HomeMy WebLinkAbout06221994 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 22, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND iNFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the .Cio, Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members
(Resolution No. R-93-19).
6. PROCLamATIONS AND/OR ANNOUNCEMENTS
present
7. PUBLIC HEARING, FINAL ACTION
PGS 1-14
94.174
PGS 15-24
94.175
PGS 25-26
94.119/
93.245
PGS 27-66
94.176
PGS 67-88
94.177
PGS 89-90
None.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 6/8/94 Regular Meeting
RESOLUTION NO. R-94-35 - Vacation of Easement
(City Clerk Transmittal dated 6/15/94, R-94-35,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FIVE FEET OF LOT 4 AND THE
SOUTH FIVE FEET OF LOT 5, PUBLIC UTILITY AND DRAINAGE
EASEMENT, BLOCK 16, SEBASTIAN HIGHLANDS UNIT 1,
ACCORDING TO THE PLAT THEREOF, REC6RDED IN PBI 5-14,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROViDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Cw
Waive Building Permit Fees for Saint Sebastian
Catholic Church (Director of Community
Development Transmittal dated 6/10/94,
SanGiovanni Letter dated 6/3/94)
Bid Award - City Hall Window Replacement - Capp
Custom Builders - $70,063.75 (Director of
Community Development Transmittal dated 6/15/94,
Bid Tabulation, Bid Specifications)
Receive Code Enforcement Affidavits and Orders -
Sturm, Malone, Holland
Request Use of Community Center - Hullen Wedding
Reception - 7/16/94 - 4 p.m. to 8 p.m. - A/B -
Permittee DOB 12/30/45 - Security Paid (City
Clerk Transmittal dated 6/13/94, Application)
10.
11.
12.
94. 140
]?GS 91-98
13.
94. 178
PG 99
14.
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
ORDINANCE NO. 0-94-07 - Chapter 94 - Public
Service Tax - 2nd Draft (City Manager Transmittal
dated 6/16/.94, Revised 0-94-07)
1st Reading, Set Public Hearing for 7/27/94
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING
TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO CHAPTER
94, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; AMENDING SECTION 94-26 PERTAINING TO
THE LEVY OF THE PUBLIC SERVICE TAX; AMENDING SECTION
94-28 PERTAINING TO COLLECTION BY SELLER; MONTHLY
REPORTS; DELINQUENCIES; AMENDING SECTION 94-29
PERTAINING TO RECORD OF SALES BY SELLER; EXAMINATION
BY CITY; AMENDING SECTION 94-30 PERTAINING TO TAX
APPLICABLE FOR LOCAL TELEPHONE SERVICE; METERED SALES
OF GAS, ETC.; AMENDING SECTION 94-31 PERTAINING TO
COMPUTATION OF TAX; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
NEW BUSINESS
Shortlist City Attorney Proposals (City Clerk
Transmittal dated 6/16/94, Proposals Previously
Distributed)
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Arthur Firtion
B. Vice-Mayor Carolyn Corum
C. Mrs. Norma Damp
D. Mr. Robert Freeland
Eo Mr° Frank Oberbeck
15.
16.
17.
CITY ATTORNEY MATTERS
CITY MANAGER MATTF~_~
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
.ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
iN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 8, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend C. Robert Merola,
Jr., St. Elizabeth's Episcopal Church.
4. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
City Clerk, Kathryn Mo O'Halloran
Assistant City Attorney, Richard Torpy
Deputy City Clerk, Sally Maio
Regular City Council Meeting
June 8, 1994
Page Two
5. AGENDA MODIFICATIONS /ADDITIONS AND~ DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Firtion reported on his attendance at the
Treasure Coast Council of Local Governments meeting
and requested input from the public on ideas for new
legislation; and reported on Commissioner Adams'
request for and approval of $2,500.00 for the 4th of
July celebration at the last Indian River County
Commission meeting.
PUBLIC HEARING FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
Regular City Council Meeting
June 8, 1994
Page Three
94.140 A.
ORDINANCE NO~ 0-94-07 - Removal of $2.50
Limitation on Public Service Tax (City Clerk
Transmittal dated 6/2/94, 0-94-07)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING
TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO SECTION
94-26 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 94-31 OF THE CODE OF
ORDINANCES OF THE CiTY OF SEBASTIAN PERTAINING TO THE
MAXIMUM AMOUNT OF PUBLIC SERVICE TAX PAYABLE;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 5/11/94, Advertised 5/25/94, PH and
Adoption 6/8/94)
Mayor Firtion opened the public hearing at 7:06 p.m.
The Assistant City Attorney read Ordinance No.
0-94-07 by title only.
The city Manager gave a brief history on the
establishment of the $2.50 cap on the public service
tax in 1959, noted that there is no provision for a
cap in today's statutes, however, there is a
provision for a percentage amount. He stated that a
1992 Golf Course bond covenant requires that the City
maintain the public service tax at the maximum rate
allowable by law, which is ten percent.
Richard Meiklejohn, 1042 West Lakeview Drive; William
H. Lewis, 165 Ablett Terrace; Joseph Morozowski, 3426
Heatherway Lane; Harry Thomas, 654 Balboa Street;
Richard Taracka, 1320 Coverbrook Lane; Elmer C.
Carpenter, 718 West Fischer Circle; Martin Carter,
partner, Captain Hiram's; Kathy Gardinier, 192
Delaware Avenue; Sal Neglia, Georgia Boulevard;
George Gardinier, 192 Delaware Avenue; Greg Golien,
711 Wimbrow Drive; A1 Vilardi, 445 Georgia Boulevard;
Walter Barnes, 402 Azine Terrace;
TAPE I - SIDE ii (7:49 p.m.)
Regular City Council Meeting
June 8, 1994
Page Four
George Metcalf, 425 Pine Street; A1 Goelz, 1618
Seahouse Street; Ruth Sullivan, 1215 Indian River
Drive; J.'W. "Tommy" Thompson, 125 Main Street; all of
Sebastian, objected to the increase of the public
service tax.
Mayor Firtion closed the public hearing at 8:02 p.m.
and called recess. He reconvened the meeting at
8:12 p.m. All members were present.
The Assistant City Attorney reiterated the
requirement of the bond covenant for the City to
charge up to the maximum allowable by law.
The City Manager reiterated that the bond covenant is
legally binding and that the public service tax funds
go into the general fund of the City and are pledged
so that if there is a financial shortfall the funds
will be available, discussed the amount of funds
needed to meet debt service, suggested the
possibility of obtaining relief from the bond
underwriters in reducing the percentage required in
the bond, and read from projections for the Golf
Course at the end of this fiscal year showing
operating income in the black, with the exception of
insufficient funds to meet debt service.
City Council discussion followed.
The City Manager said, after conferring with the
Assistant City Attorney, the language in the covenant
can possibly be interpreted another way and the
Assistant City Attorney said a fair interpretation of
the bond covenant would be that "the City must levy a
tax sufficient to comply with the bond" and that the
City could determine what is necessary to meet debt
service.
The City Manager estimated that five percent, in his
opinion, would be a safe amount.
TAPE II - SIDE I (8:47 p.m.)
City Council discussion continued.
Regular city Council Meeting
June 8, 1994
Page Five
94.103
The City Manager suggested a first year three percent
public service tax, followed by a twelve month
review, and said it would be advantageous to give
staff time to recalculate and review the proposed
Ordinance language.
MOTION by Oberbeck/Freeland
I would move for a continuance until June 22, at
that meeting, at which time we should be afforded the
information and have all the facts in front of us.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 8:58 p.m. and
reconvened the meeting at 9:02 p.m. Ail members were
present.
ORDINANCE NO. 0-94-08 - Deleting Requirement for
Blank Lines on Ballots for Write-In - Section 38-
l(b) (city Clerk Transmittal dated 6/2/94,
0-94-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 38, SECTION 38-1
(Declaration of intent by candidates; form of ballot)
BY ELIMINATING SECTION 38-1(b) PERTAINING TO BLANK
LINES ON VOTING BALLOTS; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 5/11/94, Advertised 5/25/94, PH and
Adoption 6/8/94)
The Assistant city Attorney read Ordinance No.
0-94-08 by title only.
Mayor Firtion opened the public hearing at 9:02 p.m.
and being no input, he closed it.
5
Regular City Council Meeting
June 8, 1994
Page Six
MOTION by Oberbeck/Damp
I would move that we adopt Ordinance No. 0-94-08,
deleting requirement for blank lines on ballots for
write-ins.
94.162
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
RESOLUTION ~Q., R-94-31 - FPL Emergency Staging
Area (City Clerk Transmittal dated 6/2/94,
R-94-31)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER iNTO AN AGREEMENT BETWEEN THE CiTY OF
SEBASTIAN, AND FLORIDA POWER AND LIGHT COMPANY FOR
THE PURPOSE OF PROVIDING AN EMERGENCY STAGING AREA IN
THE EVENT OF NATURAL DISASTER, MILITARY OR CIVIL
DISTURBANCE; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (Advertised 6/1/94, PH and Adoption 6/8/94)
Mayor Firtion opened the public hearing at 9:03 p.m.
The Assistant City Attorney read Resolution No.
R-94-31 by title only.
Mayor Firtion closed the public hearing at. 9:04 p.m.
MOTION by Oberbeck/Freeland
I would move that we approve Resolution No. R-94-
31, the FP&L emergency staging area.
Mrs. Corum suggested that "security" be defined in
the agreement, and that it be noted it is FPL's
responsibility.
Charles Schwab, Field Service Supervisor, Treasure
Coast, Florida Power and Light, said FPL will provide
all security and said the language is sufficient.
The Assistant city Attorney noted that there is an
indemnification clause in the agreement.
6
Regular City Council Meeting
June 8, 1994
Page Seven
Oberbeck/Freeland added language to the motion "to
state that all costs incurred will be paid by FP&L".
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
8. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 5/23/94 Special Meeting,
5/25/94 Regular Meeting, 6/1/94 Workshop
94.163
Bid Award - Well Installation - Barber Street
Sports Complex Expansion - United Irrigation -
$4,000.00 (city Engineer Transmittal dated
6/1/94, Bid Tabulation, Bid Specifications)
94.164
Bid Award - Annual Contract for Installation of
Water and Sewer Laterals - Treasure Coast
Contracting (Utilities Director Transmittal dated
6/2/94, Summary Sheet, Comparison Calculations,
Agreement)
94.165
Receive Code Enforcement Order - Pfenninger/
Taylor (Order) ~'
94.166
City of Sebastian - Specimen Tree RemOval Request
- Barber Street Sports Complex South - One Pine
(Community Development Transmittal dated 6/3/94,
Application, Survey)
94.167
Wright Wedding Reception - Community Center -
6/18/94 - 4 p.m. to 10 p.m. - A/B - Permittee DOB
1/5/55 (city Clerk Transmittal dated 5/31/94,
Application)
Regular City Council Meeting
June 8, 1994
Page Eight
94.166
The city Manager read the Consent Agenda in its
entirety.·
Mrs. Corum removed item E.
MOTION by Oberbeck/Damp
I would move that we approve items A, B, C, D,
and F of the consent agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
~ of ~ ~ Specimen Tree Removal Request
- BSSC South
MOTION by Corum
I move that the City approve the removal of the
pine specimen tree with the replacement of a two inch
dbh live oak tree.
MOTION DIED for lack of a second.
MOTION by Freeland/Oberbeck
I move to approve the removal of the specimen
tree located at Barber Street Sports Complex South.
Discussion followed on asking staff to look into
planting a replacement tree.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
9. PRESENTATIONS
None.
8
Regular City Council Meeting
June 8, 1994
Page Nine
94.168
94.169
10.
11.
INTRODUCTION OF NEW BUSINESS ~Y THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Herbert Sturm, 549 Saunders Street, Sebastian,
requested a City Council hearing relative to his Code
Enforcement Board issue.
Ed Miquelon, commended City Council on its handling
of the public service tax issue.
COMMITTEE REPORTS/RECOMMENDATIONS
A. Planning and Zoning Commission
Appoint Joseph .Schulke to 1st A~ternate
Position = Unexpired Term Vacated bv Herbert
Munsart - Term ~xpires 11/95 ~Director of
Community Development Transmitta~ ~ated
5/20/94~ Schulke ADDlication)
MOTION by Freeland/Oberbeck
I'd move that we appoint Joseph Schulke, first
alternate position, unexpired term vacated by Herbert
Munsart, term to expire 11/95.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Appoint Jean Brandtmeyer to 2nd Alternate
Position - Unexpired Term Vacated b_~ Joseph
Schulke - Term Expires 1/96 (Contingent UDon
ADDroval p.f Item ll.A.1.)..~Director of
Community Development Transmittal dated
5/20J94, Schulke ADDlication)
MOTION by Freeland/Damp
I'd move that we appoint Jean Brandtmeyer to
second alternate position, unexpired term vacated by
Joseph Schulke, term to expire 1/96.
9
Regular city Council Meeting
June 8, 1994
Page Ten
94.170
94.171
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
B. HANDICAPPED SELF-EVALUATION COMMITTEE
Appoint PhilliD Foster to Reqular Member
Position - Unexpired Term Vacated bv Beatrice
Thibault - Term to Expire 6/95 (Personnel
Director Transmittal dated ~ ~oster
Application)
MOTION by Oberbeck/Damp
I move to that effect (see title).
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck ~ aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
ADDOint Geor~_e Schum to First Alternate
Position - Unexpired Term Vacated ~y PhilliD
Foste~ L Term to Expire 8/96 (See Personnel
Directo~ Transmittal dated 6~24~94, Schum
ADDlication)
MOTION by Damp/Oberbeck
So move (see title).
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
12. OLD BUSINESS - None
10
Regular City Council Meeting
June 8, 1994
Page Eleven
94.096
94.172
13.
NEW BUSINESS
A.
Resolution No. R-94-32 - FDOT Public
Transportation Joint Participation Agreement
(City Manager Transmittal dated 6/2/94,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER iNTO A JOINT PARTICIPATION AGREEMENT FOR
ENGINEERING FOR LIGHTING AND OVERLAY OF RUNWAY 4-22,
IN THE AMOUNT OF $53,100.00, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROViDiNG FOR AN EFFECTIVE DATE.
The Assistant City Attorney read Resolution No. R-94-
32 by title only.
MOTION by Corum/Oberbeck
I make a 'motion for Council to approve and accept
Resolution No. R-94-32.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Resolution No. R-94-33 - City Council Designated
as Board of Adjustment
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY COUNCIL TO
TEMPORARILY FULFILL THE RESPONSIBILITIES OF THE CITY
OF SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
The Assistant city Attorney read Resolution Noo
R-94-33 by title only.
11
Regular city Council Meeting
June 8, 1994
Page Twelve
94.087
MOTION by Oberbeck/Damp
I move for the adoption of Resolution No. R-94-33.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Resolution No. R-94-34 - Tri-Party Grant
Agreement/Sebastian Yacht Club Renovations (City
Manager Recommendation dated 5/12/94, R-94-34,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN
RIVER COUNTY, PERTAINING TO THE FLORIDA BOAT
IMPROVEMENT PROGRAM TO PROVIDE $40,000.00 FOR
SEBASTIAN YACHT CLUB RENOVATIONS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
The Assistant City Attorney read Resolution No.
R-94-34 by title only.
MOTION by Corum/oberbeck
I make a motion for Council to accept Resolution
No. R-94-34.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
12
Regular city Council Meeting
June 8, 1994
Page Thirteen
14. CITY COUNCIL MATTERS
A. Mrs. Norma DamE
94.173/ 1.
93.116
Resolution No. R-93-19 - Public ~ PoliQ¥
IR-93-19k
Herbert Sturm, 549 Saunders Street, Sebastian,
expressed concern for receiving no response from
Council on his Code Enforcement issue.
City Council discussion followed on the proper
procedure for public input.
The Assistant City Attorney advised on procedures,
stating it was better to have public input prior to
City Council deliberation.
Mrs. Damp expressed concern that it has been the
practice of City Council not to recall individuals
signed up or those who neglected to sign and wish to
speak.
TAPE II - SIDE II (9:40 p.m.)
The Assistant City Attorney reiterated his concern
that orderly procedures must be maintained and noted
that City Council members can call on or recall
individuals.
B. Mr~ Robert Freeland
Mr. Freeland read a letter from Steve Munchak to City
Council.
C. Vice-Mayor Carolyn Corum
Mrs. Corum inquired about the Food Lion parking lot,
to which the City Manager responded he would report
tomorrow; discussed funding for ADA mandates, to
which the City Manager responded that no money was
appropriated by Congress; and suggested a code of
conduct for the city.
D. Mr. Frank Oberbeck
None.
13
Regular City Council Meeting
June 8, 1994
Page Fourteen
15. MAYOR MA~TERS
None.
16. CITY ATTORNEY MATTERS
The Assistant City Attorney responded to Mr. Sturm's
concerns relative to Code Enforcement matters.
Mayor Firtion recommended revisiting the Sturm matter
at a future workshop.
17. CI,TY MANAGER MATTERS
18.
The City Manager said an emergency preparedness
exercise will take place next Friday on the second
floor of City Hall; said he will be conducting budget
interviews with department heads next week; and asked
City Council how it wishes to conduct interviews for
City Attorney.
Mr. Oberbeck suggested interviewing the candidates as
a full City Council. City Council concurred and it
was decided to shortlist applicants on June 22, 1994
and interview on July 13, 1994.
Being no further business, Mayor Firtion adjourned
the Regular Meeting at 10:04 p.m.
Approved at the
Meeting.
, 1994, City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
14
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-94-35
Vacation of Easement
Approv¢~ for Submittal By:
City Manager
) Agenda No. ~-/~
Dept. Origin: ~ Clerk
Date Submitted: 6/15/94
For Agenda of: 6/22/94
Exhibits: R-94-35
Application
Survey
Letters of no
objection from
Utilities
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
APPROPRIATION
N/A REQUIRED: N/A
SUMMARY STATEMENT
The City of Sebastian has been requested to grant approval for an
abandonment of easement for the North five feet of Lot 4, and the
South five feet of Lot 5, Block 16, Sebastian Highlands Unit 1.
Staff and the Utility Companies have been notified and have no
objections to the request.
RECOMMENDED ACTION
Move to approve Resolution No. R-94-35, abandonment of easement
for the North five feet of Lot 4, and the South five feet of Lot
5, Block 16, Sebastian Highlands Unit 1.
RESOLUTION NO. R-94~.35
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FIVE FEET OF LOT 4 AND THE
SOUTH FIVE FEET OF LOT 5, PUBLIC UTILITY ~ DRAINAGE
EASEMENT, BLOCK 16, SEBASTIAN HIGHLANDS UNIT 1,
ACCORDING TO THE PLAT THEREOF, RECORDED IN FBI 5-14,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. VACATION OF EASEMENT. The City of Sebastian,
Indian River County, Florida, does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The North five feet of Lot 4 and the South five feet of
Lot 5, Block 16, Sebastian Highlands Unit 1, according
to the plat thereof, recorded in PBI 5-14, of the
Public Records of indian River County, Florida.
Section 2. REPEAL. All resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 3. RECORDING. This resolution shall be recorded in
the public records of Indian River County, Florida.
Section 4. EFFECTIVE DATE. This resolution shall be in
full force and effect immediately upon its passage.
The foregoing Resolution was moved for adoption by
Councilmember
Councilmember
vote was as follows:
. The motion was seconded by
and, upon being put to a vote, the
city
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Francis J. Oberbeck
Councilmember Norma J. Damp
Councilmember Robert J. Yreeland
The foregoing Resolution was duly passed and adopted by the
Council of Sebastian, Florida, this day of
, 19 .
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
· City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in Indian River County, Florida, to
take acknowledgements, personally appeared Arthur L. Firtion
and Kathryn M. O'Halloran known to me to be Mayor and City
Clerk respectively, and neither of them took an oath.
WITNESS my hand and seal in Indian River County, Florida, the
day of , 19
Linda M. Galley
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
Charles Ian Nash, City Attorney
2
CITY-OF SEBASTIAN
APPLXCATION FOR VACATIOH OF EASEMENT(S)
~Thia request shall no be acceptgd unless completed in full)
*Individual, bor~oration, etc.
Seal below
TYPE OF ENTITY:* ~;~'J~t
- If corporation apply corporate
( ) 5.
( ) 4.
(N/A)
( )3.
(N/A)
( )2.
( N/A )
Attach hereto the following:
(~1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land ad, scent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWINO.
Complete legal description of the parcel of land on which
the easement exists If the full description cannot be
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
IF IT IS NECESSARY TO 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 application to the
Office of the City Clerk. This application fee is not
refundable. The fee iS $25.00. ~.C~. ~ (~-?.--q~-)
OTHER:
LEGAL DESCRIPTION OF R~AL PROPERTY ON WHICH EASEMENT EXISTS:
(Attaoh descrlptlon~on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be f~lled in by Building Official)
.,,I~ ~o~,~ ~',~ (5~ ~e~ .... ~ c~. ~ ~ ~
APPROX~TE SZZE OF EASEM~NTI~fee~ ~n length~O' in width
(~xplaYn ln'Oeta&l your need to release this easement)
~ HEREBY CERTIFY that I, the AD~lloant, own the real"pro~erty on
which the e~sement I request ~o v~cate exists, or I ~m authortzeO
to present ~h&s request to vacate by the owner o~ the real
property.
Signed: (title, if ·
Pldase ~rin~
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City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
June 6, 1994
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,CERTIFIED LETTER i
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Lew Gilliland
F.P.&L.
1698 N. Central Avenue
Sebastian, Florida 32958
Dear Sir: I
The city of Sebastian has been requested to grant approval for an
abandonment of the North five (5) feet of Lot 4, and the South
five (5) feet of Lot 5, Block 16, Sebastian Highlands Unit 1.
A copy of the survey is attached for your information. I
In compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this' matter, please
contact my office at 589-5330 between the hours of 8.00' A.M.
and 4:30 P.M. I
Sincerely yours,
Kathryn~M. O'Halloran, CMC/AAE
City Clerk I
Attachment I
iiiiiilrm/aban_let) '~"'~'~>J/~~'~"
June 8, 1994
Ms. Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Abandonment of Easement - Lots 4 and 5, Block 16, Sebastian
Highlands, Unit 1
Dear MS. O'Halloran,
.Falcon Cable TV has no objections to the abandonment of easement
requested at the referenced location.
Sincerely, /~
~ional Manager
Falcon Cable TV
FALCON CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, Tel: (407) 589-3846
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
June 6, 1994
Richard Votapka
Utilities Director
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the North five (5) feet of Lot 4, and the South
five (5) feet of Lot 5, Block 16, Sebastian Highlands Unit 1.
A copy of the survey is attached for your information.
In compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Sincerely yours,
Kathryn O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
\ws-form/aban-let)
g06-08-94 03'46 PM FROM SBT ENG INDIAN RIVER
II
Ctty of Sebastian
POOl
CZRTZI~Z~D
· 1225 MAiN STRi~-'I* u $1~BAS*i'IAN, FLORIDA 32958
TELEPHON~= (407) 589-5330 o FAX (407)
June 6, 1994
Jim Kiernan
Southern Bell Telephone
3300 Okeechobee Road
Ft. Pierce, Florida 34947
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the North five (5) feet of Lot 4, and the South
five (5) feet of Lot 5, Block 16, Sebastian Highlands Unit 1.
A.copy of the survey is attached for your information.
In compliance with City of Sebastian Ordinance ~0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KOH:Img
Attachment
(\ws-form/aban-let)
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City of Sebastian ~ L~T~
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 ·
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
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June 6, 1994 i
Dan Eckis ·
Director of Public Works ·
.1225 Main Street
Sebastian, Florida 32958 ~
Dear Sir:
The city of Sebastian has been requested to grant approval for an I
abandonment of the North five (5) feet of Lot 4, and the South
five (5) feet of Lot 5, Block 16, Sebastian Highlands Unit 1.
A copy of the survey is attached for your information. I
In compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please W
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M. i
Sincerely yours,
Kathryn . CMC/AAE
City Clerk
KOH:lmg
Attachment
(\ws-form/aban-let)
O' Halloran,
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT: REQUEST FOR WAIVER OF
PERMIT FEES FOR SAINT SEBASTIAN
CATHOLIC CHURCH.
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
(BC)
Date Submitted: 6/10/94
For Agenda Of: 6/22/94
Exhibits: Letter from Richard L. San
Giovanni dated 6-3-94.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Richard L. San Giovanni, Architect for Saint sebastian Catholic is
requesting a waiver of the building permit fees on behalf of Father
Timothy Sockol. The fees total $5,733.38.
For at least the last seven years City Council has traditionally waived
such fees for churches. How or when this procedure was established is
unknown.
RECOMMENDED ACTION
Move to waive the building permit fees for Saint Sebastian Catholic
Church.
RICHARD L.
master planning -
Raintree Office Park ,- 982 Douglas Avenue, Suite 104
J~e,3,1~4
Mr. Bruce Cooper
Director of Community Development
City of Sebastian Building Department
1225 Main Street
Sebastian, Florida 32958
SAN GIOVANNI, AIA, P., gAnl
architecture - interior desi
- Altamonte Springs, Florida 32714-2054 - (407) 682-67071~
FAX: (407) 682-~301
!
Saint Sebastian Catholic Church
Sebastian, Florida
Permit Fee Waiver
Dear Mr. Cooper:
At the request of Father Timothy Sockol, this is our formal petition for the Permit
Fee Waiver for the above referenced project.
If you require any additional information, please advise me accordingly.
Sincerely, ~4'~'
Richard L. SanGi
RLS:jdp
Reverend Timothy Sockol
Mike Vukovich
Daniel O'Connell, General Contractor
Copy:
Mombor of the American Institute of Architects anct Tho Floricla AssociBtion AIA
National Council of Architectural ReGistration BoarOs (NCARB) CortifieC~
· City of Sebastian
1225 =MAIN STREET ..u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-$330 ~= FAX (407) 589-5570
SUBJECT: AWARD BID FOR CITY HALL ) Agenda Number:
WINDOW REPLACEMENT
Approval for Submittal By:
.. 'City Manager ~j
Dept. Origin: Community Devel.opment
(BC)
Date Submitted: 06/15/94
For Agenda Of:
Exhibits:
1. Bid Tabulation
2. Bid Specifications
06/22/94 ..
EXPENDITURE AMOUNT APPROPRIATI ON
REQUIRED: BUDGETED: REQUIRED:
S~Y S TATEM.~.NT
With the help of a local architect, John Schlitt, City staff prepared bid
specifications for the replacement of all windows in City Hall, including
both floors. The bid was properly advertised and 59 notices were mailed to
contractors to solicit their proposals.
Although the window replacements will be an aluminum type construction, the
bid specifications were designed to match the existing architectural style of
the existing windows. The factory installed muttins between double glazing
will be constructed in order to duplicate the appearance of the original
windows.
After the bids were received on March 22, 1994, staff instructed the apparent
low bidder to provide a sample and specifications on the window in order to
ensure that the window met all bid requirements.
After receiving the specifications and window sample from the apparent low
bidder and his window representative, staff had determined that the window
specifications did not meet every technical requirement that was provided
within the bid specifications. The supplier for windows for this contractor,
Central Window, did indicate they could provide a window that would meet
Page 2
· /specifications at the same. bid price. I advised the contractor ~nd window
~i~.~..'.~i Manufacturer that I .could not negotiate a price, but would allow additional
/~."~ time for him to provide another ~anufactured brand window that would meet all
specifications and honor the original sealed bid price. Since there was a
price difference of over $26,000.00 to the ne~t lowest bidder, I felt that
this was in the best interest of the City to allow the window supplier
additional time to provide a window that would meet specifications.
Staff did receive specifications on April 25, 1994 from Central Window
indicating a window that would meet all bid requirements. Unfortunately,
once staff received the window sample after receiving the specifications, I
was not willingtoacceptand recommend to City Council withthe condition of
the sample that was provided to theCity. The window supplier then requested
'the manufacturer to provide a new sample which took several weeks to obtain.
On June 14th, staff did receive the new sample which represents a good
quality window. Also attached is a memo from John Schlitt which verifies
that the window meets our bid specifications.
since capp Custom Builders and his supplier has provided a window that meets
all
specifications outlined in the bid notice, staff would recommend to the
City Council to award the bid to Capp Custom Builders.
Staff does not recommend to utilize the alternate bid for vinyl windows since
no company can provide sufficient documentation to indicate that the vinyl
windows can meet our bid requirements.
RECOMMENDED ACTION
Move to award the bid for replacement of City Hall windows to Capp Custom
Builders in the amount of $70,063.75.
3un.16 ,o~,d,
TO:
FROM:
ARDI~C~ SCHL]:I'I' & BRENNER, P.A.
1717 INDIAN RZVER BOULEVARD, SUITE 20~'B
P.O. BOX 2589
VERD BEACH, FLORZDA 32961
TELEPHONE - (.407)56Z-1716
SEBASTIAN CITY HALL
D/kTE~ JUNE 16, 1994
BRUCE COOPER
JOHN O. SCHLITT, JR., AiA
I have reviewed the Alenco Series 1000 'Specifications along with the test reports
and find that they meet our bid specifications. Suggested finishes are e..s.p.
white and e.s.p, bronze.
Please feel free to contact my office if further questions should come up.
JJSJr/ddc
CITY HALL WINDOWS
BID TABULATION
Bids Due by March 22, 1994,
2:30 p.m.
Contractor/Vendor
Base Alternate
(Aluminum) (Vinyl)
Capp Custom Builders $ 70,063.75 $ 75,574.55
Paul Licousi $ 96,100.00 $112,400.00
HBS, inc. $ 99,765.00 (no bid)
NO OTHER BIDS WERE RECEIVED
· City of Sebastlan
I 1225 MAIN STREET ,n FLORIDA 32958
SEBASTIAN,
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
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NOTICE OF INVITATION TO BID
SEALED BIDS FOR FIRM FIXED PRICES TO FURNISH
AND INSTALL ARCHITECTURAL WINDOWS FOR SEBASTIAN
CITY HALL COMPLETE WITH HARDWARE AND RELATED
COMPONENTS WILL BE ACCEPTED IN THE OFFICE OF
THE CITY CLERK, CITY OF SEBASTIAN, 1225 MAIN
STREET, SEBASTIAN FL 32958, UNTIL 2:30 P.M. ON
TUESDAY, MARCH 22, 1994. BID ENVELOPES ARE 'TO
BE MARKED AS FOLLOWS:
CITY HALL WINDOWS
THE CITY OF SEBASTIAN IS SOLICITING BIDS TO FURNISH AND
INSTALL SINGLE HUNG ARCHITECTURAL WINDOWS (FIXED WINDOWS,
WHERE SPECIFIED) COMPLETE WITH HARDWARE AND RELATED
COMPONENTS. BASE BID iS FOR ALUMINUM WINDOWS. ALTERNATE
NO. 1 BID IS FOR VINYL WINDOWS. CONTRACTOR TO FURNISH ALL
LABOR, SUPERVISION, MATERIALS, TOOLS, EQUIPMENT, PERMITS,
LICENSES, AND PROOF OF INSURANCE IN ORDER TO COMPLETE THE
REQUIRED REMOVAL OF EXISTING WINDOWS, AND iNSTALLATION OF NEW
WINDOWS IN ACCORDANCE WITH THE SPECIFICATIONS.
PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN
PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONE (407-
589-5330) FOR BIDDING DOCUMENTS AND SPECIFICATIONS.
PROSPECTIVE BIDDERS ARE REQUIRED TO MAKE A FIELD
INVESTIGATION OF THE PREMISES PRIOR TO SUBMITTING THEIR BIDS.
QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF
SEBASTIAN, BUILDING OFFICIAL, BRUCE COOPER. BIDS WILL BE
PUBLICLY OPENED AND READ ALOUD AT 2:30 P.M. ON TUESDAY, MARCH
22, 1994 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY
RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
BY:
KATHRYN Mo O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
PUBLISH:
VERO BEACH PRESS JOURNAL
FRIDAY, MARCH 4, 1994
~INDOW SPECIFICATIONS FOR
SEBASTIAN ~CITY HALL
February 28, 1994
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WINDOW SPECIFICATIONS FOR
,SEBASTIAN ~CIT¥ ~ALL
TAB~EOF CONTENTS
COver Page
Table of Contents
Form of Proposal
Specifications - Pages 1 through 17
Attachment A - Window Key Sketch
Attachment B - Typical window Elevations
Attachment C - Jamb Section Sketch
Attachment D - Head/Sill Section Sketch
Attachment E - Photographs
Attachment F - Photographs
Attachment G - Photographs
Attachment H - Windows, Inc. Warranty Card
DATE:
TO: ·
RE:
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
FEBRUARY 28, 1994
PROSPECTIVE BIDDERS
BID - CITY HALL WINDOWS
Please use this form to respond to the subject bid request.
Submit your bid in a sealed envelope marked as follows:
CITY HALL WINDOWS
Your response must be submitted to the City Clerk's office at
Sebastian City }{all, 1225 Main Street, Sebastian, FL 32958,
no later than 2:30 p.m. on Tuesday, March 22, 1994.
:.
Contractor will furnish all labor, supervision, materials,
tools, equipment, permits, licenses, and proof of insurance
in order to complete the required installation in accordance
with the attached specifications.
Having carefully examined the "Window Specifications For City
Hall" dated February 28, 1994, ~s well as the premises and
the conditions affecting the work, the undersigned proposes
to furnish materials and labor for the entire work in
accordance with said documents as follows:
Base Bid: Furnish and install aluminum single hung
architectural windows (fixed windows, where specified)
complete with hardware and related components for the
following price:
Total Bid $
Alternate No. 1: Furnish and install vinyl single hung
architectural windows (fixed windows, where specified)
complete with hardware and related components for the
following price:
Total Bid
Page .2 February 28, 1994
PUBLIC ENTITY CRIMES:.
Bidders shall complete the attached sworn statement under
Section 287.122 ~3; (A), Florida Statutes, on Public Entity
Crimes and return with the bid.
SCHEDULE:
If notified of the acceptance of this proposal within 30 days
of the time set for the opening of the bids, contractor
agrees to execute a contract for the above work for the above
stated compensation in the form of the Standard Agreement of
the AIA, Stipulated Sum, Current Addition.
Commitment to complete within
given notice to proceed.
calendar days after
SUBCONTRACTORS:
Please attach a list of subcontractors selected per this bid.
EXCEPTIONS/CLARIFICATIONS:
Please note any exceptions, clarifications, and/or proposed
alternates on separate sheet (s) of your letterhead and
attach to this form.
SUBMITTED BY:
COMPANY:
INDIVIDUAL TITLE:
ADDRESS:
TELEPHONE:
ATTACHMENT (S): YES
NO DATE
CITY HALL 'WINDOWS
PART 1 - GENERAL
]_.01 SUMMARY
WORK INCLUDED: Remove all existing windows in
City Hall, as noted on the attached window
schedule.
Base Bid: Furnish and install aluminum single
hung architectural windows complete with hardware
and related components per detailed specifications
outlined in Attachments A through D.
Alternate No. 1: Furnish and install vinyl single
hung architectural windows complete with hardware
and related components per detailed specifications
outlined in Attachments A through D.
Operable windows shall be single hung CSH 202
aluminum windows (Base Bid) and single hung
CSH 202 vinyl windows (Alternate No. 1). Test
reports and AAMA Notice of Certification
documenting compliance with requirements of
Section 1.04 must be submitted by all bidders,
regardless of window manufacturer for Base and
Alternate bids.
E4
Fixed window units (where specified) to match Base
or Alternate Bid single hung windows for profile,
color ar)d design.
Half round (top) windows (two required) to match
standard single }lung windows for profile, color
and design (Base or Alternate Bid).
1.02 RELATED WORK
Remove ~nterior trim casing, ballast, cords and
remove existing windows. Contractor will inspect
for and notify owner of any structural damage.
Fill ballast chamber with solid pressure treated
wood as per detail. Necessary caulking and
repairs to existing stucco and drywall around
windows .after installation of replacement windows
shall be made by the Contractor.
Provide break metal or vinyl sections as required
for 100% cover of existing wood.
1.03
1.04
Painting work necessary regarding such repairs
shall be made by the Contractor.
Contractor ~ill remove all old ~indows and other
construction debris and dispose of in a legal
manner.
SUBMITTALS
ae
Contractor shall submit shop drawings of windows
and wood cover angles, finish samples, test
reports, AAMA Notice of Certification and
warranties.
Samples of materials may be requested
without cost to Owner, i.e., metal~ glass,
fasteners, anchors, frame sections, mullion
section, corner section, etc.
TESTING AND PERFORMANCE REQUIREMENTS
A. Test Units
Air, water and structural test unit sizes and
configuration shall conform to requirements
set forth in ANSI/AAMA 101-85.
B. Test Procedures and Performance
Windows shall conform to all ANSl/AAMA 101-85
HC40 requirements. In addition, the following
specific performance requirements shall be
met.
2. Air Infiltration Test
With window sash closed and locked, test
unit in accordance with ASTM E 283 at
static air pressure difference of 1.57
psf.
be
Air infiltration shall not exceed .26
cfm per foot of perimeter crack length.
3. Water Resistance Test
with window sash closed and locked, test
unit in accordance with ASTM E 331 at
static air pressure difference of 4.5 psf.
There shall be no uncontrolled water
leakage.
2
1.05
1.06
4. Uniform Load Structural Test
With window sash closed and locked, test
unit in accordance with ASTM E 330 at a
static air pressure difference of 30 psf
positive pressure .and 30 psf negative
pressure (110 M.P.H.).
At conclusion of test there shall be no
glass breakage, permanent damage to
fasteners, hardware parts, support arms
or actuating mechanisms, nor any other
damage which would cause the window to
be inoperable.
QUALITY ASSURANCE
Provide test report, s from AAMA accredited
laboratories certifying the performance as
specified in Section 1.04.
Test reports shall be accompanied by AAMA Notice
of Certification stating that the tested window
meets or exceeds the referenced criteria for the
appropriate ANSI/AAMA 103-85
WARRANTIES
A. Total Window System
The responsible contractor and manufacturer
shall assume full responsibility and warrant
for five years the satisfactory performance of
the total window installation which includes
that of the windows, hardware, glazing,
exposed wood covers, pressure treated wood
fill, anchorage and setting system, sealing,
flashing, etc. as it relates to air, water and
structural adequacy as called for in the
details and specifications and approved shop
drawings.
Deficiencies due to such elements of system
not meeting the specifications shall be
corrected by the responsible contractor at his
expense during the warranty period.
Pr~'~vide information on extended warranties
offered by the window manufacturer (if .any),
such as that shown on Attachment H.
3
1.07
INSPECTIONS
A.. ~Bidders are required to inspect %he existing
~indows °f 'City Hal/ prior to submission of bid.
PART 2. - PRODUCTS
2.01 MATERIALS - FURNISH WINDOWS & ACCESSORIES AS FOLLOWS
A. Aluminum
1.
Extruded aluminum shall be 6063-T5 alloy
and temper.
2. All windows must have extruded sills.
B. Vinyl
Rigid, integrated vinyl, thermo setting,
u-P.V.C., color is clear through white,
thickness.
.080
C. Hardware
Latches shall be cam-latches with e.s.p, white
finish.
Ail balances shall be heavy duty spiral type,
as manufactured by Balance Systems, Inc., or
equal.
3. Each window t.o have two cam-loclcs per sash.
C. Glass and Glazing
Window manufacturer furnish and factory glaze
the glass as specified. Glass shall be double
glazed, insulating glass with enclosed
muntins.
Glass to be light gray tint, tempered where
required by Code.
3. Glass to be manufactured by PPG, LOF or Ford.
2 . 02 FABRICATION
A. Genera]
All aluminum frame and sash extrusions shall
have a minimum wall thickness of .062" Frame
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sill members ,shall have a minimum wall
thickness of -D94~'.
2. Depth of frame and sash shall not be less than
3. Ability to replace glass from interior ,of
building.
Frame
Frame components shall be mechanically
fastened.
Sash
1. All sash jamb extrusions shall be tubular.
2. Corner connections shall be mechanically
fastened.
Muntins
1. Factory install muntins between double glazing
to match window finish, both at interior and
exterior of ,window.
2. Muntins to duplicate appearance of original
windows.
a. 9/9 + 9/9 for 92" high square top and 1/2
round top,
b. (2) 6 lite at 42" - (3) with 2 high as per
detail.
Screens
1o
Screen frames shall be extruded aluminum.
Screen mesh shall be "Sunscreen" gray,
fiberglass.
3. Color of screen frame to match window frame
(white).
Glazing
1. Glazing tape and rigid vinyl glazing bead.
Finish
t. Base Bid: Aluminum windows shall have e.s.p.
white'finish.
2. Alternate No. 1: Rigid integrated vinyl,
thermo setting, U-P.V.C. white.
PART 3 - EXECUTION
3.01 PERFORMANCE BOND
A4
Following notification of acceptance of submitted
bid by the City of Sebastian, contractor must
provide the City with a performance bon~ or other
acceptable .surety bond in the amount of"the bid,
prior to commencement of work.
3.02 INSPECTION
A. Job Conditions
Verify that openings are dimensionally within
allowable.tolerances for installation without
condition.
3.03 INSTALLATION
Use only skilled tradesman with work done in
accordance with approved shop drawings and
specifications. Contractor to be licensed in the
City of Sebastian at the time of bid and
throughout the installation process. (Check with
Kathy Nappi in Contractor Licensing to verify
current status of license.) Remove existing
windows and inspect for structural damage.
Contractor will notify owner of any structural
damage not caused by the contractor. Prepare
openings for replacement windows as per details
enclosed in this document.
Plumb and align window faces in a single plane for
each wall plane and erect windows and materials
square and true adequately anchored to maintain
positions permanently when subjected to normal
thermal and building movement and specified wind
loads.
Adjust windows for proper operation after
installation.
6
3.04
Furnish and apply sealants to provide a
weathertight installation at all joints and
intersections and at opening perimeters, wipe
~ff excess material and leaue all exposed
surfaces .and joints Glean and smooth.
ADJUSTING AND CLEANING
After completion of window installation:, windows
shall be inspected, adjusted, put into working
order and left clean, free of labels, dirt, etc.
7
~INDOWSCHEDULE
{All measurements are approximate. Contractor will be responsible
to verify window dimensions prior to the commencement of job.}
FIRST FLOOR - NORTH (west to east)
(1) Single Window (Mens Room) Base Bid Alt.No.1
F 41" high x 35" wide
Fixed Window ...........................
Triple Window Unit (Clerk Staff)
A 92 3/4" high x 35" wide ~.
Single Hung ............................
A 92 3/4" high x 35" wide
Single Hung ............................
A 92 3/4" high x 35" wide
Single Hung
(1) Triple Window Unit (City Clerk)
A 92 3/4" high x 35" wide
Single Hung ............................
A 92 3/4" high x 35" wide (size
approximate-currently boarded off)
Single Hung ............................
A 92 3/4" high x 35 1/2" wide
Single Hung ............................
(1) Single Window (Ladies Room)
F 41" high x 35" wide
Fixed Window ...........................
FIRS__TFLOO_~Rn EAS__T ~nort__h t__o so___uth___!)
.' Base
(1) Double Window Unit ('City Clerk)
A '93" high ~ 35" ~ide
' Single Hung
A 93" high % 35" wide
Single Hung .......................
(1) Double Window Unit (Ladies Room)
D 79 3/4" high x 34 1/2" wide
Single Hung ............ ' ..........
D 80" high x 34 1/2" wide
Single Hung .......................
(1.) Single Window (Lunch Room)
A 92 1/2" high x 35" wide
g g
Sin le Hun ..................
(1) Triple Window Unit
A 92 3/4" high x 35" wide (Lunch Room)
Single Hung .......................
A 93" high x 35" wide (Finance)
Single Hung .......................
A 93" high x 35" wide (Finance)
Single Hung .......................
(1) Single Window (Computer Operator)
A 93" high x 35" wide
Single Hung .......................
9
.(1')
FIRST FLOOR -SOUTH (east. to west)
(1) Single Window (Cut Out stucco)
B 32 3/4" high x 33 3/4" wide (Size
approximate-currently boarded off)
Fixed Window ......................
(1) Single Window (Cut out stucco)
B 32 3/4" high x 33 3/4" wide (Size
approximate-currently boarded off)
'Fixed window ......................
(1) Single Window (Staff Accountant)
A 92 1/2" h~gh x 35" wide
Single Hung .......................
Triple Window Unit
A
A
92 1/2" high x 35" wide (Staff Acct.)
Single Hung .......................
92 1/2" high x 35" wide (Staff Acct.)
Single Hung'
Base Bid
Alt..No.1
A 92 3/4" high x 35" wide (Fin.. Dir'.)
Single Hung .......................
(1) Single Window (Finance D~rector)
A 92 3/4" high x 35" wide Single Hung .......................
(1) Single Window (Utilities Director)
A
92 7/8" high x 35" wide Single Hung .......................
(1) Triple Window Unit
A 92 3/4" high x 35" wide (Util. Dir.)
Single Hung .......................
A 92 3/4" high x 35" wide (Per. Dir.)
Single Hung .......................
A 92 3/4" high x 35" wide (Per. Dir.)
Single Hung .......................
10
Base Bid Alt.No.1
(1) Single Window (Personnel Director)
'A 93" high x 35" wide
Single Hung ........................
(1) Single Window (Cut out stucco)
B 32 3/4" high x 33 3/4" wide (Size
approximate-currently boarded off)
Fixed Window ......................
(1) Single Window (Cut out stucco)
B 32 3/4" high x 33 3/4" wide (Size
approximate-currently boarded off)
Fixed Window ......................
11
FIRST FLOOR- WEST (south to north)
Base Bid
(1~ Single Window (City Manager)
A 92 3/4" high ~ 35" wide
Single Hung
(1) Triple window Unit
A 92 7/8" high x 35" wide (6ity Mgr.)
Single Hung ...- ....................
A 92 3/4" high x 35" wide (City Mgr.)
Single Hung .......................
A 92 1/2" high x 35" wide (Mgr. Staff)
Single Hung .......................
(1) Single window (Manager Staff)
A 92 3/4" high x 35" wide
Single Hung ........................
(1) Double window Unit (Telephone/Mens Room)
D 78 1/2" high x 34 1/2" wide
Single Hung .......................
D 78 1/2" high x 34 1/2" wide (size
approximate, currently boarded off)
Single Hung .......................
12
Alt.No.1
(1)
(1)
(1)
(1)
SECOND FLOOR - NORTH (west to east)
Double Window (Door&Window Unit)
E 45" high x 35" wide (over door)
Fixed Window ......................
A 91 7/8" high x 35" wide (beside door)
Single Hung .................... ~...
Double Window Unit (Over West Stairs)
A 91 7/8" high x 35" wide Single Hung .......................
A 91 7/8" high x 35" wide Single Hung .......................
Double Window Unit (Between Stairs)
A 91 7/8" high x 35" wide Single Hung .......................
A 91 7/8" high x 35" wide Single Hung ........................
Double Window Unit (Over East Stairs)
A 91 7/8" high x 35" Wide Single Hung .......................
A 91 7/8" high x 35" wide Single Hung .......................
Double Window (Door & Window Unit)
A 91 7/8'~ high x 35" wide (beside door)
Single Hung ..................... ...
E 45" high x 35" wide (over door) Fixed Window ......................
13
Base Bid
Alt.No.1
SECOND FLOOR - EAST (north to south)
(1) Double Window Unit (Small Storage Room)
D 77 7/8" Nigh x 34" wide Single Hung .......................
D 77 7/8" ihigh ~ 34 1/2" wide Single Hung .......................
(1) Single Window (Southeast Classroom)
A 91 7/8" high x 35" wide Single Hung .......................
(1) Triple Window Unit (Southeast Classroom)
A 91 7/8" high x 35" wide Single Hung .......................
A 91 7/8" high x 35~' wide Single Hung .......................
A 91 7/8" high x 35" wide Single Hung .......................
(1) Single Window (Southeast Classroom)
A
91 7/8" high x 35" wide Single Hung .......................
14
Base Bid
Alt.No.1
SECOND FLOOR - SOUTH
(east to west)
(1) Single Window (Southeast Classroom)
B 32 3/4" high x 33 3/4" wide (size
approximate, currently boarded off)
Fixed Window ......................
(1) Single Window (Southeast Classroom)
B 32 3/4" high x 33 3/4" wide (size
approximate, currently boarded off)
Fixed Window .......................
(1) .Single Window (Southeast Classroom)
B 32 3/4" high x 33 3/4" wide (size
approximate, currently boarded off)
Fixed Window ......................
(1) Single Window (Data 'Bank Stbrage)
A 91 7/8" high x 35" wide
Single Hung .......................
(1) Triple Window Unit (Data Bank Storage)
A 91 7/8" ~igh x 35" wide
Single Hung .......................
A 91 7/8" high x 35" wide (size
approximate, currently boarded off)
Single Hung .......................
A 91 7/8" high x 35" wide
Single Hung .......................
(1) Single Window (Data Bank Storage)
A 91 7/8" high x 35" wide
Single Hung .......................
(1) Combination Window & Arch (Data Bank Stor.)
C 70 7/8" high x 41" wide (bottom)
Single Hung .......................
C 21" high x 41" wide (arch)
Fixed arch ........................
Base Bid
15
Alt.No.1
I
I'
I
I
I
I (1)
(1)
I (1)
I
I
I (1)
i
I
i
(1) Combinati°n Window &'Arch (Furniture Stor.)
C 70 7/8" high ~ 41" wide (bottom)
'Single Hung ........................
C '21" high x .41" wide (arch)
Fixed Arch ........................
Single Window (Furniture Storage)
A 91 7/8" high x 35" wide
'Single Hung
Triple window'Unit (Furniture Storage)
A 91 7/8" high x 35" wide
Single Hung .......................
A 91 7/8" high x 35" wide (size
approximate, currently boarded off)
Single Hung .......................
A 91 7/8" high x 35" wide
Single Hung .......................
Single window (Furniture Storage)
A 91 7/8" high x 35" wide
Single Hung .......................
(1) Single Window (Emergency Management)
B 32 3/4" high x 33 3/4" wide (size
approximate, currently boarded off)
Fixed Window .......................
Single Window (Emergency Management)
B 32 3/4" high x 33 3/4" wide (size
approximate, currently boarded off)
Fixed Window ......................
Single window (Emergency Management)
B 32 3/4" high x 33 3/4" wide (size
approximate, currently boarded off)
Fixed Window ......................
16
Base Bid
Alt.No.1
· SECOND FLOOR -'WEST (south to north)
Base Bid
(1) Single Window (Emergency Management)
A 91 1/8" high x 35" wide
Single Hung ............................
(1) Triple window Unit (Emergency Management)
A 91 '1/8" high x 35" wide
Single Hung ............................
A 91 1/8" high x 35" wide
Single Hung ............................
91 1/8" high x 35" wide
Single Hung ............................
(1) Single Window (Emergency Management)
A 91 1/8" high x 35" wide
Single Hung ............................
(1) Double window (Historical Society)
TOTAL BID
D 77 3/8" high x 34 1/2" wide Single Hung ............................
D 77 3/8" high x 34 1/2" wide Single Hung ............................
17
Alt.No.1
IL
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C.r,,..,o No 4 6 1 4 W,.DOWS. ,.C.
Number. 2060 34TH WAY. LARGO, FLORIDA 34641
ALUMINUM & VINYL WINDOW 50 YEAR - UMITED WARRANTY
CERTIFICATE OF COVERAGE REGISTRATION CERTIFICATE
· Dale, ,, O~lglttal Purc~t~er. Prepealy Owner ~
Loc~lott d home e~ bulldleg: Slreel CI~ .........
The Prc~etly Owlter nan'~d above has I~rchased WINDOWS. INC. prodUall and is entilled to Ptele~llcm under our 50-YEAR Warranty.
No. c~ Wmdow~ Deabrt Fkm Name
Acktre~ C~ ,,.
Dale Dea~t'l Slgnaure ..........
I h~e43y cedlly that th,, above ~nlta#atlen petlalns to thl~ warranty. ~ul0 hasbeen ptopedy installe<L
Slgflalwe of Odgln&l Purct~aser-Preperty Owr~r.
INF~N~TAF~: WA/~qANTY MIJ~T ~ REGi~TEREID WITH~N THIRI'Y(30) DAyS el dill al ~ll~ ~ ~ ~, ~i ~
Ieee Il ,v~ ~e~e~ a' ~ ~ e~,~,l k, l,~eha~ e~lme~ed ,*a~mty eev,~llle,
Zip
[~ Extended Wartanty purchasecl
-C~tp of Sebastian
~225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 = FAX (407) 589-5570
ADDENDUH NO. 1
TO
WINDOW SPECIFICATIONS
FOR SEBASTIAN CITY HALL
ISSUED MARCH 15, 1994
1. Four fixed windoWs located on first floor, south wall
(approximately 32 3/4" high by 33 3/4" wide, each) and
which are currently boarded off must be installed from
the outside so as not to interfere with the existing
interior wall.
2. Window located on first floor, west wall identified as
part of double window unit in Telephone/Mens Room
(approximately 78 1/2" high x 34 1/2" wide) and which is
currently boarded off must be installed from the outside
so as not to interfere with the existing interior wall.
Window specifications to be amended to a fixed window.
3. Single hung window located on first floor, north wall
identified as part of triple window unit in City Clerk's
Office (approximately 92 3/4" high x 35' wide) and which
is currently boarded off must include cost to change
dropped ceiling to accommodate the window and to match
existing drop ceiling in proximity to existing windows.
4. Section 2.01 Materials, Glass and Glazing states "Glass
to be light gray tint, tempered where required by Code."
"Code" refers to Chapter 27 of the Standard Building
Code, 1991 Edition (Glass, Hazardous Locations).
5. If contractor finds it cost effective to remove and
replace all window trim, rather than as noted in the
2-28-94 specifications, he may bid the project
accordingly, provided all windows and trim are
constructed to match their original appearance.
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
ADDENDUM NO. 2
TO
WINDOW SPECIFICATIONS
FOR SEBASTIAN CITY HALL
ISSUED MARCH 17, 1994
e
Section 1.02(C) RELATED WORK calls for break metal or
vinyl sections as required for 100% coverage of existing
wood. Break metal to be .060 inch thickness with e.s.p.
white or 1/16 inch extruded aluminum.
Section 1.04(B)(4)(a) TESTING AND PERFORMANCE
REQUIREMENTS calls for a uniform load structural test
pressure of 30 psf negative and positive. This is an
exception to the aforementioned HC40 designation.
Section 1.06(A)(1) WARRANTIES is amended to also include
a five year warranty on all paint.
Section 2.01(C)(1) PRODUCTS is amended to specify latches
to be metallic cam-latches with white finish.
Section 2.01(C)(2) PRODUCTS is amended to specify all
'balances shall be heavy duty spiral balances manufactured
by Jim Walters, or block and tackle balances manufactured
by Balance Systems, Inc. or equal.
Section 2.02(A)(3) FABRICATION calls for ability to
replace glass from interior of building. This may
include a ~ompletely removeable sash to allow the
Feplacement of the glass.
CODE ENFORCKMI~NT BOARDOF ~ CI~"/OF SEBASTIAN, FLORIDA
92-6345, 92-6348
COMPLAINT NO.. 92-6418, 92-6436
CITY OF SEBASTIAN,
Petitioner,
Herbert Sturm
Respondent.
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA ) \
COUNTY OF INDIAN RIVER)
BEFORE ME, the undersigned authority, personally appeared
Robert N. Nicholson , Code Enforcement Officer for the
City of Sebastian, who, after being duly sworn, deposes and says~
1. That on the 20 day of May , 19 92,
the Board held a publi~ hearing and issued its order ~n the
above-styled matter.
2. That, pursuant to said Order, Respondent was to have
taken certain corrective action by or before the 21 day of
, 19 92
3. That a reinspectton revealed that the corrective action
ordered by the Board has not been taken in that construction
material and other items depicted in photographs'taken May 20, 1992
have not been completely removed.
FURTIIER AFFIANT SAYETH NAUGBT.
DATED this 22 day~of September , 19 93
y
odF-Enforcement'd~fi~6r
SWORN to and sub,crib68 before me this 6 day of
October , 19 93 ' ~
IN THE MATTER OFF
Mr. Herbert Sturm
549 Saunders Street
Sebastian, FL 32958
LEGAL DESCRIPTiONt
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
CASE NOS.
mO~,~
~Cmm
o-~>~
oQm.~
92-634~
92-6418
92-6436
Lot 4, Block 62, of SEBASTIAN HIGHLANDS
UNIT ~, of Indian River County, Florida.
AMENDED ORDER
THIS ORDER amends the Order that originally came to be heard
after due Notice to the Respondent at a violation hearing conducted
by the Code Enforcement Board of the City of Sebastian on May 20,
1992. The Board after having heard testimony under oath, received
evidence and heard argument of counsel or respondent, if any,
thereupon issues its Finding of Fact, Conclusion of Law and Order
as follows;
FINDINGS OF FACT
The Board determined upon the evidence presented that; Herbert
Sturm was storing junk and debris such as construction materials,
.i
barrels and water tanks in violation of the City ordinances.
CONCLUSIONS OF LAW
The Code Enforcement Board concludes that the above-referenced
individual was in violation of Chapter 16-1(b), (c), (e) & (f) of
The Code of Ordinances of the City of Sebastian and Section 12-31
of the Code of Ordinances, Indian River County, Florida.
ORDER
1. Based upon the foregoing Finding of Facts, Conclusion of
Law, it is hereby ordered that: The violator is fined $100.00.
Also, the violator has twenty (20) days from receipt of this Order
to clear the premises and bring it into compliance with the
ordinance or a fee of $100.00 per day is levied. Compliance would
entail the violator removing all construction materials, barrels,
water tanks and debris and those items depicted in the photos that
were taken on May 20, 1992 and shown by the City to the Board.
OF SEBASTIAN
.o. ~x ze0,~7
225 MAIN STREET
SEBA,SnAN, FLORIDA
2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE
INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF
THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION
OF THE VIOLATION.
3. If Respondent causes a reoccurrence of the violation, this
Board shall reconvene in the Council Chambers to hear further
evidence on the issue of compliance and to impose a fine of up to
the maximum amount of $500.00 per day for each day the violation
coutinues. In the event of a future violation of this order after
the aforementioned date, Respondent shall be renot~fled of a new
compliance hearing, at which the Board will review the evidence and
impose the fine provided here~n if said violation is determined to
have again occurred.
4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST T~E REAL PROPERTY UPON WHICH THE
VIOLATION EXISTS, OR IF YOU DO NOT OWN T~E PROPERTY, THEN AGAINST
ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF
YOUR PROPERTY;~ THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO
COMPLY WITHIN T~E STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR
IMMEDIATELY.
DONE AND ORDERED this
__day of~, 1992.
Code Enforcement Board
Nunc Pro Tunc
ATTEST:
CITY OF SEBASTIAN,
Petitioner,
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
Dmm~
~<
COMPLAINT NO. 93-8933
James Malone,
Respondent.
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER
THiS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on /anuarv 19. 1994, ,
after due notice to the Respondent and based on the evidence
presented, the Code Enforcement Board makes the following:
FINDINGS OF FACT
That the respondent is the owner of the residence located at Lot
21. Block 316~ Unit #13 Sebastian Highlands, 880 ~enessee Aven~e.,
Sebastian. Florida: Thre~boats on lot. each constitutes one R.V.;
Junk vehicles located on propertY.
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCLUSIONS OF_LAW
That the Re.s~ondent is i~ violation....9~ Section 20A-5.16(C)(9) of
the Land Development Code (C. Parki.~ and storage of recreational
vehicles - Recreational ~hicles as described herein mav be ~arked.
stored or placed on an7 improved lot in any residential district,
provided that: 9.. No more than two (2) recreational vehicles
shall be...~._grmitted on an~ one/~DroFed lot whose area does not
exceed fo~rteen__thousand nine ~hundred and ninetY-nine (14,999~
~uare feet.): Section 86-47 of the Code of Ordina~ces (Unlawful
deposits. - It shall be unlawful for any_ _person to deposit, keep or
maintain an~ junk in an7 lot or space within the Clt7. except onl~
'1
I
that trash~ oarbaoe or other waste from livina ~uarters ma~ be ·
dg~osit~d ~n~he place provided by the City for such deposit.) of
the Cit7 of Sebastian.
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
ResDo~ndent shall have 15.calendar daTs from the date of this
hearing to brina th~ DroDert_~ into compliance.
Upon failure of the Res_Dondent to comply with thls..Order ..... on..
or before the..3r.d__dav of Februar7, 1994, the Code Enforcement Board
does lev~ a fine..~ nD to $500.00 for ever7 day the violation of
Secti.9~ 86-47 continues and a fine of $25.00 for ever~ day that...the
violation,,,,gf_Section 20A-5.16(C)~9) continues past the date set for
compliance.~. It shall be the responsibility of the Respondent to
notify the Code Enforcement officer that compliance has been
achieved.
If Respondent does not comply on or before the date set for
compliance, aq Order imposing a fine may be recorded in the
Official Records of Indian River County, and once recorded, SHALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the violation, this
Board shall after notification to the Respondent, reconvene in the
ouncil Chambers to hear further evidence on the issue of
_
ompliance and may ~mpose a fine of up to the maximum amount of
$500.00 per day for each day the violation continues beyond the
compliance date.
The foregoing Order was moved for adoption by the Code Board
member George Metcalf. The motion was seconded by Code Board
member Joan Kostenbader and, upon being put to a vote, the vote was
as follows:
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
Yes
Yes
Yes
Yes
Yes
yes
Yes
The Chairman thereupon declared this order duly passed and
adopted this 19 day of Januarv ,1994.
DONE AND ORDERED in Sebastian, Indian River County, Florida,
this ~
ATTEST:
day of ~ , 19 ~ .
C FLORIDA
C~AIRI~Code E~forcement Board
NUNC PRO~
Clerk, '~d6 Enforcement Board
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, ~d Order ha~ been
furnished by U.S. Mail to Respondent at ~'~O ,~--~-~-~-~--~'~-~--
~.~ · ~ , this ~- day of
' ~a ~u~z.-'~ , 19 ·
Clerk, ~' Enforcement Board
I r~.,~ ~.~IT~t_ OF SEBASTIAN
~ '"' 122.5 MAIN STREET
J' [ SEBASTIAN! FLOR!DA 329~8-0~7
I
i
I
I
I
eobR RNFo~e~H~N~ BOARD OF
CITY OF SE~A~TI~,
Jame~ ~alon~ .,=~
Respondent.
o~
oo~_
STATE OF FLORIDA
COUNTY OF INDIAN
4.
aotion ordered by the Board lies been
FURT[IER AFFIANT SAYETII NAN(lilT,
DATED thio · 1~8 day of
BEFORE ME, tile undere[gned authority, pereOnally appeared
Robert; N..Nicholson .... , code Enforcement Officer for the
city of Sebastian, who, after betllg duly: sworn~ deposes and
1. That 011 the 19 day ~ Januar~ ~ 19 94 ,
abov~-st~lsd matter.
take. certain e0rreetlve aotio~ bg or before ~he 3 , day of
February ,~ ~ 19 94 .
Tilde a relnspeetlon wee performed on ~l,e _zs day of
My Co~.i~elon Expire.!
1225 MAIN STREET
SEBASTIAN, FLORIDA 32978-0127
April ~ 19 94 [,
SWORN to and eub~orlbed before me ~h{e is day of
April p 19 9~4 ~) , . :
CODE ENFORCEMENT BOARD OF THE cITY OF SKBASTIAN, FLORIDA
COMPLAINT NO. 93-8933
CITY OF SEBASTIAN,
Petitioner,
James Malone ~ ~
OC
, ~FIDAVIT OF NON-CO~LI~CE ~ ~
STATE OF FLORIDA ) '
COUNTY OF INDIAN RIVER)
BEFORE ME, the undersigned authority, personally appeared
Robert N. Nicholson , Code Enforcement Officer for th
city of Sebastian, who, after bein~ duly sworn, deposss and says~
1. That on the ~ day of January , 1994 ,
the Board held a publf~ hearing and issued its Order in the
abovo-stylod matter,
2. That, pur~u,nt to said Order, Re~ponden~ wa~ to have
taken certain corrective action by or before the ~ day of
February.~ , 1994 .
3. That a reinspection revealed that the corrective action
ordered by ~he Board has not been taken in that there are still
too many R.V.s on lot. (Section 20A-5.16(C) (9}) . Section 86-47
~junk vehicles) is in compliance.
FURTHER AFFI~T SAYETH NAUGHT.
. DATED this 10 da ~of ' February . 19 94
e ~his ~0 da of
SWORN to and subscribed before m __
4 '
Februar~ , 199 , ,,~.
I ~~ OF SEBASTIAN
~ RO. SOX 7~2Z
~/ I ~5 MAIN 8TflEET
[.. s~e~sn~. ~OmO~
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
I COMPLAINT
CITY OF SEBAStiAn,
Ivs. '
I Travi~ and Jane~.~olland,
I Respondent.
FINDINGS OF FACT,
CONCLUSIONS 0F.L~W, AND ORDER
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on October 20, 1993,
after due notice to the Respondent and based on the evidence
presented, the Code Enforcement Board makes the following:
FIND.~NGS OF FACT
i Tha~ the Respondents are the owners of the residenc~....located at Lot
2. Bl°ck 360, U~it #1'i', Sebastian Highiands= 1~ PleaSantvi~w
~ane, Sebastian, Florida: RV is used for sleeping/housekeeping or
I livina auarters,... Electri.c. water & TV are hooked up..,
WHEREFOre, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCLUSIONS OF LAW
That the Respondents are in violation of the Land Development Code
of the Cit~ of Sebastian Section 20A-5.16(~)(~) - Recreational
vehicles as described herein ma~ be 9ark~d. stored or placed on any
{mproved lot in 9ny residential dis_trict, provided that: The
recreational, vehicle is not used for slee~ina~ housekeeping, or
livi~ quarters while parked on any imDroved~ot. The attachment
of one or mo~ wires between the recreational vehlcle and any
electrical ~ower outlet in a residence shall be prima fac!~
evidence of hoBseke~ping.
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Respondent shall have 3 calendar days from the date of this
hearing to brina the Dropert~ into compliance,
Upon failure of the Respondent to complN with this Order, on
or before the 23 da~o~ October, 1993, the Code Enforcement Board
does lev7 a fine of u~ to $50.00 for every dan the violation
continues past the date set for compliance. It shall be the
responsibility of the Respondent to notify the Code Enforcement
officer that compliance has been achieved.
If Respondent does not comply on or before the date set for
compliance, an Order imposing a fine may be recorded in the
Official Records of Indian River County, and once recorded, SHALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the violation, this
Board shall after notification to the Respondent, reconvene in the
Council Chambers to hear further evidence on the issue of
compliance and may impose a fine of up to the maximum amount of
$500.00 per day for each day the violation continues beyond the
compliance date.
The foregoing Order was moved for adoption by the Code Board
member Donato Derob~rtis. The motion was seconded by Code Board
member Georqe Metcalf and, upon being put to a vote, the vote was
as follows:
I
I
I
I
I
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
No
Yes
.Yes
Yes
Yes
Yes
The Chairman thereupon declared this order duly passed and
adopted this 20~ day of October,1993.
DONE AND ORDERED in Sebastian, Indian River County, Florida,
Ci~ FLORIDA
CH[IPd~H~/C6~_Enforcement Board
NUN~ PR~.~
ATTEST:
~Clerk,~ode Enforcement Board
I HEREBY CERTIFY that a true and correct copy of the above and
fore.going Findings of Fact, Conclusions of Law,~gnd Ord~er has bee~p
furnlsh,e.d~by U.S. Mail t° Respondent at /5~F-q ~v~ ~
~7, ~r'-%5'(~ ~; ~' , this
P.O. BOX 7e0127
1225 MAIN 8TRE~
'SEBASTI~, FLORIDA =g78-01~
I
' I
I
, :I. 9 '~3 ~'7 ~ day ofi
Cl~erk, ~o/~e~ Enforcement Board
1
CITY OF SEBANTIAN,
Travi$ & Janet Holland
negpondent. '
AFFIDAVIT OF
STATE OF FLORIDA
COUNTY OF INDi~fl RIVER}
t
93-8571
BEFORE [4E~ the ul~derBigned authority, personally appeared
..... ~eadeth,, Smith . , code Enfor~emen~ of£loer for tile
City of Sebastian, who, after bell~g duly'$worn~ depoaee and ~ayg~
1. That on the a~ day of october
-- ~, 19
th~ Board h~ld a ~ubllu {marinO and l~iu~d iii o~d.r I. ~h~
2. That, pursuaut to ~atd order~ Responasn~ was ~o have
taken uertaln obrreotlve autlon by or b~fore ~he 23 day of
.., October .~ 19 9~,
'3. TF~t a reln~peotion was Performed on ~he i~ ~ay of
4, Thee ~he relnspeo~ion revealed ~ha~ ~he ookkeoElve
aotlon ordered by the Board ha~ been takan,
FURTIIER AFFIANT SAYETH HAUi]HT, t'
DATED this 'i8__~_ day of
~/ . ..o. Box ?~u?
SEBASTIAN, FLORIDA 32978.0127
CODE ENFORCEMENT BOARD OF
CI~ OF S~BASTi;~I, FLORIDA
CITY OF SEBASTIAN,
Petitioner,
Travis & Janet Holland
Respondent.
COMPLAINT NO.
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF INDIAN RIVER)
93-8571
BEFORE ME, the undersigned authority, personally appeared
Rob.rt N. Nicholson , Code Enforcement Officer for the
City of Sebastian, who, after being duly sworn, deposes and saysz
1. That on the 20 day of October , 19 93 ,
the Board held a publi~ hearing and issued its Order in the
above-styled matter.
2. That, pursuant to said Order, Respondent was to have
taken certain corrective action by or before the 23 day of
Octobe~ , 19 93
3. That a reinspection revealed that the corrective action
ordered by the Board has not been taken in that the R.V. is not
disconnected from the electric , water or T.V.
FURTIIER AFFIANT SAYETH NAUGHT.
DATED this 27 day,of October
, 19 93
SWORN to and subscrib~b~ebefore me this 27 day of
October ~, 19 93 . '
Commission. Expires;
1~5 MAIN STR
EET
ASTIAN. FL~IOA ~978-0~27
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Community Center-Wedding
Reception-Richard Hullen
'APPROVED FOR SUBMITTAL BY:
City Manager: ~1~~
Agenda No. g~/./77
Date Submitted 06/13/94
For Agenda of 06/22/94
Exhibits:
Application
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
S~ARY .STATEMENT
The City of Sebastian has received a request from Richard Hullen
for use of the Community Center on July 16, 1994, to hold a
wedding reception between the hours of 4:00 P.M. and 8:00 P.M.
He is requesting use of alcohol at this event.
RECOMMENDED ACTION
Review the above request and act accordingly.
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
C0~ONi~ C~rER ~,w. 9~1'T ~
no,
4)' Will there be an admission or door charge?
5) Will alcoholic beverages be served?
(a)permittee's proof ot ,gelf anmr to ,$.is yes-
/,.~7 ~1~,.-~].....,,.._...
(b). If alcohol is to be served, penusslo~' ' zs ,req~i_'red .by the
City Council. Your request will be presented co Council
on
Ad,ess o~ Pe~ttee:8 q=~ C~ ~ r o ~ ~ ~e.
Telephone NO.: ~ Date Of lppli.tiou
Ma~e ch~ks palmble to: ~ OF ~3&~IAN
. --- ~_?~/_-~, ,,
Rental Fee_ paid on ~//c_~/5~Z~ (dat.~) in t~ amount of
Alcoholic Beverage Request heard at the Council Meetinqon
(date). Request APPROVED / DI~NIED.-
Fee Waiver Request heard at the Council Meeting[ un
(date). Request APPROVED / DEIFIED.
Key Picknp Date Key Return Date
amountSecuritYot?Pouit returned by City CheCkon
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT:
Ordinance No. 0-94-07
Public Service Tax
Revised Draft
APPROVED FOR SUBMITTAL BY:
City Manager: ~~
AGENDA FORM
) Agenda No. ~./~0
)
) Dept. Origin CM
) Joel L. Koford
)
) Date Submitted 6/16/94
)
) For Agenda Of .6/22/94
)
) Exhibits: Revised 0-94-07
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY STATEMENT
The City Council, at its June 8, 1994, Regular Meeting, conducted
a public hearing on proposed Ordinance No. 0-94-07 relative to
eliminating the $2.50 cap on the public service tax.
Subsequent to the hearing, a lengthy City Council discussion
took place and the subject matter was continued to June 22, 1994.
The City Attorney, following a review of all language in Chapter
94, Article II, has prepared a revised Ordinance No. 0-94-07 for
first reading. A verbal report will be presented at the meeting.
RECOMMENDED ACTION
Move to include the levy of an appropriate percentage for the
public service tax, approve revised Ordinance No. 0-94-07 on
first reading as amended, and schedule the public hearing for
July 27, 1994.
.
ORDII~NCE NO. 0-94-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBA~TIAN~ ~NDIAN RIVER COUNTY, FLORIDA, PERTAINING TO
THE PUBLIC SERVICE TM LEVIED PURSUANT TO CHAPTER 94,
~RTICLE I.~, OF THE CODE OF ORDIN~]~CES OF THE CITY OF
SEBASTIAN, ~V-ENDING SECTION 9.4-2, PERTAINING TO THE LNVY
OF THE PUBLIC SERVICE TAX, ~END.~NG SECTION 94-28.
PERTAINING T,O. COLLECTION BY SELLER, I~ONTHLY REPORTS,
DELINQUENCIES, WENDING .SECTION 94-29 PERT.~iNING TO
RECORD OF ~_~ES BY SELLER, EXAI~INATION BY CITY, ~EI~DING
TELEPHONE SERVICE, KETERED SALES OF G&S, ETC:,
SECTION 94-$~ PERTAINING TO COHPUTATION OF TAX, PROVIDING
FOR REPF~L OF O.I~IN~CES OR PARTS OF ORDINANCES
CONFLICT H.E. RE~ITH, PROVIDING FOR INCLUS. ION IN THE CODE OF
ORDIIq]~I~CES, PROVIDING FOR SEVEI~BILITY, ~D PROVIDING FOR
AN EFFECTIVE DATE.
//~ WHEREAS
? , the City Council of the City of Sebastian has
i .
)determined that the provisions of Section 94-31 of the Code of
~/ Ordinances of the City of Sebastian are inconsistent with certain
specific bond covenants regarding the financing of the acquisition
~-~h ~'~ ~DU~..U~i- t~i~~ and
WHER~S, the .City of Sebastian des.ires to amend the. language
of its ordinance ~n order remove any ~nconsistencies w~th their
bond rate covenants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL.OF THE CITY
OF SEBASTI~Iq, INDIAN RIVER COUNTY, FLORIDA, as follows.
SE.CTION 1. Chapter 94, Article II, Section 94-26 of the Code
~ljffs~nances of the City of Sebastian is hereby amended as
There is hereby levied by the city within the
corporate limits of the city, .on each and every sale
within the city of electricity, metered or bottled gas
(natural, liquefied petroleum gas or manufactured), water
service and local telephone and telegraph services, ~
~i~i~~~ of the charge made by the seller
thereof, which tax, in every case, shall be paid by the
purchaser, for the use of the city, to the seller of such
electricity, metered or bottled gas (natural, liquefied
petroleum gas or manufactured), water service or local
telephone and telegraph services at the time of paying
the charge thereof."
SECTION 2. Chapter 94, Article II, Section 94-28 of the Code
of Ordinances of the City of Sebastian is hereby amended as
follows:
"Sec. 94-28. Collection by seller; monthly reports;
delinquency.
(a) It shall be the duty of every seller of
electricity, metered or bottled gas (natural, liquefied
petroleum gas or manufactured), water service or local
telephone and telegraph services to collect from the
purchaser, for the use of the city, the tax levied by
this article, at the time of collecting the selling price
charged for each transaction, and to report and pay over
2
.
on or before the 20th day'of each calendar month unto the
city clerk, all such taxes levied and collected during
the preceding calendar month. It shall be unlawful for
any s~ller to collect the price of any ~ale of
electricity, metered or bottled gas (natural, liquefied
petroleum gas or manufactured), water service or local
telephone a~ telegraph services, without at the same
time collecting the tax levied by this article in respect
to such sale, unless the seller shall elect to assume and
_
pay such tax without collecting the tax from the
purchaser.
(b) Any consumer falling to pay the tax,
lawfully be imposed by the city shall be liable to the city
for the amount of such tax and the city manager shall cause to
be brought all suits.and actions and to make all proceedings
in the name of the.city as may be necessary for the recovery
of such tax. The city may in.the nonpayment__ of the tax by the
consumer lawfully impose and is hereby invested with the power
to make such special assessments against the property of the
consumer (such property real, personal or mixed) as may be
necessary for payment of the tax."
SECTION 3. Chapter 94, ArtiCle II, Section 94-30 of the Code
_
of Ordinances of the City of Sebastian is hereby amended as
follows:
"Bec° 94-:30
Tax applicable only for local telephone
i service; metered sales of gas, etc.
The tax levied under this article on sales of
i telephone service shall apply to alt charges made for
local telephone service as defined in F.S.
I ~(i~I, except local messages which are paid for by
i inserting coins in public coin-operated telephones,
access charges, and any customer access line charges.
I Each metered or measured service of electricity, water
service or gas (natural, liquefied petroleum gas or
I manufactured) shall constitute a separate sale."
SECTION 4. Chapter 94, Article II, Section 94-31 of the Code
of Ordinances of the City of Sebastian is hereby amended as
follows:
"Sec. 94-31. Computation of tax.
In all cases where the seller of electricity,
metered or bottled gas (natural, liquefied petroleum gas
or manufactured), water service, or local telephone and
telegraph services collects the price thereof at monthly
periods, the tax levied by this article may be computed
on the aggregate amount of sales during such period,
provided that the amount of tax to be collected shall be
the nearest whole cent to the amount computed.~
4
SECTION 5. ~.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6. CODIFICATIQN.
It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby provided
that the provisions of this ordinance shall become and be made a
part of the Code of Ordinances of the City of Sebastian, Florida;
that the sections of this ordinance may be renumbered or relettered
to accomplish such intention; and that the word "ordinance" may be
changed to "section", "article", or other appropriate designation.
SECTION 7. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of this Ordinance shall not be
affected and it will be presumed that the City Council of the City
of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
5
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Council
Member
Council Member
The motion was seconded by
and, upon being put to a
vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1994, and
that following said public hearing this Ordinance was passed by the
City Council.
6
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(S~L)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
7
C ty Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT:
city Attorney Proposals
APPROVED FOR SUBMITTAL BY:
.city Manager: L
AGENDA FORM
Agenda No.
Dept. origin
Date submitted
For Agenda Of
Exhibits:
Clerk
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED:
N/A
SUMMARY STATEMENT
At the suggestion of the city Manager, city Council, at its June
8, 1994 Regular Meeting, scheduled the shortlisting of city
Attorney proposals for the June 22, 1994 Regular Meeting and
interviews for the July 13, 1994 Regular Meeting.
copies of all proposals were distributed to city council members
on Thursday, June 9, 1994. Please refer to those copies for
backup.
~ECOMMENDED ~
shortlist proposals and direct staff to invite those attorneys
to interview at the July 13, 1994 Regular Meeting.