department of Environmental Regulation dated January 15 and 19, 1993 as Exhibit I. Mayor Powell called recess at 8:00 p.m. and reconvened the meeting at 8:08 p.m.. Ail members were present. Fred Mensing, 7580 129th Street, Roseland, testified to the cleanliness of and need for the applicant's operation. 3 Special City CoUncil Meeting February 4, 1994 Page Four George Metcalf, 425 Pine Street, Sebastian, urged denial based on proximity to residential districts and a school. Mr. Metcalf submitted photographs dated December 7, 1993 as Exhibits J and ~. Mr. Dill inquired who was flying'the plane and Mr. Metcalf said he believed the name of the pilot was irrelevant. Mr. Metcalf submitted further photographs as ~ L. and ~. Mr. Dill said his client cannot positively identify the photographs as the site. Mr. Metcalf objected to naming the pilot because he hired the pilot. He said he had piloted aircraft, however, not in this area. The Director of Community Development said he could identify the subject site in the photographs. The City Attorney said the name of the pilot was not relevant. Mr. Metcalf submitted another photograph taken in March 1990 as Exhibit N. A1 Vilardi, 445 Georgia Boulevard, Sebastian, addressed City Council. Marion Bacon, Vero Lake Estates, testified for Melody Manning relative to smoke from the subject site during November 1993 and other times, said Marion Johnston is not a member of the Vero Lakes Property Owners Board of Directors. TAPE II - SIDE I (8:45 p.m.) Mr. Walker offered testimony in response to the City Attorney relative to the noise study he conducted from Lot 87 in San Sebastian Springs Subdivision, a distance of approximately 700 feet. Mr. Walker noted the location of the test on the city zoning map. Mr. Mosby offered testimony in response to the City Attorney relative to his expertise in permitting and engineering, his knowledge of EPA standards and City Code of Ordinances. Mr. Mosby pointed out the subject site on the city's zoning map. SpeCia1 City'Council Meeting February 4, 1994 Page Five Mayor Powell Called recess at 9:05 p.m. and reconvened the meeting at 9:12 p.m. Ail members were present. Mr. Cramer offered testimony in response to the City Attorney relative to ~his employment with the applicant as supervisor of the mulching site. Fred Mensing offered testimony in response to the City Attorney relative to his knowledge of hauling prices and land values. The Director of Community Development offered testimony in response to the City Attorney relative to his knowledge of the Code of Ordinances, special and conditional uses, said the distance between the nearest platted lots to the mulching facility is approximately 600 feet, the closest lot being lot 140 of River Oaks, discussed the current special use permit for mulching as approved by R-92-33 and the conditions by which it was approved, cited regulations in Section 20A-2.6 (b) (1) and (2) of the Land Development Code, said he has been in this field for twenty years, and said this type of use is not consistent with the RS-20 zoning district uses. The Director of Community Development offered testimony in response to Attorney Dill relative to violations, expansion of the operation, use of the sawmill, TAPE Ii - SIDE II (9:39 p.m.) read conditional uses for RS-20, said the city had not conducted a certified noise study, and said he believed the noise study conducted is flawed. Marion Bacon offered testimony in response to Attorney Dill relative to smoke, said her home is one mile to the subject site, and said she had no doubt where the smoke was coming from. Mr. Dill showed Mrs. Bacon the site of other burn sites from November 1993. A1 Vilardi offered testimony in response to Attorney Dill regarding smoke. Special city Council Meeting February 4, 1994 Page Six Randy Mosby offered testimony in response to Melody Manning relative to engineering and permitting, said he was unaware of other construction clearing sites taking other's debris. Robert Walker offered testimony in response to Melody Manning relative to typical debris and length of time for burns. Charles Cramer offered testimony in response to Melody Manning relative to time needed to clear the site if not extended, said 60 to 70% is Fischer debris and that 80% of the material has been sold off, and said he could not estimate the profitability of the operation. The Director of Community Development offered testimony in response to Melody Manning relative to the duration of other special use permits issued by the City. The Director of Community Development offered testimony in response to the City Attorney relative to conditional uses for RS-20 zoning. Mayor Powell called recess at 10:10 p.m. and reconvened the meeting at 10:12 p.m. Ail members were present. Attorney Dill made his closing statement to City Council stating that he believed it had been shown that the use is not detrimental to the health, safety and welfare of the public and requested that the use be granted from the time of the current permit expiration. The City Attorney gave his closing statement, and advised City Council on its duty in this matter to find compliance with Section 20A-2.6 of the Land Development Code. Mayor Powell closed the public hearing at 10:20 p.m. MOTION by Damp I'd like to make a motion to extend the date of the temporary permit for two years for the Fischer's mulching from the present expiration date of July 22, 1994, for mulching, air incineration and sawmill. Special City Council Meeting February 4, 1994 Page Seven MOTION died for lack of a second. MOTION by Oberbeck/Freeland I would move to deny the extension for the Fischer mulching and burning temporary permit, Special Use Permit. The Director of Community Development reiterated his opinion that this type of use is not compatible with other uses in RS-20 zoning. The City Attorney advised that if City Council can find that this type of use is not compatible with other uses permitted or allowed in RS-20 zoning, then it cannot approve the application. City Council discussion followed. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Damp - nay) Being no further business, Mayor Powell adjourned the Special 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 7 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING SATURDAY, FEBRUARY 5, 1994 - 9:00 A.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. 94.010 PURPOSE: City Manager Selection 1. Mayor Powell called the Special Meeting to order at 9:00 a.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Personnel Director, Wendy Widmann Deputy City Clerk, Sally Maio Special City Council.Meeting February 5, 1994. Page Two ' .. CITY MANAGER SELECTION The Personnel Director suggested the selection process begin by ranking and then determining the agreement, salary range, car allowance, termination clause, and training. Number One ~ Damp - Koford Corum - Hester Powell - Koford Oberbeck - Rozansky Freeland - Koford Number Two Ranki~q Damp - Rozansky Corum - Koford Powell - Rozansky Oberbeck - Koford Freeland - Rozansky Number Three Rankinq Damp - Hester Corum - Beach Powell - Hester Oberbeck - Hester Freeland - Hester Number Four RankiDq Damp - Beach Corum - Rozansky Powell - Beach Oberbeck - Beach Freeland - Beach City Council concurred with starting negotiations with 5% for retirement; offering one of the city vehicles for his use but when needed in an emergency he will be paid $ .21 per mile; making a six month guarantee with an evaluation after that period with the possibility of further negotiations; offering $55,000 to start; concurred with offering 1/3 of moving expenses after one year, another 1/3 after two Special City Council~Meeting February 5, 199-4. Page Three years and another 1/3 after' three years not to. exceed $2,100; TAPE I - SIDE II (9:48 a.m.) allowing one out of state conference per year; requiring thirty day notification of termination by both parties. Mayor Powell called recess at 9:51 a.m. and reconvened the meeting at 10:00 a.m. Ail members were present. City Council concurred with compensating for professional organization memberships such as ICMA. Mayor Powell called recess at 10:10 a.m. to allow the Personnel Director to phone Joel Koford, and reconvened the meeting at 10:19 p.m. All members were present. The Personnel Director said she was unable to reach Mr. Koford, however she would attempt to contact him and invite him to be here Wednesday. Mr. Oberbeck requested a list of references for Mr. Koford. It was decided that the Personnel Director will contact him and if he can attend, the Mayor or Vice Mayor will call a Special Meeting for Wednesday, February 9, 1994 at 6:00 p.m. Being no further business, Mayor Powell adjourned the Special Meeting at 10:25 a.m. Approved at the Meeting. , 1994, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk I I I I i I i I i I I I I I I I I I City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, FEBRUARY 9, 1994 - 6:00 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. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Personnel Director, Wendy Widmann Deputy City clerk, sally Maio And: Mr. Joel Koford Special City Co~'hci~ Meeting February 9, 1994 Page Two 4. iDISCUSS AND NEGO~ TERMS OF PROPOSED AGREEMENT WITH JOEL KOFORD FQR ~MANAGER City Council reached a consensus on the terms of the proposed agreement submitted by Joel Koford to the Personnel Director and City Council today. The Assistant City Attorney said he would need time to review the Indemnification, Bonding and Other Terms and Conditions of Employment clauses, and that a contract in proper legal form will be prepared. MOTION by Oberbeck/Freeland I would move that we engage Joel Koford as the City Manager subject to the completion of the drug testing, background checking, and the signing of the contract when prepared and the physical which goes along with the drug testing. Mr. Koford said he can begin on February 23, 1994, and explained that he has a personal prior commitment on March 3 and 4, 1994 in Oregon. The Assistant City Attorney said the contract will be complete by Friday. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Being no further business, Mayor Powell adjourned the special meeting at 6:30 p.m. Approved at the Meeting. , 1994, City Council Lonnie R. Powell, Mayor Kathryn M~ O'Halloran, CMC/AAE City Clerk City of Sebastian '1225 MA~N STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETiNG WEDNESDAY, FEBRUARY 9, 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. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Rev. Henk Toussaint - St. Sebastian Catholic Church. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: 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 Staff Accountant, chris Moore Deputy City Clerk, Sally Maio Regular city CounCil Meeting February 9, 1994 Page Two 94.023 5. ~ MODIFICATIONS (ADDITIQN~ 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). None. 6. PROCL~%MATIONS AND/OR ANNOUNCEMENTS Mayor Powell announced that a city Manager had been hired and would begin on February 23, 1994. 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 P_~ease 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. RESOLUTION NO. R-94-07 - Sebastian Lakes Utility Agreement - Chapter 180 Hearing (Utilities Director Transmittal dated 2/3/94, R-94-07, Agreement and Hartman Briefing Document Previously Distributed) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED IN SECTION 180.301, FLORIDA STATUTES; APPROVING THE WATER AND WASTEWATER SERVICE AND CONTRIBUTION AGREEMENT WITH SEBASTIAN LAKES UTILITY COMPANY AND SEBASTIAN LAKES ASSOCIATES (THE "AGREEMENT") TO PROVIDE WATER AND SEWER UTILITY SERVICE TO SEBASTIAN LAKES, A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting February 9, 1994 Page Three Mayor Powell opened the public hearing at 7:03 p.m. and the City Attorney read Resolution No. R-94-07 by title only. The Utilities Director presented an explanation of the proposed utility agreement and reviewed the Chapter 180 Florida Statutes Briefing Document as prepared by Hartman and Associates, Inc. The City Attorney noted that the applicant Paid the cost of preparation of the document. Richard Winkle, 1198 Breezy Way, Sebastian, inquired whether costs will increase. The Utilities Director responded that the rates are determined by ordinance, are the same as the city's overall system and that impact fees will be charged for future connections. Barbara Hall, counsel for Greenburg - Traurig, representing the owners of Sebastian Lakes, stated that Sebastian Lakes intends to pay the impact fee for existing users to connect to the city system. The City Attorney advised that if approved, a short recess be called for execution of documents. Ms. Hall said she has a fax showing that the development agreement has been signed. Mayor Powell closed the public hearing at 7:34 p.mo MOTION by Oberbeck/Damp I would move to adopt Resolution No. R-94-07, Sebastian Lakes Utility agreement. A brief City Council discussion took place on condition of the plant and availability of funding. TAPE I - SIDE II (7:47 p.m.) ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay Mayor Powell - aye MOTION CARRIED 4-1 (Freeland - nay) Mayor Powell called recess at 7:49 p.m. and reconvened the meeting at 8:03 p.m. Ail members were present. '31 -~ Regular city~cbuncil Meeting February 9, 1994 ... . Page Four .~ 93. 186 B. ORDINANCE NO. O-93-16 - Code Enforcement Board (Director of Community Development Transmittal dated 2/2/94, O-93-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/12/94, Advertised 1/26/94, PH and Adoption 2/9/94) Mayor Powell opened the public hearing at 8:03 p.m. and the City Attorney read Ordinance No. O-93-16 by title only. Herbert Sturm, 549 Saunders Street, Sebastian, suggested amendments to the proposed ordinance and requested it be postponed until a new City Manager and/or City Council is on board. Sal Neglia, 461 Georgia Boulevard, Sebastian, urged City Council to solve Code Enforcement Board problems. Keith Miller, 961 Riviera Avenue, Sebastian, inquired about the deletion of duration of service for Chair and Vice-Chair and change in duration of liens to five years. The City Attorney concurred with certain typographical amendments suggested by Mr. Sturm, (2- 179 change word to "alternate", 2-182 (c) change word to "intends") and noted that some of the changes are in accordance with Florida law. Discussion took place on the removal of the old 2-186 regarding Chair and Vice-Chair serving for two years and attending at least 90% of the meetings. Mayor Powell closed the public hearing at 8:24 p.m. MOTION by Corum/Oberbeck i make a motion for Council to approve Ordinance No. O-93-16, with technical changes that the Attorney made. Regular City Council Meeting February 9, 1994 Page Five 93.260 ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - nay Mr. Oberbeck - nay MOTION CARRIED 3-2 (Powell, Oberbeck - nay) ORDINANCE NO. 0-93-22 - Special Use Permit Procedures (Director of Community Development Transmittal dated 2/2/94, 0-93-22) 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. (lst Reading 1/12/94, Advertised 1/26/94, PH and Adoption 2/9/94) Mayor Powell opened the public hearing at 8:28 p.m. and the City Attorney read Ordinance No. 0-93-22 by title only. The Director of Community Development noted that this Ordinance will require Planning and Zoning to conduct public hearings and a resolution for final approval. Mayor Powell closed the public hearing at 8:29 p.m. MOTION by Oberbeck/Damp I would move that we approve Ordinance No. 0-93- 22. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 5 Regular City Council Meeting February 9, 1994 Page Six ........ ..... . ".. 94.028/ D. 93.209 ORDIN%.NCE NO. O-94m01 - Cable Regulation (Finance Department Transmittal dated 2/3/94, 0-94-01, FCC Form 328) 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. ((1st Reading 1/26/94, Advertised 1/28/94, PH and Adoption 2/9/94) Mayor Powell opened the public hearing at 8:30 p.m. and the City Attorney read ordinance No. O-94-01 by title only. Staff Accountant, Chris Moore reported that the rate freeze has been extended until May 15, 1994 and urged approval of the Ordinance. John Kanfoush, 1437 Seahouse Street, Sebastian, recommended citizen input on cable systems. Mayor Powell closed the public hearing at 8:33 p.m. MOTION by Oberbeck/Freeland I would move that we adopt Ordinance No. 0-94-01. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Regular City C'SUhcil Meeting February 9, 1994 Page Seven 8. ITEM CARRIED FORWARD FROM 2~2/94 WORKSHOP 94.047/ A. 93.336 Discuss scrub Jav ~ssue (Director of Community Development Transmittal dated 1,27/94, Fish ! Wildlife ADDlication~ Draft Letter. F & W Letter dated 12/22/~3). Maggie Bowman urged protection of the shallow aquifer beneath the Atlantic Coastal Ridge by protecting scrub area. Wally Kramer, Micco objected to Fish and Wildlife mandates. TAPE II - SIDE I (8:47 p.m.) The Director of Community Development noted that Fish and Wildlife, as of November 8, 1993, will no longer issue no take letters on individual lots, questioned the accuracy of the scrub maps, recommended that he be authorized to send a letter to U.S. Fish and Wildlife requesting that single family lots be designated no take areas while stating the City's intent to establish a Habitat Conservation Plan, and reported Indian River County's intent to pursue funding for an HCP and include the city of Sebastian. MOTION by Corum/Damp I make .a motion for the City to coordinate with Indian River County to pursue a county-wide HCP. Vice Mayor Oberbeck was excused from 9:13 p.m. to 9:15 p.m. In response to Mrs. Corum, the Director of Community Development said it was not his intent to fight Fish and Wildlife, but to defend individual property owners' rights. ROLL CALL: Mayor Powell - nay Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland ~ nay MOTION FAILED 1-4 (Powell, Oberbeck, Damp and Freeland - nay) 7 Regular Ci~y'Co~cii 'Meeting February 9, 1994 Page Eight 94.048/ 93.187 MOTION by Oberbeck/Freeland I would move to authorize staff to send a letter to Fish and Wildlife Service and, if necessary, pursue this through the Washington D.C. office. Mr. Freeland suggested that nothing be done until the city hears from the County but never compromise on the single family lots. Discussion followed regarding future action to work with Indian River County. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland .- aye Mayor Powell - aye MOTION CARRIED 4-1 (Corum - nay) Mayor Powell called recess at 9:17 p.m. and reconvened the meeting at 9:37 p.m. Ail members were present. 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 - 1/26/94 Regular Meeting, 1/27/94 Special Meeting, 1/29/94 Special Meeting, 2/2/94 Special Meeting, 2/2/94 Workshop S~ NO. R-94-11 - Drug-Free Workplace Policy (Personnel Director Transmittal dated 1/24/94, R-94-11, Policy, Acting city Manager Memo dated 2/4/94) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A POLICY ON A DRUG FREE WORKPLACE; PROVIDING FOR INCLUSION OF SUCH POLICY 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. Regular City Council Meeting. February 9, Page Nine 94.049 C. 94. 045 94.050 94'.051 94.015 RESOLUTION NO___~. R-94-12 - Vacation of Easement (City Clerk Transmittal dated 2/3/94, R-94-12, City Engineer Memo dated 1/20/94, Application, Drawing) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE NORTH FIVE FEET OF LOT 1 AND THE SOUTH FIVE FEET OF LOT 2, PUBLIC UTILITY AND DRAINAGE EASEMENT OF BLOCK 107, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-35, 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. ~ESOLUTiON NO__~. R-94.r14 - Support Extension of Channel from Sebastian Inlet to Intracoastal Waterway (City Clerk Transmittal dated 2/3/94, R-94-14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE SEBASTIAN INLET TAX DISTRICT TO EXTEND THE CHANNEL FROM THE SEBASTIAN INLET TO THE ATLANTIC INTRACOASTAL WATERWAY, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Councilmember Corum Request for Travel - National Arbor Day Foundation - "Building with Trees" Workshop - February 14, 1994 - Gainesville (City Clerk Transmittal dated 2/3/94, Brochure) Bid Award - City Vegetation Trash Hauling and Disposal - L.I. Tree Service - $3.49 Cubic Yard (City Engineer Transmittal dated 2/3/94, Bid Tabulation) Engage Hoyman, Dobson & Co. to Conduct Independent Internal Control Study of Golf Course Operations During Course of City Audit - Not to Exceed $5,000.00 (Finance Director Transmittal dated 2/3/94, Finance Director Memo dated 1/6/94) 9 Regular Ci%y-~ounci1 Meeting February;9, 1994 Page Ten 94.052 H. Waiver of Bid - Approve Purchase of Two New ITRON Meter Reading Units -Utilities Department - $3,990.00 (Utilities Director Transmittal dated 2/2/94, Kettler Memo dated 2/2/94, Asher Letter dated 2/1/94, Utilities Director Memo dated 11/18/93) 94.053 I. 94.054/ 93.034/ 92.235 '94.055 94.056 Waiver of Bid - Purchase SCT Service Order Subsystem w/ Training and Annual Service - $3,534.00 Total - Utilities Department (Utilities Director Transmittal dated 2/2/94, SCT Letter dated 1/20/94, Service Orders Printouts) Morchesky Request One Year Extension on Sandmining Special Use Permit - Subject to Receipt of Performance Bond (Director of Community Development Transmittal dated 2/3~94, Application, Mosby Letter dated 1/20/94, Performance Bond) Approve March of Dimes Walk America Event - Riverview Park - 4/23/94 - 7:00 am to 1 pm - With Certain Conditions (Director of Community Development Transmittal dated 2/3/94) American Cancer Society - Chili/Chowder Cook-Off - Community Center - 2/26/94 - 5 pm to 11 pm - A/B - Waiver of Rental Fee - Barbara McManus Permittee DOB 7/10/33 (City Clerk Transmittal dated 2/2/94, Application, Letter dated 1/10/94) The City Attorney read the consent agenda in its entirety, including titles for Resolution Nos. R-94- 11, R-94-12 and R-94-13. Mr. Freeland removed item E; Mayor Powell removed items F, G, H and J. Mrs. Corum inquired about F and G; and Mrs. Damp noted her removal of items F, G and H for the record. MOTION by Oberbeck/Corum I would move to approve those items (A, B, C, D, I, K and L) on the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 10 Regular City Council Meeting February 9, 1994 Page Eleven 94.050 .Item E - Corum Reauest for Travel Mr. Freeland and Mr. Oberbeck said they did not see any advantage to the City by Mrs. Corum's attendance. TAPE ii m SIDE II (9:45 p.m.) Mrs. Corum said her interest in this subject would benefit the. City. MOTION by Freeland/Oberbeck I make a motion to deny the request for this seminar. ROLL CALL: Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay 94.051 MOTION CARRIED 3-2 (Damp, Corum - nay) Item F - Bid Awar.d ~ ~ VeqetatioD ~rash Haulinq Fred Mensing read an affidavit into the record (see attached) and submitted copies of this and other affidavits to the city Clerk regarding alleged illegal dumping by L.I. Tree Service on January 15, 1994. Mrs. Damp expressed concern about dumping by L.I. Tree Service and lack of Solid Waste landfill tickets invoices in City invoice records. Mrs. Corum questioned the price discrepancy between bids. Mr. Oberbeck noted that in accordance with the bid, landfill tickets must be submitted with the invoice. MOTION by Freeland/Corum I make a motion that we accept the bid from L.I. Tree Service at $3.49 per cubic yard. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - nay MOTION CARRIED 4-1 (Damp - nay) 11 Regular City"council Meeting February 9, 1994 Page Twelve 94.015 Item G ~ ~ Control ~ of Golf Course Thomas Wojciechowski, Peterson Street, Sebastian, spoke on Golf Course improvements in the last several years. Bootie Briggs, 321 Main Street, Sebastian, objected to spending $5000 on an audit and said the Finance Department should conduct a review of the 91/92 fiscal year. The Finance Director responded that she did not work on the city's audit for 91/92, and said this would be a management advisory service rather than an audit and not punitive in nature. MOTION by Corum/Damp I make a motion to deny $5000 be spent for an internal control study at the Pro Shop. ROLL CALL: Mayor Powell - nay Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay 94.052 MOTION FAILED 2-3 (Powell, Oberbeck, Freeland - nay) MOTION by Oberbeck/Freeland I would move that we engage the city auditors to conduct an independent study of the Golf Course internal control procedures at a cost not to exceed $5,000.00. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - nay Mayor Powell - aye MOTION CARRIED 3-2 (Corum, Freeland - nay) Item H - ITRON Meter ~ Units The City Clerk/Acting City Manager reported that she had been recently informed that the County had invoiced the City for the complete systems package, therefore, the Finance Director had obtained a price for new units. 12 Regular City CQuncil Meeting February 9, 199.4 Page Thirteen MOTION by Oberbeck/Damp I move to waive the bid procedure to appropriate $3,990.00 to purchase two new ITRON hand held meter reading units. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 94.o54/ 93.034/ Item J - Morcheskv Sandmining S_pecial Use Permit Mrs. Corum expressed concern for mining on the sand ridge. At 10:30 p.m. motion was made. MOTION by Corum/Freeland I make a motion to extend the meeting ten minutes. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 TAPE III - SIDE I (10:30 p.m.) MOTION by Corum/ I move that we deny the extension to sandmine the Morchesky property. Motion died for lack of a second. MOTION by Oberbeck/Freeland I would move to approve a twelve month time extension for the Morchesky sandmining operation which expires on 1/22/95 subject to the applicant providing an updated performance bond. 13 Regular CirC..cOunCil"Meeting February 9, 1994 Page Fourteen 94.057 ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. 'Corum - nay Mrs. Damp - aye MOTION CARRIED 4-1 (Corum - nay) 10. pRESENTATiONS None. 11. ~,ITY ATTORNEY MATTERS None. 12. ~ MANAGER MATTERS 13. None. COMMITTEE REPORTS/RECOMMENDATIONS None. 14. OLD BUSINESS None. 15. NEW BUSINESS 17. None. The next item was moved forward on the agenda. INTRODUCTION OF NEW BUSINES~ BY THE P~BLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Sebastian Panthers Request for Monthly ~ at Community Center - Waive~ of ~ Fee ~nd Reduction of ~ De~ to .$100 C~ Cler~ Transmittal dated 2/3/94, ~ Letter ~ated Patrick Morgan, 511 Citrus Avenue, Sebastian Panthers, requested waiver of rental and reduction of security for a monthly dance at the Community Center. 14 Regular City Coundi'l Meeting February 9, 1994 Page Fifteen '' The City Clerk/Acting City Manager stated that this request was for a blanket fee waiver and reduction of security deposit to $100.00 only, stated that the security remains on hold and that the Panthers will be required to make application on a monthly basis to reserve the facility. MOTION by Freeland/Oberbeck I'd move that we grant the Sebastian Panthers' request for the waiver of rental fee. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 16. MAYOR AND CITY COUNCIL MATTERS A. Mr. Robert Freeland Mr. Freeland apologized for referring to a Golf Course employee by name at the last meeting and said he believed the Golf Course Manager also owed her an apology. B. M_D_yor Lonnie R. Powell Mayor Powell responded to rumors that he is driving a new cadillac. C. Vice-Mayor Frank Oberbeck Mr. Oberbeck commented on a letter received critical to him. D. Mrs. Carolvn Corum Mrs. Corum expressed concern for taking definitive action on workshop items rather than carrying them to a consent agenda. E. Mrs. Norma Damp Mrs. Damp said she is going to bring an item to the agenda to find a place for people to park large trucks. 15 Regular City Council MeetiNg February 9, 1994 Page Sixteen Being no further business, Mayor Powell adjourned the regular meeting 'at 10:42 p.m. Approved at the Meeting. , 1994, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 16 City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-94-13 Vacation of Easement Lots 4 & 5, Block 407, Unit 7 Sebastian Highlands i ROVED FOR SUBMITTAL BY: y Manager: '~~/ ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: * City Clerk Memo dated 2/2/94 * R-94-13 * R-87-16 * Survey 05q City Clerk ~15/94 2/23/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~~R~_STATE~ It has been brought to our attention that the rear easement of Lots 4 and 5, Block 407, Unit 7, Sebastian Highlands, Trinity Lutheran Church property, which was to have been vacated in 1987, was never properly vacated. Instead, Resolution No. R-87-16, containing an incorrect legal description (a legal description that does not actually exist) was adopted and recorded. The following memo describes the matter in greater detail. The City Attorney advises us that to correct the problem, a new resolution should be adopted and recorded to properly vacate the easement in question and at the same time repeal Resolution No. R-87-16, which contained an incorrect legal description. There are currently structures on the portion of the easement that was to have been vacated. The Utilities Director and City Engineer have no objections to the vacation of easement. Letters were sent to all utilities on February 2, 1994 and we have received no objections from them. RECOMMENDED ACTiO~ Move to adopt Resolution No. R-94-13. DATE: TO: FROM: RE: City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MEMORANDUM February 2, 1994 Charles Ian Nash city Attorney Kathryn M. O'Halloran city Clerk Trinity Lutheran Church - Vacation of Rear Easement We have been informed by Zoning Technician, Jan King, that while conducting a survey of the Trinity Lutheran Church property, Smith Surveying discovered a discrepancy in a rear easement that was to have been vacated in 1987. Upon review of our records, we find that an application for vacation was received on February 5, 1987 for vacation of the 25 foot rear easement on Lots 4 and 5, Block 407, Unit 7, SH. Letters were sent to utilities on February 11, 1987 indicating the correct legal, to which FPL responded with an objection. A letter was sent to Trinity Lutheran Church indicating that objection with instruction for them to contact FPL. Letters were again sent to utilities on March 12, 1987 indicating the correct legal. The memo sent to the Building official indicates the unit to be 11. FPL responded with an objection on March 24, 1987, however, a resolution was presented to city Council, adopted on April 8, 1987 and recorded in the county. The resolution contained an error in the unit number. Another resolution was prepared with the correct legal, correct book and page number, and amended to vacate only the north 15 feet of the 25 foot easement but it was apparently never taken to City Council. There is a memo dated january i7, 1989 indicating that the error was discovered, however, i't appears no action was taken. My questions are, 1) to resolve the problem, do we merely have to contact the utilities once again to verify that there is no objection and bring a resolution to city Council with the correct legal and 2) how do we delete from the Clerk of the Circuit court records the resolution recorded in error? I would like to be able to place a corrected resolution on the next regular agenda to clear up this matter as soon as possible. Any cost for preparation and recording will be incurred by the City. sam Zoning Technician RESOLUTION NO. R-93-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIFTEEN FEET OF THE TWENTY-FIVE FOOT WIDE REAR EASEMENT ON THE SOUTH SIDE OF LOTS 4 AND 5, BLOCK 407, UNIT 7, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE OF THE PUBLIC RECORDS OF iNDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, iNCLUDING RESOLUTION NO. R-87-15; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Sectio~ 1. VACATION OF EASEMENT. The City of Sebastian, .Indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The North fifteen feet of the twenty-five foot rear easement on the South side of Lots 4 and 5, Block 407, Unit 7, Sebastian Highlands, according to the plat thereof, recorded in Plat Book six, Page six, of the Public Records of indian River County, Florida. Section ~. REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-87-16, which was recorded in the Official Record Book 766, Page 2891, of the Public Records of Indian River County, Florida. section ~.~.. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. Section 4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately upon its passage. The foregoing Councilmember Councilmember the vote was as follows: Resolution 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 J. Damp Councilmember Robert J. 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 2 STATE OF FLORIDA COUNTY OF iNDIAN RIVER The foregoing instrument was acknowledged before me this day of ..... , 1994, bY and , the Mayor and City Clerk respectively, who are personally known to me and who did not take an oath. (S~'~nature) Notary Public, Commission No. (Name of Notary typed, printed or stamped) 3 , .~' , . . · ,... : ' ,. .~ ~ '~ SE~TI~ HIgHeSt' AC~ING ~ THE .... : . The .... Clty.:~.:"~°Un~ll' og the.-City' of · Sebastian, J ' . Tha~ 'the Clh~':o~ SebaStian dOes hereet~h Vacate, abolish, abandon and discontinue., all that por~ton of land Previously dedicated for easement and described as ~T~ 4 & '5 , B~CK '407,' UNIT 11, SE~STI~ ACCORiNG ~ ~R P~T .: .' , ~0~, ~e~, IN P~T ~$ PaZ ?-$6~, PUBLIC .- ' ' ' This' resOi'utl'o~";i, shall, be in full fore and' effect ~1 '~ ~nq aaop b the a~ auz W~ESS my ~nd ~ seol In Indian ~_ day of ~.' River County, Florida, this , , - , ,,,.. ... ~,~ ,~ O. R. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-94-16 Vacation of Easement Approved for Submittal By: Acting City Manager ~.~'~ ) Agenda No. ) ) Dept. Origin: ) ) Date Submitted: ) ) For Agenda of: ) ) Exhibits: ) city Clerk 2/16/94 2/23/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The city of Sebastian has been requested to grant approval for an abandonment of easement for the abandonment of easement of the South five feet of Lot 16, and the North.five feet of Lot 15, Block 153, Sebastian Highlands, Unit 5. Staff and the Utility Companies have been notified and have no objections to the request. RECOMMENDED ACTION Move to approve Resolution No. R-94-16. abandonment of easement of the South five feet of Lot 16, and the North five feet of Lot 15, Block 153, Sebastian Highlands, Unit 5. RESOLUTION NO. R-94-16 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTH FIVE FEET OF LOT 16 AND THE NORTH FIVE FEET OF LOT 15, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 153, SEBASTIAN HIGHLANDS UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-10Z, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. VACATION OF EASEMENT. The City of Sebastian, Indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The South five feet of Lot 16 and the North five feet of Lot~, Block 153, Sebastian Highlands Unit 5, according to the plat thereof, recorded in PBI 5-102, of the Public Records of Indian River County, Florida. Section 2. REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. Section 4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert J. Freeland City The foregoing Resolution was duly passed and adopted by the Council of Sebastian, Florida, this day of , 19 CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER i HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared Lon~ie R- Powe!l and ~ M. O'Halloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the day of , 19 Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Charles Ian Nash, City Attorney CITY OF 8EBABTIAN APPLICATION FOR VACATION OF KABEMENT(E) (This request she:L1 no be acoo~)ted unless completed in fu11~ NAME: TELEPHONE NO. ~-3~ . . . ~,., TYPE OF ENTITY.* *Individual, corporation, etc. - If corporation apply corporate seal below LEOAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (Attach description on attendant tf necessa~) DESCRIPTIVE LO~TION OF EAS~E~ TO BE ~A~ONED: (This item ~o be f~11ed in by Building Off~cial) APPROXIMATE SIZE OF EASEMENT: /~1, , feet In length~tn width PURPOSE FOR REQUEST TO VACATE: (EXplain in detail your need to release this easement) I HEREBY CERTIFY that I, tho Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the res1 Signe'd.~titie, if any) Pleas~ Print Name Here Attach hereto the following: ( ) 1. ( ) 2. (N/A) ( )3. ( N/A ) ( )4. (N/A) ( ) 5. Date Corporate Seal Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of lend on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SHOW THE EAEKMENT CLEARLY ON DRAWING. Complete le~al description of the parcel of land on which the easement exists if the full description cannot be placed on the lines provided above for the description. Written authorization of the owner of the parcel of land on which the easement exists if the applicant is not the owner, IF IT IS NECESSARY TO ~RANT BACK ANOTIIER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF Tile NEW EASEMENT. Attach a check or money order payable to "The City of Sebastian" upon submittal of this application to the Office of the City Clark. This appl~cetion fee is not refundable. The fee ia 825.00. -- City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589'5570 SUBJECT: RESOLUTION R-94-15 AMENDING RESOLUTION R-92-33 REGARDING DR. FISHCHER'S SPECIAL USE PERMIT Approval for Submittal By: City Manager ) Agenda Number: ~-~ / ) ) Dept. Origin: Community DevelQpment ) ) Date Submitted: ) ) For Agenda Of: 02/2~/94 ) ) Exhibits: ) 1. Resolution R-94-15 ) ) Q~,,/15/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY ST~E.ME.NT At its regular meeting of October 27, 1993, the City Council approved an amended site plan to reflect the change of the staging area of the mulching facility and directed the City Attorney to draft a resolution to bring back to the City Council for final adoption. Resolution R-94-15 amends the existing adopted Resolution R-92-33, which approved the original special use permit for Dr. Henry Fischer. This new resolution only amends the site plan for the side area and the special use permit still expires July 22, 1994. City staff decided not to bring this resolution to City Council until its' final decision, which was made on February 4, 1994 regarding the time extension. Since the City Council has denied the request for the time extension, it would be appropriate now to adopt Resolution R-94-15 in accordance with a decision made on October 27, 1993. RECOMMENDED AQ.~.I.ON Move to approve Resolution R-94-15. s ./qASH ToRPY. PA '~ "'~/' ..... ATTORNEYS AT LAw 930 S. I-~so~ Om, BLVD. Surr~ 505 ME,~OI.r~.NE. FID~A 32901 (40~ F~ (40~ 951~741 ~B~ C~ ~ T~ON * Bo~ O~D ~N W~. ~Bo~ C~ m C~ ~ ~w December 1, 1993 Mr. Bruce Cooper Director of Community Development City of Sebastian '1225 Main Street Sebastian, FL 32958 Re: Resolution R-93-72 Dear Bruce: Enclosed is Resolution R-93-72 which amends Resolution R-92-33. This resolution simply amends the legal description as requested by the applicant and approved by City Council. Two changes I have made in the resolution, due to errors in the previous resolution and the legal description provided to you by Mr. Fowler, should be noted. First, Resolution R-92-33, in Section 1, inadvertently stated "the application for the issuance of a special issue permit". Obviously, this should read "special use permit". Therefore, I have incorporated this change in Resolution R-93-72. Secondly, the legal description provided to you by Mr. Fowler, for this Resolution, contained what I believe was a typographical error. On page 8 of Mr. Fowler's legal description, there is a description beginning 9 lines from the bottom of the page. Specifically, the description provided by Mr. Fowler "thence South 04°49'16'''. Obviously, 16' was suppose to be 16". Accordingly, in the resolution, I have changed this part of the legal description. Mr. Bruce Cooper Director of Community Development City of Sebastian December 1, 1993 Page -2- Please obtain confirmation from Mr. Fowler that this was, in fact, a typographical error and that my revision was correct. If you have any questions, please let me know. Sincerely, FRESE, NASH & TORPY, P.A. Richard E. Torpy RET/lb Enclosure OPERATION OF A MULCHING ANDBURNING FACILITY, PURSUANT TO SECTION 20~-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, BY PROVIDING A MORE SITE SPECIFIC LEGAL DESCRIPTION FOR A TRACT OF LANDAPPROXIMATELY Z5.$9 ACRES IN SiZE LOCATED NORTH OF COUNTY ROAD 512~ WEST OF THE SEBASTIAN RIVER, AND EAST OF THE WESTERN CITY LIMITS~ LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPF2~LOF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; /~NDPROVIDING FOR ANEFFECTIVEDATE. WHEREAS, the city Council of the City of Sebastian, adopted Resolution R-92-33, pertaining to the granting of a special use permit for the operation of a mulching and burning facility, Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, and providing for the imposition of conditions for the issuance of the special use permit and prescribing a time when the special use permit expires; and WHEREAS, 'the applicant has requested the City of Sebastian to provide more specificity in the legal description set forth in Resolution No. R-92-33 regarding the site upon which the special use permit was granted; and WHEREAS, the City Council of the City of Sebastian has determined that amending the legal description, pursuant to the applicant's request, is consistent with Council's intent when adopting Resolution No. R-92-33. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Resolution R-92-33 shall be amended as follows: "Section ~. SPECIAL USE PERMIT. The application for the issuance of a special ~ permit for the operation of a mulching and burning faci 1 ity submitted by Henry Anthony Fischer, individually, for the real property located at North County Road 512, East of the Sebastian River, and West of the western Sebastian City limits, in the City of Sebastian, Indian River County, Florida, being more particularly described as ,follows: 2 is granted, subject to the requirements and conditions contained in this Resolution." Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 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 Council- member 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. CITY OF SEBASTIAN ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran CMC/AAE, City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney P. O. BOX 1677 VERO BEACH, FL 32961.1677 PHONE: (407) 562-4744 FAX: (407) 562-0963 JAMES A. FO VLER, Land Surveying 'Coml ny THE BOUNDARY HUNTER MULCHING FACILITY SITE A portion of' land in Sections 14 and 23, Township 31 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: Commencing at the Southwest corner of the Northwest quarter of aforesaid Section 23, run North O0° 19' 30~'..East along the West line of Section 23, 300.00 feet; thence run South 89© 40' 30" East, 60.00 feet to the Point of .Beginning. From the Point of Beginning, continue South 89° 40' 30" East, 560.00 feet; thence North O0© 19' 30" East, 368.40 feet to a point of curvature of a curve concave Easterly, having a radius of 280.00 feet; thence run Northerly 98.40 feet along the arc of said curve, through a central angle of 26© 08' 11"; thence North 20° 27' 41" East, 58.43 feet to a point of curvature of a curve concave Westerly, having a radius of 195.00 feet; thence run Northerly 132.64 feet along the arc of said curve through a central angle of 25° 16' 57"; thence North 04° 49' 16" West, 212.81 feet to a point of curvature of a curve concave Easterly having a radius of 180.00 feet; thence run Northerly 103.40 feet along the arc of said curve through a central angle of 32© 54' 43"; thence North 28© 05' 27" East, 121.83 feet to a.point of curvature of a curve concave North- westerly having a radius of 295.00 feet;, thence run Northerly 84.73 feet along the arc of said curve through a central angle of 16© 27' 22"; thence North 11° 38' 06" East,.355.44 feet to a point of curvature of a curve concave Westerly having a radius of 2370.00 feet; thence run 467.82 feet along the arc of said curve through a central angle of 11© 18' 36"; thence North O0° 19' 30" East, 435.23 feet to the North line of said Section 23; thence North 89© 24' 25" West along said North line 350.00 feet; thence South 28° 43' 37" East, 350.08 feet; thence South 07° 36' 43" West, '451.87 feet; thence South 24° 43' 26" West, 205.75 feet; thence South 11© 38' 06" West, 101.98 feet; thence South 04° 49' 16" East, 212.81 feet; thence South 19° 30' .24" West, 345.03 feet; thence North 38© 29' 25" West, 207.40 feet; thence North O0° 19' 30" East, 1915.12 feet to the South line of aforementioned Section 14; thence North O0° 10' 49" East into said Section 14, 801.22 feet; thence North 42© 28' 22" West, 73.91 feet; thence South 47° 31' 38" West, 135.00 feet to a point of curvature of a curve concave Southeasterly having a radius of 95.00 feet; thence run Southerly 78.50 feet along the arc of said curve through a central angle of 47° 20' 49"; thence South O0© 10' 49" West, 134.35 feet to a point of curvature of a curve concave North- -1- P. O. BOX 1677 VERO BEACH, FL 32961-1677 PHONE: (407) 562-4744 FAX: (407) 562-0963 jAMES A. F.OV LEP L nd Surveying Company ,,THJ~ ,~OUN. DARY HUNTER September 14, 1993 Mulching Facility Site cont'd. easterly having a radius of 500.00 feet; thence run Southerly 70.78 feet along the arc of said curve through a central angle of 08° 06' 37" to a point of reverse curvature of a curve concave Westerly having a. radius of 999.87 feet; thence run Southerly 283.07 feet along the arc of said.curve through a central an§le of 16° 13' 14" to a point of reverse curvature of a curve concave Easterly, having a radius of 500.00 feet; thence run .. Southerly 70.78 feet along the arc of said curve through a central angl~,~f 08° 06' 37"; thence South O0° 10' 49" West, 135.39 feet to the North line of aforementioned Section 23; thence South O0° 19' 30" West, into said Section 23, 2355.96 feet to the Point.of Beginning. All the .above situate in Indian River County, Florida, and containing 25.5 acres, more or less. -2- City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 (407) FAX (407) 589-5570 TELEPHONE 589-5330 [] SUBJECT: Golf Course Foot Bridge Bid Waiver Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: ENG/PW~ 02-14-93 02 -23 -94 EXPENDITURE REQUIRED: $ 2,777.50 AMOUNT BUDGETED: APPROPRIATION REQUIRED: $2,777.50 SUMMARY STATEMENT It has been brought tomy attention by the Finance Department that a bid waiver was not granted at the February 2, 1994 workshop when authorization was given to proceed with the construction of the footbridge. Therefore, pursuant to City Code Section 2-64 (j) "The City Council may waive the bidding procedures on specific contracts for good cause" we are, at this time, requesting a bid waiver be approved to purchase the concrete pilings from Southeastern Prestressed in the amount of $2,137.50 plus delivery of $640.00 for a total of $2,777.50. RECOMMENDED ACTION Move to approve the bid waiver and award the contract to Southeastern Prestressed in the amount of $2,777.50. City'of SebaStian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Installation of 8 Utility Crossings Under County Road 512 Approval for Submittal By: City Manager: ) Agenda No. ~-~l ) ) Dept. of Origin Utilities ) Utilities Dt ecto ) ) Date Submitted, February 16, 1994 ) ) For Agenda Of: February 23, 1994 ) ) Exhibits: See Attached Sheet for Exhibits EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED~ $33,850 SUMMARY STATEMENT The City Utilities Department has been working with Indian River County since March, 1993 to have potable water main, sewage force main, and re-use water main pipe installed under County Road 512 prior to construction of the road. Once an estimate of $70,000 was furnished to the County by its consultant, Kimball-Lloyd and Associates, to have the contractor for CR512 install the pipe. the County informed the City's Utilities Department that the City would have to pay for the installation. The County stated that since the pipes were for utility crossings, traffic impact fees were not applicable for funding such installations. Dan Eckis volunteered the City's Public Works Department to provide the labor and equipment to install the pipe in March, 1994. if the Utilities Department would purchase the pipe and pressure test it. The Utilities Enterprise Fund will reimburse to the City's General Fund for the actual charges incurred by Public Works for the installation. The large pipe diameter is to be procured by "piggybacking" the 1993 utility bid prices from St. Lucie County, Indian River County, and Orange County bids. These Counties order large quantities of materials at a time, and therefore, the bid prices would most probably be considerably less than if Sebastian received bids for the small amount of material it needs. All backup data accompanies this request. There is $1,172.O0 worth of items not found on the bid ordered separately via purchase order, Page 2 of 2 February 16. 1993 Agenda Request Re: CR 512 Utility Crossings that can be since the total amount is under $2.000.00. The total material costs are $22.673.00. The estimated labor costs for Public Works to perform the work are-88.100.00 (wages and benefits). Total projected costs for installation of .the pipe crossings is $30.77.3.OO. Adding a 10% contingency of $3.077. the total projected cost is $33,850, which is .less than half of the original estimated costs for installation by a contractor installing crossings for Indian River County.. RECOMMENDED ACTION Move to waive bidding procedures to piggyback from other County bids and to authorize the City Public Works Department to perform the installation of the City's pipe crossings under CR 512 and the Utilities Department to purchase the pipe and related pipe materials for $33,850.00. EXHIBIT LIST Febr4~ary 16,~. 1993 Agenda. Request Ro~ CR 512 Utility Crossings January 14. 1994 Memo from Dan Eckis. Engineer Estimated Labor Charges for Public' Works Department Davis Meter Price Estimate (2 .pages) St. Lucie County Bid InformatiOn Orange County Bid information Indian River County Bid Information SUMMARY SHEET OF PROPOSED COUNTY ROAD 512 PIPE CROSSINGS FebrUary 11. 1994 ,~0" Ductile 'I, r0n,i, Pi,pe Crossings Rose,and Road ( ast- 'Side) Barber Street (West Side). Fleming Street (West Side) (East Side) South Wimbrow (West Side) (East Side) Easy Street Water Main Water Main · Water Main Sewage'Force Hain Water Main Reuse Hain TOTAL 12" Ductile Iron Pipe Crossings (East Side) Water Main 150 feet 140 feet 200 feet 140 feet 140 feet 140 feet 910 LF 140 LF 16" Ductile Iron Pipe Crossings Barber Street (East Side) Water Main 140 LF City of Sebastian 1225 MAIN STREET [] ,SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 DATE: TO: FROM: RE: MEMORANDUM January 14, 1994 Richard Votapka, Utilities Director Daniel C. Eckis, Enginee~ Water Line Installation Under County Road 512 Manhour Projections and Costs According to your memo dated December 10, 1993 requesting the above information this memo will serve as an estimated projected cost for the installation of ten pipe crossings under the proposed County 512 Widening Project. It is anticipated that the installation will be done in phases beginning with the westbound lane. The waterline to be constructed to a point that would not endanger personnel or equipment from eastbound traffic or approximately twenty five to thirty feet from the existing edge of pavement. The entire installation is projected to encompass approximately twenty-six days at the most, but not less than twenty days. This installation will be done by the rear drainage crew comprised of three employees and with a backhoe operator. The employees are as follows; John Pratt, Brian Grsziak, and Cliff Jamison. John Pratt Heavy Equip Oper. $ 9.55 80 hfs $ 764. Brian Grsztak Maint. Worker Ii $ 9.55 80 hfs $ 764. Cliff Jamison Maint. Worker III $11.54 80 hfs $ 923. Case Hoe $35.00 80 hrs S2~800. ESTIMATED TOTAL $5,251 The equipment time rental for the case backhoe is typically charged at S35.00 per hour. The actual time spent on the project will be recorded and charged accordingly to the Utility Enterprise Fund. DCE/sg I I PAGE DAVIS METER AND SUPPLY COMPANY 73~ HAVERHILL ROAD WEST PALM BEACH, FL 334%7 PHONE.. 8~-435-7659 CAM~RON'S FAX~ 4%7-569-9155 WPE FAX.- 4%7-848-643~ SALESMAN: CAMERON HAYS Il-Feb-94 CUSTOMER.' CITY OF SEBASTIAN JOB NAME, DIP ROAD CROSSINGS QUAFfITY ITEM UNIT PP~ICE EXTENDED DUCTILE IRON PIPE FROM ,ST LUCIE CO. BID 918 10# TYTON JOINT DUCTILE IRON PIPE 10.46 9602.28 144. 12" TYTON JOINT DUCTILE IRON PIPE 13.27 1910.88 144 16" TYTON JOINT DUCTILE IRON PIPE 19.91 2867.04 BID MATERIAL OFF IRC & ORANGE CO. 5 10 X 2 MJ CAP 49.~ 245.~ I 12 X 2 MJ CAP 58.~ 58.~ 5 10" M~GALUGS FOR DIP 32.5~ 162.5~ i 12" MEGALUGS FOR DIP 47.40 47.4% i 16" MEGALUGS FOR DIP 86.60 86.60 5 10" MJ GASKETS 1.60 8. ~ i 12" MJ GASKETS 3.~ 3. ~ 1 16" MJ GASKETS 5.~ 5.~ 48 3/4" X 4" T-HEAD B~N 1.75 84.~ 12 3/4" X 4 1/2" T-HEAD B&N 1.75 21.~ 5~ 10" BELL RES~ 85.50 4275.~ 7 12" BELL RESTRAINERS 93.60 655.20 7 16" BELL RESTRAINERS 210.10 1470.70 TOTAL- 215~1.60 PRINTED ll-Feb-9¢ DAVIS METER AND SUPPLY COMPANY 73e~ HAVERHILL ROAD WEST PALM BEACH, FL 334~7 PHONE: 8~-435-7659 CAMERON'S FAX, 407-569-9155 WPB FAX~ 4~7-848-643~ SALESMAN, CAMERON MAYS PAGE 2 11-Feb-94 CUSTOMER, CITY OF SEBASTIAN JOB NAME, DIP ROAD CROSSINGS QUANTITY ITEM UNIT PRICE EXTENDED MISC MATERIAL 12~ 10"-12" POLY WRAP 0.35 42~.~ 3~9 16" POLY WRAP 0.43 129. 2 POLY TAPE 7.5~ 15. § 10" TYTON PLUG 71.~ 355.~ i 12" TYTON PLUG 84.~ 84.~ 1 16" TYTON PLUG 169.~ 169.~ TOTAL- 1172.~ 11-Feb-94 1993, by and between ST. LUCIE COUNT~, a Polit al Subdivision of the State of. Florida, hereinafter called the '~OUNTY#, and DAVXS /4Z~ER~sUpPLY CO., or its successors, executorg, administrators, and assigns hereinafter 'called the That Vendor agrees with County that pursuant to the terms and conditions of this Agreement and the 'Invitation to Bid - Bid No. 93-28', attached hereto and made a part hereof as Exhibit 'A#, Vendor shall sell and the'County shall buy certain herein described supplies and materials at the unit prices and generally in the quantities as set forth and described in groups numbers 1,2,3,5,? and 8 of the Vendor,s 'Bid Form', attached hereto and made a part hereof as Rxhibit "B'. 0uantities stated in Rxhibit #B' are for Vendor,s guidance only and no guarantee is given or /~plied by the County as to what quantities will be ordered bythe County during the term of this Agreement. The County expressly reserves the.r~ght to increase or decrease the quantities set forth in Exhibit B to meet additional or reduced requirements of the County. All supplies and materials provided to the County by the Vendor under this Agreement shall comply with the 'Material Specifications for Utility Parts and Supplies' attached hereto and made a part hereof as Exhibit 3, DELIVERy AND PAYMEN~ TO VENDOR Vendor shall deliver all parts and supplies under this Agreement as set forth in Exhibit C. The County shall make payment to the Vendor within thirty (30) days of the date of receipt and acceptance by the County of an invoice for the delivery. P~y~e,t to the ve, d0r shall be based 0, the u,~t prices set forth ~, Exh~b4t 8. 4. CONTACTPERSON~. The Contact Person for the County is Garv Freeman at 871-5403. The Contact Person for the Vendor is Cameron Mays at ·(407) The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Contact Person for attempted resolution or action. The Contact Persons shall be responsible for overall resolution or action. The Contact Persons shall be responsible for overall coordination and oversight relating to the performance of this Agreement. Vendor shall warrant all parts and supplies delivered under this Agreement to be free from any and all defects for a period of one year from the date of delivery to the County. Service c&lls ~_~. A. DUCTILE iRON- cLAss 51, SLIP JOINT, CEMENT LINED ' I q,-I 2. I-v,tt~ Iq-3~ '{~,etK I- Wee · .~TZE & Q{L1ANTTTY .... 'UNTT 4" = 150' X 6- -- "350' x !,q7 8" = 350' X 7.99 10" = 150: X /o. 12# = 250' X 13:.1~' . "' 14' = 72' X 16" = 36' X 19:,9! . 36" : 72' X 3' 9; q.~ "7'" ' B. C-900 - SOR 18~ CL 150 sus TOTAL / ~', 9 ,~. ~o_ .; 4- = 5oo' x /,/,7 6" = 2ooo' x ~ l,~ .... 8" = 2o0o' x .. q.o~._. lo" = .5oo' x ~,~ 12" 14" 16" 24" = 100' × ~.7~ 36" SUB TOTAL C. PVC - SCflEDULE 40 SIZE & 0~ANTIT¥ . 'UNIT PRICE ~/2- = 3oo' x .o~ 3/4" = 500' X '.15 1" = · 1000" X .tO 1-1/4" = 100' X , I~ i-i/2- = 3oo' x .2e 2- = 5oo' x .3b 3- = 200, x . ~y SUB TOTAL D. POLYETHYLENE TUBING - 200 SIZE i OUANTITY UNTT PRTCE 3/4" = 500' X .~ ./~.~[ = 1" = 15,000' X = 1-1/2" = 300' X .~Z = 2- = 25oo, . x ,~ SUB TOTAL TOTAL GROUP 2 407848~4:~0 "DIqL)]-~ METER klEST PIH " ~ee POi OCT 28 .... !.~2~J3 15:~ ~'1 4I)7 290 /t/Pig Davi~ l/eter ItS1 i~i ootober ~3, 1093 DavisJ(eter & Supply Conpany 3333. Old Winter ~al:den Road OrlandO,' F~ 3~805: Orange County Contract 4Y2-168 Your litte~ d&ted Olll~ 2, 2992 valveG and Dear ~. Collins: Oranqe county accepts your renewal with a £1vo l~__roen~ (St) increase in a2tac~ed price list. Peri~ of contract extension will be Septe~er 14, Septet 13, 1994 vsin~ ag~cIes ~i~ be o£~Ae above contract co~tra~c pricinq per 1993 ~lrough chh C°n~o¥ '~ ' Pu~chastnq A~ent Public U~ill~ies #arehouse Finance File TO: DAVIS I~[ET~g & SUPPLY CO. Mr. Ronnie Collins 3333 Old Winter Garden Road Orlando, FL 32805 This is to inform you that the Orange County Board of County Commissioners hereby enters into a term contract subject to the following: 1. Acceptance: 'XTEI~S AND CONDITIONS This contract is our acceptance of your offer in response to our Invitation to Bid No. Y2-168-JC, for pipes, valves and fittings, and is subject to all terms and conditions therein. 2. Term of Contract: This is a ONE {1} Y~AR term contract for the time period specified herein, during which the County may order products covered by this contract as the requirements demand and the vendor shall deliver the -products. The County is not obligated to purchase any minimum amount of services. This contract becomes effective SEPTEMBER 15, 19~2, and shall remain in effect through SEPTEMBER 14. 1993. This contract may be renewed, by mutual agreement, for additional ONE (1) YEAR periods, up to a cumulative %oral of THREE (3) YEARS at the same prices, terms and conditions. Any change in price, terms or conditions shall be accomplished by written amendment to this contract, This contract ma~' be cancelled by the vendor, for good cause, upon ninety (90) days prior written notice. The County retains the right to cancel this contract, with or without good cause, upon thirty (30) days prior written notice when such termination is deemed by the County to be in the public interest. Ordering against Contract: The County will place orders by issuance of a numbered Release Order against this contract. Each Release Order will specify the quantity, description and location for delivery. Page 1 of 2 a The obligations of Orange CoUnty under this Contract are subject to 'need and availability of funds .lawfully appropriated for its purpose by the Board of County Commissioners. Taxes: The County has the following tax exemption certificates assigned. A. Certificate of Registry No. 59-?0-004K for tax free transactions under Chapter 32, Internal Revenue Code; B. Florida Sales and Use Tax Exemption Certificate No. 03-00005-!2-58. Invoices shall be submitted, in duplicate, referencing this contract number and the Release Order number to: Orange County Finance Depar%ment P. O. Box 38 Orlando, Florida 32802 Invoices agains% this contract are authorized only at the prices stated in your bid response. BOARD OF'COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA Warren Geltch, C.P.~., CPPO, CPCM DATE Page 2 of 2 ITEM NO 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194, 195. 196. 197. 198. PAGE 32 =' SOLICITATION #Y2-168-JC BID FORM: GROUP : ~ O~CTI,LE IROn, CAS~,,,,IRON PIPE & FITTINGS DESCRIPTION EST.ANNUAL UNIT OF EXTENDED QUANTITY ISSUE PRICE PRICE F/F FITTINGS 4" F/F 90 DEGREE 4" F/F 45 DEGREE 6" F/F 90 DEGREE 6" F/F 45 DEGREE 8" F/F 90 DEGREE 8" F/F 45 DEGREE 10" F/F 90 DEGREE 10" F/F 45 DEGREE 12" F/F 90 DEGREE 12" F/F 45 DEGREE 4" X 3" F/F REDUCER SHORT PATTERN MEGALUG FOR DI PIPE 3" - 1103 4" - 1104 6" - 1106 8" - 1108 10" - 1110 12" - 1112 14" - 1114 10 4 6 4 12 4 6 2 4 2 12 2 12 30 30 2 2 2 EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH $, 41 · 50 $, 415 · O0 $ 40.60 $~0 $ 62.80 $ 376.80 $__~0 $~0 $ 99.00 $ 1 188.00 $ 88.50 $ 354.00 $179.30 $.!,075.80 ' $158.50 $ 317.00 $256.60 $ !,026.40 $256.60 $ .. 513.20 $232.40 $ 2,788.80 11.60 $ 23.20 12.30 $__ 147.60 14'.30 21 .80 $ 654.00 32.50 $65.00 $_4_7_._.4_0 $ .... c~,~_ Rn 60.50 $ 121.00 PAGE 33 SOLICITATION ~Y2-168-JC BID FORM: GROUP : ~ D~UCTILE..!RON, CAST,ROM PIPE & FITTINGS ITEM NO DESCRIPTION EST.ANNUAL UNIT OF EXTENDED QUANTITY ISSUE PRICE PRICE 199. 2OO. 201. 202, 203, 204, 205. 206. 207. 208. 209. 210. 211. 212. 213, 214, NEGALUG FOR DI PIPE 16" - 1116 2 18" - 1118 2 20" - 1120 2 24" - 1124 2 3O" - 1130 2 36" - 1136 2 MANHOLE COVER...(WATER) - US'FOUNDRY TOP OF COVER - ORANGE COUNTY, MIDDLE - WATER 10 VALVE BOXES VALVE BOXES (Domestic) Tyler 125 VALVE BOX LID - locking (water) Tyler 30 VALVE BOD LID - SEWER 50 VALVE BOX EXTENSIONS SCREW TYPE (DOMESTIC~ 12" EXTENSIONS SCREW TYPE 24" EXTENSIONS SCREW TYPE 36" EXTENSIONS SCREW TYPE PVC Socket Flange (van stone style) 3" PVC Socket Flange 4" PVC Socket Flange 6" PVC Socket Flange EACH EACH EACH EACH EACH EACH EACH $ 86. 0 $ 173.2.0 $_122.60 $, 245.20 $15~. 1 0 $ ...... 304.20 $178.80 $ 357.60 $483.40 $ 966.80 $~0 $_L,223_,.40 EACH EACH EACH $148.00 $ 1,480.00 50 EACH 50 EACH 50 EACH 26.66 $ 3,332.50 13.80 $ 414.00 9.20 $ 460.00 26.20 $.1,310.00 36.80 $~1,840.00 $__4JL_I.O $ ~: aO~_ nO 15 EACH $ 6-705 30 EACH $ 8-055 20 EACH $~655 TOTAL GROUP B $178.066~18 100.50 241.50 253.00 PAGE 61 SOLICITATION #¥2-188-JC BID FORM: GROUP : ~ S~RVICE.MATERIALS:. iTEM IO DESCRIPTION EST.ANNUAL UNIT OF QUANTITY ISSUE UNiT EXTENDED PRICE PRICE ~LIND FLANGES- F~L FACE. W/B/G KIT ~5. 4" Blind Flanges 50 EACH 18.455 937.50 6" Blind Flanges 8" Blind Flanges 10" Blind Flanges 12" Blind Flanges 50 EACH 5o 50 EACH 50 EACH fJ S.LE. EVES 70. 14" X 14" MJ Sleeves, Cememt lined W/ Access 50 EACH $ 29.7051,485.00 $ 35.0051,750..~.00 $ 68.5053 425.00 5 94.0054~00 $~02.005 ~.p,lO0.O0 ~1. ?2. 4" X 2" MJ Caps 73. 10" X 2" MJ Caps 74. 12" X 2" MJ Caps 75. 5 1/4 MJ Caps, 24" Bury*** 16" X 16" MJ Sleeves, Cememt lined W/ Access 50 EACH 50 EACH 50 EACH 50 EACH 50 EACH $240.005 12~00.00 $ 21.505 1,075.00 5 49.005 2,450.00 5 58.005 2,900.00 ~~D$_2~3~o.oo' · 30" Bury*** 50 EACH 55_l~$_2.5~0 00 76 5 1/4 MJ Caps, · · ***FIRE HYDRANTS ARE PRICED, DUE TO CONFUSION AS TO WHAT MAY ACTUALLY BE REQUIRED. {YDRANTS 77. 5 1/4 Dresser ~929 Hydrant 48" Bury 78. 5 1/4 Dresser #929 Hydrant 60" Bury 10 EACH 10 EACH ~15.005 5,150.00 55.0055,550.00 HYDRANTS RISERS, ALL MAKES 4.....~/2 BARREL SIZE. 6 THRU 36.. . 6" 10 79 Fire Hydrant Risers, EACH $128.005 1~280.00 PURCHASI.~G DIViSiON .... INVITATION TO' BID m Ilti~, k ( ~s. ~00 H~V~H~L~ ~O~D CLASS*II~M DESCRIPTION TOTAL GROUP I .......... BRASS EXHIBIT "A" TOTAL GROUP II ........... PIPE EXHIBIT "8" TOTAL GROUP iii .......... PIPE FIII']NGE; EXHIBIT "C" METERS HEADS, - 5/8" X 3/4" NEPlL,INE MEI'ER METERS -- NEPTUNE T-lO ME1EF{S 5/8 >,' 3/4 BADGER 5/8 X 3/4 METERS HODEL,::... HERSEY MVR $0 HERSEY MVR 100 150-LB CYLINDERS 2000-LB. CYLINDERS NOTE: ALL LINE ITEMS HUST BE FILLED IN FOR EACH GROUP, EXCEPT FOR HErER$. CAUTION: UNBALANCE LINE ITEMS TO LOWER GROUP AMOUNT WILL BE CAUSE FOR REJECTION. VENDOR NEEDS T0 PROVIDE C'UT$1-tEET SPECIFICATIONS ON EACH I'FEM BiD AS AN I)AIC' 07/2':)/':22 ,l~n ..~lU.rl .. U f lL..'3-1t t IRENE (:'AS I'ER 32. 60 4OC f)l I^Ntl I ',' I Il, II 1 Pr,r'l Ng. oo DELIVERY; 5 ...... calendar days alter ~oc, eil)l ~f o~rler. PR(IMP1 PAYMENT DISCf)tINf: ,.. /4//4)' .... % I m m Tille: The undersigned hereby cerlilies IhRI They hav~ read and und~.h'~lnnd Iht, cnnlmd~ of lhi.~ Rolicitalinn nmi nqr¢~ !,~ h,mi~h ;~1 Ihs pt[r¢c ~h ,,. =, ,,. or all of the items above, subject to all inslruction~, condilion~, spmtilicqlions and mlachmenls hmel(~. F~ih.¢ iq have m~fJ ~11 Ihs I-,,'¢;",,,-' , Ihis solicilalion shall nol~ cause Io aller any resulting cnntracl or request additional compenselion.' ]ND]AN R[VER, COU#TY OPEN END CONTRACT · ESTIMATED USAGE · '; STJHATED I . ..~i?'IA#NUAL USAGE I DES,~RIPTIO# ... / i 252 .... i PiPE FITTING,T, - GSOUP lit ~ CONTIN,UED I · 1OO I CUT ~[.F SAU BLADES (BULLARD):.50 DIP.50 CONCRETE UTIL' (HINVNTRY.LK) ' I ].,U,O.-M- I i,,,UNL'T PR[CE I TOTAL ! _~A., .... ~'.,C:x::~ ~c~.~ '1 I ~1 I I I ' ' ~,-""' ~ ! EA~ I _ '~ I ~L~- ,.... ,....~., I I , ~ I ,~ I E~ ..... I . ~~ I ! E~.... I '~ ,,, ~' I f I , , o., .... , I_. E~. I .,, · I ,j ,, ,,..: I I I ~ I I . I' :' , ,,, ~ ...... I~., [~.~ I i ~ 001 ~ I i ...... I I I ~ .... I I -I i I '1 i 2sT.., 81~ ..... · 256. 1768 I 257~ I 258. I 260. ~Z6~. I 262, '~L263. I 265,,r ! 266. 1~267. L268., J~69. L~270..,~ 1'272. I 253 ~280 .... 1 ~" RU~.BER METER GASKETS I 25~,,, 113~ I BELL END ~ASKETS FOR 2# PIPE ~VC i I ~',V;" RUpS;R M~TER ;RSKET$ ..... I I S/a",~e~R METER GASKETS I I 5/8" RUBBER HETER GASK~T~ I _.~00 I 2" RUBO{~,METE,R GASKETS I 1~ J 1-~/~,, FleER METER GASKET~. I 206 1.1" LEATHER HETER ..GASKetS I ..&8 I 5/8" LEATHER METER GASKETS I .~e I ~-..M.d. GASKET,S &O ~o &O 8 12" M~j. ~a,sKg~S I 6,, ~.j. GASKETS . J 8u TRAMS M,d, GASKETS ,I 6" TR&NS M,j. G,&SKET$ I 8- M.J, GATE VALVES RES~LTENT SEAT J VALVE q~X (TOTT~MS} I 6" FL,aNG~O, EN~,GATE,, VALVES ~ESILTENT SEAT J &e' SUING CN~,CK VALVE FLANGEO ENOS I ~" GATE UNEEL VALVE FLAN~~ ENpS I &" GATE.~ALVE M.J. J"27~. I1, I.~,"..PLU..G. VA..LVE .~.J, I /~ I 6" PLUG VALVE M.J~. '16' i I I ~<].~I t t Jg- I EA,. i i I... lEA,. i INDIAN RIVER COUNTY OPEN END CONTRACT ESTIMATED USAGE UTIL (HINVNTR¥.LK) 5/89 ESTIMATED ! 275, 8 276. 277, 279 ~o. pIp~_FITTI,NGS - GROUP III - CONTINUED 6" N~, GATE..~ALVES 1" FIBER METER GASKETS DO~BLE CEHENT METER BOXES DOURLE LIOS CEN~HT LARGE STREET BOX IRON LI~S..~OR STREET BOXES 2~1. 4. I LARGE CEHENT..LIP.R I 282. 4. ; SINGL.E .C~T BOXES I 283, 4. I SINGL~ LIDS CEMENT I ~284. ~ I SINGLE IRON LID~ I 285, &32 . [..SINGLE PVC BOXES I 286. 54.0 J ~INGLE PVC LIDS i 34,0 I DOUBLE PVC BOXES J...;~.~7- i I 288, I289. I I. U,_O, M, 348 II~e3. I, I I 291~ 3Z i I 292. 8 8 I 294.. 32 DOUBLE PVC LIDS 295. I ]..,2,~.. ,~12 I I 297. 4.4. I I .I UN I T PR.I.,i~E~ i I TOTAL pRJ,,CE I 50" FIRE HYDRANT HOSE M.J. TRAMS GASKETS EA. &" M.J, TRANS GASKETS 18" M.J. GASKETS 12" BELL GASKETS 6" BELL GASKETS 12 I 16" M.J. GASKET~ 8" M.J. GASKET,S 10" M.J. GASKETS '17' ,I I I EA.,,_ I ' O i II. . Lo'~ ~ , .... E,~ ! I~.OOI ,,,..., Is. l ~ I 1~.~I ,, . i ..... ~. ~.~ll ~.~ II IG.Oo I EA. EA, F.A. INDIAN RIVER COUNTY' OPEN END CONTRACT ESTIMATED USAGE UTIL (HINVNTR¥.LK) 5/89 I 298. ~ ESTIMATED ] IANNUAL USAGE I DESCRIPTION I J. I PIPE FITTING~ - GROUP Iii - CONTINUED I I I ~i ~oo. 10~ ,I 1" x 8" TEE BOLTS I 48 I LOCKIHG TEE BOLTS I I EYE BOLTS I .U .O.M. EA, EA. I I UNIT PRICE I TOTAL PRICE I I I i ', .'qs. i q..oo I 301. 20 , ' I BREAK AWAY KIT FOR MULLER HYDRANT & AMERICAN (SOLE I*30Z. 4 J SOURCE BRAND) J I I ,~OTAL BIO_A~OUNT - GROUP i!1 I I '18- I City of Sebastian .. 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 rl FAX (407) 589-5570 AGENDA FORM SUBJECT: Appointment of Equity Study Commission Member Approved for Submittal By: · City Manager ) Agenda No. ) ) Dept. Origin: ) ) Date Submitted: ) ) For Agenda of: ) ) Exhibits: ) City Clerk 2117/94 2/23/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Councilmember Corum has been requested to appoint a member from the local business community to form a diverse committee of five. RECOMMENDED ACTION Move to approve the appointment of Maureen H. Pool¢ Real Estate Broker, Twin River Realty to the Equity Study Commission. i I I I I I I I I I i I I I I i I CITY OF SEBASTIAN/ Petitioner, vs. James Malone, Respondent. CODE ENFORCEMENT BOARD CITY OF SEBASTIAN COMPLAINT NO. 93-8933 FINDINGS OF FACT, CONCLUSIONS. OF. LAW, AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on January_ 19. 1994.. after due notice to the Respondent and based on the evidence presented, the Code Enforcement Board makes the following: FINDINGS OF FACT That the respondent is the owner of the residence located at Lot ~l, Block ~6, Unit ~13 Sebastian Highlands, 880 Genessee Avenue~ Sebastian. Florida: Three boats on lot, each constitutes one R.V.: Junk vehicles located on property. WHEREFORE, based upon the forementioned Findings of Fact, the Code Enforcement Board makes the following: CONCLUSIONS OF LAW ~hat the Respondent is An violation of Section 20A-5.16(C)(9) of the Land Developm~ Code (C. Parkinq and storage of recreational vehicles - Recreational vehicles as described herein may be parked, stored or placed on any improved lot in any residential district. provided that: 9. No more than two (2.) recreational vehicle~. shall be ~ermitted[on any one improve_d lot whose area does ~Ot ~xceed fourteen t~uSand nine hundred and nlnetv-nine f14,999~ sauare feet.)~. Secti°n::86~47 of the Cgde .of Ordinances CUnlawful deposits, - It shall be unlawful for an~.~erson to deposit, kee~ or maintain any ~unk ~n'anv lot or space wlth~ ~he City, e.xce~t only ~hat trash, qarbaqe or' other waste.from l[~na ~uarte~ may be deposited in the place ~rovided by._~heC£t¥ for such deposit.) of ~he City of Sebastian. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: Respondent shall have ~5 calendar days f~.om..~he date ofthi~ hearin~kobrin~ the pro_retry into comvliance. Upon ~a£1ure of the Respondent to com~lv wi~h..~h~s Order, on ~r~b~ore the 3rd day o~ Februarv~ 1~94, the Code Enforce~nh. Board does levy a fine of up to $500.00 for every day the vlol~.9~n....of S~ct~on 86-47~onttnues and a fine o~ $25.00 for every_ day that the violation of Section 20A-S.16(C~f9~ continues vast the date set for compliance. It shall be the responsibility of the Respondent to notify the Code Enforcement officer that compliance has been achieved. if Respondent does not comply on or before the date set for compliance, an Order imposing a fine may be recorded in the Official Records of Indian River County, and once recorded, SHALL CONSTITUTE A LIEN against the property upon which the violations exist and upon any other real or personal property owned by the Respondent. If Respondent causes a reoccurrence of the violation, this Board shall after notification to the Respondent, reconvene in the Council Chambers to hear further evidence on the issue of compliance and may impose a fine of up to the maximum amount of $500.00 per day for each day.the violation continues beyond the compliance date. .' The foregoing order was moved for adoption by the Code Board member George M9%~alf. The motion ~as seConded by Code Board member Joan Kostenbader and, upon being put to a vote,' the vote was as follows: Chairman Damien Gilliams ~es Vice Chairman Joan Kostenbad~r .... ~es Board Member Donato ~erobertls ........... y~'~" Board Member Henry Fischer Board Member Louis Nicolini Board Member Wayne Tozzolo Board Member George Metcalf ...... Xes The Chairman thereupon declared this order duly passed and adopted this 19 day of Jan~__~,1994. DONE AND ORDERED in Sebastian, Indian River County, Florida this __ .~ day of .~t~4~, 19~_~. FL°RIDA CHAIRMAN,/Code E~forcement Board ATTEST:' NUNC PRO~ Clerk, ~d~ Enforcement Board CODE-ENFORCEMENT 'BOARD CITY OF SEBASTIAN CITY OF SEBASTIAN, Petitioner, VS. ED VASEY, Respondent. COMPLAINT NO. 93-9011 FINDINGS OF FACT, CONCLUSIONS OF LAW~ AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on January ~.9,. 1994 after due notice to the Respondent and based on the evidence presented, the Code Enforcement Board makes the following: FINDINGS OF FACT That the respondent, ls.the.resi~e~.~f the pro_Dert_v located at Lot 28, Block 26, Sebastian Highlands Unit #1j 573 Alamanda Aven~e~ Sebastian, Florida: Five £5} off-~re~ise aaraae sale sians. WHEREFORE, based upon the forementioned Findings of Fact, the Code Enforcement Board makes the following: CONCLUSIONS OF LAW That the Respondent is in violation of the Code of OrdiBances of the City of Sebastian Section 82-33 Advertising, slqnS., .... r fa) Number, locatio~and size of signs permitted. Only the following specified sians ma~ be displayed in relatlon to a pendlng~L~r.aqe sale; one si~n of not more than four square feet shall be permitted to be displayed on the DroDer~¥ of the residence where the ~arage sale is being conducte~, lb) Time limitation on exhibition of signs, bo s£~n as Drovlded in sUbSection Ca~ of t,hi,S,,,Section shall be exhib£ted except du~ina the hours of operation. (c) Removal s~ns. Sia~s must be rem0v~,.,~ch day at the ~ose of the qaraqe sale actlv~tles or by the end of da¥~iah~, whichever WHEREFORE, based Upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: ResDondent~ ~rio~ to tht~ea~in~, was in vioiat£~,,.,,of Section 82-33 of the Code of O~dimances of ~he Cit~ of Sebastian. but no~ in compliance. If Respondent repeats or causes a reoccurrence of the violation, this Board shall after notification to the Respondent, reconvene in-the Council Chambers to hear further evidence on the issue of compliance and may impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues beyond the compliance date. The foregoing Order was moved for adoption by the Code Board member Joan Kostenbader . The motion was seconded by Code Board member George.Metcalf and, upon being put to a vote, the vote was as follows: Chairman Damien Gilliams Vice Chairman Joan Kostenbader Board Member Donato Derobertis Board Member Henry Fischer Board Member Louis Nicolini Board Member Wayne TozZolo Board Member George Metcalf Yes Yes ~es NO yes Yes The Chairman thereupon declared this order duly passed and adopted this 1~ day of Januarv,1994. DONE AND oRDE~D in Sebastian, 'Indian River county, Florida, F~~AN, FLORIDA - Enforcement Board NUNC PRO/_~ ATTEST: Clerk, C~ Enforcement Board City of $efiastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589,-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Use of Community Center-Wedding and Reception-Cramer/Elam APPROVED FOR SUBMITTAL BY: Acting .City Manager.~.~..~ ) ) Dept. Origin city Clerk ) ) Date Submitted 02/08/94 .) ) For Agenda of 02/23/94 ) ) Exhibits: ) Application ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SU1VJMARY STATE,MENT The City of Sebastian has received a request from Esther Cramer for use of the Community Center on March 26, 1994, to hold a wedding and reception between the hours of 5:30 P. M. and 9:30 P.M. She is requesting use of alcohol at this event. RECOMA~NDED ~ Review the above request and act accordingly. CITY OF SEBASTIAN I RENTAL PERMIT APPLICATION Are kit.~e~ fa~Ylt~es t~it~l? __/y ~ ._~,5"~.., ~ or Cash asom~t oK. luta~ ~ee ~d on (~te) ~ ~e ~t o[ ~ti~ ...... (~a). ~ ~ / D~. ~nt of ' on (date) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RECOMMENDATION FROM THE CODE ENFORCEMENT BOARD REGARDING THE RESIGNATION OF DONATO DEROBERTIS AND HENRY FISCHER Approval for Submittal By: C~ty Manager ~.O'~ ) Agenda Number: ~. ~ ) ) Dept. Origin.: ..C.O~munity De.v...e. lopment ) ' ) Date' Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) ) 2. ) 02/16/__9_.~.. ( B C~ ___~ '02/23/9.4 . Letter of resignation from Donato Derobertis Letter of resignation from Henry Fischer EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their meeting held 2/16/94, the Sebastian Code Enforcement Board made and passed unanimously the following motions: MOTION BY GEORGE METCALF, SECONDED BY JOAN KOSTENBADER TO ACCEPT THE RESIGNATION OF DONATO DEROBERTIS WITH REGRET FROM THE CODE ENFORCEMENT BOARD. MOTION BY LOUIS NICOLINI, SECONDED BY GEORGE METCALF TO REGRETFULLY ACCEPT THE RESIGNATION OF HENRY FISCHER FROM THE CODE ENFORCEMENT BOARD. RECOMMENDED ACTION To accept the resignation of Donato Derobertis and Henry Fischer to be effective immediately. Donato DeRobertis 550 S. W. ~ichael St. Sebastian, Fl. 32958 January 28,'1994 Sebastian Code Enforcement Board P.O.Box 780127 Sebastian, Fl. 32958 Dear Board Members, This letter is to.inform you of my resignation from the Board. Having served on the board for almost 6 years, 5 as chairman, I feel that the time has come ~o step down. IZ has been a great experience, one I shall long remember. Good luck to all of you. Donato DeRobertis February 15, 1994 Code Enforcement Board City of Sebastian P.O.Box 780127 Sebastian, FL 32978-0127 Gentlemen: I am writing you to inform all persons concerned that I will not be serving on the Code Enforcement Board after the expiration of my present term, effective 2/16/94. The reasons for this are as follows: This position creates a time conflict for myself due to my business operations. I will not be at tomorrow's meeting due to scheduling conflicts and due to this recurring problem I feel it is time to give someone else the opportunity to serve on the board. Your cooperation in this matter will be greatly appreciated. Sincerely, 755 S. Fischer Circle Sebastian, FL 32958 City of Seb'aStian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE 589-5330 n FAX 589-5570 (407) (407) SUBJECT: MEMBERSHIP APPOINTMENT TO THE CODE ENFORCEMENT BOARD Approval for Submittal By:. City Manager ~0'~ ) Agenda Number: ~. 0~ ........ ) ) Dept. Origin: community Development ....... ) ) Date Submitted: 02/.1.6/94 ) ) For Agenda Of: . ~ ' 0~23/94 ) ) Exhibits: ) 1. ) ) ( BC,)~,. Application for Joseph C. Generazio EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the Code Enforcement Board meeting of February 16, 1994, a motion was made by George Metcalf seconded by Louis Nicolini to recommend to City Council the appointment of Joseph C. 'Generazio for a term expiring in 3 years (March 1997) for the businessman position. Since there was only one applicant that was interested in being on this board at the present time to fill the three (3) positions available, staff contacted applicants on file prior to 6 months and asked if they would be interested to serve on this board. Since staff did not receive any positive responses, staff recommends to readvertise for two more members for the subcontractor and member position. RECOMMENDED ACTION Move to recommend to City Council appointment of Joseph C. Generazio for a 3 year term which will expire March 1997 and readvertise for two more board members. 2. HOME ADDRESS: · 3. HOME TELEPHONE.' 4. BUSINESS: 5. BUSINESS ADDRESS: ' 6. ;'"'='~S>NESS TELEPHONE: 9. RESmE: 'OF EDUCATION (uSe.additi'onal.sheets if hecessar~ or submit resume if available) 10. Voter registration no. ¢69 ~ g ~ 11. Are you a resident of the City? Yes /NO -- [2. Length of Residency ~~. ,,13. Do';.y~u hold a public o£fice? Yes No 14. :Do you serve on a City Board at present? Yes No 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice ,being "1")'.. *BOARD OF ADJUSTMENT ; *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING ANDZONING HANDICAPPED COMMITTEE 17. What reasons do you have for wishing to serve on an advisory board? 16. What qualifications do you have .to serve on this board? I I I I I I I I i I i I I I i I ~;"'/ .... ~18. ':"Have you ever ~pen convicted of any felony or any I!"1 .= misd~meano~.invo~ing moral turpitude in this or any state? , ~. . 4 '4 Ye s No ~ 19. Would"y°u consider serving on another-Board other than the .~'~ne(s)' you selected above? ' Yes ____~o I hereby certify that'"i am qualified to 'hold the position for which this application is made. Further, I herpby authorize the City of Sebastian to investigate the truthfulness of all information which i have provided in this. application. I understand that any'misrepresentation or omission.of information requested in this application is cause for.disqualification or removal. I understand that the City Council ~f the City of SEBASTI~ may suspend or ~emove ~rom office any mUnicipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a .felony or for 8 misdemeanor related to %he duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed and sworn to before me thisIq~ da= of~0~O~, , 1~ , by. ~O~=~ ~<~6~ , ~-~'is per,ally kh~wn to me or has produced ~ Dc ~ as identific~tion. (SEAL) Notary Public~ State of FlOrida Name of Notary' (Printed. or ~yped) Commission NO. · O , Kath~yn M. 'O'Hall0ran'. ~0' ~ I~vest[gator. Willie Render SUBJ~CY. Want/Wa~ant Check - Applicant Joseph C. Generazi~ A check for wants/warrants for` the above referenced applioant/board me~er reveal that: . . [~ No 'active want [ ] ~ a6tive warrant or want does exist and' follow up will ~ Holds valid Florida Drivers License. Sebastian Police Depa~ment City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: BOARD OF ADJUSTMENT RESIGNATION OF ALTERNATE BOARD MEMBER. Approved For Submittal By: Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 2/14/94 2/23/94 Letter of resignation from Donald "Jake" E]sessor. Excerpts of minutes from meeting of 2-1-94. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT As a result of the relinquishment of Donald "Jake" Elsessor as alternate member position, the Board of Adjustment is requesting that you accept his resignation. RECOMMENDED ACTION Move to accept the resignation of Donald "Jake" Elsessor, alternate member of the Board of Adjustment. 710 Washington Street · Suite 15 · Sebastian, Florida 32958 I (407) 589-5678 I (407) 589-6480 Fax ..... -"'. 'j,~ \i~',!., ~I~,"' ,'.I'. ! ,' ,~ ,',SO-~ ........... /,,; ' :,,, ,-. "IN WASHINGTON PLAZ,q . . . OVERLOOKING THE INDIAN RIVER" To; Board of Adjustments Chairman .From: Donald Jake Elsessor Subj ec t: Resignation from Board Da te: 10/29/93 Please accept.my resignation from the Board of Adjustment, effective immediately. Reason being,I will be moving outside the city limits shortly. Actually to Little Hollywood. I hope I have been of some assistance during my short term on the board. Respectfully, Donald J. Elsessor NEW. BUSINESS: NONE CHAIRMANS MATTERS: NONE COMMITTEE MATTERS: RESIGNATION OF DONALD "JAKE" ELSESSOR. CHAIRMAN SHISGAL MOVED TO REGRETFULLY ACCEPT MR. ELSESSORS RESIGNATION AND RECOMMEND THAT THE CITY COUNCIi, RESPECTFULLY ACCEPT THE RESIGNATION OF DONALD "JAKE" ELSESSOR. MR, PRICE SECONDED THE MOTION. CHAIRMAN SHISGAL ASKED THE BOARD MEMBERS IF THEY WOULD LIKE TO INTERVIEW THE APPLICANTS ONCE RECEIVED. MR, VILARDI SUGGESTED THE CITY CLERK TO GO THROUGH ALL THE APPLICATIONS~ON FILE TO SEE IF THERE ARE ANY THAT CHOSE BOARD OF ADJUSTMENT AS THERE SECOND CHOICE. CHAIRMAN SHISGAL SUGGESTED THAT WE WOULD INTERVIEW THE APPLICANTS AT THE NEXT MEETING WHERE THERE IS A CASE. CHAIRMAN SHISGAL ALSO SUGGESTED THAT WE'WOULD ADVERTISE FOR THE POSITION SINCE IT HASN'T BEEN DONE IN A WHILE. MR. SPROUL MENTIONED EVENTUALLY HE WOULD ALS(.) BE RESIGNING. BOARD OF ADJUSTMENT REGULAR MEETING OF FEBRUARY 1, 1994 PAGE THREE CHAIRMAN SHISGAL ASKED THE BOARD MEMBERS IF THEY ALL FELT WE SHOULD ADVERTISE. IT WAS THE CONSENSUS OF THE MEMBERS TO ADVERTISE. THE BOARD SECRETARY SHALL NOTIFY THE APPLICANTS FOR THE VACANT ALTERNATE POSITION OF THE NEXT MEETING WHICH THEY WILL ATTEND FOR INTERVIEWS. COMMITTEE MATTERS: NONE BUILDING OFFICIAL MATTERS: NONE City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE {'407) 589-5330 [] FAX (407) 589-5570, SUBJECT: CITY MANAGER- CONTRACT APPROVED FOR SUBMITTAL BY: Acting City Manager: ~0~ AGE.DA .O. Dept. Origin PERSONNEL~ Date Submitted 0,2/15/94 For Agenda Of 02/23/94 Exhibits: ATTACHED CITY MANAGER CONTRACT EXPENDITURE AMOUNT APPROPRIATION REgUIRSD: BUDGETED: REQUIRED: SUMMARY STATEMENT Attached is the contract for the City Manager which contains the basic pay and benefits package that the Council discussed and tentatively agreed upon at the special public meeting on February 9, 1994. Both Mr. Koford and the Assistant City Attorney Rick Torpy have reviewed this document and are satisfied with the wording and content. RECOMMENDED ACTION Move to adopt Resolution R-94-18 approving the contract between the City of Sebastian and Joel L. Koford. doc: agenda RESOLUTION NO. R-94-18 A RESOLUTION OF THE CITY OF SEBASTI]~N, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYORANDCITY CLERK TO EXECUTE ANEMPLOYMENTAGREEMENTBETWEEN THE CITY ANDJOEL L. KOFORD FOR THE PURPOSE OF EMPLOYINGMR. KOFORDAS CITY MANAGER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR ANEFFECTIVE DATE. WHEREAS, the City Council has previously determined.it to be in the best interest of the City of Sebastian. to employ Mr. Joel L. Koford as city Manager; and WHEREAS, the terms of employment have previously been discussed by the City Council and Mr. Koford at a public meeting of the City Council of the City of Sebastian held on February 9, 1994; and WHEREAS, the City Council and Mr. Koford desire to enter into a written employment agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The Mayor and City Clerk are hereby authorized to enter into an employment agreement with Joel L. Koford on behalf of the City of Sebastian. Said employment agreement being attached hereto as Exhibit "A". Section 3. CONFLICT. All 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. Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council- member . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. ATTEST: CITY OF SEBASTIAN By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran CMC/AAE, City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 2 E~P~OYI~ENT ~REE~ENT This Agreement, made and entered into this . day of February, 1994, by and between the City of Sebastian, Florida, a municipal corporation, (hereinafter referred to as "City") and Joel L. Koford (hereinafter "Mr. Koford") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Mr. Koford as City Manager of the City of Sebastian, Florida; and WHEREAS, the City expects Mr. Koford to perform all of the responsibilities and obligations required of the City Manager of the City of Sebastian pursuant to the City Charter, Ordinances, Land Development Code, and applicable State and Federal regulation; and WHEREAS, the City desires to provide specified terms of employment for the position of City Manager; and WHEREAS, Mr. Koford is desirous of entering into an employment relationship with the City of Sebastian to perform the services required of City Manager. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Mr. Koford, hereby agree as follows: I. APPOINTMENT: The City hereby appoints Mr. Koford as the City Manager of the City, effective February 23, 1994, subject to all terms and conditions of this Agreement. The City confers upon Mr. Koford all powers, duties, and responsibilities as prescribed and permitted by the laws of the State of Florida, the City Charter, Code of Ordinances and Land Development Code of the City of Sebastian. II. TERM OF ~MPLOYMENT: 1. CONTRACT TERM: This Agreement shall become effective February 23, 1994, and.shall terminate pursuant to the terms of Section VI of this Agreement. IIi. COMPENSATION AND BENEFITS: 1. SALARY - Mr. Koford's salary for the initial 12 month period of this Agreement shall be $55,000.00 per year, payable in bi-weekly installments. '"' 2. HEALTH INSURANCE: The City hereby agrees to provide, and pay for, health and dental insurance for Mr. Koford and his dependents. Said health/dental benefits to be the same as those provided for all other full time City of Sebastian employees. 3. RETIREMENT - The City agrees to contribute, on behalf of Mr. Koford, an amount not to exceed $3,750.00 per year, on a dollar for dollar matching share basis as determined by Mr. Koford's contribution, to the City's IRC S457 Retirement Plan. The City agrees that this amount is to be paid in addition to the FICA contribution required to be paid by the City of behalf of Mr. Koford. 4. TRANSPORTATION - The City agrees to provide a City owned vehicle for Mr. Koford's exclusive use. This vehicle is being provided for Mr. Koford's use while performing City business and is not for the personal use of Mr. Koford. The vehicle is not to be used for travel between Mr. Koford's residence and place of business. 2 5. VACATION - Mr. Koford shall accrue vacation benefits at the same rate provided to all employees of the..City. Upon termination of employment with the City, Mr. Koford shall be entitled to compensation for accrued vacation time not to exceed twenty (20) days. 6. SICK LEAVE - Mr. Koford shall accrue sick.leave at the same rate provided to all other employees of the City. Upon termination of employment, Mr. Koford shall no__t be entitled to compensation for accrued sick leave. 7. DISABILITY - Mr. Koford shall be provided disability benefits to the same degree as provided all other employees of the City. 8. PROFESSIONAL ASSOCIATIONS - The City agrees to budget, to the extent funds are available, for payment of dues, subscriptions, and educational seminars, related to the scope of Mr Koford's responsibilities and duties as City Manager of the City. 9. BUSINESS EXPENSES - The City agrees to reimburse Mr. Koford for all expenses incurred by Mr. Koford directly related to performance of his duties as City Manager. This provision, however, shall not be construed to require the City to reimburse Mr. Koford for expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or ordinances of the City of Sebastian. 10. DISCRETIONARY TIME - In addition to accrued vacation time, Mr. Koford shall be entitled to discretionary time consistent with the employment policies of the City as established 3 and modified from time to time. 11. OTHER BENEFITS - Mr. Koford shall be entitled to other benefits as, from time to time, may be afforded all other full time employees of the City of Sebastian. IV. REVIEW/EVALUATION: 1. 'EVALUATION -Upon completion of the first Six month period of employment, Mr. Koford shall be reviewed by the City Council as to his performance. The City Council may, as deemed appropriate, increase the salary and benefits of Mr. Koford in a manner consistent with his performance evaluation. A determination by the City Council not to increase Mr. Koford's salary or benefit shall not constitute a breach of this Agreement. Any increases in salary or benefits shall be at the sole discretion of City Council. Subsequent performance evaluations shall be conducted on an annual basis. 3. COST-OF-LIVING/MERIT RAISES - Mr. Koford shall receive cost-of-living increases consistent with those provided to other unlimited time status employees of the City. In addition to cost of living increases, Mr. Koford may be entitled to merit increases in salary as, from time to time, are approved by the City Council. V. RESIDENCY: Mr. Koford agrees to become a resident of Indian River County, Florida, within six months of the effective date of this Agreement. 4 w. 1. The term of this Agreement notwithstanding, either party shall have the right to terminate this Agreement, upon providing ninety (90) days advance written notice of termination to the other party. This provision notwithstanding,, however, the City shall be entitled to terminate this Agreement, with or without cause and without ninety (90) days written notice, provided the City pays to Mr. Koford an amount equal to ninety (90) days of his current annual salary at the time of termination. 2. Notwithstanding any provisions of this Agreement, to the contrary, the City may terminate Mr. Koford, with cause, pursuant to the terms of Article IIi, Division I, Section 3.03 of the City Charter. 3. If Mr. Koford is terminated for cause, the City shall not be obligated to pay any compensation to Mr. Koford pursuant to the provisions of Section VI (1) of this Agreement. VII. INDEMNIFICATION: The City shall defend, save harmless and indemnify Mr. Koford against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Koford's acting within the course and scope of his duties as City Manager. VIII. GOVERNING LAW: This Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. 5 IX. ~QDIFICATIONS: No provision of this Agreement may be changed or modified except by written Agreement-executed by the parties hereto. X. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof; said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. XI. NOTICES: All notices, consents, requests, instructions, approvals and other communications provided for herein shall be validly given, made or served if in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address, (or at such other address shall be specified by like notice): To the Employer: City of Sebastian Attn: Lonnie R. Powell 1225 Main Street Sebastian, FL 32958 With a Copy to: To the Employee: Charles Ian Nash, Esquire Frese, Nash & Torpy, P.A. 930 S. Harbor City Blvd. Suite 505 Melbourne, FL 32901 Joel L. Koford XII. HEADINGS: The headings in this Agreement are for purposes of reference 6 only and shall not limit or otherwise affect the meaning hereof. XIII. ~N~FORCEMENT: In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including, but not limited to, a reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting it asserts specific contentions concerning the Agreement which are ruled upon by the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Joel L. Koford has executed this agreement, as of the day and year first.above written. CITY OF SEBASTIAN, FLORIDA, A municipal corporation Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran City Clerk Approved as to form and content: Charles Ian Nash, City Attorney Joel L. Koford ,City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-53:~0 [3 FAX (407) 589-5570 SUBJECT TRANSITION PERIOD OF CITY MANAGER APPROVED FOR SUBMITTAL BY: Acting city. Manager: . c~'~/ Dept. Origin .VICE MAYOR Date Submitted 0.2Z15/94 For Agenda Of 02/23/94 Exhibits: ATTACHED .CITY COUBCIL - S/ll/93 EXPENDITURE ,REQUIRED: YES AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED= $4,102.93 I S__UMMARJ STATE_______~N__T On the City Council Meeting of August 11, 1993, the City Council agreed to compensate the Acting City Manager/City Clerk an additional 20% of her salary for the time she is Acting City Manager. The City has now hired an extremely competent City Manager, effective February 23, 1994, but there is a transition period when the City Clerk's expertise will Be needed.. The City Clerk, in her capacity as Acting City Manager, has become involved in several projects which will require her knowledge and expertise to Bring to completion, such as: the 1993 Occupational License Tax Amendments, Sebastian Lake Utilities, Indian River Council on Aging and the Old Library/Teen Center Building. The purpose of this memo is to request that the City Council extend the increase in pay of the City Clerk for up to six months to cover the transition period. The cost difference between the City Clerk's rate of pay and the 20% increase for Acting City Manager is $315.61 per pay period. The maximum time suggested of six months has 13 pay periods in it for a total of (13 x $325.61 =) $4,102.93. This would be the MAXIMUM amount needed to be set aside to allow the City Clerk to finish these projects. RECOMMENDED ACTION I Move to approve compensating the City Clerk an additional 20% of her salary for up to six months in order to finish projects which i are near completion that she has handled while in the position of Acting City Manager andto assist the new City Manager in the transition process. Regular City Council Meeting August 11, Page Twelve 93.246/ 92.179 Set Public HearSnq Sot september 8~ ~ ~ Amend Henr¥.~. Fischer. Mu~ch/Burn Special Use. Permit Adopted.by.Resolution No. ~ to ~ Area ~n~ Change Expiration Date (Director of community Development ~r. ansmittal dated 7/29/93. A~DDlication. Fischer Letters dated ~24/93 and ~ DCD Letter dated 6 1_6_~ R- 92-33 DCD ~etter 7/30/93) John Revela, 429 Georgia Boulevard, and A1 Vilardi, 445 Georgia Boulevard, Sebastian addressed City Council on this issue. MOTION by Corum/Oberbeck I make a motion to set the public hearing for September 8, 1993 to consider a special use permit for Henry A. Fischer. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 93.247 City ~lerk Compensation As Acting citv Manager ~ Clerk Transmittal dated 8 6_~ 4~ Minutes) Mayor Powell said he had asked that this be put on the agenda based on action at the last meeting. MOTION by Oberbeck/Corum I would again move to compensate the City Clerk by 20% of her salary for the duration of time she is the Acting City Manager. Following a brief discussion, motion was made. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - nay MOTION CARRIED 3-2 (Corum, Damp - nay) 12 · -. City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 ,TELEPHONE (407) 589-5330 [] ,. FAX (407) 589-5570 ' AGENDA FORM SUBJECT: Ordinance No. 0-94-02 Repealing the GDU Water Franchise APPROVED FOR SUBMITTAL BY: City Manager: ~ 0'~/ ) ) Dept. Origin C~ty Clerk .)' ) Date S~bmitted 2/10/94 ) ) For Agenda Of 2/23/94 ) ) 'Exhibits: * 0-94-02 EXPENDITURE. REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: .~3,1MA Ry $_TATEMENT General Development Utilities, Inc. (GDU) was granted an exclusive franchise for a public water system on May 11, 1981, for a period of thirty years, by adoption of Ordinance No. O-81-8. This franchise appears in Appendix A of the Code of Ordinances under Franchises, Article I. The City Council purchased the GDU water system in December 1993, in effect terminating the franchise granted to GDU. The City Attorney has prepared an ordinance, at the direction of the Interim City Manager, to repeal the GDU water franchise. This will enable Municipal Code Corporation to delete the franchise from the Code of Ordinances to keep our Code current. The reason I did not schedule this for the March workshop is because I feel it is unfair to stagger an ordinance over a current and possibly new City Council. Adoption of this Ordinance is perfunctory in nature and should bear little discussion. RECOMMENDED ACTION Move to approve the first reading of Ordinance No. 0-94-02 and schedule public hearing for March 9, 1994. ORDINANCE NO. 0-94-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-81-8; REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC. WATER FRANCHISE~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROViDiNG'FOR AN EFFECTIVE DATE. WHEREAS, the'City of Sebastian, pursuant to Ordinance No. 0- 81-8 adopted on May 11, 1981, granted General Development Utilities, Inc. an exclusive franchise for the construction, maintenance and operation of a public water system within a portion of city limits for a period of thirty years; and WHEREAS, in December, 1993, the city of Sebastian purchased the Water Distribution System operated by General Development Utilities, inc. in the City of Sebastian; and WHEREAS, General Development Utilities, Inc. agreed to thereafter refrain from operating a Water Distribution System in the city limits of the City of Sebastian; and WHEREAS, General Development Utilities, Inc. no longer operates a Water Distribution System in the City of Sebastian and has forfeited all further right and interest in the franchise to construct, operate and maintain a public water system in the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. REPEAL ~ TERMINATION OF THE GENERAL DEV~LOPMENT..UTILIT~, INC. PUBLIC.W_ATER SYSTEM FRANCHISE. The City hereby repeals, revokes and terminates Ordinance No. -81-8, thereby terminating the exclusive franchise previously granted to General Development Utilities, Inc. to construct, operate and maintain a public water system within certain portions of the City of Sebastian, Indian River County, Florida. SECTION...~. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it will be presumed that the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be. assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by council Member . Council Member vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland -- 2 The motion was seconded by and, upon being put to a The Mayor ~hereupon 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 (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this ~Ordinance at 7:00 p.m. on the day of , 1994, and that following said public hearihg this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney - 3 - City of Sebastian · 1225 MAIN STREET~ n .SEBASTIAN, FLORIDA 32958 TELEPHONE (407)' 589-5330 a FAX (407) 589-5570 SUBJECT: Ordinance No. 0-94-03 Repealing the GDU Wastewater Franchise APPROVED FOR SUBMITTAL BY: ci'f~ Manager: ~, ~/// ) Agenda No. ~.07~ ) ) Dept. Origin city Clerk ) ) Date'Submitted 2/10/94 ) ) For Agenda'Of 2/23Z94 ) ) Exhibits: * 0-94-03 'EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT, General Development Utilities, Inc. (GDU) was granted an exclusive franchise for a sewer franchise on May 11, 1981, for a period of thirty years, by adoption of Ordinance No. O-81-9. This franchise appears in Appendix A of the Code of Ordinances under Franchises, Article Vi. The city Council purchased the GDU wastewater facility in December 1993, in effect terminating the franchise granted to GDU. The City Attorney has prepared an ordinance, at the direction of the Interim City Manager, to repeal the GDU sewer franchise. This will enable Municipal Code Corporation to delete the franchise from the Code of Ordinances to keep our Code current. The reason I did not schedule this for the March workshop is because I feel it is unfair to stagger an ordinance over a current and possibly new City Council. Adoption of this Ordinance is perfunctory in nature and should bear little discussion. RECOMMENDED ACTION Move to approve the first reading of Ordinance No. 0-94-03 and schedule public hearing for March 9, 1994. ORD~NAlqCE NO. 0-94-03 AN ORDINANCE OF. THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-81-9~ REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC. SEWER FRANCHISE~ PROVIDING FOR RE~EALOF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Sebastian, pursuant to Ordinance No. 0- 81-9 adopted on May 11, 1981, granted General Development Utilities, Inc. an exclusive franchise for the construction,. maintenance and operation of a public sewer system within a portion of city limits for a period of thirty years; and WHEREAS, in December, 1993, the City of Sebastian purchased the Sewer Collection and Disposal System operated by General Development Utilities, Inc. in the city of Sebastian; and WHEREAS, General Development Utilities, Inc. agreed to thereafter refrain from operating a Sewer Collection and Disposal System in the city limits of the City of Sebastian; and WHEREAS, General Development Utilities, Inc. no longer operates a Sewer Collection and Disposal System in the City of Sebastian and has forfeited all further right and interest in the franchise to construct, operate and maintain a public sewer system in the city of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. REPEAL AND TERMINATION OF THE GENERAL DEVELOPMENT UTIL.IT.!~$. iNC. PUBLIC SEWER SYSTEM FRaNCHiSE. The city hereby repeals, revokes and terminates Ordinance No. 0-81-9, thereby terminating the exclusive franchise previously granted to General Development Utilities, Inc. to construct, operate and maintai~.a public sewer system within certain portions of the City of Sebastian., Indian River County, Florida. SECTION 2. CONFLICT. Ail ordinances or parts of ordinances in Conflict herewith are hereby repealed. ... SECTION 3. SEVERABILITY. -. in the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision, it shall further be assumed that the city Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION..,~. EFFECTIVE DAT~. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member Council Member vote,.the vote was as follows: Mayor Lonnie R. Powell vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland The motion was seconded by and, upon being put to a - 2 - The Mayor thereupon declared this Ordinance duly passed and adopted this __.day of ~"" ,~ . , 1994 · CITY-OF SEBASTIAN, FLORIDA ATTEST: ~.. L6~nie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as. required by State Statute, that one public hearing was held on this ,Ordinance at 7:00 p.m. on the day of , 1994, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney - 3 - City of Sebastian" 1225 MAIN STREET a 'SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: Ordinance No. 0-94-04 Repealing the Sebastian Lakes Utility Company Water and Sewer Franchise APPROVED FOR SUBMITTAL BY: city Manager: ~.'~/~'~/ ) Agenda No. ) ) Dept. Origin ) ) Date SUbmitted ) ) For Agenda Of ) ) Exhibits: * 0-94-04 city Clerk 2/10/94 2/23/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Sebastian Lake Utility Company was granted an exclusive franchise for a water and wastewater franchise on September 11, 1985, for a period of twenty years, by adoption of Ordinance No. O-85-16. This franchise appears in Appendix A of the Code of Ordinances under Franchises, Article VIII. The City Council obtained the Sebastian Lakes Utility Company water and wastewater distributiOn and collection system on February 9, 1994 in effect terminating the franchise granted to Sebastian Lakes Utility. The City Attorney has prepared an ordinance, at the direction of the Interim City Manager, to repeal the Sebastian Lakes Utility franchise. This will enable Municipal Code Corporation to delete the franchise from the Code of ordinances to keep our Code current. The reason I did not schedule this for the March workshop is because I feel it is unfair to stagger an ordinance over a current and possibly new City Council. Adoption of this Ordinance is perfunctory in nature and should bear little discussion. RECO~NDED ~ Move to approve the first reading of Ordinance No. 0-94-03 and schedule public hearing for March 9, 1994. ~ ORDINANCE NO. 0-94-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-85-16; REPEALING THE SEBASTIAN LAKEs UTILITY COMPANY WATER ~ND SEWER FRaNCHiSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Sebastian,'PursUant to Ordinance No. 0~ 85-16 adopted on September 11, 1985, granted Sebastian Lakes Utility Company an exclusive franchise for the construction, maintenance and operation of a public water system and a public sewer system within a portion of city limits for a period of twenty · years; and WHEREAS, on February 9, 1994, the City of Sebastian received a contribution from Sebastian Lakes Utility Company and Sebastian Lakes Associates of the Water and Wastewater Distribution and Collection System operated by Sebastian Lakes Utility Company in the City of Sebastian; and WHEREAS, Sebastian Lakes Utility Company agreed to thereafter refrain from operating a Water Distribution System, or a Sewer Collection and Disposal System in the city limits of the City of Sebastian; and WHEREAS, Sebastian Lakes Utility Company no longer operates a Water Distribution System or a Sewer Collection and Disposal System in the city of Sebastian and has forfeited all further right and interest in the franchise to construct, operate and maintain a public water system and a public sewer system in the City of Sebastian. NOW, THEREFORe, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION1. REPEAL ~ND T~.RMINATION OF THE S~BASTIAN LAKES UTILITY COMP~tNY PUBLI~. SEWER SYS~.EM FRANCHISe. The City hereby repeals, revokes and terminates Ordinance No. 0-85-16, thereby terminating the exclusive franchise previously granted to Sebastian Lakes Utility Company to construct, operate and maintain a public water system or a-public sewer system within certain portions of the City of Sebastian, Indian River County, Florida. SECTION ~. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION ~. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it will be presumed that the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without' said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 4. EFFECTIV~ DATE. This Ordinance shall take effect immediately upon final passage. - 2 - The foregoing Ordinance was moved for adoption by Council Member · Council Member vote, the vote was'as followS:... Mayor Lonnie R.'Powell Vice-Mayor Frank Oberbeck' Council Member Carolyn C°rum Council Member Norma J. Damp Council Member Robert Freeland The motion was'seconded by and, upon being put to a 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 (SEAL) 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 , 1994, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney - 3 - City of Sebastian gU~JECT~ Part Time Cart attendants Approved For Eubmitte! By! Agenda 2-1-94 For Agenda O! 2-23-94 ) Exhibitor ) Budget 1993/1994 ) Golf Course Cart Expense EXPENDITURE ~£QUi~ED~ AMOUNT REQUIRED! SUMHARY STATEMENT We currently have three (3) part time Cart Attendants in the budget. The workload per week is ninety (90) hours. Each Cart Attendant works thirty (30) hours per week. If one is sick, on vacation or Personal Day, it leaves a burden or overtime on the others. I am asking for one (1) additional part time Cart Attendant, or four (4) part time Cart Attendants (total). The cost or budgeting would not change and this would shorten the hours worked per part time Cartman. RECOMMENDED ACTION Move to acquire one additional Part Time Cart Man. I ~ .:il ~ ~ :.'i',4:.',":':~!:!:: ..:.! ~i' ?~,*, ~ I~t/:',!0!° :o:o.~.o,. :. ~: ;:..~1~] I I · ! .... City of SebaStian. 1225 MAiN STREET [3 SEBASTIAN, FLORIDA 32958. I TELEPHONE 589-5330 [] FAX 589-5570 (407) (407) SUBJECT: SET PUBLIC HEARING FOR SPECIAL USE PERMIT FOR VICKER'S GROVE SAND MINING EXPANSION Approval for Submittal By: City Manager ) Agenda Number: ~' ~73 ) ) Dept. Origin: Community DeveloDment ) ) Date Submitted: 02/16/94 ) ) For Agenda Of: 02/23/94 ) ) Exhibits: ) None ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Fischer & Sons, Inc. is requesting to expand their existing sand mining operation and to modify their preliminary' plat known as Vicker's Grove Subdivision. Since this request is to expand their existing approved sand mine, this application will be reviewed as a new special use permit. Therefore, based on the City Attorney's opinion regarding special use permit procedures, staff will not submit any materials to the City Council until the public hearing. Since the City Council has requested that this type of meeting be held separate from their regular meetings, staff is not recommending a specific date. RECOMMENDED ACTION Set a date for the public hearing for special use permit for Vickers Grove sand mine expansion. City of Sebastian 1225 MAIN S'I:REET n ,SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST OF TIME EXTENSION ) Agenda Number:. FOR SAN SEBASTIA~ SPRINGS WEST' PRELIMINARY PLAT Approval For Submittal By: ~ty Manager ) Dept. Origin: Communi.tY Develop~..e. nt ) ) Date Submitted: ' . .... ) ) For Agenda Of: ) ) Exhibits: ) 1. ) ) ) ) (B~ 02/~,6/94 . 02~23/94 Letter dated 1/13/94 from Henry A. Fischer EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The original Preliminary Subdivision Plat for San Sebastian Springs West was approved on October 28, 1987. Subsequent to the original approval, the City Council has approved previous time extensions on January 3, 1990, February 13, 1991 and August 12, 1992. The latest extension was granted until February 11, 1994. Mr. Henry A. Fischer is now requesting a time extension of three years to complete the project. Staff would point out that Section 20A-16.4(E) of the Land Development Code provides for only a 18 month time extension for Preliminary Subdivision Plat. RECQMMEND~D ACTION Move to approve the request from Henry A. Fischer to grant a 18 month time extension for San Sebastian Springs West. Mr. Bruce Cooper Community Development Director City of Sebastian P.O.Box 780127 Sebastian, FL 3297&0127 REi San Sebastian Springs West Dear Mr. Cooper: P. O. Box 780068 Sebastian, Florida 32978 Telephone (407) 589-5337 EIVEI January 13, 1994 Enclosed, please find a check in the appropriate amount to cover the San Sebastian Springs West (80 acre subdivision) preliminary plat time frame extension request. As you are aware, we are cun'ently under site plan development. Due to the carrent economy, we are requesting an extension for the term of 3 years. Sau Sebastian Springs along the east banks of the Sebastian River took over l0 years to reach it's current stage of development. San Sebastian Springs West will be similar in nature and as big an asset to the community as the original San Sebastian Springs. HAF/dk rlenry A. Fischer cc: file