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HomeMy WebLinkAbout04281993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA SEBASTIAN CITY COLrNCII REGULAR MEETING WE.DNF_~DAY, APRIL 28, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON FIT, MS BELOW MAY BE INSPECTED IN THE OFFICE OF THE Crl~ CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Donald Swope, Sebastian Presbyterian Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS I~ID/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. ~ROCLAMATIONS AND/OR ANNO_UNCEMENTS 7. _pUBLiC EEARING, ~INAL ~ - None 8. ~ I~rPUT ON ~ ITEMS 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. i - 16 Approval of Minutes - 4/14/93 Regular Meeting 93.069 17 - 24 ORDINANCE ~ 0T93.-.09 - Utility Trailers (Staff Recommendation dated 4/22/93, 0-93-09) 1st Reading, Set Public Hearing for $/26/93 93.146/ 92.216 25 - 30 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 20A-5.16.C OF THE LAND DEVELOPMENT CODE PERTAINING TO PARKING OR STORING COMMERCIAL UTILITY TRAILERS AND CARGO TRAILERS AND COMMERCIAL BOATS IN RESIDENTIAL DISTRICTS; AMENDING SECTION 20A- 6.1.C.14.b. OF THE LAND DEVELOPMENT CODE PERTAINING TO HOME OCCUPATIONS; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE iN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. E. ORD~NANC~ NO. Oe93-10 - Eight Foot Fences Adjacent to Wentworth Ditch (Staff Recommendation dated 4/22/93, 0-93-10) 1st Reading, Set Public Hearing for 5/26/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-5.9 OF THE SEBASTIAN LAND DEVELOPMENT CODE, PERTAINING TO WALLS AND FENCES; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEV~RABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 93. 144 31 - 36 R~ NO. 0-93-11 - Accessory Structures (Staff Recommendation dated 4/22/93, 0-93-11) 1st Readinq, Set Publio Hearing for 5/26/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 20A-5.5.D OF THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 93.116 37 - 40 93. 147 41 - 48 93.148 49 - 54 93.149 55 - 56 93.1~0 57 - gO 10. 11. ~ NO.=-93~ - Agenda Deadline (City Clerk Recommendation dated 4/22/93, R-93-20) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-59, PROVIDING FOR PREPARATION OF CITY COUNCIL AGENDAS BY THE CITY MANAGER; ESTABLISHING AN AGENDA DEADLINE FOR CITY COUNCIL MEETINGS; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NQ. ~ - Vacation of Easement - Lots 13 & 14, Block 82, Unit 2, Sebastian Highlands (R-93-16, City Engineer Memo dated 4/9/93, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE PUBLIC UTILITY EASEMENTS OF THE SOUTH FIVE FEET OF LOT 14 , AND THE NORTH FIVE FEET OF LOT 13, BLOCK 82, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/34, 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. Approve FY 93/94 Budget Calendar (Staff Recommendation dated 4/16/93, Calendar, Time Table) Sebastian Area Civic Association Scholarship Awards Presentation - Request Fee Waiver for Use of Yacht Club - 5/7/93 (City Clerk Recommendation dated 4/14/93, Phelan Letter dated 4/14/93) Warren/Weaver Wedding Reception - Request Use of A/B at Community Center - 10/16/93 - Security Paid - Permittee DOB 5/12/57 (city Clerk Recommendation dated 4/15/93, Application) PRESEN~.~TIONS ~YOR ~ND CITY ~ ~ A. Mrs. Norma Damp B. Mr. Robert Freeland C. Mayor Lonnie R. Powell 12. 93.139 13. 93.151 69 - 7O 93.152 71 - 74 14. 93.153 75._ - 136 D. Vice-Mayor Frank Oberbeck E. Mrs. Carolyn Corum CITY ATTO~Y~____~TERS R S~ N_g_= R-93-1.1 - Third Amendment to City Attorney Contract (R-93-11, City Clerk Memo dated 4/20/93, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CiTY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSES OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE AGREEMENT BETWEEN THE CiTY AND CH2%RLES IAN NASH; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. CITY m%NA~m~ MAWT~aS Report on Washington Street Curb Replacement (City Manager Recommendation dated 4/22/93) Report on Water and Sewer Policies (City Manager Recommendation dated 4/22/93) COHMITTE~ B~ORTS/RECOMMENDATIONS PLANNING ~/~D ZONING Recommendations pertaininq t__oAD~ointment o_~f Board Members fStaff Recommendation dated 4_~ ~ f ~ ~etter dated ~ 12 ADolication~) Appoint John W. Falke to Fill the Unexpired Term Regular Member Position Vacated by Norma Damp - Term to Expire 6/94 (2) Appoint Howard Goldstein (2nd Alternate) to Fill the Regular Member Position Vacated by Robert Fullerton - Three Year Term to Expire 4/96 (3) Appoint Carl Fischer (lst Alternate) to Fill the Regular Member Position Vacated by Stanley Krulikowski - Three Year Term to Expire 5/96 4 15. 16. 93.086 137 - 150 93.116 151 - 158 93.154 159 -- 176 (4) Appoint Walter Barnes to Fill the Unexpired Term of 1st Alternate Vacated by Carl Fischer - Term to Expire 11/95 Appoint Jean Brantmeyer to Fill the Unexpired Term of 2nd Alternate Vacated by Howard Goldstein - Term to Expire 1/96 OLD ~ NEW BUSI~SS RESOLUTION NO~ R-93-14 - Side Lot Culvert (City Engineer Recommendation dated 4/21/93, City Attorney Letter dated 4/20/93, R-93T14, Agreement, Application Form) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A SIDE LOT CULVERT POLICY; ESTABLISHING COSTS; ESTABLISHING AN APPLICATION FOR SIDE LOT CULVERT; ESTABLISHING AN APPLICATION FEE; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER SIDE LOT CULVERT AGREEMENTS; REPEALING RESOLUTION NO. R-88-37; PROVIDING FOR REPEAL OF RESOLUTIONS OR P~RTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITy; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO~ R-93-19 - Public Input (City Clerk Recommendation dated 4/22/93, R-93-19) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-30, PERTAINING TO PUBLIC INPUT AT CITY COUNCIL MEETINGS; PROVIDING FOR DEFINITIONS; PROMULGATING GENERAL RULES OF PROCEDURE FOR PUBLIC INPUT AND INTRODUCTION OF NEW BUSINESS BY THE PUBLIC AT CITY COUNCIL MEETINGS; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-21 - Sixt~ Dat Extension - Vacation of a Portion of North Central Avenue - Sebastian Inlet Marina (Staff Recommendation dated 4/22/93, R-93-21, Collins Letter dated 4/19/93, Smith Letter dated 4/21/93, Kalish and Smith Letters dated 4/20/93, 0--92--13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A TIME EXTENSION OF 60 DAYS IN REGARDS TO THE CONDITIONS SET FORTH IN SECTION 3 OF ORDINANCE NO. 0- 92-13; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 93.155 177 - 181 RESOLUTION NO. ~ - Assistant Golf Professional Job Description (Staff Recommendation dated 4/21/93, R-93-22) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF ASSISTANT GOLF PROFESSIONAL; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CiTY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 17. INTRODUCTION OF~USINESS BY T~ ~ (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 18. 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) City of Sebastian POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: FIRST READING OF ORDINANCE 0-93-09 PERTAINING ITO COMMERCIAL UTILITY TRAILERS AND BOATS Approval for Submittal By: ICity Manager ) Dept. origin: Communit~ Development ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. Ordinance 0-93-09 ) ) 4/22/93 (BC~ 4/28/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: S.~RY STATEMENT At its regular workshop meeting of March 3, 1993, the City Council authorized ithe City .Attorney to draft an ordinance to allow storage of one (1) commercial utility trailer or commercial boat in lieu of one (1) R.V.. This ordinance w~uld allow this type of vehicle to be stored on a residential lot Iprovided, it does not exceed 14 feet in length or 8 foot in .height and in addition to the same requirements as a R.V., the commercial trailer or boat must be substantially screened by vegetation or a six foot stockade fence. RECOMME.NDED ACTION IMove to approve first reading of Ordinance 0-93-09 and set public hearing for May 26,1993. O~DINANCE NO. 0-93-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDH, AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 20A-$.16.C OF THE LAND DEVELOPMENT CODE PERTHINING TO PARKING OR STORING COMMERCIHL UTILITY TRAILERS AND CARGO TRAILERS AND COMMERCIHL BOATS IN RESIDENTIAL DISTRICTS; AMENDING SECTION a0A-6.1. C. 14 .b OF THE LAND DEVELOPMENT CODE PERTAINING TO HOME OCCUPATIONS; PROVIDING FOR THE REPEAL OF ORDIN/~NCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINH-NCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBHSTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff and the Planning and Zoning commission have recommended that revisions be made to the Land Development Code of the city of Sebastian in order to provide for the parking of a commercial utility trailer and a commercial boat at a residence under certain circumstances; and WHEREAS, the City Council of the City of Sebastian, Indian River County, has determined that it is in the best interests of the City and its residents to revise existing provisions of the Land Development Code of the City of Sebastian, in accordance with the re6ommendations of the Planning and Zoning Commission and the city staff. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID&, as follows: Section ~. That the existing Section 20A-5.16.C of the Land Development Code of the City of Sebastian, Florida, is hereby amended by deleting Paragraph 2 (§20A-~.16.C.2) in its entirety, and adding the following new provisions in lieu thereof to read as follows: Except as provided in Paragraph 13 (§20A- 5.16.C.13), the recreational vehicle is not used for residential, office or commercial purposes." Section 2. That the existing Section 20A-5.16.C of the Land Development Code of the City of Sebastian, Florida, is hereby amended by adding a new paragraph thereto, to be designated as Paragraph 13, to read as follows: "13. Commercial trailers and boats. Notwithstanding any prohibition inferred in any previous paragraphs contained in this subsection C of Section 20A-5.16, commercial trailers and commercial boats may be kept on real property located in a residentially zoned district if the following provisions are complied with: (a) One (1), but not more than one (1), commercial utility trailer or cargo trailer, that does not exceed fourteen feet (14') in length and eight feet (8') in height, may be parked on any improved lot located in any residential district if it is parked in accordance with the other provisions of Subsection 20A-5.16.C and it is substantially screened by either vegetation or a six (6) foot .stockade type fence from the view of the adjacent property owners or lessees and from the view from the public right-of-way. (b) One (1), but not more than one (1), boat used for commercial purposes, not exceeding thirty- six feet (36') in length, may be parked or stored on any improved lot located in any residential district if there is no unloading or loading of any material, fish or shellfish when located in the residential district and the boat is substantially screened by either vegetation or a six (6) foot stockade type fence from the view of the adjacent property owners or lessees and from the view from the public right-of-way. For purposes of the restrictions set forth in Paragraphs 9 through 12 of this subsection C of Section 20A-5.16, a commercial trailer or a commercial boat shall be counted as one (1) recreational vehicle." Section 3. That the existing Section 20A-6.1.C.14.b of the Land Development Code of the City of Sebastian, Florida, is hereby amended by deleting the existing Clause (1) (§20A-6.1.C.14.b(1)) in its entirety, and adding the following new provisions in lieu thereof to read as follows: "(1) Ail activities pertaining to the home occupation that are to be performed at the dwelling (the "Premises") shall be carried on entirely within the dwelling located on the Premises and only by members of the family permanently residing therein. No person, other than the members of the family permanently residing in the dwelling on the Premises, shall engage in any activities in furtherance of the home occupation at the Premises. No persons shall be employed by the owner of the business seeking approval of the home occupation except individuals who are members of the family permanently residing in the dwelling located on the Premises where the home occupation is to be situate. No more than one (1) commercial vehicle shall be kept or parked at the Premises in connection with such home occupation, and any such vehicle shall not have a carrying weight in excess of three-quarters (3/4) of a ton nor exceed twenty (20) feet in length. The parking or storage of commercial trailers and the storage of commercial boats shall be done in compliance with the provisions of Section 20A-5.16.C.13 of the Land Development Code. Materials or equipment associated with the home occupation may be stored within an enclosed compartment of the commercial vehicle or trailer." - 4 - Section 4. CONFLICT. Ail Ordinances or Ordinances in conflict herewith are hereby repealed. parts of Section 5. CODIFICATION. It is the intention of the City Council of the city of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 6. 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 shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed~'that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section. 7.. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. - 5 - The foregoing Ordinance was moved for adoption by Council member . The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council member Carolyn Corum Council member Norma J. Damp Council member Robert Freeland The Mayor thereupon declared this Ordinance duly passed and adopted this day of ... , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by st%re Statute, that one public hearing was held on this Ordinamce at 7:00 p.m. on the day of , 1993, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney -- 6 -- City of Sebastian POST OFFICE ROX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r', FAX (407) 589-5570 SUBJECT: FIRST READING OF ORDINANCE O-93-10 PERTAINING TO WALLS AND FENCES Approval for Submittal By: City Manager ~ ~ / ) ' ) Dept. origin: Community Development ) ) Date Submitted: 4/22/93 ) ) For Agenda Of: 4Z28/93 ) ) Exhibits: ) 1. Ordinance O-93-10 ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: 'APPROPRIATION REQUIRED: SUMMARY STATEMENT At its r~gular workshop meeting of November 4, 1992, the City Council authorized the City Attorney to draft an ordinance to allow 8 foot fences along County Road 512 due to the expansion of this roadway. RE~OMMSND~D ACTION Move to approve first reading of Ordinance O-93-10 and set public hearing for May 26, 1993. 0:RDI~L,I~C~ NO, 0-~3-10 CODZFZ~TZO~; ;ROVZDZNG FO~ 8~ZLZTY; ~D PROVZD~NG FO~ ~ EFF~CT~ ~~, Section 20A-~.9 of ~he Sebastian Land Development Code has been promulgated for the p~ose of creating ~idelines for ~e cons=ruc~ion and main=enance of fences and walls wi~in City of Sebastian; and ~E~, Section 20A-5.9.C ras=ric=s =he heigh~ of ~enc~s and walls, within residen=ial ar~as, =o six (~) fee~; and ~~, ~he planed e~ansion of Coun=y Road 512 has caused Indian RAver County to abandon a one hundred (100) foot railway =igh=-of-way whi~ ac~ed as a buffer between certain residen=ial lo~s and County Road ~12; and ~~, =~e e~ansion of Co~=y Road 512 will re~ire cer=ain vege=a=ion and Crees, w~ic~ ac= as a buffer between =he roadway and adjac~n= residen=ial lo=s, =o be removed; and ~, i= i~ =he desire of ~h~ Ci=y =o allow owners of adjacen= lo=s =o cons~c= fences, =o a maximum heigh= of eigh= (S) fee=, in order ~o creat~ a new visual and sound buffer from Road 512; NOW, ~~0~, BE IT .O~NED BY T~ CITY CO~CiL OF cITY OF SE~ST~, I~I~ ~IV~ COU~Y, ~ORID~ AS FOLLOWS: Section 1. Sec=ion 20A-5.9. C of the Sebastian Land Developmen~ Code shall be amended as follows: Residential area limitations and restrictions General Rule. Fences andwalls, not exceeding six (6) fee= in heigh=, may be placed along =he boundary of a lot on that portion of the lot lying behind the front setback line and behind the fronU of the main structure. Fences and walls placed in front of =he main structure shall not exceed four (4) feen in height. General Hule (exception). No=withstanding the provigions of 20A-5.9.C.1 of ~he Sebastian Land Development Code, fences and walls, no= exceeding eight (8) feet in height, may be placed along the boundary of a lo= on that portion of the 1ct lying behind =he front setback line and behind =he front of the main structure on any of =he following residential lots adjacent to Fellsmere Road, also known as County Road $12, in the City of Sebastian: Lots i through $, Block 41, Sebastian Highlands Unit 1 Lots 2 through 19, Block 59, Sebastian Highlands Unit 2 Lo= 16, Bloc~ 68, Sebastian Highlands Unit 2 LoC 2, Bloc~ 72, Sebastian Highlands Uni~ 2 Lo~s 9 t/%rough 18, Block 72, Sebastian Highlands Unit 2 Lo~s 1 and 2, Bloc~ 42, Sebastian Highlands Unit 2 Lots 4 ~hrough 40, Block 42, Sebastian Highlands Unit 2 Lots 7 and S, Block 57, Sebastian Highlands Unit 2 Lots 1 through 21, Bloc~ 149, Sebastian Highlands Unit 3 ~o= 1, Bloc~ 169, Sebastian Highlands Uni~ 5 Lots 18 through 49, ~lock 169, Sebastian Highlands unit 5 Lots 122 through 124, San Sebastian Springs Lots 147 th_Tough 154, San Sebastian springs Lots 1 through 6, Roseland Acres Corner Lots. No=withstanding the provisions of 20A-5.9.C.1 or 20A-5.9.C.2, fences and walls four (4) to six (6) feet in height may be located to =he front of the fronU setback line along the boundary of the secondary front yard of an improved corner lot. Only those - 2 - fences and walls placed along the boundary of the primary front yard o£ an improved corner lot must be located behind the front setback line. (a) Secondary front yard. For purposes of this paragraph, ~he term "secondary front yard" shall mean the yard of an improved the side of t_he main structure facing ~he street wher~ the primary entrance to the main structure is not located. (b) Prima~ frQn~ Xmxd. For purposes of this paragraph, =he =eLm "primary front yard" shall mean the yard of an improved corner lot located between the street and the side of the main structure facing the ~treet where the primary entrance to the main structure is located. Visibility ~ri&ngles. Visi~ility triangles, within which no=Aing sAall be erected, placed, parked, planted or allowed =o grow in such a manner as to impede vision between a height of two (2) feet and eight (8) feeU above the centerlines of intersecting trafficwmys, shall be provided as follows: (a) (b) drivewa~ imterseo~ions. A visibility triangle s~all be required at all trafficked intersections. No wall, fence, hedge, or structure within the visibility~riangle shall exceed a height of two (2) fee= above the elevation of the abutting street measured at the centerline. Dime~siona of visi~ili~ ~rian~le. The sides of ~he visibility triangle shall be thirty (30) feet a= street-to-street in=ersectione and fifteen (15) feet a= all ot~her ln:ersec=ions. These distances shall be measured along =he well-defined edge of payment from ~eir pein= o~ intersection. ~ere no well-defined edge of pavemen~ exists, a probable edge of pavement shall ~e established from ~e existinq centerline of ~e ~ravelways, u~ing twelve-foot travel lane(s) for dedicated streets, eigh~-~oot half width for all dedicated alleys and utility - 3 - easements, and five-foot half width for single driveways." Visibility triangles are further defined by ~he following diagram. \~\/, An~ide~tl&l Trellis struGtures. Trellis structures tha~ do not form a barrier may be erected at any location on a lot except within visibility triangles. Such trellis structures need not satisfy the height limitation and re~trictions for residential fences and walls provided in this subsection (C)." ~ CONFLICTS. Ail Ordinances or ordinances in conflict herewith are hereby repealed. parts of ~ CODIFICATION. it is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided ~hat the provisions of this ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; tha~ the sections of thie Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVE~ASILITY. in the event a court of competent jurisdiction shall hold or determine ChaC any'part of this Ordinance is invalid or unconstitutional, the remainder of the ordinance shall not be affected and it shall be presumed that tl/e City Council of the City of Sebastian did not intend to enact such invalid or uncons=iCutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. - 4 - The foregoing ordinance was moved for adoption by Council member . The motion was seconded by Council member and, upon being put ~o a vote, ~he vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank oberbeck Councilmember Carolyn Corum Coun¢ilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared ~/lis Ordinance duly passed and adopted t/%is day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: L°nnie R. PoWell, Mayor City Clerk X HEREBY C~RTIFY that notice of public hearing on =his Ordinance was published in the Veto Beach Press Journal am required ky S~ate Statute, that one public hearing was held on this OrdiWance at 7:00 p.m. on the day of . , 1993, and t_hat following said public he~ng this 6'~inance was passed by the City Council. .Kat~ryn M. O'Halloran, CMd/AAK City Clerk Approved as to Form and Content: Charles Ian Nash, dity Attorney - § - City of Sebastian POST OI=FICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: FIRST READING OF ORDINANCE 0-93-11 PERTAINING TO ACCESSORY STRUCTURES Approval for Submittal By: City Manager ~ ~ Agenda Number: Dept. Origin: ~ommun£tg. Development Date Submitted: 4/~/93 For Agenda Of: 4/28/93 Exhibits: 1. Ordinance O-93-11 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: STATEMENT At its reeler meeting of April 14, 1993, the City Council authorized the City Attorney to amend Section 49 of Ordinance O-93-01 to allow an exception pertaining to screen rooms within the rear yard setback of a residential lot. RECOMMEN~E.D..ACTION Move to approve first reading of ordinance 0-93-11 and set public hearing for May 26, 1993. ORDINANCE NO. 0-93-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 20A-$.$.D OF THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES iN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVEPd%BILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff and the Planning and Zoning Commission have recommended that revisions be made to the Land Development code of the City of Sebastian in order to modify the existing provisions pertaining to where screened enclosures may be located in relation to the rear property line in residential zoning districts; and WHEREAS, the City Council of the city of Sebastian, Indian River County, has determined that it is in the best interests of the City and its residents to revise existing provisions of the Land Development Code of the City of Sebastian, in accordance with the recommendations of the Planning and Zoning Commission and the City staff. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the existing Section 20A-5.5 of the Land Development Code of the City of Sebastian, Florida, is hereby amended by deleting Subsection D (§20A-5.5.D) in its entirety and adding the following new provisions in lieu thereof to read as follows: "D. Rear yards. Detached structures, such as utility sheds and other structures accessory to single- family homes within a single-family zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance of ten (10) feet from the rear property line and not be located within a dedicated easement. With the exception of structures that consist solely of screening and beams and supports for the screening material, no such structure shall exceed 400 square feet in lot coverage and shall not exceed twelve (12) feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pool areas-, shall not exceed twenty five (25) feet in height." ~n 2. CONFLICT. Ail Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section...3. CODIFICATION. It is the intention ofthe City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word - 2 - "Ordinance" may be changed to "Section," "Article" or other appropriate designations. 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 shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The member Council member vote, the vote was as follows: foregoing Ordinance was moved for adoption by Council The motion was seconded by and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council member Carolyn Corum Council member Norma J. Damp Council member Robert Freeland - 3 - The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1993, and that following said public being this Ordinance was passed by the City Council. Kathryn H. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 4 - City of Sebastian POST OFFICE BOX 780127 Q SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA FORM SUBJECT: ) Resolution No. R-93-20 Preparation of Agenda & Deadline APPROVED FOR SUBMIts__ city Manager: Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: R-93-20 ?3. 4/22/93 4/2s/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: STATEMENT The City Council, at its April 7, 1993 workshop, recommended certain amendments to resolutions governing public input and introduction of new ~usiness from the public procedures. Resolution No.~Er2LP_~contains provisions for addition.of agenda items by unanimous vote of the City Council. Proposed Resolution No. R-93-19 duplicates that provision in Section 2. (G), therefore, we have drafted Resolution No. R-93-20, amending Resolution No. R-89-59L for adoption to eliminate duplication. RECOMMENDED ~CTION Adopt Resolution No. R-93-20. RESOLUTION NO. R-93-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-59, PROVIDING FOR PREPARATION OF CITY COUNCIL AGENDAS BY THE CITY MANAGER; ESTABLISHING AN AGENDA DEADLINE FOR CITY COUNCIL MEETINGS~ REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1~ PREPARATION OF AGENDA. The city Manager is directed to prepare agendas for all City Council meetings. SECTION 2. SUBMITTAL DEADLINE. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite preparation of agenda packets. ~ 3..u CONFLICT. Ail other 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 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 Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5_~_. EFFECTIVE DATE. effect immediately upon adoption. This Resolution shall take The foregoing Resolution Councilmember Councilmember the vote was as follows: 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 Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of . L , 1993. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Lonnie Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City ~lerk Approved as to Form and Content: Charles ian Nash, City Attorney RESOLUTION NO. R-93-~6 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE PUBLIC UTILITY EASEMENTS OF THE SOUTH FIVE FEET OF LOT 14 , AND THE NORTH FIVE FEET OF LOT 13, BLOCK 82, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/34, 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. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The south five feet of Lot 14, and the north five feet of Lot 13 drainage and utility easement, Block 82, Sebastian Highlands Unit 2, according to the plat thereof, recorded in PBI 5-34, Public Records of Indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be immediately upon in full force and effect its passage. The foregoing Resolution was by the City Council of Sebastian, , 19 duly passed Florida, this and adopted day of CITY OF SEBASTIAN, FLORIDA by: Lonnie R. Powell, Mayor ATTEST: I HEREBY CERTIFY that on/this day, befbre me, an officer duly aut~_.or_i~_e_d~ in indian / River County, Florida, to take ~cknowledgements~ personally/appeared ~ ~ aha- ........................ to me /known~ as. ~e persons' described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, Florida, the day of , 19 . Lind~ M. Lohsl NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Charles I. Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 c3 FAX (407) 589-5570 MEMORANDUM DATE: April 9, 1993 TO: Kathryn M. O'Halloran City Clerk ~ FROM: Daniel C. Eckis, P. City Engineer/Public Works Director RE: Abandonment of Easement - South (5) feet of Lot 14 and the North (5) feet of Lot 13, Block 82, Unit 2, Sebastian Highlands I have reviewed the request for abandonment of easements and do not have any objections to the abandonment, if it is for the construction or placement of a single structure to be built on both lots. Should you require any further information, please feel free to contact our office. DE:lk CITY OF* SEBASTIAR APPLICATION FOI~ V'ACATI'0N OF EASEMENT(S) ~ ~ sAal~ n~o b~e ~ unles~ ~ed ~n ~u11~ *Individual, corp0ra~i~n, e{C. - f co~oration apply corporate... seal below LEGAL DESCRIPTION OF R~ PROPER~ ON WHI~ EAS~ENT EXISTS= ( ~ach deflc~p~on off a~ac~en~ ~ necesse~) DESCRIPTIVE ~O~TION OF ~S~K~ TO aE ABA~ONED: (This i~em to be fil~ed in ~ Building Off~ial) (Explain in detail ~u~ need ~o release this easement) ~ HEREBY CERTI~ that ~, the Applicant, o~'~he real property which the easemen~ I re~es~ to vacate ex&~s, o= I ~ author&zed to present this re,est to vacate by ~he o~er of ~he real ( ) 1. Map, plat, su~ey, or clear dra~ing a~ lees~ 8 i/2' show~ng ~he parcel of lend o~ w~ch ~e easement with parcel(s) of land adjacent ~o the oesemen~ to be vacated. SHOW ~E ~~ ~RLY ON D~W~N~, '"' ( ) 2. Complete legal description of ~he. parce~ of land o~ which.. (N/A) tho easement exists i~ ~he full description aenno~ placed on the l~nes provided above for the description. ( ) 3. Written authorizat~on of the o~er of ~he parcel of land ( ) 4. ( N/A ) ( ) $. ( ) 6. file: 8ban.apO~ iF IT IS NECESSARy TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. Attach a check or money order payable to "The City of Sebastian" upon submittal of this applicstlon to.the Office of the Cit~ Clerk. This application fee is not refundable. The fee is $2~.00. ~.C~_ ~-7-'~ .... OTHER: Office of the City Clerk 20' Lot 14, Block ~2, S~BA$~YAN HICHLAND$, UNIT Z, sccording co the plat thereof as recorded in ?lac Boo~ 5 on Page 34 of the Public Records o£ Indimn Rive~ County, Florida. ® Denotes ~ound I/Z" icon Rod. · Denotes ~oun~ l/2' iron Rod, O.O8' Emac. 0 Denotes found 1/2' Iron Rod (1761). Bemctngs based on record pier, ~o underground improvements shorn. Propet~y lies vi:bin FLOOD ZONE "X', according to FIRM HAP of indian River COunt~, Florida Incorporated Aceae, Map Number 120610076 g. ZONE "X" I$ NOT A FLOOD HAZARD AREA. BOUMDAR¥ AND IHPROVF~MENTS ::o. 90-0230 Book No. OC49-~.21 ALSO CERTIFIED TO: Professional Title Of Indian Rlvec, Inc. O- D/~TA SHEI~T FO- ~10~]4 $ Ely ~,L.. Dote ~ '~ -"'~ City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 SUB,3ECT: 1993 - 94 Budget Calendar Approved For Submittal By: City Hanager ~ ~ Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: Finance (LWN) ~ 04/16/93 ' 04/28/93 1993 94 Budget Calendar EXPENDITURE AMOUNT REQUIRED: BUOGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Attached is the proposed calendar of events for the 1993-94 City Budget. note ~hat the City Council review will take place on Saturday, August 7, RECOMMENDED ACTION Move to approve the 1993 - 94 Budget Calendar. Please 1993. 1993-94 BUDGET CALENDAR April 28 Regular City Council Meeting Adopt Budget Calendar May 7 Friday May 21 Friday July I Thursday No later than July 30 Friday August 4 Wednesday August 7 Saturday August 14 Saturday Budget forms to Department Heads Department Heads present budget requests to City Manager and Finance Director County Property Appraiser certifies taxable value within jurisdictionof the City Finance Director advises Property Appraiser of a) proposed millage.rate, b) current year rolled back rate, and c) day, time and place of first public hearing City Manager presents proposed 1993-94 Budget to Mayor and City Council City Council Workshop of Proposed Budget City Council Workshop of Proposed Budget September 7 Tuesday September 18 Saturday First Public Hearing - BUdget. Council adopts the Tentative Budget and Millage Rate Advertise Budget Summary, Millage Rate and Notice of Final Public Hearing in newspaper September 22 Wednesday Final Public Hearing - Budget. Adopt Millage Rate Resolution and Budget Resolution September 24 Friday October 1 Friday Finance Director forwards copy of Resolutions adopting Budget and Millage Rate to Property Appraiser and Tax Collector New Budget goes into effect STATUTORY TIMETABLE The time periods specified below are considered directory and may be shortened provided: The Property Appraiser coordinates the shortening of time periods and gives written notice to all affected taxing authorities; however, no taxing authority shall be denied its right to the full time periods aliowed. OAYS 1) Property Appraiser certifies on Form 0R-420, to each taxing authority, the taxable value within the jurisdiction of the taxing authority. (The time periods specified herein shall be determined by using the date of certification of value or 3uly 1, whichever date is later, as day 1). 35) 2. Within 35 days of certification of value, each taxing authority shall advise the Property Appraiser of: (a) Proposed millage rate. (b) Current year rolled-back rate (computed pursuant to Section 200.065, F.S.). (c) The date, time, and place of the Tentative Budget Hearing. Not later than 55 days after certification of value the Property Appraiser shall mail out the Notice of Proposed Property Taxes (TRIM Notice) pursuant to. Section 200.069, F.S. (a) If a review notice has been issued pursuant to section 193.1142, F.S., the TRIM Notice may not be sent until the assessment roll has been approved by the Department. (b) If a taxing authority fails to provide the information required in 2. above in a timely manner (within 35 days) the taxing authority shall be prohibited From levying a millage rate greater than the rolled-back rate for the upcoming year. In this instance, the rolled-back rate shall be computed by the Property Appraiser. (s, 200.069(2)(b), F.S.) DAYS BO) Within 80 days of certification of value but not earlier than 65 days after certification, the taxing authority shall hold a public hearing on the tentative budget and proposed millage rate. This hearing is publicized via the TRIM Notice mailed out by the Property Appraiser as in 3. above. (a) At this hearing, the taxing authority will amend and adopt the tentative budget, re-compute its proposed millage rate, and publicly announce the percent, if any, by which the re-computed proposed millage exceeds the rolled-back rate. (b) (c) Adopt a tentative millage and budget. If the millage rate tentatively adopted exceeds the proposed rate (as presented in the TRIM Notice), each taxpayer within the jurisdiction shall be notified of the increase by first class mail, at the expense of the taxing authority. Within 15 days following the tentative budget hearing, the taxing authority shall advertise its intent to adopt a final millage and budget. (a) If a millage rate greater than the rolled- back rate has been tentatively adopted, the advertisement shall be 1/4 page, and headed NOTICE OF TAX INCREASE, The advertisement shall also state the percentage increase of the tentative millage rate over the rolled-back rate. (section 200.069(3)(a), F,s.) (b) If the tentative millage rate is equal to or less than the rolled-back rate, the advertisement shall be headed NOTICE OF BUDGET HEARING, and need not be 1/4 page. (section 200.065(3)(b), F.S.) (c) In addition to the advertisement publicizing the final hearing, an adjacent notice meeting the budget summary requirements of Section 129.03(3)(b) shall also be published. (section 200.065(3)(1), F.S.) (d) If the proposed operating budget expenditures ?or the upcoming year are greater than those for the current year, the following statement shall appear in the Budget Summary advertisement in bold faced type immediately following the heading (section 200.065(3)(1), F.S.): THE PROPOSED OPERATING 8UOGET EXPENDITURES OF (name of taxing authority) ARE {percent rounded to one decimalp-'~l~ MORE THAN LAST YEAR'S TOTAL OPERATING EXPENOITURES. DAYS ~7) tOO A public hearing to adopt a final millage rate and budget shall be held not less than 2 days or more than ) days after the day that the advertisement is first published. {section 200.06)(2), (a) The first substantive issue discussed shall be the percentage increase in millage over the rolled-back rate. (b) The adoption of the millage and budget shall be by separate votes with the millage adopted first. (c) In no event shall the millage' rate adopted exceed the millage rate tentatively adopted. Within 3 Days of Final Hearing The resolution or ordinance adopting the final millage rate shall be forwarded to the Property Appraiser~, the Tax Collector, and the Department of Revenue. (a) No millage other than approved by referendum may be levied until the resolution or ordinance to levy is approved by the governing board of the taxing authority and submitted to the Property Appraiser, Tax Collector, and the Department of Revenue. The receipt of the resolution or ordinance by the Property Appraiser shall be considered official notice of the millage rate approved by the taxing authority. (s. 200.06~(4), F.S.) 4 Within 30 Days of Final Hearing Property Appraiser notifies taxing authority of final adjusted tax roll. Within 3 days taxing authority completes and certifies 0R-422 to Property Appraiser. Not later than 30 days following adoption of its millage and budget ordinances or resolutions, each taxing authority shall certify that they have complied with the provisions of Chapter 200, F.S., to the Oivision of Ad Valorem Tax, Oepartment of Revenue. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~3 FAX (407) 589-5570 SUBJECT: Sebastian Area Civic Assoc. Scholarship Awards-Use of Yacht Club Approved For Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) Agenda No. Date Submitted 4/14/93 For Agenda Of 4/28/93 Exhibits: letter dated 4/~4/93 EXPENDITURE REQUIRED' AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Area Civic Association conducts annual award presentations at the Yacht Club. Historically, City Council has approved waiver of the rental fee for these functions. The City has received a letter from Florence Phelan, Vice President, Sebastian Area civic Association, Inc., requesting a waiver of the rental fee for use of the Yacht Club on May 7, 1993 by the association for the purpose of distributing donation checks to the local charitable organizations. In accordance with Resolution No., R-89-20, not for profit use is half the regular fee, therefore, the request for a full fee waiver must come before City Council. The Sebastian Area Civic Association has a security deposit on hold with the city. RECOMMENDED ACTION Move to approve request for full rental fee waiver for the Sebastian Area Civic Association for use of the Yacht Club for distribution of donation checks to the local charitable organizations. Scbost on ~,r¢o C v c ~ssoc,, nc, P.o. 80x 674 SEBASTIAN, F LO R I DA 3~958 April 14, 1993 The Sebastian Ar~_a Civic Association requests zv~ning ~o~s of F~d~F, May 7, 1993 for thz most appreciative if you would f~. Your early reply will b~ appreciated. 794 Sckumann Dr. Te£.: 589-2222 V~.ry Truly Yours, ._ i ~ity Liaison Officer City of Sebastian POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 Q FAX (407) 589-5570 SUBJECT: Warren/Weaver Wedding ) Reception - Use of Community Center) ) Approved For Submittal By: city Manager Agenda No. Date Submitted 4/[5/93 For A~enda Of 4L28/93 Exhibits: AD_Dlication dated 4/15/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMEN__T The City of Sebastian has received a request from Sherry Warren for use of the Community Center on October 16, 1993 to hold a Wedding Reception and for use of alcohol at this event. A security deposit is on hold at this time. RECOM~NDED ACTION Move to approve request for use of alcohol at the Warren/Weaver wedding reception. I CI~ OF SEBASTIAN KENTAL PERMIT APPLICATION RESOLUTION NO.: R-93-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT WiTH C~ARLES IAN NASH FOR THE PURPOSES OF PROVIDING LEGAL BPRESENTATION TO THE CITY; PROVIDING FOR THE EXTENSION OFT HE EXISTING CONTRACTUAL SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH; PROVIDING FOR REPEAL OF M$OLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; P~OVIDING FOR SEVERA~ILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ~EP. EAS, the City Council and the current City Attorney are desirous of amending their current Contractual Service Agreement to provide for an extension thereof. ~, THEREFORE, BE IT RESOLVED BT THE CITY COUNCIL OF THE CITY OF SZB~TIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The City Council of the City of Sebastian, Indian River County, Florida, hereby agrees to enter into the Third Amendment to Contractual Service Agreement with Charles Ian Nash, a copy of which is identified as Exhibit "A" to this Resolution and by this reference incorporated herein. Section 2. EXECUTION. The Mayor of the City of Sebastian is hereby directed to excute the Third Amendment to Contractual Service Agreement as agent for the City of Sebastian. Section 3. CONFLICT. Ail 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 Ci5y of Sebastian did not intend to enact adopted this such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman , and, upon being put tO a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank 0berbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and day of ...... , 1993. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney THIRD AMENDMENT TO CONTRACTUAL SERVICE AGREEMENT This Third Amendment to Contractual Service Agreement is made and entered into this day of .. , 1993, between the City of Sebastian, Florida, a Florida municipal corporation, whose principal office is located at 1225 Main Street, Sebastian, Florida 32958 (hereinafter referred to as the "City"), and Charles Ian Nash, of the law firm of Frese, Nash & Torpy, P.A., whose principal office is located at 930 South Harbor City Boulevard, Suite 505, Melbourne, Florida 32901 (hereinafter referred to as the "City Attorney"). 1. In consideration of the provided, the receipt and sufficiency covenants hereinafter of which are hereby acknowledged, the City and the City Attorney hereby agree to amend the certain Contractual Service Agreement entered into on the 26th day of April, 1989, as amended pursuant to the First Amendment to Contractual Service Agreement dated March 7, 1990, and as amended pursuant to the Second Amendment to Contractual Service Agreement dated March 25, 1992, all said agreements being between the City of SebaStian and Charles Ian Nash, as follows: "Paragraph 9 of the certain Contractual Service Agreement entered into between the City and the City Attorney dated April 26, 1989, and approved by the Resolution of the City Council in Resolution No. ~-89-21 adopted by the majority of the City Council on April 26, 1989, as subsequently amended by the certain First Amendment to Contractual Service Agreement dated March 7, 1990, and as amended by the certain Second kmendment to Contractual Service Agreement dated March 25, 1992, is hereby further amended to extend the termination date of such Contractual Service Agreement until the date of the first City Council meeting in ~ay, 1994, unless otherwise extended by mutual agreement. In all other respects, the provisions of the original Paragraph 9 shall remain in full force and effect." 2. The hourly rate shall continue to be $80.00 per hour for non-litigation matters and $100.00 per hour for litigation matters. 3. In all other respects, the Contractual Service Agreement entered into on the 26th day of April 1989, as amended pursuant to the First Amendment to Contractual Service Agreement dated March 7, 1990, and as amended pursuant to the Second Amendment to Contractual Service Agreement dated March 25, 1992, between the City and the City Attorney, is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties to this Third Amendment to Contractual Service Agreement have set their hands and seals hereto, on the day and year first above written. "City" CITY OF SEBASTIAN Attest: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) By: Lonnie R. Powell, Mayor "City Attorney" Witnesses: Charles Ian Nash 2 STATE OF FLORIDA ) ) ss COUNTY OF INDIAN RIVER ) Before me, the undersigned authority, personally came and appeared LONNIE R. POWELL, the Mayor of the City of Sebastian, who, upon being duly sworn, acknowledged that he executed the foregoing Third Amendment to Contractual Service Agreement, in his capacity as the Mayor of the City of Sebastian, for the purposes as therein expressed. She is personally known to me and took an oath. seal, In witness whereof, I have placed my hand and official in the County and State last aforesaid, this day of , 1993. Notary Public State of Florida at Large My Commission Expires: STATE OF FLORIDA COUNTY OF ) ) ss ) Before me, the undersigned authority, personally came and appeared CHARLES IAN NASH who, upon being duly sworn, acknowledged that he executed the foregoing Third Amendment to Contractual Service Agreement for the purposes as Zherein expressed. He is personally known to me and took an oath. seal, In witness whereof, I have placed my hand and official in the County and State last aforesaid, this day of , 1993. Notary Public State of Florida at Large My Commission Expires: DATE: TO: FROM: City of Sebastian POST OFFICE BOX 780127 c3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 58945330 ~ FAX (407) 589-5570 MEMO~AND UM April 19, 1993 Mayor Powell, City Council Members, City Manager and City Attorney Kathryn M. O'Ealloran, CMC/AAF~- C" City Clerk Survey - City Attorney In accordance with City Council postponement of action on Resolution No. R-93-11, Third Amendment to the City Attorney Contract, and direction to staff at the April 14, 1993 regular meeting, attached please find a survey of various municipal attorneys' contracts within the State of Florida. The most "comparable" city would be North Port due to the circumstances of the GDU buyout. Please note that I have taken cities in various counties throughout the State that have populations in the area of Sebastian. sam ~ 0 ~ 0 0 ~ o~ o 0 0 ~0 0 ~0 ~0.~ 0 o~ 0 0 ~n 0 0 0 ~ 0 0 ~ n~ 0 ¢~0 o 0 a~ ~z 0 City of Sebastian POST OFFICE ReX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Washington st. Curb& Gutter Approval For Submittal By= city Age=da No. ?J, /.5--/ Dept. of origin: city Manager Date Submitted= 4/22/93 For Agenda Of= 04/28/93 Exhibits= EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY At its regular City Council meeting of April 14, 1993 the City Council discussed the replacement of the curb and gutter section on Washington Street between US ~1 and Indian River Drive. Most of the existing curbing was removed by the FDOT contractor while making repairs to the storm sewer culverts. Other sections of the curb were damaged by the contrator during the project, city Engineer Dan Eckis and I reviewed this matter with Jim Byron, P.E., FDOT District Engineer. Given the small amount of curbing remaining along Washington Street, we requested FDOT to require the contractor to replace the entire section. Mr. Byron agreed and ~tated that FDOT would be responsible for replacing the entire curb section within the north right-of-way line of Washington Street between Indian River Drive and US ~1. R$COMMENDED ACTION This report is for your information only. No action is requested at this time. uT ~ SUBJECT: Hater & Sewer Policies Approvai For Submittal By= city City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIOA 32978 TELEPHONE (407) 589-53.30 ,-n FAX (407) 589-.5570 ) Agenda No. ~.. ) ) Dept. of Origin: Cit~ ~anager ) ) Date Submitted: 4/22/93 ) ) For Agenda Of: 04/28/93 )  __ C_-----) Exhibits: None Ha~ager: ) EXPEND ITURE REQUI~ED: A~OUNT BUDGETED: APPROPRIATION REQUIRED: On May 1, 1993, the City of Sebastian will begin its operation and maintenance responsibilities for the Park Place and Palm Lake Club water and sewer systems. Additionally, we will be the retail provider of sanitary sewer services for those customers connected to the Indian River County System, including billing and collection. Additionally, we are negotiating with General Development Utilities Incorporated ("GDU") to purchase the Sebastian Highlands GPU Water and Sewer Systems. Lastly, once the GDU Systems are purchased we expect to begin an expansion program with the priority on extending potable water service throughout, the Sebastian Highlands. Currently, few policies governing water and sewer operations ~y ~he City exist. Those policies tha~ are in place are found in the Inter- Local Agreement between ~2~e City and Indian River County and in the rate resolution establishing rates for water and sewer customers. In the future, the City Council will be establishing policies governing the development and operation of the water, sewer, and storm sewer utilities systems. However, as a preamble to t_hat effort, I wanted to share my thinking of general policy guidelines, goals, and assumptions as we approach a more aggressive utility opera=ion. First, I mus~ poin~ out that policy is set by the City Council and the following guidelines are assumptions of future policy. Second, these goals will be subject to change as we develop policy and begin working within contrainus of financing, bonding requirements, State and Federal regulations and law. I Statement of Purpose The City of Sebastian will strive to provide high quality water, sewer, and storm sewer utilities services to its citizens and property owners in a cost effective manner in order to enhance the quality of life, provide safe drinking water for the protection of public health, protect the environment by providing for the proper treatment of wastewater, improve the fire protection system of the City by providing a reliable source of water, provide for effective storm drainage, and enhance the value of real properties within the City by delivering of these vital services. II Enterprise Fund The Utility Department will be operated as an Enterprise Fund an~ as such, will be self-sup~or~ing through i~s own revenues. Therefore, it is hoped that no General Fund Revenues will be required to suppor~ ~he system beyond a reasonable transition and start-up period. Further, the City is operating a utilities system in order to provide cost effective services to its citizens and proper~y owners and therefore is not seeking =o earn a profit. Any retained earnings of the Enterprise Fund would qo back into the system for improvements or to maintain the lowest rate possible. However, we woul~ expect ~he General Fund to realize revenues through fees in lieu of francise fees, utility taxes, or a Payment-In-Lieu-Of-Taxes ("PILOT"). III Cooperation With Indian River The Inter-Local Agreement between the City of Sebastian and Indian River County has, as its basis, the spirit of cooperation. We contemplate not only immediate cooperation through Indian River County as a source of wastawater treatment but also cooperation in the future as both City and County utilities develop and expand. ~v Growth Issues We expec~ the water and sewer system =o be self SUppOL~iinq and that growth and development will pay its own way. While. existing customers coming on line through the GPU system will be "qrandfathered" from impact fee payments, we should expect a consistent policy of not waiving impact fees for new developmenn. Water and Sewer Connections If possible, the City should not have mandator~ connection policies for existing homes or buildings. The exception, of course, would be to correct health or environmental problems or if required by State or Federal government agencies. Fu~her, we may wish to look at a "capacity sale" to encourage volunta~i connection where lines exist for existing homes and buildings. Typically, a capacity sale would provide inducements in the way of discounted impact fees or a deferred payment plan such as a five year vo!unta~f assessment. New homes and buildings s~ou!d be required to connec~ if facilities are available. The imuac~ fees and connection charges should be paid az the time of building pe-~m-.it a~plica~ion. Impact fees would be earmarked for capital purchases and improvements for the core elements of both water and wastewater facilities. Impact fees would go toward the capital expense for water and wastewater plants, main water transmission lines (including oversizing of mains) water storage, regional lift stations for wastewater, and for repayment of debt for initial Capital Outlay. Impact fees should be paid at the time of building permit application for new construction but the City Council may wish to look at a deferred payment plan for existing homes and buildings. VII Special Assessments Special Assessments are a likely source for funding the internal water and wastewater lines, namely water mains with fire hydrants and sewage collection mains and neighborhood sewage lift stations and force mains. Special assessments are typically billed with property taxes and are financed over a long period of time, such as ten years. A special assessment would indicate a benefit or improvement to adjoining property and would likely be done on a per lot basis for single family residential an~ a per lineal foot basis for multi- family and commercial. All prope~ies benefit by the placement of water or sewer mains including houses or buildings which are connected or not connected and all property whether improved or unimproved. VIII Monthly Rate charges Service charges are normally billed monthly and are designed to meet operation and maintenance expenses and debt service for purchase Of initial capital facilities. Connections,Fees Connection fees shall Be established by resolution an~ are used to pay for the physical connection to tap the main and set ~he meter, or to tap ~he sewer. SUHMART These general policy objectives and goals merely represent our broad thinking and framework. As discussed in the beginning of r/%is report, I again add the disclaimers that policy will be established by the City Council and will De subject to changes due to constraints imposed by financing requirements, bond re.~uiremen~s, and Federal or State regulations. RECOMMENDED ACTION This re~or~ is for review by City Council and no action ~s req/uestad at ~his time. City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 rn FAX (407) 589-5570 SUBJECT: P & Z Membership Recommendations Approved for Submittal By: City Manager /~ Agenda No. Dept. Origin Date Submitted For Agenda of 04-28-93 Exhibits: 4-21-93 letter from P & ENG/PW ~ 04-21-93 Z EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT At their regular meeting on April 15, 1993, the Planning and Zoning Commission reviewed all applications for membership and made the following recommendations. Mr. John W. Falke was recommended to fill the unexpired term of Norma Damp expiring June 1994. Mr. Howard Goldstein, 2nd Alternate was recommended to replace Robert Fullerton who is not eligible for reappointment for a three year term expiring April 1996. Mr= Carl Fischer, 1st Alternate was recommended to replace Stanley Krulikowski who is not eligible for reaupointment for a three year term expiring May 1996. Mr. Walter Barnes was recommended to fill the unexpired term of 1st alternate expiring November 1995 should you choose to confirm Mr. Fischer for a regular member seat. Mrs. Jean Brantmeyer was recommended to fill the unexpired term of 2nd alternate expiring January 1996 should you choose to confirm Mr. Goldstein to a regular member seat. RECOMMENDED ACTION Move to approve or reject recommendations made Planning and Zoning for membership appointments. by City of Sebastian POST OFFICE BOX 780127 r,1 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 Q FAX (407) 589-5570 MEMORANDUM DATE; April 21st, 1993 TO: Mayor and City Council THROUGH: Bruce Cooper Director of Community Development/~z~ FROM: Planning and Zoning commission~_~ RE: Membership Recommendations Please be advised that applicants but one were in attendance at the regular Planning and Zoning Commission meeting held on April 15th, 1993 at which time their applications were considered for recommendation to City Council. The following motion was a result of those considerations: We the Planning and Zoning Commission have reviewed formal applications from twelve (12) individiuals wishing to be members of the P & Z Commission and have held personal interviews with 11 applicants who chose to meet with the present P & Z Members. Also we completed the nomination proceedures to arrive at our decisions. Therefore, we strongly recommend and move that the following appointments be made to the P & Z Commission for the City of Sebastian: A. Mr. Falke, presently a new applicant be appointed as a regular member for a term expiring June 1994. This appointment is to fill the unexpired term of Councilwoman Norma Damp who resigned when elected to the City Council. B. Mr. Goldstein presently 2nd alternate be appointed as a. regular member for a three year term ending April 1996. this appointment is to fill the vacancy created by Mr. Robert Fullerton not being eligible for reappointment under the provisions of Ordinance No 0-91-25. Mr. Fullerton has served three consecutive full terms. C. Mr. Fischer presently 1st alternate be appointed to regular member for a three year' term.expiring in May 1996. this appointment is to fill the vacancy created by Mr. Krulikowski not being eligible for reappointment under the provisions of Ordinance No. 0-91-25. Mr. Krulikowski has served three consecutive full terms. D. Mr. Barnes a new applicant be appointed as let alternate P & Z member to a term expiring in November 1995. This appointment is to fill the unexpired term of 1st alternate member Carl Fischer whose present term is to expire in November 1995. Mrs. Brantmeyer a new applicant be appointed as 2nd alternate P & Z member to a term expiring in January 1996. This appointment is to fill the unexpired term of 2nd alternate member Howard Goldstein whose present term is to expire in January 1996. This motion was made by Mr. Thompson second by Mrs. Kilkelly passed unanimously. Your consideration of these recommendations is greatly appreciated. m SEIIASTLA POLICE m Earle L. Pelly. Chlel of Police Post Office 13ox Seba$11an, FL, 32978-012 I i MEMURA)tDUM DAlE : IU : FRU4 : SIBJECr : Ma=ch 19, 1993 KaChryn M. O'H~lloran, City Clerk [nves[lgaLor Gary McCarthy Want/Warrant Cl)eck - Apollcan[ Jean Br~ntmeyer A check For wants/uarranls For the above referenced applicant/board menber reveal ti,aL: ~ No active ~ant or warranL For.subject Is on rile. ( ) ~n active ~arrant or want does exist and rollo~ up will occur. TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 (u FAX (407) 589-5570 M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk InvestiGation - Board ADDlication Jean ~rantmever March 16, 1993 Attached please find board application of Jean Brantmeyer for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /js Enclosure APPLICATION TO SERVE ON CITY BOARD (use additional sheets if necess~ or submit taste if available) you a resident of the Ci~? Yes~ No 11. Are 12. Length of Residency 13. Do you hold a public office? Yes 14. DO yOU se~e on a Ci~ Board at ~resent? Yes No 15. P~ASE CHECK THE BOA~(S) YOU ~E I~ERESTED IN SERVING 0N: (Please n~ber in order of preference with first choice being "1" ) *BOARD OF ~STME~ CEMETERY CO~ITTEE *CODE ENFORC~ENT BOARD *CONSTRUCTION BOA~ *PLYING ~ ZONING ~ICAPPED CG~ITTEE 16./ ,What qualifications do .you ha~e to serve on this~oard? 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? / Yes ~ No ~ 19. Would you consider serving on another Boar~ other than the one(s) you selected above? Yes h/No I hereby certify that I am qualified to hold the ~osition for which this a~plication is made. Further, I hereby authorize the Clt~ of Sebastian to investigate the truthfulness of all information which I have provided in this. a~Dlication. I understand that any misre~resentation or omission of information requested in this a~lication is cause for disqualification or removal. I understand that the Ctt~/ Council of the City of SEBASTIAN may suspend or remove from office any munici~al board member for malfeasance, misfeasance, neglected duty/, habitual drunkenness, incompetence, or ~ermanent inability to ~erform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felon~ or for a misdemeanor related to the duties of his affice or who is indicated or informed against for the commission of any felon~or misdemeanor... I hereby authorize the Sebastian Police ~e~artment to run an active warrant check on me. Subscribed and sworn to before me this. /~/.. day of ~~~ , (SEAL)' \ws- form\ application N~ot/a=:~ P~bl~c, State of Florida Name of Notary. (printed or T!~ed) PPLICATION TO SERVE ON CITY BOARD BUSINESS ADDRESS: 6. BUSINESS e I2. 13. i4. i5. (use additional sheets if necessary or submit resume if available) Voter registratlo ? Are you a resident of the City? Length of Residency Do yOU hold a public office? Do you se~e on a City Board at present? P~EASE CHECK THE ~OAR~(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of 9reference with first choice being "1") *BOAaD 0FA~JUSTM~NT /-%/ CF24ETERY COMMITTEE -" *CODE ENFORCEMENT 80ARD *CONSTRUCTION BOARD *PLAdVNING AND ZONING / ~ ~ HANDICAPPED COMMITTEE ~ What qualifications do you have to serve on this board? 17. What reasons do you h~ve~-f~shing to ser~ze on an advisor~z board? -' - .... ..: ~ ,o.~.~.~,~,~ 8. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No /' 19. Would you consider serving on one(s) you selected above? another Bo~r/ other than the Yes ~ No I hereby certify that i am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. Z understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompe~enoe, ~r peF~.anent inability to perfo£a~ his official duties. Further, I understand that the City Council may suspend any municipal board member who is a~iested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Se~as%tln P~'ce Department to run an active warrant check on me. ~ ~ ~ . Subscribed and sworn to before me this /$~ day of ~~ , TO me or has producedX~ ~/~m~$~ w/~fj~. ]2~- as identification. .~'& -.,,,~'/-c~ (SEAL) \we-form\application ublic, Sta:e o a./l'6r!d Name of' Notary (Printed or Typed) MEMURANUUM Post Olflce Box 7801:2 Sebasllan, FL 32g;'B-Ol~ i mm ~ Il m IJ DAlE iU FRU4 : SLUJEC 1' : March 17, 1993 Kathryn M. O'H~lloran, City Clerk Investluator Gary McCarthy Want/Warrant Cl~eck - Apl'Jllcant Herbert Munsart check For wants/warrar, Ls For the above menber reveal ti,aL: '(--,.~ No active wa~,t or warrant For.subject Is on rile. ) An active warrant or want does exist and Fellow up ~111 occur. referenced apol lcant/board b stlan Pollce Oeuartn~r,t ~ Herbert ~'[unsar t 1464 Seahouse Street,Sebastian,F1. 32958 Education: May,1949..B.S.Degree,Accounting,Rutgers Univ. School of Business 1952 ..... C.P.A.Certificate, State of N.J. Background: Various accounting positions from 1947 to 1956 February,1956..opened my own office for the practice of Public Accounting. Sold accounting practice May,19 92 and retired. Served on the Planning Board ,Town of Woodcliff Lake, N.J. for 2½ years in the mid-70's. Served on the Citizens Sewer Committee, Woodcliff Lak~ N.J. from above for another 3 years, wkile the whole town had sewers installed. Was active in Junior Achievement Program, American Heart Assoc.,Bergan Passaic Chapter as Treasurer,Amer Heart Assoc.,N.J. Stats Division,Treasurer., Boy Scouts, Various positions with N.J. Society of C. P.A.'$., Advised several clients in the construction industry as their accountant and financial consultant. TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE 8OX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 H E H O Earle Petty, Chief of Police Kathryn M. O'Ealloran, City Clerk !n~estiqat~om = Board A~ication Eerbe~c ~ Merck 15, 1993 At=ached please fin~ board applicatio~ of Kerber~unsar~ for investigation, in accordance wi~h Resolution ~o. R-89-13, to serve on a City Board. /is Enclosure APPLICATION TO SERVE ON CITY BOARD-~ u~? ~.~ ~%% !--/ BUSINESS ~DRESS: -- SOCIAL SEC. r ZT¥ DRIVERS LICENSE NUMBER: 10. 11. Voter registration no. Are you a resident of the City? Yes No 12. Length of Residency ~',I,.Q,.~ 13. Do you hold a public office? Yes No ~,~ 14. 15. DO you serve on a City Board at present? Yes No u/ PSEASE.CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first'choice being "l") *BOARD 0FADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD t *CONSTRUCTION ~OARD '~ *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE lg. What qua!ificat.ions do you have to serve on th,is board? · ,.. ~-__- , ' "~.<_~ ,-_,~: _. 17. What reasons do you have for wishing ~o seize on an adviso~.~ board? ~'.~.8;, Have you ever been convicted of any felony or any .'misdemeanor involving moral turpitude in this or any state? · : Yes NO 19. Would you consider serving on another Boar~other than the one(s) you selected above? Yes ~/ No ~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby 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 of the City of SEBASTIAN may suspend or remove from 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 a misdemeanor related to the duties of his office or who is indicated or informedagainst for the commission of any felony or misdemeanor. I hereby authorize the S~~an Police Department to run an active warrant check on me. ~Applican~ignat~re Subscribed and sworn to before me this ~_ day of ~ to,re or has produced as identification. (SEAL) ~o%~y Public,-S~ate of Fi~rid~ ' -- 'o~ Notary (Prin%ed or T~-ped) Commission No. \ws-form~aD~lication City of Sebastian POST OFFICE 8OX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 M E M 0 TO: FROM: SUBJECT: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investigation - Board Application Vernon Slavens DATE: March 15, 1993 Attached please find board application of Vernon Slavens for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /js Enclosure SEIIASTIA~ ~.:DI~I'A.I<,,:I~[:: [~,l· ............ Sebasllan, FL 32978-01~ ...... "7' ~ Emle L. Pelly. Chief ol Police I _MEMUR/iNLIUM Ogle : IU : FRU4 : SLUJE£1': March 17, 1993 Kathryn M. O'Halloran, City Clerk Investlua[0r Gary McCarthy Want/WarranL Ulleck - ~p01lcant Vernon Slavens check for wants/warrants for the above referenced apoltcant/board me~iJer reveal Lhat: ~ No active .a.t or warrant rot.subject Js on file. ( ) ~n active warrant ~]r want does exist and follow up wilt occur. . 3. 4. 5. NAME: HOME ADDRESS: HOME TELEPHONE: 961 Riviera Avenua (407) 388-9004 Retired BUSINESS: BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NIA~BER: DRIVERS ' LICENSE NU~ER: RESUME OF EDUCATION AND EXPERIENCE: Attached (use additional sheets if necessar~ or submit resume if available) 10. Voter registration no. 12. 13. 14. 15. Are you a resident of the City? Yes X No Length of Residenc~ 4 years Do you hold a public office? Yes No Do you serve on a Cit~/ Board at present? 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 CEMETERY COMMITTEE ~ *CODE ENFORCEMENT SOARD *CONSTRUCTION BOARD *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE ~I ' What qualifications do you have to serve on this board? I have 20 years of plumbing experienca. 17. What reasons do you have for wishing to seize on an advisor/ board? I would like uo help in evalua~in,,g and improv~n~ ~he needs of Sebastian's fast-qrowin~ pg?ulation/communi~]z. I ~',.'.18.~ "Have you ever been convicted of any felony or any ~iSd~eanor involving moral turpitude in this or any state? I · - ' ' Yes No X 19. Would you consider serving on another Board other than the I one(s) you selected above? Yes X No .'.' I hereby certify that I am qualified to hold the position for I which this a9plication is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all inf. orm,ation which I have ~rovided in this application. I I un=ers=and that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any mun!ciDal board member for .m_alfeas.ance, misfeasance, neglected duty, habitual drunkenness, I incompetence, or ~ermanent 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 a I misdemeanor related to the duties of his office or who is mi~sd~eCmaet~o~r informed against for the commission of any felony or aIcth~vreebwY_ a~rru~t2~rci~ckth~nSmeeb.astian Police Department to run an I Subscribed and sworn to before me this ~ day of HARCH , I 19 93 , by KEITH D. MILLER , who is ~ersona!ly kn6~n to'~'me or has produced F~.' DL'~S042448'_2~ .... as identification. .~.:,~j~lLi~,~'~w,~l~c~77~771~l~ ~No=ary/PUbl=c, State of Florida I '. .... ~m~-~.~ SYLVIA I. CIDLOWSKI HY COMMISSION EXPIRES: ~-30-96 Co-~iSsion NO. i we- form\ apu lication City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 Q FAX (407) 589-5570 TO: FROM: SUBJECT: Earle Petty, chief of Police Kathr!rn M. O'Eal!oran, City Clerk IByesti=ation =~ADolication Kei~ D. Miller DATE: March 12, 1993 Attached Flease find board application of Keith D. Miller for investigation, in accordance wit_k Resolution No. R-89-13, to serve on a City Board. /is Enclosura Dale IU MEHURgttDUH March 16, 1993 : : Kathryn M. O'Halloran, City Clerk FRLH : Investigator McCarthy SLUJECr: ~Vant/Warrant Elmeck - /IplJllcant check rot .ants/.arrants rot [he above m, IJer reveal Lima[: ( ) Keith D. Miller referenced applicant/board No active ,a,,t or ,arrant rot.subJect Is on file. an active ,arrant or ,ant does exist and folios up ~111 occur. OBJECTIVE: EXPERIENCE: 1983 - 1985 1975 - 1983 1971 - 1975 1969 - 1971 1966 - 1969 Keith D. Miller 961 Riviera Avenue Sebastian, FL 32958 (407) 388-9004 Seeking a responsible and rewarding plumber's position where previous experience, ability, and education will be of mutual value and allow for potential growth in a new fled of endeavor. THE DEPARTMENT OF MARINE AND AVIATION Plumber Duties include: - Supervises/directs and is responsible for plumber"s helpers in altering, repairing, extending, and maintaining plumbing, drainage, and gas systems - Makes decisions relative to methods of doing work - Prepares work schedules - Makes work assignments - inspects equipment; fixtures, and piping systems in order to be able to properly maintain - Prepares job orders and requisitions for tools, materials, and equipment - Keeps records and makes reports THE DEPARTMENT OF CORRECTION Duties include the same as above AL TROMER PLUMBING COMPANY Duties include: - Assisted plumber in preparing tools and materials for work - Obligated for on-the-job clean-up - Responsible for plumbing vehicles - Maintained plumbing shop - Performed related duties SERVED IN THE UNITED STATES ARMY R. J. LYNCH, INC. Duties include: - Spray-painting, sandblasting, welding, and torch-burning of machines - Repaired bowling equipment - Renovation of bowling machines and alleys - Installed bowling machines EDUCATION: Community College - Math - Computer Science Bill Marion School for Plumbing Mechanics Institute Indian River College - Bus Driving Course - Basic Refrigeration - Floral Arrangements PPLICATION TO SERVE ON CITY BOARD BUSINESS: , BUSINESS ADDRESS: /~/~ BUSINESS TELEPHONE: 7. SOCIAL SECURITY NUMBER: 9. RESUME OF EDUCATION AND EXPERIENCE:~ (use ad~tional sheets if necess~ or submit res~e if available) 10. Voter registration no.., 11. 12. 13. 14. 15. Are you a resident of the City? YesA No Length of Residency Do you hold a public office? Yes No ~ Do you serve on a City ~oard at present? P~EASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "i") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ~NFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE I 16. What qualifications do you have to serve on this board? .-~9~ ~$ ~-)~, What reasons do you have for wishing to se~e on an adviso~/ board? 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes .... No ~__ 19. Would you consider serving on another Board other than the one(s) you selected above? Yes _~_ No I hereby certify that i am qualified to hold the position for which this application is made. Further, I hereby 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 of the Cit~/ of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Fu~'ther, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is 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. A~lican%~ S i~ature Subscr-ibed and sworn to before me this ~ day of ~/~/~ , 19~ j ,~y i~.~) ~,~ ~. who is personally known tO me or has produced ~:~7 b S. as identification. Notary Public, State of Florida Name o%' Notary (Printed 6~ TyD. ed) ~ws-form~a~D!ication TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE 8OX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk I~vesti~at~0~ - Board ADPlicat~o~ Walter w. Barnes March 15, 1993 Attached please find board application of Walter W. Barnes for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /js Enclosure SEBASTLAN POLICE D I~,PA IITM Ir, N'l' II U/lIE IU FRIH : March 16, 1993 : Kathryn M. O'Halloran, City Clerk : InvestluaLor McCarthy SLUJEC[ : Want/Wa[rani Cl~eck - /~pdllca.t I I Post Office l~ox Sebasllan, I'L Walter W. Barnes check for w~.Ls/warranLs for the above referenced apollcant/board roe. her reveal U,at: ¢...e' No active waf,t or warrant for.subject Is [,,~ file. ) ~ active warra.t or want does exist and follow Up will occur. ~n.ves.t!0at~o~. beoascJ, an ~'oilce Oeuartne. t PPLICATION TO SERVE ON CITY BOARD HOME ADDRESS: HOME TELEPHONE: BUSINESS: 5. BUSINESS ADDRESS: ./V'~ 6. BUSINESS TELEPHONE: RESUME OF EDUCATION AND EXPERIENCE: '/-/Z:Z? ~ ~,.- (use additional sheets if necessar~or submit resume if available) Voter registration no. ~/6 ~T/ Are you a resident of the City? Yes ~' No 10. 11. 12. 13. 14. Length of Residency DO you hold a public office7 Yes Do ~ou serve on a City Board at present? ~es NoX' No 15. PSEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING 0~; (P{ease number in order of greferen~e~w±t~-flrst choice being "1") '. * .. ' .......... · BOARD OF ADJUSTMENT CEMETERY COMMITTEE · CODE ENFORCEMENT BOARD · CONSTRUCTION BOARD · PLANNING AND ZONING HANDICAPPED COMMITTEE What qua/if!cations do you have to serve on this board? '/'~ ":' "~'"'~"~ ~' <" "~" ~ 'i,~ /.z.,-, ..---, , · ~'-..~:.~,--- ' ...... 16. 17. What reasons do you have for wishing to serve on an adviso~z board? · .2' .' .-~: ,:~ --- ,~ ~ ~ . ... - -, ,,.. , ,...-':, 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ...2' 19. Would you consider serving on another Board other than the one(s) you selected above? Yes _~__ No I hereby certify that ! am qualified to hold the position for which this application is made. Further, I hereby 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 of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to ~erform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. X hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed and sworn to before me this _./~_~-~day of ~ 19 f3, bp /3~ ~ /~fC/~FF4~/~WJ , who is merson&lly known to me c~ has producedF~D& ~J&~"D~-~'~T ~ as identification. (S~A~) Nota~ PubliC. S~ate of Florida Name of Notary (Printed o~ T~e~) Commission No. \ws- form\ application 2/16/93 ALARICO{ERICI C. MASCARENHAS 842 HAVERHILL AV SEBASTIAN, FL 32958-4478 407-388-1430 EDUCATION: MS Computer Science 6/77, Union College, Schenectady NY BS Electrical Engineering 6/56, University of Illinois, Urbana IL PROFESSIONAL EXPERIENCE: IRCC, Adjunct instructor, Computer Science 10/91 - present *TEACHING CERTIFICATE 8/91-8/96 COMPUTER SCIENCE prebaccalaureate IBM Corp, Advisory Engineer, Main Frame computers 6/56 - 7/91 (took early retirement). VOLUNTEER WORK: Harbor Branch Oceanographic Institute, drafting dept Adult Literacy Service, student/tutor data base design Sebastian Library, client/staff PC usage support St. Vincent de Paul Thrift Store, cash register person PERSONAL QUALITIES: Initiative, ability to work with people, oral and written ability, dependability, community service oriented, personable. SALARY REQUIREMENTS: ~egotiable. AVAILABILITY: January 1993 CAMPUS PREFERENCE; Palm Bay (Florida Advance Technology Center) COURSE PREFERENCE; Orientation/Introduction to the Personal Computer Orientation/Introduction to DOS Orientation/Introduction to Word Processing Orientation/Introduction to Spreadsheets TIME PREFERENCE: Monday -Friday (PA-4P) Saturdays day time by previous arranqement Sundays afternoon by previous arrangement D/lIE : IU : FRUq : SLUJECI' : March 12, 1993 Kathryn M. O'Halloran, City Clerk Investlua[0r Gary McCarthy Want/~arranL Clleck - aPlJllcarlt Alarico C. Mascarenhas ti check for wants/warrants rot the above referenced apoltcant/boarO meal3er reveal [ha t: ~d~ No active want or warrant for.subject Is o. file. ( ) an active sarra, t ur wa.t Odes exist a.d follow u[~ sill occur. Sebastian Police City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 M E M 0 TO: FROM: SUBJECT: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investiqation - Board Application Alarico (Eric) Q.,. Mascarenhas DATE: March 10, 1993 Attached please find board application of Alarico C. Mascarenhas for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /is Enclosure I I I I I I I I I I I I I I I I I I I 1. NAME: APPLICATION TO SERVE ON CITY BOARD -- 2. HOME ADDRESS: 3 . HOME: TELEPHONE: ~ /9 - 3 f 1/ 4. BUSINESS: If?;:'" r / r< EO 5. 6. 1. 8. BUSINESS ADDRESS: .-' - ---- BUSINESS TELEPHONE: ..,.&. __--- J SOCIAL SECURITY NUMBER: 3 ?, - 0 ~. ,f 0 0 I D S'11 " - S" 5"1 .... l.z ... '3 '1 / DRIVERS LICENSE NUMBER: 9. RESUME OF EDUCATION AND :n'ERIENCE: ,4' I a.;..t 5oJ./.a 0 l- &f.( ~ 0 T Po s.-r a.. t2 POI m 1tI III <g IJ r.: 'iT ~ () tV I t/ - P€.eZSd "'1-1 G {.., _ Af'tJ:4A /.5.9 t.. _ J? €'fI.,- ;l-~~~~ AC~ ~;: ~ So ~ ~,....~ ffll L- '" 1W "<1'c <", ~ H-rV ~P;" CIA -rtr i<17;4;: (use t 1 sheets if necessary or submit resume if available) 10. Voter registration no. ! J .(3 ~9 11. Are you a resident of the City? 12. Length of Residency 13. 00 you hOld a public office? YesJ:L No_ t 7 tiP s Yes_ N'o~ Yes_ Nol 1S. 14. 00 you serve on a City Board at present? 16. 17. ~PLEASE CHEC~ THE aOARD(S) YOU ARE INTERESTED IN SERVING ON: ~Please number in order of preference with first choice being .. 1 .. ) "'BOARD OF ADJUSTMENT CEMETERY COMMITTEE *COOE ENFORCEMENT BOARD "'CONSTRUCTION BOARD "'PLANNING AND ZONING HANDICAPPED COMMITTEE --.$.. What qualifications do you have to serve on this -, -.:::La '1 {~l-1 , ~~",.~:1~~; -..u:" What :-eaS(JQ&;-dCln-you:'h~~ fo bo ard? 0 --:~ ..... . '-:;L ~ .\... '6 i.;,.' .~ .._ w~shing to ser~e on an advisor? . :--(. , ~<-- e 'i <:A..o....<-- ....-..-... ,_ --- l:.- ~...., -""J.., ~ -=--''- ';:'" / 6 \J -r-::...._.~:? . - I'] I .; \. Q.... If' ~... ':.; -"."-' ~ : - ~'- le ,-('-'-'-~ -" " -r _ t-<..'- r~ ,~--.~ Cf '" /"l '7 ~. / ~ -G'a= ( \ )1 : \ ,,' '--' 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? 19. Would you consider serving on another Board other than the one(s) you selected above? Yes __No Z hereby certify that I am qualified to hold the Dosition for which this ap~lication ks made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which ~ have provided in this ap~lication. understand that any misreUresentation or omissio~ of information requested in this ap~lication is cause £or disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municiual board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incom~etence, or Dermanent inability.to uerform his official duties. Further, i understand that the Cit~/ Council may 'suspend any municipal board member who is arrested for a felonF or for a misdemeanor related to the duties, of his office or who is indicated or informed against for the commission of any felony or misdemeanor. Z hereby authorize the Sebastian Police DeDartment to run an Subscribed and sworn to b~.fore,me thisj~ day of ~JJ~j. , ~~/_ .......... . , who is personally known to m~-or has produced ~&. A/d~D6 D~m~ .~~. as identification. ,. Commies \ws-~orm\a~pZication I City of Sebastian POST OFFICE BOX 780127 c~ SEBA,.RTIAN. FLORIOA 32978 TELEPHONE (407) S89-53:~0 TO: FROM: SUBJECT: DATE: Earle Petty, Chief of Police Kathryn M. O'Halloran, city Clerk I.Dvesti~ation ~ B~a~d AD~kication Mer~j~G M~ Dun~ December 28, 1992 Attached please find board application of Merlin M. Dunn for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /is Enclosure D/lIE IU rnU.t SLUJECr December 31, 1992 Kathryn M. O'Halloran, City Clerk [rlve$[[Ug[uE McCarthy ~a.l~ar~a.l EI~eck - ~plJllca, l Merlin M. Dunn check for wnr,l:s/warrar,ls rot lire above referenced apolican[/board meni~er reveal lhal: ~ ~ acllve wa,,~ or warra,,~ ror.s~Ject Js o,, rile. InveSt. lga[ur ~ SebasHan Poi Ice Oeuar lnet,t . 3. 4. 5. 7. 8. (use additional sheets if necessary or submit resume if available) 10. Voter registration no. q t~'-~ " 11. Are you a resident of the 12. Length of Residency I3. Do you hold a public office? f4. Dc you serve on a Cit~/ Soard at present? Yes No / 15. PLEASE CHECK THE ~OAR~(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of ~rsference with first choice b~ing *BOARD OF C~METERF' COMMITTEE *CODE ENFORCEMENT ~O~.~ *CONSTRUCTION ~0ARD *PLANNING AND ZONING HAN~ICAPPED COMMITTEE What qualifi'cations do you have to serve o~thfs board7 What r~asons do you have for wishing to serve on an adviso~ board? 15. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? '"' ' ~.s No/ 19. Would you consider s~-v!ng on another Board other than the one(s) you selected above. Yes / No ~ hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the ~i_ty Of Sebastian to investigate the tr~thfulness of all information which I have provided in this ap~lication. understand that any misrepresentation or omission of information ::~:~d in this apgllca~ton is cause for disqualification or I understand that the Cit~ Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for ~!feasence, misfeasance, neglected duty/, habitual drunkenness, ~ncompe=ence, or permanent inability to ~erform his official mls=emeanor related to the duties of his office or who is ~:~o~ informed against forth, commission of any ac=lye warrant cnec~ o~ me. ~, ~ ~ · e--~--~-has ~rodUce='~a~~O.~_~lD~_0 as identification. or!da I \ ws- form\ aDP.].icaticn 257 Main St. Sebastian,FL 32958 December 23, 1992 Mr. Robb McClary Sebastian City Manager City Hall 1225 Main St. Sebastian, FL 32958 Dear Mr. McClary: I would like to apply for a seat on the Sebastian Planning and Zoning Commission. I believe that I am thoroughly qualified to serve the residents of Sebastian in this position, having a background that blends a knowledge and appreciation of facilities engineering, long-range planning, management, and important environmental concerns with the reality of economics and common sense. I am a registered professional engineer. I retired from the Unites States Navy in 1991 after serving almost 30 years as a civil engineer. I have worked successfully with members of congress and their staffs, federal agencies such as the Environmental Protection Agency, and with the county government in Alachua County, Florida. I have had the experience of serving on a school board in North Carolina and on environmental commissions within the Department of Defense. During a break in my militar~ career I worked as a construction engineer for a major chemical company and I have owned a small retail business. My wife and I bought a house and moved to Sebastian last May. While my career took me to many other places, I have ~rev~ousl7 lived in St. Augustine, Gainesville, and Orlando, so am not new to Florida. We live in Sebastian full time and will hopefully be long term residents. Although I am retired, I am only 56 years old, so I feel I can relate to the retired residents of the city as well as the younger residents. I have the time available to devote to doing a good Job on the Commission and I have a personal interest in seeing my adopted city develop in a sensible and cost effective manner. I am available to meet with you, or with any other selecting official, at your convenience. Please call me at 589-8065. Sincerely, JOHN W. FALKE, P.E. SEBASTIAN, FLORIDA 32958 CAREER HISTORY ACCOMPLISHMENTS RELATED WOrK EXPERIENCE 257 MAIN ST. (407) 589-8065 Thirty years of increasingly responsible experience in facilities engineering and planning, public works department manage- ment, and environmental program direction and. oversight. Managed a master planning, engineering design and construction program which averaged $80 million annually, and a facilities operation, maintenance, and repair program of over million annually. Initiated redesign and revalidation of re- quirements for a world-wide hazardous waste storage facility program which eliminated poorly justified facilities and reduced the cost per square foot of the others, thereby saving over $50 million. Directed a 450 person public works department which provided land use planning, facilities engineering, maintenance, minor construction, utilities, vehicle and heavy equipment oper- ation and maintenance, telephone service, operation and maintenance of 1000 housing units, refuse collection, landfill operation, and environmental compliance program. Directed an accredited school with 125 staff and faculty teaching construction skills at the entr~ through journeyman levels to over 9000 students per year. i987-1991 Chief, Installations Division, Def- ense Logistics Agency, Alexandria, VA.' I98§-1987 Assistant for Facilities, Navy In- spector General, Washington, D.C. 1983-1985 Instructor, Department of Profes- sional Development, Armed. Forces Staff College, Norfolk, VA. 1980-1983 Public Works Director, Roosevelt Roads, Puerto Rico ~976-1980 Commanding Officer, Naval Construc- tion Training Center, GulfPor~, MS. EDUCATION REFERENCES JOHN W. FALKE, P.E. Master of Engineering in environmental eng- ineering from the University of Florida. Bachelor of Science in civil engineering from Michigan Technological University. Available upon request. 257 MAIN ST. (407) 589-8065 SEBASTIAN, FLORIDA 32958 TO: FROM: SUBJECT: DATE:' City of Sebastian POST OFFICE 8OX 7t!0127 n SEBASTIAN. FLORIOA 32978 TELEPHONE (407) 589,-53:30 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk InvestiGation c~A~lication Joh~ w. December 28, 1992 Attached please find board application of John W. Falke for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /is Enclosure I'OL.ICE Eta~le L. Pelly. Chle{ o{ Potlce I ~J E __H U B n N U U t~ IJn IE: IU : rl~Ll.l : SLUJEE r: December 31, 1992 Kathryn M. O'Ha!loran, City Clerk [nv~stluator McCarthy WantAqarranl Ci~etk - /~plJllca~l reveal ti,aL: John W. Falke referenced aool leant/board active ,a,t or ,arrant rot.subJect Js 0,, rile. ( ) /~n active Narrant or Nant does exist and folio, up .ill occur. I rives t. I~ja t.~ ' ~ Sebast tan Poi Ice l)euar t,,ent Pos, Office 13ox l~lOl Sebesllm~t. rL 3~gr8.Ol . 3. 4. NAME: HOME ADDRESS: HOME TELEPHONE: BUSINESS: ~C T~st 6. 7. 8. 9. BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY N'UM~ER: DRIVERS LICENSE NTJ~ER: o o q'/ .... RESUIWE OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) i0. Voter registration no. ~3.7..7_~ il. 12. 13. 14. Are you a resident of the City? Length of Residency Do you hold a ~ublic office? Do you ser~e on a City Board at present? ~es ,x No ~es, No K PLEASE C~ECK THE SOARD(S) TOU ARE ~NTERESTE~ IN SERVING ON: (Please number in order of preference with first choice being "~' ) *BOARD OF ADJUSTMENT CEMETER~ COMMITTEE *CODE ENFORCEMENT BOAR~ *CONSTRUCTION BOARD *PLANNING ~ ~ONING ~ICAPPED CO~ZTTEE 16. What qualifications dc ~u have to seize on this board? 17. What reasons' d~]'~cu have 'for wishing to serve on an advisor-/ board2 : ~ .... I 18. Have you ever been convicted of any fmlony or any misdemeanor involving moral turpitude in t~ls or any state7 I 19. Would you consider serving on another 8oard other than the I one(s) you selected above? Yes ~____ No I hereby certify that I am qualified to hold the ~osition for I which this a~plication is made. Further, I hereby authorize the Cit~ of Sebastian to investigate the truthfulness of ali information which I have Urovided in this a~Ulication. understand that any misreuresentation or omission of information I requested in this a~plication is cause for disqualification or removal. i understand that the City Council of the City of SEBASTIAN may i . suspend or remove from office anF municiuaI board member for ~lfeas~nce, misfeasance, neglected duty, habitual drunkemness, ~ ccm~e=ence, or Uermanent inabilit~ to ~erfor~ his official I duties. Further, ~ understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of hi~ office or who is' I ~~:~o~ informed agains~ for the commission of an~ felonF Subscribed and sworn to daf of~ j . , who is personal~ ~nown to me or has '"Produced ~I~W/~ ~/~.~$~7W. ~.~- as identification. ~ ws- form\ a.u~ l Lcation HARIt '¢ f 167 [)~'t:,t~C~'? A,:~.:..~,. Sebastian, Florida (~07) RESUME UPDATE NEW ADDR£SS: fELEPHONE: WorkExperience: 4/90 to present 767 Dempsey Avenu~ SebasCian, FL 32950 (401) 288 26EI )lC TEST- Test technician, testing circuit NAME: ADDRESS: TELEPHONE: DATE OF BIRTH: MZtRITAL STATUS: Harley T. Andrews 7580 Greenbo~o Drive ti West Melbourne, FI~ 32904 (407) 728-5983 December 3, 1934 Married ,2 Sons Spouse: Mary James, Age 24 John, Age 21 4~7~69 to 4/7/89 6/54 to 6/58 Reentered USN 3/59 to 2/69 EDUCATION OTHER FACTS: XEROX CORPORATION: Customer Service Engineer Started as a copier technician for approximately two years. For the past ~8 years, worked on facsimile machines, groups l, 2, and 3, eLectronic typing com- munication systems with disc drives and computer in- terface; work stations, both networking (Xerox Ethernet) and communications, with Xerox"60ffS~ 8000 and servers, as well as facsimile: also trained on 80 and 300 megabyte driveS. UNITED STATES NAVY: First Class Aviation Electricians Mate From i960 to 2/69, worked on single engine jet and single and multiengine r~ciprocal aircraft testing, trouble-shooting and repair of aircraft electrical systems from schematics and wiring diagrams. Also worked on various mechanical instruments, electrical instruments, electro hydraulic control systems, synchr6s and servo mechanism, and gyros and compass systems. From 1962 to 1965, set up and managed the meter calibration program at NAS Miramar, San Diego, California, which calibrated and repaired various types of multimeters and vacuum, tube volt meters. Also performed frequency response tests. Served as Shop Supervisor and Qualtiy Control Inspector at NAS Lemoor from 1966 to 1969. June, 1954, graduated from Rush-llenr[ctta [/igh School in Rochester, New York. Attended San Oiego Junior College in 1958 working for an Associated Arts Degree in Electronics. U. ~. Navy Schools: Success£u[[y completed Aviation Electricians Mate Schools, Class "A" and Class which covered basic and advanced electrical and elec- tronic theory and application with related subjects. Also completed various supplementary cour.ses in the Naval Air Technical Command [ncltldi. ng [.ear vertical. Gyro Indicating System ,3nd AJl~J/Ail-Attitude Bombing Navigational System. T{ad a National Agency securi, ty check up to and incl. uding SECRET ' during Naval tour of. duty. DAlE : IU : FRLH : SLUJEC f : JL J I December 31, 1992 Kathryn M. O'Halloran, City Clerk hlve$lly~lor McCarthy War,l/War rant Cl~eck - /lplil Icaf;l Posl Olilco 13ox 7ti017 Sobaallan. l-L {4or~ L II ne, Oer reveal il,aL: Harley T. Andrews the above referenced apoltcant/board active .a,,t ur .arrant rot .suOJect Is c,. rile. active ,arra,,t or ,ant does exlst and folio, ul~ ,ill occur. TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE i~OX 780127 c~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Invest[~ation = Board ADDlica~gq Harley T. ~ December 28, 1992 Attached please find board application of Harley T. Andrews for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /js Enclosure . 5. 6. 7. HOME TELEPHONE: 4(37-388-;~SS1 BUSZNESS: hom~owner'~ t~un_dtng ~l;eme BUSINESS A~DRESS: 1131 Miv~le Ni~.~Vero Beach, FL BUSINESS TELEPHONE: 407-770-a700 SOCIAL SECURITY NTJM~ER: DRIVERS LICENSE N~ER: Floeida) RESUME OF EDUCATION AND EXPERIENCE: a~ached (use additional sheets, if necessary or submit resume if available) 10. Voter registration no. 11. Are ~ou a resident of the City? No 12. Length of Residency 13. Do you hold a Dublio office? Tea No x 14. DO ~ou serve on a Citsr ~oard at Dresent? ~es No x 15. '-PLEASE CHEC"K THE BOAR~(S) ~OU ARE INTERESTED IN SERVING ON:' fPlease number in order of ~reference with first choice being *BOARD OF ADJusTMeNT CEMETER~ COMMITTEE *CODE ~_2¢FOR~ BOARD *CONSTRUCTION BOAPJ3 *PLA/~NINGARD ZONIN~ HANDICAPPED COMMITTEE 16. What qualifications do you have to serve om this board?'' ! ~1~o believe a.k~¥~mn'~ coin= oF view is imoo~t~=, scme=ime~ "~eF~es~img." '- !7. What reasons do you have for wishing to se~-~e on a~ adv±so~-/ board? way, , i 18. Have you ever been convicted of any felony or any mis~:.emeanor involving moral turpitude in this or any state? I . __ '".,' -~g. Would you consider serving on another Board other than the I one(s) you selected above? Yes ~ No I hereby certify that I am qualified to hold the position for I which this application is made. Further, I hereby authorize the City cf Sebastian to investigate the truthfulness of all information which ~ 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 I understand that the City Council of the Cit-f of SEBASTIAN may suspend or remove from office anF municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, I incompetence, or permanent'inability to perfor~ his official duties. Further, I understand that the City Council may 'suspend any municipal board member who is arrested for a felony or for a I misdemeanor related to the duties of his office or who is indicated om informed against fo=the commission of any felony or misdemeanor. ' I I hereby authorize the Sebastian Police Oepar~ment to run an App gnaturs I X ws - form~ app 1 ica tlon Mary P. Andrews 767 Dem~sey Avenue Sebastian, FL 329~8 TELEPHONE: (407) 3~2651 EIXICATION: WOR; HISTORY 10/gO to l/gl AND Graduated from Albert Leonard High School, New Rochelle, New York, comgleting three year Secretarial Practice Course with an A+ average. Iona College, New Rochelle, N. Y., one se~ster, class in ~overnamnt. New York University, one semmster, class in Psychology. Me,er National Honor Society BALE INOIAN RIVER OROV~, Wmbasso, Florida Custmmr Service I~p:. Trucking papers, drop ships, main- raining mailing lists for catalogues, Accounts Receivable cor- respondence, customer orders and questions, data entry. m office Assistant: Omta entry, purchasing, reconsil- 10/89 to i~g ve~or's statements, filing typing, minutes, truck papers/ 1/gO schedules, handling all cormspondence far Mr. ~lale, the President° Set up new filing syste~ and better mmthods of recordkeeptng (for t~ck logs, etc.). Letter of recam- mendati on oval 1 able. 1/12/83 Iffn.EPE)fl)ENC£ Hlgl SC~(X)L, San Jose, California 4/7/89 Caumeflsatary Education Secratarz ,,(Oeaartmnt Secretary) m set up and mt ntal ned "fl l l ng syste~, budgets and system of recordk~eptng for seven State and Federml Programs con- sisting of 42 projects, overseeing to the ftscal res~ansi- m btlity of mil Project Coordinators and program budgets. Cam~osed/l)istributed a~ correspondence/staff notices. Purchasing, t~vel arrmflgemeflts and pregar~ttoa/overseeiflg monthly time czrds for s~pl~n~ p~g~ ~oflnel. ~a~lna~ ~01 S~ff ~o~tttan P~g~. ~r I~ S~ff ~vela~nt ~tt~e. P~Ject Coo~inm~r for I~ Clmssifi~ S~ff ~velo~nt p~g~ for ~l~g school ~ar. ~blish~ a ~d~ok for P~Ject Coo~tnata~ for school. Assisted Suggl~n~ P~g~ Caa~ina~ tn a~nizing mhd p~sentlng ~nd~ek mt P~Ject Caa~ina~ ~r~ap . tn August, 1~. Wart~ clasel, y ~th and sat on I~ School Si~ ~uncil ms gaveling baa~ of all the Supgl~n~ P~g~. ~tings, ~nu~s/~il lng lists. SKILLS: OTHER FACTS: Typing(55 Wlam); Shorthand (80 ~pm); ca~uter, data entry; Xerox )ee~r?~ter; ~adak Ektaprint; lO-key, mod cam- ~nication skills (~itten, verbally, phone). Understand and speak conversational Italian. Had Federal ~avermnent Security Clearance to "SEC,tET.' Addresses and job history prior to 1983 on r~yerse. List of references available. JOB EXPERIEHCE CONTINUED MAXIPOWER TEII~OP, ARY SERYICES, San Jose, California. 1/82 to 1/83 Secretarial work for a variety of firms in the Santa Clara Valley, including Memorex Corporation and secretary to the Vice President in charge of Marketing for National Semiconductor. Took this opportunity to bring my secretarial skills back to a professional level and to familiarize myself with current office equipment and practices. From December, devoting full volunteer work. 1964, to January, 1982, was retired from the business world, time to husband and family. Held on to my skills by doing FROM 1949 - 1964 FEDERAL AVIATION AGENCY. General Aviaiton District Office, Lindbergh Field,. San Diego, '~'i~rnia, Se~retary-Steno. Genera) office work, certification and testing of pilots, accident and expense reports. B~JRY, E FOUNDATION REI4ABILITATION HOSPITAL, White Plains, Hew York.' Secretary, Out Patient Department, and Secretary to Coordinator of Rehabilitation Services. Performed administrmtive duties inherent to the Out Patient Department, handled the coordination of rehabilitation program~ for patients, light bookkeeping, patient scheduling/appointments, correspondence and medical transcription. F)~a,~K P. BEJ~NEI'F & COHPAN¥, New York, NY. Secretary to Vice. President. Publisher of an investment, banking, and insurance magazine. Secretarial Duties, phones, correspondence, receptionist, advertising records. PAP, AI~OUNT FIL~ D. ISTI~IBUI'ORS, II~C.', Los Angeles; CA, Confidential Secretary to Divisional Seles Manager. Typing, filing, phones, correspondence. SOUll(-WESll-'I~J~ PUBLIS~4ING CO~PANi', New Rochelle, NY. Private Secretary to Assistant Manager. Sho~'thand, typing, correspondence, and maintained stock inventory. BOY SCOUTS OF AI~Et~ICA, New Rochelle, NY, Junior Secretary General Office Work, receptionist, typing, filing, mailin~I lists, certification of Scouts, minute~ and meeting notices. AOOP, ESSES Independence High School 1776 Educational Park Drive San Jose, CA 9~133 (~08) 729-3938 Diane Guidici, Coordinator State and Federal Programs Hale Indian River Groves 92~ U. S. Hwy. 1 Wabasso, FI. 32970 (407) 589-4334 Mary Manser Office Manager RESUME UPUA[E Ma_~?y P. Andre.s homeawner~ Funding ~yeCem~ /mc, 1131 Miracle Mile, \leto ~each, FL 3~960 PHONE'i' 407-770-4700 Am a[~o Tr~aaurer oF ~he ~al[an-Amer[cam Club oF Seba~aian, Vice Chairmam oF ~he ~. Sebas~ian'~ Women's Guild, Evening D[vi~ion, and a member oF 8eta Sigma Phi, \leto Beach Laureate TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 cl :SEBASTIAN, FLORIOA 32978 TELEPHONE (407) 589-5330 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk I.n~esti~a~ion = B.oa~d AmDlication Ma~yP.~ December 28, 1992 Attached please find board application of Mary P. Andrews for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /is Eric losure [ ~ SEI)/tS'I'DLN l'OLigbl m ,,, I)I~PA ICl'I~l ...... I~N'I' ~nile L. Petly, Chief of Police i UAIE : IU · ),!EHUllAIIUUH December 31, 1992 Kathryn M. O'Hallo:an, City Clerk PosI Ofllco Oox 7rlOIC Seba3llan, Fl. (4ri;') FRU.I : [nveslJuolor McCarthy SLU~Cf : Want~o[ror,l El~ck- April leant Mary P. Andrews A ctleck for wnn[$/warrar,Ls fo~ the above referenced 8pol[canl/board n~ber reveal ti,aL: ~ ~ active ~o,,t or uafron[ Fo,.subject Is un File. ( ) An active warra~,l ,)r want (Joes exist and Follow up uill occu[. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: RESOLUTION R-93-14 SIDE LOT CULVERT INSTALLATION ) ) Approved for Subm~tal By: ) ) City Manager &~ / F F - ) ) ) ) ) EXPENDITURE REQUIRED: ) Dept. Origin ENG/PW Date Submitted 04-21-93 For Agenda of 04-28-93 Exhibits: City Attorney letter dated 4-20-93. Resolution R-93-14 and side lot culvert agreement, Application Form AMOUNT APPROPRIATION BUDGETED: REQUIRED: SUMMARY STATEMENT As directed by City Council, at the workshop meeting of March 3rd, 1993, staff has prepared Resolution R-93-14 for side lot culvert installations as based on a flat fee per lineal foot. It was staffs understanding that the City Council had agreed to the following: 1. Establish a flat rate of $15.00 per lineal foot for , culvert pipe installation. 2. Establish the average pipe size as being 24" in diameter. 3. Reduce future Maintenance Costs. 4. Provide an incentive to owners to have the culvert pipe installed. 5. Provide greater participation to residents with deeper and harder to maintain side lot drainage ditches. 6. Eliminate the responsibility of homeowners to maintain the culvert pipe. Following the guidelines established by the workshop meeting of March 3rd, 1993, staff feels that the proposed Resolution meets with each of these individiual goals. ~ In addition, the City Attorney has prepared a generic side lot culvert agreement which identifies the following; 1.) Property owners, 2.) The amount of pipe and size to be installed, 3.) The total cost as based on $15.00 Der lineal foot which shall be paid prior to installation, 4.) Identifying the .City's right to remove, replace or repair DiDe and the owners responsibility to remove fencing or other obstructions within a week should the City require access to the easement, 5.) The owner shall indemnify the City and hold harmless from any and all liabilities, cost damages, or actions and attorneys fees. Staff has reviewed the application for a side lot culvert installationn identifying the necessary documents and .establishing an application fee of $50.00 which is the same fee that was established by the previous Resolution R-88-37. RECOMMENDED ACTION Move to approve Resolution R-93-14 and Side lot culvert agreement. ~'~I:LESE. NASH (~ TOtLPY. p.A. ATT0 R.'~EYS AT 930 S. H=u~soR C~TY BLm. SU~T~ 505 · %~ELBOU~'~E. ~0~A 32901 (40~ 9~-3300 ~ (40~) 961-3741 April 20, 1993 Mr. Daniel Eckis City of Sebastian P.O. Box 780127 Sebastian, FL 32978 Re: Resolution No. R-93-14 Our File No. 93-9536 Dear Dan: Enclosed is the final version of Resolution No. R-93-14 regarding side lot culverts. Also, I have enclosed a form for a side lot culvert agreement which you may' use in conjunction with the resolution. Finally, I have attached, as Exhibit "A" to the resolution, the application for a side lot culvert. With regard to the side lot culvert agreement, there are several issues which you must be made aware of in utilization of this form. First~ although the City is contracting with these individuals to install these culverts, I have not prepared a voluminous agreement which I would typically recommend in a situation such. as this. Rather, I have prepared a condensed version that, hopefully, will not intimidate the residents. This agreement has been prepared for the owners of two lots. Obviously, the normal facts will involve two adjacent property owners jointly requesting the City to install a culvert pipe between their properties. It can be anticipated, however, that there will be instances when you will not have two land owners applying for a culvert. In this instance, it will be necessary to modify this agreement to reflect facts as they are presented. Paragraph 2 is of particular importance in this agreement. I have not included any provisions with regard to payment or liability for payment. The reason is because paragraph 2 requires all work be paid for prior to any work being performed. It is anticipated that citizens utilizing the City for this purpose will pay the total Mr. Daniel Eckis City of Sebastian April 20, 1993 Page -2- amount of costs up front, prior to the City conducting any work. As a result, there should not be any problems related to collection after the work is performed. Finally, the agreement I have prepared includes an indemnification and hold harmless provision, as well as a release of liability provision. I have included these provisions to provide some protection to the City in the event of problems related to performance of these tasks. If you have any questions with regard to the resolution, agreement or application, please contact me. Sincerely, FRESE, NASH & TORPY, P.A. RET/lb Enclosure Richard E. Torpy ~ RESOLUTION R-93-14 ~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER CO T , LORIDA, Rm TIN SIDE LOT CULVSRT VOLIC , vo ~ EST~tBLISHIN~ COSTS, ESTABLISHING ANAPPLICATION FOR SIDE ~ LOT CULVERT, EST~LISHING~PLICATION FEE~ ~UTHORIZING TaE CITY ~Ea ~ C~TY CL~ TO E~ER SrDE LOT C~VEaT FOR REP~ OF ~ESOLUT~ONS OR P~TS OF ~ESOLUT~ONS ~N P~OV~D~N6 FOR ~ EFFECTIVE D~TE. ~ER~S, the City Council of the City of Sebastian deems i~ ~o be in ~he best interest of ~e City to 9ar~iciga~e in the installation of side lot culverts for 9rivate residences; and ~ER~S, it is in the best interest of the City to 9articigate in the installation of side lo~ culverts, thereby eliminating side yard ditches or dee9 swales, resul=ing in future maintenance cost reduction to the Ci=y; and ~E~S, ~he City desires =o 9rovide cost saving incen=ives to 9rogerty owners to encourage the installation of side lo~ culverts; and ~ER~S, 9romo~ing ~he ins=allation of side lo~ culverts will reduce future side lot drainage 9roblems in new const~ction by 9romo~ng =he free flow of s~face wa~er ~noff; and ~ER~S, the City Manager and City Engineer have rec0~ende~ to ~he City Council to enac= ~is resolution and to allow ~he City's 9ar=icigation in the installation of side lo~ culverts to be ~onduc=ed on a case by case basis; NOW, THEREFORE, ~E IT RESOLVED ~Y THE CITY CO~CIL OF THE CITY OF SE~ASTI~, INDI~ RIVER CO~TY, FLORIDA, AS FOLLOWS: SECTION %. SIDE LOT CULV~T POLICY. It shall be the 9olicy of the City of Sebastian to participate, where practical, in the installation of side lot culverts. Further, it shall be the policy of the City of Sebastian to establish a standard price, based upon the average cost to the City for installation of a 24" diameter culvert pipe, to be offered for installation of side lot culverts. It is the intention of this policy to offer a price to property owners, within the City of Sebastian, for the installation of side lot culvert pipes which will be less than can be obtained by citizens through private contractors. SECTION 2. COST. The cost for the City's installation of a side lot culvert, within the City of Sebastian, shall be $15.00 per linear foot of pipe installed. This rate may be amended from time to time by City Council. SECTION 3. APPLICATION FOR SIDE LOT CULVERT. Each applicant, desiring the City to install a side lot culvert, shall apply to the City for a side lot culvert permit. The application shall be made in a form approved and adopted by the City. An application for a side lot culvert will be considered by the City staff only after the application is completed in its entirety, all supporting documentation has been submitted to the City, a side lot culvert agreement signed by applicants, and the filing fee for said application has been paid to the City-. The City of Sebastian hereby adopts a standard application form to be used by applicants who desire to apply for a side lot 2 culvert pursuant to this policy. A copy of said application is attached hereto as Exhibit "A". ~-~'~ ~ 2"~4~-~ t/Vid~~)~--~ SECTION 4. APPLICATION FEE. The application fee for the City's review of an application for a side lot culvert shall be $50.00. This fee may be amended by action of the City Council. SECTION 5. SIDE LOT CULVERT AGREEMENT. The City Manager and City Clerk are hereby authorized to execute such agreements, after approval as to form and content by the city of attorney, on behalf of the City of Sebastian as are necessary to implement this policy. Prior to acting upon an application for side lot culvert, the applicant must execute a side lot culvert agreement, and submit said agreement to the City along with the application for side lot culvert. ~ ~CTION ~. CONFLICT. or parts of resolutions in conflict herewith Ail resolutions ~e hp~eby repealed- ~ION ~ REPEAL OF RESOLUTION NO. R-88-37. / Resolution No. R-88-37 is repealed in its entirety. SECTION 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTiO~.~.9. 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 Coun¢ilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN ATTEST: By- Lonnie R. '~owe~l, Mayor Kathryn M. O'Halloran, CMC/AAE, City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 4 CITY OF SEBASTIAN, FLORIDA APPLICATION FOR SIDE LOT CULVERT INSTALLATION DATE: We, the owners or authorized agent, of the below described lots, request a permit to install a side lot culvert between the following lots: Leqal Descri~%Dn of Lots: #1 Lot , Block Subdivision #2 Lot , Block Subdivision Owners by Deed ~Name and Addres.~) , Unit , Unit #2 The following documents must be submitted with this application: 1. A plot plan showing the location of the pipe. 2. Warranty Deed(s). 3. Side Lot Culvert Agreement (signed by applicant(s)). Application fee of $50.00. The application fee is non-refundable once the City of Sebastian proceeds with the review. The application and fee is for'normal applications and the city of Sebastian, if just cause is found, may require additional material and additional fees. OWNER OWNER OWNER OWNER EX~IBi~ "A" (Approved by Resolution No. R-93-14) CITY OF SEBASTIAN SIDE LOT C,U~.VERT AGREEMENT This agreement, entered this day of , 19~, by and between the City of Sebastian, Indian River County, Florida, a municipal corporation (hereinafter referred to as "City") and (Owner of Lot ~1) and .(Owner of Lot #2) (hereinafter collectively referred to as "Owners"), hereby agree as follows: WHEREAS, the Owners own adjacent property as set forth in Exhibit "A" of this Agreement; and WHEREAS, the Owners desire to install a side lot culvert on the public utility easement between their property; and WHEREAS, the Owners wish to obtain the economic and maintenance advantage of retaining the city, or the city's designee, for the purDose of installing said side lot culvert. NOW, THEREFORE, the City and the Owners hereby agree as follows: 1. The Owners agree ~hat the City, or its designee, is hereby granted permission to install linear feet of (diameter of pipe) reinforced concrete pipe, cover same, and contour the surface for surface drainage in the utility easement on the side of Lot ~1 and the side of Lot #2, in accordance with the requirements of the City of Sebastian ( said lots being more particularly described and attached as Exhibit "A" of this Agreement). ~. The Owners agree to pay to the City, after obtaining a permit; and prior to any work beinq performed, $15.00 per linear foot of culvert pipe installed, for a total price of $ 3. The Owaers agree that the city has the absolute right to require the removal, replacement, and/or repair of said pipe, the reopening of the side swale ditch, or other corrective measures as are deemed necessary by the City. The Owners further agree that the Owners shall be responsible for removing any vegetation, fencing, or other obstructions, within one week of receiving written notice from the City, should the City require access to the easement for the performance of necessary maintenance or repairs. 4. The Owners shall indemnify and hold the City, its officers, agents, employees and representatives, harmless from any and all liabilities, costs, damages, actions, attorneys' fees (including attorneys' fees to enforce the provisions of this agreement), and expenses from any and' all claims or causes of action for bodily injury, death and property damage arising from or in connection with the work performed by the City hereunder, or by reason of any claim or dispute of any person or entity for damages from any cause directly or indirectly related to any action or failure to act by the City, its employees, representatives, subcontractors, suppliers or agents. 5. In consideration of the cost savings provided to the undersigned Owners by the City, the receipt of which is hereby acknowledged, the undersigned, individually, and on behalf of their heirs and assigns, hereby releases the City, its council members, officials, officers, emDloyees and representatives, from any and all claims, actions, causes of action, suits, demands, injuries, damages, contracts, monies, attorneys fees, or claims of any nature or description whatsoever, including, but not limited to, those claims that arise from intentional acts, negligence, contracts, and statutory claims, which now exist, or which might hereafter accrue. 6. This agreement shall be governed by the laws of the State of Florida. Venue in any action arising herefrom shall be Indian River County, Florida. WITNESSETH: OWNER LOT #1 The foregoing instrument was acknowledged before me this day of , 1993 by , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC Printed Name My Commission Expires: 2 WITNESSETH: OWNER LOT #2 The foregoing instrument was acknowledged before me this day of ..... , 1993 by .~, before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY P~sLIC Printed Name My Commission Expires: CITY OF SEBASTIAN ATTEST: By: Robert S. McClary City Manager Kathryn M. O'Halloran, CMC/AAE, City Clerk (SEAL) Approyed as to Form and Content: Charles Ian Nash, City Attorney CITY OF SEBASTIAN, FLORIDA APPLICATION FOR SIDE LOT CULVERT INSTALLATION DATE: We, the owners or authorized agent, of the below described lots, request a permit to install a side lot culvert between the following lots: L~al Description of Lots: fl Lot , Block Subdivision ~2 Lot , Block Subdivision Owners b~ Deed (Name and Address~ , Unit , Unit ~2 The following documents must be submitted with this application: 1. A plot plan showing the location of the pipe. 2. Warranty Deed(s). 3. Side Lot Culvert Agreement (signed by applicant(s)). Application fee~ of $50.~0. The application fee is non-refundable once the City of Sebastian proceeds with the review. The application and fee is for~ normal applications and the City of Sebastian, if just cause is found, may require additional material and additional fees. OWNER OWNER OWNER OWNER EXEIBIT "A" (Approved by Resolution No. R-93-14) City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA FORM SUBJECT= Resolution No. R-93-19 Public Input & Introduction of Business Procedures APPROVED FOR SUBMI BY: City Manager: Agend~ ~o. ~J.//~ Dept. Origin City Clerk Date Submitted 4/22/95 For Agenda Of 4/25/93 EXhibits: R-93-19 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: The city Council, at its April 7, 1993 workshop, recommended certain amendments to resolutions governing public input and introduction of new ~usiness from the public procedures. Resolution No. R-93-19, amending Resolution No. R-89-30, is attached. Adopt Resolution No. R-93-19. // \ RESOLUTION NO. R-93-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIFER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-30, PERTAINING TO PUBLIC INPUT AT CITY COUNCIL MEETINGS; PROVIDING FOR DEFINITIONS; PROMULGATING GENERAL RULES OF PROCEDURE FOR PUBLIC INPUT AND INTRODUCTION OF NEW BUSINESS BY THE PUBLIC AT CITY COUNCIL MEETINGS; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR P~RTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian deems it necessary to enact certain rules of procedure governing public input at its meetings to provide for the orderly conduct of its business for the public health, safety, and welfare of the city of Sebastian, while preserving the rights of the members of the public under the First Amendment to the United States Constitution. NOW, THEREFORE, BE IT RESOLVED BY THE CIT~ COUNCI~ OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that= ~ 1. DEFINITIONS. The City Council hereby adopts the following definitions for purposes of this Resolution: A. Chair. Where used in this Resolution, the term "Chai~' shall mean the Mayor or in the absence of the Mayor from the City Council meeting, the Vice Mayor or in the absence of both the Mayor and Vice Mayor from the City Council meetinq, the senior member of the City Council. B. ~ ~tem. Where used in this Resolution, the term "agenda item" shall mean an item contained in the agenda provided to the City council for the City Council to consider at its meeting. C. ~ew Business. Where used in this Resolution, the term "new business" shall mean an item introduced by the public and heard under the "Introduction of New Business from the Public" portion of regular meetings. D. City ou~ ~. Where used in this Resolution, the term '"City Council meeting" shall mean any workshop, regular or special meeting of the City Council. E. Si~n-UD Sheet. Where used in this Resolution, the term "sign-up sheet" shall mean the forms made available by the City Clerk to members of the public prior to the City Council meeting for any number of the public to sign indicating that he or she wishes to address the City Council at the City Council meeting and indicating the agenda item, public hearing item, and/or new business item which the member of the public wishes to address. F. Introductio~ ~f ~ew Business from the Pub.~ic Sect%on. Where used in this Resolution, the term "Introduction of N~w Business from the Public Section" shall mean the portion of Cfty Council meetings, specified on the regular meeting agendas only, during which new business shall be received by the City Council. 'SECTION [. GENERAL RULES OF PROCEDURE. The City Council hereby adopts the following general rules of procedure for public input at city Council meetings: A. An individual who wishes to address the City Council at a City Council meeting with respect to an agenda item on the City Council Agenda shall address the City Council immediately prior to the deliberation of the item by the City Council. B. Individuals shall not address the City Council after the commencement of city Council deliberations on an agenda item after the public input has been concluded. Provided, however, that this rule of procedure shall not prevent the Mayor and members of City Council from recalling an individual to provide additional information or to answer questions. C. Individuals shall have the opportunity to address the City Council if they have signed the sign-up sheet prior to the commencement of the City Council meeting with respect to an agenda item on a first come, first heard basis. In addition, individuals shall have the opportunity to address the City Council during public hearings held in accordance with any federal or Florida law, the City Charter, the Code of Ordinances of the City of Sebastian and the Land Development Code of the City of Sebastian. D. Any individual wishing to introduce new business to th~ City Council during the Introduction of New Business from the Public section of Regular City Council meetings shall indicate this by signing the sign-up sheet available to the public in the City Council chambers or the City Clerk's office prior to the commencement of the City Council meeting. Individuals shall have the opportunity to address the City Council during the Introduction of Business from the Public section of regular meetings if they have signed the sign-up sheet prior to the commencement of the regular city Council meeting on a first come, first heard basis. Individuals are encouraged to first meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the Public by noon on the Thursday preceding the Reqular Meeting and provide documentation for inclusion in the agenda packet. E. Notwithstanding any other provision contained in this Resolution, no public input shall be allowed at a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. F. Notwithstanding any other provision contained in this Resolution, Introduction of New Business from the Public shall not be allowed at city Council Workshops. The City Council, by & unanimous vote of the members of City Council present at the City Council meeting, may modify the City Council agenda for such meeting to add an additional agenda item and, in such event, an individual who wishes to address the City Council with respect to the new agenda item shall be afforded a reasonable opportunity to sign the sign- up sheet for such new agenda item. ~. Individuals shall be limited to ten (10) minutes in making oral presentations to the City Council, except if extende~ by the Chair or reduced by the Chair based on the amount of time available. Individual may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk. Discretion is given to the City Manager to determine whether copy costs should be levied. I. The City Clerk shall present the sign-up sheets at the commencement of the City Council meeting to the Chair. Public input shall be limited to those individuals who have signed the sign-up sheets prior to the commencement of the City Council meeting. J. Ail public input shall be addressed to the Chair, unless answering a question of a member of the City Council or City Staff. ~ 3. CONFLICT. All other 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 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 Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and e~fect. SECTION $. EFFECTIVE DATE. This Resolution shali take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember Councilmember the vote was as follows: 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 Coun¢ilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this ...... day of , 1993. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Lonnie Powell, Mayor Kathryn M. City Clerk O'Halloran, C C/AA . Approved as to Form and Content: Charles Ian Nash, dity Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 T-'LEPHC qE (407 ii SUBJECT: RESOLUTION R-93-21 ) GRANTING A TIME EXTENSION TO ) SEBASTIAN INLET MARINA AND ) TRADING COMPANY ) Approval for Submit.tel By: ) Date City Manager ....... </ ' ) TELEPHONE (407) 589-53,30 ca FAX (407) 589-5570 Dept. Origin: Communi_t~ DeveloDme..nt Submitted: For Agenda Of: ) Exhibits: ) 1. ) 2. ) ) 3. ) ) 4. ) ) 5. ) ) 6. 4/22/93 , 4/28/93 Resolution R-93-21 Letter dated April 19, 1993 from Tom Collins Letter dated April 21, 1993 from Richard Smith Letter dated April 20, 1993 from Robert Kalish Letter dated April 20, 1993 from Richard Smith Ordinance O-92-13 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT IAt its regular council meeting of July 8, 1992, the City Council adopted Ordinance 0-92-13 which would abandon a por~ion of Central Avenue right-of- way provided, all conditions setforth in Section 3 of this ordinance had been imet within 270 days (May 9, 1993) from the date of the Ordinance. Mr. Collins has complied with condition number 7 which required him to reimburse the City of Sebastian for all expenses incurred by this process. IA building permit has been issued for the construction but, due to the past inclement weather, the contractor has been unable to complete this project at this time. Staff has no objections to the granting of a 60 day time extension for this project due to the inclement weather. RECOMMENDED ACTION Move to approve Resolution R-93-21. RESOLUTION NO. R-93-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A TIME EXTENSION OF 60 DA~S IN REGARDS TO THE CONDITIONS SETFORTH IN SECTION 3 OF ORDINANCE NO. O-92--13; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiT~; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian adopted Ordinance O-92-13 on the 8th day of July, 1992 which vacated a portion of the Central Avenue right-of-way located east of U.S. Highway ~1, also known as State Road 5, west of Indian River Drive and north of Main Street provided certain conditions were met. WHEREAS, the City Council has determined that Sebastian Inlet Marina and Trading Company has shown sufficient cause to extend this project for an additional 60 days due to inclement weather conditions in the past. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: ~ection 1. TIME EXTENSION. A time extension of 60 days shall be granted in accordance with Section 3 of Ordinance O-92-t3 giving the applicant a total of 330 days from the date of Ordinance 0-92- 13. Section 2. CONFLICT. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILIT~. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Sect~,on, A. EFFECTIVE DATE. immediately upon final passage. The foregoing Resolution Councilmember Councilmember vote, the vote was as follows: This Resolution shall take effect was moved for adoption by . The motion was seconded by and, upon being put into a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember No=ma J. Damp Councilmember Robert J. Freeland adopted this The Mayor thereupon declared this Resolution duly passed and day of .... , 1993. CITY OF SEBASTIA/~, FLORIDA By: Lonn£e R. Powell, Mayor ATTESt: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 2 - I Capt. Hiram's RIVER RAW BAR & SEAFOOD CAFE Home Of The Waterfront Tiffany Room Banquet Facility At Sebastian Inlet Marina & Trading G~ .l;~a_,, y., Inc. ., YS. F .! April 19, 1993 via FACSIMILE & U.S. MAIL Mr. Bruce Cooper Director of Community Development/ Building Official City of Sebastian City ~all Post Office Box 780127 Sebastian, Florida 32978-0127 Dear Bruce, Due to circumstances beyond our control, there is a possibility we will be unable to complete the construction and the closing of North Central Avenue in front of our Capt. ~iram's property as per our agreement with the City. As you know, we have had a historic amount of rainfall and bad weather over the last two months, so our Contractor, White Stone, inc., has experienced delays {n getting his sub-contractor, Martin Paving, Inc., to complete the job. There is some confusion in the ordinance, however to be safe, we thought we would request a 30 or 60 day extension from the suggested completion date of May 9th. At this point, we have complied with most of the requirements of the ordinance which include obtaining the required improvements from the DOT and the City, reimbursing the City for all their expenses, and working with the utility companies regarding any relocations. All that remains is the completion of the basic construction work which is now underway. Corporate Office: 9301 N A-I-A, Suite 4, Vero Beach. FL 32963 PHONE (407) 589-8000 F,~X: (407) 589-5 I00 Mr. Bruce Cooper April 19, 1993 Page 2 We would request you put our item on the next agenda, wherein we would request the City Council extend our completion date by resolution. Please feel free information. to give me a call if you need any additional Thomas H. Collins cc: White Stone, Inc. Martin Paving, Inc. Martin Carter Jim Hoffman I I I I I I I i I I I I I I I I I I I WHITE STONE White Stone Associates, Inc. 13895 Indian River Drive Sebastian, Florida 32958-3463 (407) 589-8210 April 20, 1993 Mr. Thomas H. Collins Sebastian Inlet Marina Corporate Office 9301 North A1A, Suite 4 Veto Beach, Florida 32963 Subject: Construction of U.S. Highway One Access (the "Project") Dear Tom, As you know, a building permit was obtained for the subject Project in January of this year. The major portion of the work was subcontracted to Martin Paving Co., the FDOT contractor for the median, drainage and related improvements along U.S. Highway One through Sebastian. This was done at the request of the FDOT in or, er to avoid potential congestion and traffic conflicts within ~heir right-of-way. Because of delays in t'he FDOT contract, the work under our agreement with Martin Paving Co. has also been delayed. Instead of our Project having been completed during the first part of April, it now has been set back by approximately a month. It is my expectation that the Project will begin this week, but will not be finished for several weeks. After Martin completes their work, landscaping, irrigation, etc. will still have to be done. Of course, if further weather delays occur, the schedule will again have to be adjusted. Mr. Thomas H. Collins April 20, 1993 Page 2 Please accept my apology for these delays; ~owever, once the decision was made to work in conjunction with the FDOT, some of our control was forfeited. The Project will, nevertheless, be completed in a quality manner as you expect, and it will be finished just as soon as practicable. Should you have comments or questions, please contact me. Enclosure WHITE STONE White Stone Associates, Inc. 13895 Indian River Drive Sebastian, Flodda 32958-3463 (407) 589-8210 April 21, 1993 Mr. Bruce Cooper Director of Community Development/ Building Official City of Sebastian City Hall Post Office Box 780127 Sebastian, Florida 32978-0127 Subject: Construction Of U.S. Highway One Access to Capt. Hiram's Dear Bruce, For your review, I have · enclosed copies of letters sent to Tom Collins explaining the delays associated with the completion of the subject construction project. If you need further information supporting Mr. Collins' request for an extension to the completion date, please give me a call. Thank you for your interest and consideration. Very truly yours, R~lth cc: Thomas H. Collins MAIRTIN PAVIN(~ COMPANY ~r. Riahar~ Sm~ ~SOCIATES INC. 13895 Indian River D=lve ~t Cent=al Avenue Abando~ent Dee= Mr. Smi~, Mar=in Paving C~pany had originally colic=ed to C°mplet~ wo=k on Cent=al Avenue in the ea=!y pa== of April. Due. delays and o=her Florida Depa==men= of Transporta~ion =e~irements, Martin Paving Company will not comple=e ~e work on Cene=al Avenue until early ~a=tin Paving Company is p=oceeding wi~ the wo=k on US and shoul~ have that completed wi=bin a few weeks.. As soon as we ~e su=e ~a= wo=k on US ~ L c=n be completed on time, ~hen all our efforts will be concentrated on Cent=al Avenue. If you have any ques~ions, please contact me. Tha~ you. Sincere ly, ~T~N PAVi~ CO~Y o~en~ j, I I I I I ORDINANCE N0.: 0-92-23 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL AVENUE R~GHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY i, ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida (hereinafter the "City Council"), has determined that a portion of the Central Avenue right-of-way located east of U.S. ~ighway 1, also known as State Road 5, west of Indian River Drive and north of Main Street, in the City of Sebastian, Indian River County, Florida, (the "Road Right-of- Way"), no longer serves the public interest and necessity; and W~EREAS, the City Council, on behalf of the City of Sebastian, (the "City"), has determined that it would be in the best interests of t~e City and its residents to vacate the Road Right-of-Way. NOW, THEREFORE, BE'IT ORDA/_NED BY T~E CITY COUNCIL OF'THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~',ec~on !. VACATION OF ROAD RIGHT-OF-WAy. The City hereby vacates the Road Right-of-Way located in the City of Sebastian, Indian River County, Florida, more specifically described as follows: Beginning at a found 2" iron pipe located at the Southwest corner of Lot 21, INDIAN RIVER HILLS SUBDIVISION, as recorded in Plat Book 4, Page 51, Public Records of Indian River County, Florida; thence South 44 degrees 35' 21" West along the Westerly Dro3ection of the South line of Lot 21, 24.98 feet to the Easterly Right of Way Line of U.S. Highway NO. 1, thence North 36 degrees 40' 33" West along said Easterly Right of Way Line of U.S. Highway No. 1, 321.49 feet to its intersection with the Westerly projection of the North Property Line of Lot 8 of said INDIAN RIVER HILLS SUBDIVISION; thence North 52 degrees 35' 38" East along said Westerly projection of Lot 8, 80.34 feet to the Northwest corner of said Lot'8; thence South 26 degrees 46' 22" East along the Easterly Right of Way Line of Central Avenue a distance of 323.55 feet back to the Point of Beginning, all of the above lying and being in Indian River County, Florida. Sect____io__n 2. PRESERVATION OF EASEMENTS. Notwithstanding any provision contained in this Ordinance to the contrary, the vacation of the Road Right-of-Way as described in Section 1 of this Ordinance shall not ogerate to terminate any public utility easements currently existing in the Road Right-of-Way unless the publfc utilities which currently have an interest in such 9ublic utility easements shall consent, in writing, to the vacation of any .such public utility easements. Sectio___~n 3~ CONDITIONS. The granting of the vacation of the Road Right-of-Way by the City Council 9ursuant to this Ordinance is subject to, and conditioned uDon' Sebastian Inlet Marina & Trading Co., a Florida corDoration, fulfilling the following conditions within Two Hundred Seventy, (270) days from the 2 date this Ordinance is adopted by the City Council, unless such time period is extended by the resolution of the City Council at the sole discretion of the City Council: That the cost of relocating any existing public utilities, including power lines, shall be at the expense of Sebastian Inlet Marina & Trading Co.; provided, that all such relocations shall only to be made with the approval of the utility company and the City Engineer. That Sebastian Inlet Marina & Trading Co. shall obtain the approvals of all governmental agencies, including the Florida Department of Transportation, before effectuating any changes to the Road Right-of-Way. That Sebastian Inlet Marina & Trading Co. shall, at its expense, construct sidewalks with ramps suitable for wheelchair traffic along the Florida Department of Transportation road right-of-way of the Road Right-of- Way that will connect the existing sidewalks 'from the northern boundary to the southern boundary of the portion of the Road Right-of-Way being vacated, at the expense of Sebastian Inlet Marina & Trading Co. · That Sebastian Inlet Marina & Trading Co. shall, at its expense, construct curb and gutter replacement and submit an engineer's plan to the City Engineer for his approval, in addition to the approval to be obtained by Sebastian Inlet Marina & Trading Co. from the Florida 3 Department of Transportation. 5. That Sebastian Inlet Marina & Trading Co., at its expense, shall provide sod to all disturbed lands in the remaining area comprising the Florida Department of Transportation road right-of-way of the Road Right-of- Way. 6. That Sebastian Inlet Marina & Trading Co., at its expense, shall provide a ten (10) foot wide landscape strip in the area ad3acent to the Road Right-of-Way in accordance with the provisions of Section 20A-13.5 of the Land Development Code of ~he City. 7. That Sebastian Inlet Marina & Trading Co., shall reimburse the City for all expenses incurred by the City associated with the process that has led to the consideration of this Ordinance by the City Council, including fees paid to the City Attorney and the expense of advertising the legal notice for this Ordinance. ~ Sebastian Inlet Marina & Trading Co. shall record an Affidavit signed by one of its duly authorized officers .in the Public Records of Indian River Count~, Florida, within said 270 day period attesting., under oath, to the fact that either ali of the conditions listed herein have been satisfied or that one or more of the conditions listed herein have not been satisfied. If one or more of the conditions listed herein have not been satisfied, the vacation of the Road Right-of-Way shall be null and void. 4 Sebastian Inlet Marina & Trading Co., by and through one of its duly authorized officers, shall sign this Ordinance indicating its assent to the conditions contained in this Section 3. Section 4. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida, o__n the effective date of this Ordinance. Section 5. SEVERABILIT¥. In the event a court of competent 3urisdiction shall hold or determine that any Dart of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full. force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective. ~mme~a~eAy-.~o~n--b%~-a~9e~m upon the issuance of a building permit b_~v the City t__o Sebastian Inlet Marina & ~ Co. for any site improvements within the ~ o_~f Central Avenue described in Section 1 of thins Ordinance; provided, however, that this Ordinance shall b__e voi~d a__b initio if no such building permit is issued on or before February 12, 1993. Sebastian Inlet Marina & Trading Co., by and through its undersigned officer, assents to the conditions contained in Section 3 of this ~ The foregoing Ordinance was moved for adoption by Council Member .... ~~ ...... . The motion was seconded by vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Cothncil Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared ~his Ordinance duly passed and -- ~, 1992. ATTEST: ,~I~OF SEBASTIAN, FLORIDA tbry~M. 0 Hallora~, CMC~ City Clerk ! 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 1992, and that following said public hearing this Ordinance was passed by the City Council. at~ ~. o aall0r~n~ C~C/~AS City Clerk Approved'as to Form and Content: Charles ~an Nash, City. Attorney 7 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 cl FAX (407) 589-5570 SUBJECT: Creating a new job description for the Golf Course for an Assistant Golf Professional APPROVED FOR. SUBMSTTAL BY: City Manager: ~ ~-~ AGE DA Dept. Origin GOLF C0UR~K Date Submitted L4~,,2 1/9 3 For Agenda Of 4~8/93 Exhibits: Reso.~ution R-93--~-2 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT 1. The City of Sebastian Municipal Golf Course needs a position that can assist the Golf Course Pro-Manager with various activities that will help improve the overall quality and profitability of the golf course. 2. The proposed position of Assistant Golf Professional will be able to perform desk clerk duties, but in addition, will be able to provfde customer services, such as providing lessons when the Golf Pro-Mahager is not available, fixing clubs that a member would like repaired, or assisting members with questions or .problems concerning the golf course. 3. Any additional compensation for lessons or club repair would be on the same basis as the Pro-Manager, e.g. on his own time and all monies collected and disbursed through normal city accounting procedures. 4. The proposed position would also be able to play a strong role in organizing and coordinating the Junior Golf program this summer. The golf course needs to attract younger people to help the community by providing positive activities for local youths. 5. The proposed position would not increase the administrative costs at the golf course as a vacant Desk Clerk position will be reclassified to a Assistant Golf Professional at the same salary range in the CWA contract as the Desk Clerk. RECOMMENDED ACTION Move to adopt Resolution R-93-22 adopting the job description as written in "Exhibit A" and to reclassify the vacant position of Desk Clerk to Assistant Golf Professional. RESOLUTION NO. R-93-22 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ~DOPTING A JOB DESCRIPTION POR THE POSITION OF ASSISTANT GOLF PROFESSIONAL; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR P~RTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE D~TE. BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION A- The job description for the classification of Assistant Golf Professional, attached hereto as Exhibit "A" is hereby adopted. SECTION 3.. The City Clerk is hereby directed to supply a copy of tllis job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. ~CTION 3. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Councilmember Councilmember vote was as follows: Resolution and, was moved for adoption by The motion was seconded by upon being put to a vote, the Mayor Lonnie R. Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Coun¢ilmember Norma Damp Coun¢ilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 19 . CITY OF SEBASTIAN, FLORIDA By: Lonnie'R. P6well, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form. and Content: City Attorney EXHIBIT "A" ASSISTANT GOLF pROFESSIONAL MAJOR ~CTION: Assists Golf Pro/Manager in all phases of golf course operations and management. This is a para-professional position working under the general supervision of the Golf Pro/Manager. ILLUSTRATIVE DUTIES: 1. Assists Golf Pro with tournaments, scheduling special events and classes. 2. Collects greens fees from customers and answers any questions customers may have. 3. Assists in the operation of the golf pro shop. 4. Assists in the preparation of golf administration employee schedules. 5. Assists with the supervision of personnel. 6. Assists with month end inventory and daily, perpetual inventory. 7. Provides' golf instruction for all levels of players. 8. Posts club handicapping. 9. Performs other duties as required. MINIMUM QUAL~F!CA~IONS:i The required skills would be obtained by a high school-degree or diploma and one to two years of experience working at a golf course as a P.G.A. apprentice. Computer experience with Mentor software preferred. KNOWLEbGE, SKILLS, AND ABILITIES: 1. Knowledge of the rules and regulations pertaining to 'golf course operations. 2. Knowledge of good customer relations practices and the ability to carry them out. 3. Ability to keep and maintain accurate records. 4. Ability to supervise staff. 5. Ability to handle money and give correct change. 6. Ability to teach golf to all levels of players. DOC: Assr 4/93