HomeMy WebLinkAbout07071993City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, JULY 7, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS ~ ~
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
93.205
PGS 1-2
ANNOUNCEMENTS
CONSENT~
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Bid Award - Barber Street Sports Complex Site
Preparation - Henry Fischer & Sons - $112,500.00
(City Engineer Transmittal dated 6/28/93, Bid
Tabulation)
93.206
PGS 3-5
93.207
PGS
93.208
P~S 9-10
93.209
PGS 11-2
93.054
9.
10.
93.064
PGS 21-34
93.210
PGS 35-54
Bid Award - B~rber Street Sports Complex -
Fencing - Patriot Fence Company - $9,366.00
(City Engineer Transmittal dated 6/28/93, Bid
Tabulation)
Bid Award - B~eetSports Complex -
Electrical -~euberber~ Electric - $6,847.00
(City Engineer~al dated 6/25/93, Bid
Tabulation)
Bid Award - Barber Street Sports Complex -
Irrigation - United Irrigation - $16,650.00
(City Engineer Transmittal dated 6/28/93, Bid
Tabulation)
7. ~AYO~CIT¥~~
A. Mayor Lonni$ ~,~ Powell
B. V' e-~ Fran~ ~
C. Mrs. CarolvD Corum
1. Cable TV Franchise (Code of Ordinances -
Article IV - Franchises)
Police Station - Request Calendar of Events -
History (No Backup)
D. Mrs. ~ Damp
E. Mr. ~obertFreeland
CITY ATTORNE¥~ATTERS
CiTY MANAGERMATTERS
WORKShOp ITEMS
A®
Review Revised ordinance No. 0-93-06 - Tree
Protection - (3rd Draft) - Per City Council
Direction at 5/5/93 Workshop (Director of
Community Development Transmittal dated 7/1/93,
[5/5/93 Council Minutes Submitted by City Clerk],
Revised 0-93-06)
Public Works Department/City Engineer - State of
the Department (City Engineer Transmittal dated
7/1/93, Report dated 7/1/93)
2
93.211 C.
PGS 55-62
93.212 D.
PGS 63-66
93.119 E.
PGS 67-69
93.213 F.
PGS 7Z-77
93.214 G.
PSS 79-88
Sebastian River Water Control District (city
Engineer Transmittal dated 6/3/93, Carter Report
dated 6/2/93)
Coakley - Rear Ditch Culvert Pipe Request (City
Engineer Transmittal dated 6/14/93, Coakley
Letter, Drawing)
Fey Request for Wave Attenuator Extension - Yacht
Club Pier - Review Riomar Report (City Engineer
Transmittal dated 6/3/93, Riomar Letter dated
6/3/93)
Utilities Department - Additional Staff
- Proposed Job Description (Utilities Director
Transmittal dated 6/5/93, Memo dated 6/3/93, Job
Description)
Water System Connection Agreement Between City of
Sebastian and Captain Hiram's (Utilities Director
Transmittal dated 6/29/93, City Attorney Letter
dated 6/24/93, Proposed Agreement)
11. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANYDECISION MADE BY THE CiTY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
3
City of Sebastian
I POST OFFICE BOX 780127 I:3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Barber Street Sports )
Complex Site Prep. )
bid award )
)
)
)
Approved for Submittal By: )
)
City Manager ~-~ )
Agenda No:
Dept. Origin
Date Submitted
ENG / P~
06-28-93
For Agenda of
07-07-93
Exhibits: Bid Tabulation Form
EXPENDITURE
REQUIRED: $112,500.
AMOLINT APPROPRIATION
BUDGETED: $180,000. REQUIRED:
SIYMMARY STATEMENT
i reviewed Cathco, Inc. bid proposal for Ballfield number
four. The bid clarification indicates that the existing
clay material would be used on site and that no other clay
material would be included. Because of the difference
between Fischer and Sons bid proposal and Cathco's, I felt
it was imperative to discuss their bid proposal to make sure
that all the work was include .~~0
we/met at 9:00/~n Monday, the 28th, to discuss their/bid
proposal. He/indicated that his bid price included all work
described in the site preparation package except for the
purchase and installation of the clay sand mix material.
........ He explained to me that for him to include the cost for
additional clay and installation, that the bid would be
$107,958 or approximately $21,000 higher than his bid
price. Because Cathco cannot install the ballfields to the
specifications for the $86,918., it is apparent that Fischer
and Sons is low bidder at $112,500.
RECOMMENDED ACTION
Move to award the site preparation contract for ballfield
number four to Henry Fischer and Sons for $112,500.
I
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE June 22nd, 1993 2:30 P.M.
CONTRACTOR/VENDOR ITEM DESCRIPTION
Cathco, Inc. BSSC site preparation
Fischer and Sons BSSC site preparation
NO OTHER BIDS WERE RECEIVED
TOTAL
S 86,918.
$112,500.
I
City of Sebastian
I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
I FAX 407-589-5570
SUBJECT: Barber Street Sports ) Agenda No:
Complex Fencing )
I bid award ) Dept. Origin ENG/P
)
) Date Submitted 06-28-93
Approved for Submittal By: ) For Agenda of 07-07-93
)
i ~ ) Exhibits: Bid Tabulation Form
City Manager ~,~ )
I EX PEND I TURE AMOUNT AP PRO PRI AT I ON
REQUIRED: $ 9,366. BUDGETED: $180,000. REQUIRED:
SUMMARY STATEMENT
Two bids were received as identified in the bid tabulation
form. Apparent low bidder was Patriot Fence Co. Because of
the cost difference between the two bids, I held a telephone
conference with the apparent low bidder to determine if all
the work was included. Their bid included all the fence work
except for the six foot tall rolling gate which they quoted
a price for $415. bringing the total bid price to $9,366.
Patriot Fence Company is not currently licensed in the City
of Sebastian but shall be making application prior to the
workshop meeting and would be heard by the Construction
Board on July 13, 1993. Considering projects which Patriot
Fence Co. has done for the F.D.O.T., Patrick Air Force Base,
work in Port St. Lucie, Veto Beach and throughout
the State, it is the opinion of Staff that the company could
be eligible for approval by the board and may be able to sit
and take the Block Exam in Gainesville. They have indicated
that they would be willing to sit for the exam and upon
notification of a passing test score they would become
licensed in the City of Sebastian.
Staff has reviewed their bid proposal and determined that
they have met with the bid specifications for material and
installation which is of a higher quality than the next low
bidder. The cost of fencing for ballfield number one was
approximately $17,000. Considering the reputation of the
company and that they did meet the bid specifications,
staff feels that their price is fair and reasonable~
RECOMMENDED ACTION
Move to award the fencing contract to Patriot Fence Company
for $9,366 upon becoming licensed in the City of Sebastian.
City of Sebastian
POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE June 22nd, 1993 2:30 P.M.
CONTRACTOR/VENDOR ITEM DESCRIPTION
Patriot Fence Co. BSSC fencing
Wood N Nichols BSSC fencing
NO OTHER BIDS WERE RECEIVED
TOTAL
$ 8,951.
$Z4,000.
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City of Sebastian
I
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Barber Street Sports )
Complex Electric )
bid award )
)
)
)
Approved for Submittal By: )
)
City Manage )
Agenda No:
Dept. Origin
Date Submitted
ENG/P~
06-25-93
For Agenda of
07-07-93
Exhibits: Bid Tabulation Fern
EXPENDITURE
REQUIRED: $6,847.
AMOUNT APPROPRIATION
BUDGETED: $180,000. REQUIRED:
SUMMARY STATEMENT
Two bids were received for electricial contractor, as
shown on the bid tabulation sheet. Apparent low bidder,
was Neuberger Electric of Sebastian. Staff has reviewed
his bid proposal. Based on past experience with Chuck
Neuberger doing various electrical contract work before for
the City and his experience with the electrical system at
the Barber Street Sports Complex we feel that his bid
proposal is inclusive and is fair and reasonable.
RECOMMENDED ACTION
Move to award the electrical bid contract at the Barber
Street Sports Complex to Neuberger Electric in the amount
of $6,847.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE June 22nd, 1993 2:30 P.M.
CONTRACTOR/VENDOR ITEM DESCRIPTION
Neuberger Electric BSSC lights and scoreboard
McCall Electric Inc BSSC lights and scoreboard
NO OTHER BIDS WERE RECEIVED
TOTAL
$ 6,847.
$13,150.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Barber Street Sports )
Complex Irrigation
bid award
Approved for Submittal By:
City Manager~~~
Agenda No:
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda of
)
ENG / P~
06-28-93
07-07-93
) Exhibits:
)
Bid Tabulation Form
EXPENDITURE
REQUIRED: $16,650.
AMOUNT APPROPRIATION
BUDGETED: $180,000. REQUIRED:
SUMMARY STATEMENT
Two bids were received as identified in the bid tabulation
form. Apparent low bidder was United Irrigation. Because of
problems in the past with United irrigation, a telephone
conversation was held with Jeff Sardella general manager in
which I expressed the City's concerns related to
installation and service problems that occurred during the
installation of ballfield number three and two. He
explained that there was a problem but that problem has been
corrected when he was hired to handle this section of the
company. We discussed payment, should problems arise, and
we came to an agreement that the City would hold the cost of
Labor for 30 days after installation to insure that the
system was operating with 100% coverage as defined in the
specifications. The City's immediate obligation would be
for materials only. The bidding documents required
contractors to provide a one year warranty which shall be
included for materials and labor.
RECOMMENDED ACTION
Move to award the irrigation system at the Barber Street
Sports Complex to United Irrigation for $16,650.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE June 22nd, 1993 2:30 P.M.
CONTRACTOR/VENDOR ITEM DESCRIPTION
Jordan Irrigation BSSC irrigation
United irrigation BSSC irrigation
NO OTHER BIDS WERE RECEIVED
TOTAL
$19,528.
$16,650.
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APPENDIX A-FRANCI-1/SES
the ordinance becomes effective. Payment shall be made within six (6) months of the end of
such fiscal year.
Section 4. [Inde,a,~i6cation of company.]
The Company shall inder-,~i~y the City against, and assume all liabilities for, damages
which may arise or accrue to the City for any injury to person~ or property from the doing of
any work herein authorized, or the neglect of the Company or any of its employees.to comply
with any ordinance regulating the use of the ~reets of the City, and the acceptance by the
Company of this ordinance ahall be an mD-cement by it to pay to the City any sum of money
for which the City may become liable' from or by reason of such injury.
Section 5. [Acceptance by eompany.]
The Company shall file with the City Clerk of the City its acceptance of this ordinance
with!~ sixty days from the date when it shall U~ke effect.
Section 6. [City reserves right to regulate use of streets.]
Nothing in this ordinance shall be consumed as a surrender by the City of it~ right or
power to pass ordinances regulating the use of its streets.
Section ?. [Term; right of city to purchase.]
This ordinance shall be in force and effect for a term of thirty (30) years from and after its
passage, and the City hereby reserves the right and requires the said Company, as a condition
precedent to the taking effect of this grant, to give and grant to the City of Sebastian, Florida,
the right, at and after the expiration of such term, to purchase the telephone and telegraph
plant or other property in said City used under or in connection with this grant, or such part
of such property as the mu-~cipality may desire to purchase at a valuation of the property, real
and personal, desired, which valuation shall be f~xed by arbitration, as may be provided by
law; and the acceptance of tkiz ordinance shall operate as a grant by the said Company to the
City of said right to purchase.
ARTICLE IV. CABLE TV FUND Vfl/.A, A LIIVI/TED PARTNERSHIP, JONES
INTERCABLE, INC., A GENEP,_4,L PARTNER*
ORDINANCE NO. 218-E
'...AN ORDINANCE GRANTING A NON.EXCLUSiVE FRANCHISE TO CABLE TV FUND
:' VIii-A~ A LIMITED PARTNERSHIP, JONES INTERCABLE, INC., GENERAL PARTNER
TO OPERATE AND MAINTAIN A COMML~ITY ANTENNA TELEV/SION SYSTEM IN
THE CITY; REGULATION OF ITS OPERATION; SETTING RATES AND PAYMENTS; PRO-
*Editor's note-Printed herein is the cable TV franchise adopted Sept. 23, 1981, by Ord.
No. 215-E. Additions made for clarity are enclosed by brackets. The franchise was assigned to
Falcon Cable Television by resolution number R-$7-74.
CDA:21
SEBASTIAN CODE
VIDING SERVICE, CONSTRUCT/ON AArD ~NANCE STANDARDS; OONTARQING
CERTAIN PROHiBIT/ONS; PRESCRIBING CERTAIN PENALTIES; PROVIDING A SEV-
ERABILITY CLAUSE; REP~G PREV/OUS FRA.NC~SE; PROVIDING EFFECTIVE
DATE.
BE IT ORDAI1VED by the Coundl of the City of Sebastian, Florid~
Section 1. Short title.
This er,t~,~,nce ahall be known and ,--y be cited as "Sebastian Community Antenna
Television Franchise
Section 2. Definitions.
For the purpose of this ordinance, the following terms, phrases, words and derivations
shall have the meaning g/ven herein. ~rhen not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the singalar number,
and words in the s/ngular number include the plural number. The word "shall" is always
mandatory and not merely directory.
(a) State is the State of Flerid~
City is the City of Sebast/an, Florida
(c) Company is Cable TV Fund VIII-A, a Limited Partnership, Jones Intercable, Inc.,
General Partner, the grantee of rights under this franchise Ordinance.
(d) Governing body is the city council of Sebastian, Florida.
(e) Person is any person, firm, partnership, association, corporation, company, or orga.
nization of any k/nd.
(f) System shall mean the lines, fmtures, equipment, attachments, and all appurtenances
thereto which are used in the construction, operation and maintenance of the com-
munity antenna television system herein authorize&
Section 3. Grant of authority. Nonexclusive.
There is hereby granted by the city to the company the nonexclusive right and privilege
to construct, erect, operate, and maintain in, upon, along, across, above, over and under, the
streets, sewers, alleys, publ/c ways and public places, now laid out or dedicated and all exten.
si0ns_thereof and additions thereto in the city, wires, poles, cables, underground conduits,
cor~t[ctors and/'mt=res necessary for the maintenance and operation in the city of a commu-
nity antenna television system for the reception and distribution of television signals and
energy, frequency modulated radio signals, and commercial visual and aural signals which are
not otherwise herein prohibited. The company shall have the right in the operation of the
system to make attachments to city-owned property at such rates and upon such terms and
conditions as shall from time to time be determined by the governing body. The rights herein
)
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APPENDIX A-FRANCHISES
granted shall extend to any area annexed to the city and the company shall be bound by the
same rules and re~l-tions as to such are~ as are otherwise herein or hereafter provided.
The right to use and occupy said streets, alleys, public ways and places for the purposes
herein set forth, shall not be exclusive, and the city reserves the right to grant the use of
streets, alleys, public ways and places to any person at any time during the period of this
franchise ordinance.
The company shall have the right to enter into agreements for the attachment unto and
use of facilities owned and operated by public utilities operation with the city, whereby the
company shall strictly comply with the terms, provisions and restrictions of said agreements,
and copies of all agreements made with other public ut/iities operating within the city shall be
placed on file with 'the city clerk's office hnmediateiy upon their execution.
Section 4. Compliance with laws, regulations and ordinances.
The company shall, at ail times during the life of tkis franchise ordinance, be subject to all
lawful exercise of the police power by the city and to such reasonable regulation as the city
shall hereafter by resolution or ordinance provide. The construction, operation and mainte~
nance of the system by the company shall be in full compliance with the National Electrical
Code and applicable local codes as from time to time amended and revised.
Sect/on 5. Company liability and indemnification.
(a) Liability coverage. It/s expressly understood and agreed by and between the company
and the city that the company shall save the city harmless from all loss sustained by the city
on account of any suit, judgment, execution, claim, or demand whatsoever arising out of the
construction, operation and maintenance of the system by the company. The company agrees
to maintain and keep in full force and effect, at all times during the term of this franchise
ordinance, sufficient liability insurance coverage to protect the city against any such claims,
suits, judgments, executions, or demands in a sum not less than one hundred thousand dollars
($100,000.00! per person as to any one claim, three hundred thousand dollars ($300,000.00) as
to any one accident or occurrence, and not less than one hundred thousand dollars ($100,000.00)
for property damage as to any one accident or occurrence.
(b) Workmen's compensation coverage. The company shall also maintain in full force and
effect throughout the duration of this franchise ordinance sufficient workmen's compensation
insurance coverage to adequately and fully protect its agents and employees as required by
law.
..]~..-.~ (c) Perrnanentt~ayment andperforrnance guarantee. The company shall furnish a cash or
surety bond through a Class A insurance company authorized to do business in the State of
Florida, to the city, in the sum of £zfteen thousand dollars ($15,000.00), which shsll remain in
full force and effect throughout the terms of this franchise ordinance to guarantee the payment
of all sums which may become due to the city for rentals, inspections, or work performed for
the benefit of the company under this franchise ordinance by any of its provisions, and to
guarantee to the city operation and transmission with[in] the times specified, and such bond
CDA:23
~r~ 1~, § 5 SEBASTIA~ CODE
shall guarantee to the city the performance by the company of all the provisions of this
franchise ordinance in all laws, tales and regulations herein permitted to be adopted and
enforced.
(d) ttesiden~ comp-r~y ired ~en~. All insurance policies and bonds as are required o£ the
company in this franchise ordinance shall be written by a Class A company or companies
authorized and qualified to do business in the state. Certificates of ali coverage required shall
be promptly filed by the company with the city.
Section 6. Conditions on st~'eet occupancy and system construction.
(a) Use. All trans~fission and d/~rlbution structures, lines and equipment erected by the
company within the city shall be so located as to cause minimum interference with the proper
use of streets, alleys, and other public ways and places and to cause ~i-lmum interference
w/th the rights or reasonable convenience of property owners who adjoin any of said streets,
alleys, or other public ways and places.
ih) Locmt/om Should the company choose to bury its equipment, primary cables shall be
installed at a m/ri(mum depth of eighteen (18) inches below existing grade. Secondary cables
shall be installed at a ~um depth of six (6) inches below existing grade.
lc) 2/~szorm-~om. Lu case of any disturbance .of pavement, sidewalks, driveways, or other
surfacing, and grass, sod, or l~dscaping the company shall, at its own expense and in a
m~,~,~er approved by the city, replace and restore such places so disturbed in as g~od condition
as before said work was co~-~anced, and shall maintain the restoration in a condition ap-
proved by the city for the full period of this franchise ordinance.
id) //e/ocat/o~. In the event that at any time during the period of this franchise ordinance
the c/ty shall lawfully elect to alter or change the grade of any street, alley, or other public
way, the company, upon reasonable notice by the city, shall remove, relay, and relocate its
equipment at its own expense.
le) Placemer~t off-~re~. The company shall not place any £~x~ures or equipment where
the same will interfere with gas, electric, telephone or water lines, f'h~ures, and equipment,
and the location by the company of its lines and equipment shall be in such manner as to not
interfere with the usual travel on sakl streets, alleys, and public ways and the use of the same
by gas, electric, telephone, and water lines and equipment.
.... if) Temporary rernov~fl of wires £or b~zil~img movir~g. The company shall, on the request of
t~e dty, temporarily raise or lower its wires to permit the moving oi'buildings. The cost of' such
relocation may be collected in advance from the party holding the moving permit.
(g) No property r/ght. Nothing in this franchise ordinance shall grant to the company any
right to property in city-owned property, nor shall the city be compelled to maintain any of its
property any longer than, or in any fashion other than in the city's judgment its own business
or needs may require.
CDA~24
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APPENDIX A-FRANCHISES
Azt. IV, § 11
On) Permit. s, easements and agreements. The city shall not be required to assume any
responsibility for the securing of any rights.of-way or easements, nor shall the city be respon-
sible for securing any permits or agreements with other persons or utilities.
Section ?. Construction approval by city;, correction of defects.
Except for individual service drops, the company shall not erect any pole, run a line, make
any attachment, nor shall any const~mction of any kind be commenced without the prior
approval of the geveming body, and the city shall have mud maintain the right to inspect the
construction, operation and ~-~-tenance of the system by the company to insure the proper
performance of the terms of this frano~h~e ordinance. In the event the company should violate
any of the terms of this franchise ordimmce or any of the rules and reg~,l,~ions as may be from
time to t/me lawfully adopted, the city shall immea~ately give to the company ninety (90) days'
written notice to correct such violation, and in the event the company does not make such
correction within ninety (90) days from the rece/pt of such written notice, the city may make
such correction itself and charge the cost of same to the company.
Section 8. Sig~-I c. arri~e~
The company will install and operate a system in the city which will be capable of
delivering all signals required by the Federal Communications Commission.
Section 9. Regulated public utilities.
The company sh,ll not use the system to interfere or conflict with services offered by
public utilities regulated by the state.
Section 10. Company rules.
The company shall have the authority to promulgate such rules, regulations, terms and
conditions governing the conduct of its business as shall be reasonably necessary to enable the
company to exercise its rights and to per~orm its obligations under this franchise ordinance
and to assure .an uninterrupted service to each of all its customers, provided, however, that
such rules, regulations, terms and conditions shall not be in conffict with the provisions hereof
and shall be subject to the approval of the governing body.
Section 11. Rates to custom~.
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(a) The rate schedule (attached as Exhibit A) will be filed with the city clerk of the City
of Sebastian. Those rates cannot be adjusted, except as provided in section 12(b) [section Il(b)]
.';~erein.
(b) (l) The company may adjust its rates annually a maximum o£five (5) per cent without
city council approval. The company must notify the city council and subscribers thirty
(30) days prior to implementation of such an increase.
(2) Inthe event that the company wishes to increase its rates in excess of five (5) per cent,
it will advise the city council in writing ninety (90) days prior to intended implemen-
CDA:25
Art. IV, § 11 SEBASTIAN CODE
(B)
ration of such a rate increase. If the council so chooses, it will meet within sixty (60)
days of such notification to hear justification for any such rate adjustment. In the
event the city counc/1 chooses not to meet or not to act, the rate adjustment will
Become effective ~inety (90) days after notification to the city. If the city chooses to
act, the city cou~dl may pass a resolution granting the rate adjustment as proposed,
denying the rate adjus~ent as proposed, or granting some rate adjustment not to
exceed that proposed.
In the event that the city and the company do not agree on any proposed rate adjust-
merit in excess of five (5) per cent the company has the right to request binding
arbitration. In the case of binding arbitration, the city will choose one arbitrator and
the company will choose one arbitrator. The arbitrators, jointly, w/ll choose a third
arbitrator. Both the city and the company will accept the decision of the board of
arbitratior~
The following rates and charges are hereby authorized for service under this franchise,
effective on the 1st day of March, 1986.
Basic service (monthly) ..................................................... $10.50
Basic service copyr/ght adjustment (monthly) ................................. 33
Premium channel service imonthly) ......................................... 9.95
Additional outlets copyright adjustment ...................................... 06
New service ~tions:
Underground .......................................................... $§.00
Aerial ............................... · ................................. 25.00
Additional outlet installation* .............................................. 15.00
Service outlet relocation .................................................... 15.00
Monthly services: Commercial: These rates are to be negotiated on an individual bash.
· Additional Outlet Installation discounts provided when completed during the initial instal-
lation.
Section 12. Preferential or discriminatory practices prohibited.
.... · he company shall not, as to rates, charges, or regulations, make or grant any preference
~ 'advantage to any person, not [norl subject any person to any prejudice or disadvantage.
Section 1S. Franchise fees.
(a) Gross revenue tax. The company shall pay to the city three (3) per cent of the gross basic
service revenues received by the company from the operation of the system. The rate shall
continue unless a new rate is mutually agreed upon by the city and' the company.
CD~26
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APPENDIX A--FRANCHISES
Art. IV, § 18
Oo) Manner ofpayrnent. All payments as required by the company to the city shal~ be made
annually and shall he due witl,~ ninety (90) days after the close of the company's fiscal year.
(c) [First payrne~.] The first payment to be due March 30, 1982, for such applicable
revenues collected between the date of passage of the ordinance and December 31, 1981.
(d) IAllocarion.] One-third of the franohl,e fee shall be allocated for the purpose of pro-
duction and promoting local programming (such as the cablecasting of city council meetings).
The company may deduct from such fee the actual cost of producing and promoting such local
progr~,~,-i,~g. The company wffi furnish the city with an annual breakdown of such deduc-
tions at the time of payment. In the event that production and promotion costs for such local
programming exceed the accrued franchise fee for any given ar~nua] period, such overages may
be carried over to [the next] subsequent period.
Section 14. P~ports.
An annual summa:-y report showing gross revenues received by the company from the
operation of the system within the city during the preceding twelve (12) months' period and
such other information as the city may require in support of same, shall be given to the city
by the company. The company books of operation shall be open to the city and city represen-
tatives for the purpose of establi~hl-g gross revenue~ at all reasonable times.
Section 15. Fraunhl.e trausfer.
The company shall not sell or transfer its plant or system or any portion thereof, nor any
right, title, or interest in the same, nor shall the company transfer any rights under this
franchise ordi~-nce to any person without prior approval of the governing body. Such approval
cannot be unreasonably withheld.
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Section 16. Duration of franchise ordinance.
This franchise ordinance shall remain in full force and effect for a period of fifteen (15)
years and is subject to renewal by the city by negotiations with the company for an additional
fifteen-year period not to exceed a total of thirty (30) years.
Section 17. Service to city.
The company shall provide free connections to all municipally owned or leased buildings
within the corporate limits of the city.
Section 18. Service to the community.
The company shall, in times of an impending or during a natural disaster such as a
hurricane, flooding, or other unusual weather phenomenon of major proportion and/or other
man-made disasters such as a train derailment or chermical tank truck explosion, and/or other
important concerns affecting the health, safety and welfare of the genera] populace, designate
a certain channel as an emergency charmel to be utilize~] by civil defense, the Sebastian
Volunteer Fire Department and Ambulance Squad, the Sebastian City Police, the city adman.
CDA:27
ArC. IV, § 18 SEBASTIAN CODE
istration, Red Cross or other appropriate serv/ce agency for broadcasting updated bulletins or
accounts of the emergency to the public. Such broadcasts will he considered as public service
announcements and shall he free of charge to the service organization or agency broadcasting.
Section 19. New developmente.
It shall be the policy of the city liberally to amend this franchise upon application of the
grantee, when necessary to e-~]~le the grantee to take advantage of any developments in the
field of transmission of television, radio signalz and cable TV, which will afford it an oppor-
tunity more effectively, efficiently, comprehensively or economically to serve its customers,
provided, however, that this ~ection shall not be construed to require the city to make any
amendment~
Section 20. Service standards.
(si The company shall m~i,~*~,~n and operate the system and render eff~Aent service in
accordance with the rules and regulations az are or may be set forth by the council, provided,
however, the company shall operate the ~stem ~o that there will not be interference with
television reception, radio reception, telephone communications or other insinuations which
are now or may hereafter Be installed and in use by the city or any persons in the city.
(b) The company shall carry all signals as required by the Federal Oonmn~n/cations
Oomnfission. The company agrees to abide and be governed by any and ail rules and regula-
tions promulgated by the Federal Communications Commission or which may he promulgated
by the Federal Commun/cat/ons CO,~i--ien in the future.
(c) The community antenna television system shall maintain at all times:
(1) Use all band equipment capable of passing the entire standard vPrF television and
FM radio spectrum.
(2) Equipment that passes standard color television signals without visible degradation
and with no significant phase shift and no visible effect on color fidelity and intelli.
gence.
{3) Provide a ,~i~m level of one thousand (1,000) microvolts at the input terminals of
each television receiver on the line, across seventy-five (75)
{4) Provide that the system and all equipment Be designed and rated for twenty-four
hours per day continuous operation.
Provide a signal-to-noise ratio of not less than thirty-six (36)'dec/bels, if the aignal-
t~noise ratio received at the antenna site is at least thirty-six {36) decibels.
Provide a television signal with a hum modulation less than three (3) per cent.
(7) Use components having voltage standing wave ratio of one and four-tenths (14Ao) or
less.
(8) Provide an inter-medulation distortion not to exceed minus forty.six (-46) decibels.
(5)
(6)
CDA:28
APPENDIX A-FRANCHiSES
A.~. I'V', § 24
(9) Provide that the plot of gain versus frequency across any six-megacycle channel is to
be fiat plus or minus three (3) decibels.
(d) The company shall provide and keep accurately calibrated test equipment on hand in
the city at all fames for the testing of all service and operational standards outlined in this
ordinance and shall conduct these tests as requested by the city under the supervision of a city
representative/n order to estab~h the level of performance of the system.
(e) Provided, however, noth/ng contained herein shall be inconsistent w/th the rules and
regulations of the Federal Communications
Section 21. Service
The company shall provide a service manager and shall have a local public telephone
listing so that the public may cai1/n complaints at any time. The manager will be on call
twenty-four (24) hottrs a day to receive reports and notices of disrupt/on or/mpa/rment of
service. Such a service manager shall not be required to reside in the c/ty, however, he shall
be located so as to be able to provide prompt and efficient service to the subscribers to the
system.
Section 22. Penalties.
Should the company, its successors or assigns, violate any of the provisions of this fran-
chise ordinance or any reasonable rules and regulations or other laws, or should the company
fail to promptly perform any of the provisions hereof and fail to operate, the company shall
forfeit ail its rights hereunder to the city .and forfeit the bond, after written notice to the
company and continuation of such violation, failure or default for a period of more than thirty
(30) days. In the event the company is adjudged bank~pt or in the event of a suit for benefit
of creditors, all rights herein given to the company, shall, at the option of the city, be forfeited
Section 23.. Severabil/ty.
In the .event any section or par~ of this franchise ordinance shall be held invalid, such
invalidity shall not affect the remahun' g sections or portions of this franchise ordinance. If the
terms of this franchise should co~fllct with any laws or regulations now in effect or hereinafter
adopted by the Federal Communications [Commission] (or any other governmental agency now
existing or to be formed issuing rules and regulations affecting telecommunications) the state
. or the United States Government, compliance by the company with such rules shall not cause
:';a..-.i.'o. rfeiture of this franchise.
Section 24. Repeal of conflicting ordl-ances.
This ordinance repeals Ordinance 218 and amendments thereto, and all ordinances or
parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed.
CDA:29
Ar~. IV, § 2~ SEBASTLAN CODE
Section 25. Effective date; acceptance by company.
This ordinance shall become effective October 1, 1981, upon its adoption by the city
cotmcil. Upon the adoption of this ordinance, the company shall f'fle with the city clerk its
written acceptance of the terms, provisions and conditions of this franchise ordinance, its
insurance policy or policies, and its bond or bonds as required by this franchise ordinance,
within thirty (30) days afar said adoption. Otherwise, this franchise ordinance shall be void
and of no effect, and the franchise rights, privileges and authorities given the company here-
under ,~h~,11 cease.
ARTICLE V. ST. LUCIE WASTE SERVICES, INC.*
ORDINANCE NO. 0-92-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AH EXCLUSIVE KESIDENTIAL SOLID WASTE COLLEC-
TION FRANC~ TO ST. LUCIE WASTE SERVICES, INC.; PROVIDING FOR DEF.
INITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SER-
VICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE
PERFORMF~; PROVIDING FOR RESIDENTIAL CO~.~.~.CTION; PROVIDING SC~r~
UI~S ~ ROUTE RE(~~NTS; PROVIDING OTHER PROVISIONS; PR0'
IrlDING FOR PA~ OF lrRANCHISE FEE TO CITY; SETTING RATES; PR0'
-IrlDING FOR FORFEITUIg. E; PROVIDING FOR CONFLICTS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTOR-
NEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE.
IlrfIEREAS, the City Council of the City of Sebastian, Florida, has determined that it is
in the best interests of the City to grant a solid waste collection franchise to an independent
solid waste collection service; and
WHEREAS, the City has, through acceptance of public bid proposals, determined that St.
Lucie Waste Services, Inc. will provide the required service in the City of Sebastian for the
most cost effective price; and
WHEKEAS, the City Council has determined that the best interests of the citizens of City
of Sebastian will be served by granting an exclusive franchise to St. Lucie Waste Services, Inc.
for the purpose of solid waste collection services.
.... _*Editor's note-Printed herein is the franchise with St. Lucie Waste Services, Inc., as
adopted by Ord. No. 0-92-09 on March 25, 1992. Amendments to the franchise are indicated by
parenthetical history notes following amended provisions. The absence of a history note incli-
cates that the provision remains unchanged from the original ordinance. Obvious misspellings
and punctuation errors have been corrected without notation. For stylistic purposes, a uniform
system of headings, catchlines, eapitsli~-ation, citation to state statutes, and expression of
numbers in text has been used to conform to the Code of Ordinances. Additions made for
clarity are indicated by bracket~.
CDA:30
!
City of Sebastian
I 1225 Main Streetn SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 ~n FAX (407) 589-5570
SUBJECT: TREE ORDINANCE
Approval for Submittal By:
City Manager ~~ ~
) Agenda Number:
)
) Dept. Origin: Community DeveloDment
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
) 1.
)
)
7/01/93
7/07193
Revised Ordinance 0-93-06
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its workshop meeting of May 5, 1993, the City Council requested staff to
bring back a revised tree ordinance that would incorporate the following two
items:
The requirement of a homeowner's packet.
A minimum diameter for a tree to be planted.
If City Council is inclined to agree with this revised tree ordinance, I
would request the following schedule of events be approved:
Planning and Zoning Commission public hearing on July 15, 1993.
First reading of Ordinance 0-93-06 by City Council on July 28, 1993.
Public hearing and final action on Ordinance 0-93-06 by City Council on
August 25, 1993.
RECOMMENDED ACTION
Review Ordinance 0-93-06 and set first reading.
City Council Workshop
May 5, 1993
Page Four
92. 317
10.
CITY m~ASER~
None.
Mayor Powell called recess at 7:53 p.m. and
reconvened the meeting at 8:10 p.m. Ail City Council
members were present.
Steve Pitiac requested to speak on item D - Utilities
Rate Resolution.
MOTION by Freeland/Damp
I move we allow him to speak.
VOICE VOTE on the motion carried 5-0.
Tozzo.lo Bros. ~ Tree Remova~
MOTiON by Corum/Freeland
I make a motion that we allow one oak to be
removed from lot 5, block 199, unit 10.
Wayne Tozzolo, 1085 Gardenia Street, Sebastian,
stated that the tree is approximately 24" in
diameter.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
11. WORKSHOP ~TEMS
proposed ~ree Protection Ordinanoe /Staff
~ecommenda. ti0n dated ~~ County Tree
ADDlication)
Shirley Kilkelly, 950 Franciscan Avenue, Sebastian;
Harry Thomas, 654 Balboa Street, Sebastian; and Gail
Boardman, 686 Capon Terrace, Sebastian addressed City
Council on the proposed tree protection ordinance.
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City Council Workshop
May 5, 1993
Page Five
The Director of Community Development gave a brief
presentation of the new proposal.
City Council members offered individual input and a
lengthy discussion followed.
TAPE II - SIDE I (8:48 p.m.)
City Council discussion continued.
The Director of Community Development said he sees a
consensus 'among three members to maintain the current
ordinance.
Mr. Oberbeck was excused from 9:17 p.m.to 9:19 p.m.
Following further discussion, it was the consensus of
City Council to add to the current ordinance a
minimum height of six feet and I 1/2 inch caliper,
distribution of homeowner packet, and city relocation
of trees at city expense.
Mr. Oberbeck suggested a six month inspection.
TAPE II - SIDE II (9:35 p.m.)
The Director of Community Development said staff
would redraft the ordinance and bring it back to City
Council.
Mayor Powell called recess at 9:40 p.m. and
reconvened the meeting at 9:45 p.m. Ail City Council
members were present.
93.050
IB.
Riverview Park Conceptual Design (Brad Smith)
(S.taff Reco~m~ndation dated 4/29/93. Riverview
Park conceptual Master Plan (Under Separate
Cover}
John Malek, 2144 19th Avenue, Vero Beach, said he
applauds the plan.
The City Engineer introduced Brad Smith who presented
the conceptual plan to city Council.
The City Manager gave a brief presentation and city
Council discussion followed.
5
ORDINANCE NO. 0-93-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER CODNTY, FLORIDA, AMENDING ARTICLE XIV OF
THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, PERTAINING TO TREE PROTECTION, IN
ITS ENTIRETY; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission for the City
of Sebastian has met and approved the proposed amendment to
the existing Tree Protection Ordinance for the City of
Sebastian; and
WHEREAS, the City Council has determined that the
proposed amendment to the Tree Protection Ordinance of the
City of Sebastian is in the best interest of the citizens of
the City of Sebastian and will promote public health, safety
and welfare, through better control of flooding, soil
conservation, air pollution, and noise; by encouraging
reduced energy consumption; by conserving water; and in
general make the City of Sebastian a healthier, safer, and
more beautiful place in which to live.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. TREE PROTECTION ORDINANCE AMENDMENT.
Article XIV of the Land Development Code of the City of
Sebastian, pertaining to tree protection, is hereby amended
in its entirety, as follows:
"Sec. 20A-14.1. Purpose, intent and applicability.
Purpose. The purpose of this article is to establish
protective regulations for trees within the city in
order to:
1. Better control problems of flooding, soil
conservation, air pollution and noise;
2. Encourage reduced energy consumption; and
3. Conserve water.
Intent. The intent of this article is to encourage the
protection of a maximum number of trees. It is further
the intent of this article to encourage, in particular,
the protection of native trees of the City.
Applicability. This article shall apply to all real
property lying within the City, except:
Public protection. If any tree shall be determined
to be in a hazardous or dangerous condition, so as
to endanger the public health, welfare or safety,
and requires immediate removal without delay, verbal
authorization may be given by the director and a
written permit shall be issued after the fact.
State of public emergency. During the period of an
emergency, involving natural disasters such as a
hurricane, tropical storm, wind storm, freeze, flood
or any other act of God, the requirements of this
article may be temporarily waived by the City
Manager or designee so that the requirements of this
article will in no way hamper private or public
efforts to restore order in the City.
Nurseries. Ail licensed plant or tree nurseries, or
active groves shall be exempt from the terms and
provisions of this article. This exemption,
however, only relates to those trees planted and
growing on the premises of the licensee, which are
so planted and growing for the purpose of sale to
the general public, or otherwise in the ordinary
course of the licensee's business.
All trees classified as prohibited or undesirable
exotics according to Section 20A-14.15
"Definitions".
Tree removal by public utilities as necessary to
fulfill their function.
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Sec. 20A-14.2. Administration.
Environmental Administrator. The Director of Community
Development shall be the Environmental Administrator, and
shall be responsible for administering the provisions of this
article and shall direct, regulate and control the protection
of all trees growing now and hereafter in the City.
Sec. 20A-14.3. Tree protection prior to development.
Land Clearing, Tree Removal or Grubbing. It shall be
unlawful to clear or grub land within the City without
first having obtained a permit as provided in this
section.
Tree replacement. Ail trees that are illegally removed,
or effectively damaged causing decline and eventual
destruction, shall be replaced in accordance with
Section 20A-14.13.
Replacement cost. The cost of replacing tree(s) shall
be incurred by the party that damaged or removed the
tree(s).
Single-family and two-family requirements. Prior to a
building permit being issued for a single-family or two-
family residence or a tree removal permit, the applicant
shall indicate the minimum number of trees pursuant to
Section 20A-14.4 B 1 f of this Article. All trees that
are retained or installed to meet this requirement shall
be verified prior to the issuance of the Certificate of
occupancy.
Sec. 20A-14.4. Application for Permits.
This section shall apply to all new single-family & two
family properties. For all new construction other than
single-family or two-family residences, the minimum
standards set forth in Article XIIi shall apply. Also,
any person desiring a permit to clear, grub or otherwise
similarly disturb property within the city limits of
Sebastian shall make written application to the
department on proper forms provided by the director.
The application form must be accurately completed and
signed. The owner of the lot must sign the application
which acknowledges receipt of a homeowner's packet
regarding tree protection. The application shall be
reviewed by the director or designee, and signed
signifying approval, approval with modifications, or
denial based on the pertinent criteria set forth in
Section 20A-14.8 "Criteria for Permit Issuance".
3
Permit applications and procedures.
A completed "Application for Land Clearing, Grubbing, or
Tree Removal" form shall be required before any work is
done on any lot. The application shall be accompanied
by a survey which may be prepared by the contractor, and
any of the following information and documentation
deemed appropriate, as defined below:
Land Clearing or Grubbing.
a. A legible, scaled drawing showing property
boundaries, physical or natural features, and
limits of the proposed work;
b. A statement of the purpose for clearing and/or
grubbing;
A general description of existing vegetation,
topography, and any surface waters present;
d. A description of the method of debris disposal;
A description of the method(s) of soil erosion
and sedimentation control to be undertaken
during earthwork activities and the means and
timing of soil stabilization subsequent to the
completion of the clearing and grubbing
activities.
f. The minimum number of trees shall be according
to the lot size, noted below.
Lot Size: Square Feet
To 9,999
10,000 to 15,999
16,000 to 19,999
20,000 to 29,999
30,000 to 39,999
40,000 or more
Minimum Number of Trees
Five (5) Trees
Seven (7) Trees
Twelve (12) Trees
Fifteen (15) Trees
Eighteen (18) Trees
Twenty (20) Trees
If trees must be added to the lot to conform
with the requirements of this article, trees
shall be supplied meeting:
(1) A minimum overall height of six feet
(6') and a minimum trunk diameter of one and
one-half inch (1 1/2") diameter measured at
four to six feet (4 to 6') above grade
level.
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(2)
Exception: Citrus trees may be used
provided that none is less that four feet
(4') in height, and shall not exceed three
(3) or 25%, whichever is greater, of the
required minimum number of trees on the
lot.
g. Credit For Existing Trees. Ail existing trees
that meet the following criteria may be applied
towards meeting the minimum number of trees as
required in subsection "f" above.
credits
5" - 19" = 1 Tree
20" & over = 2 Trees
A minimum of five (5) trees saved, between 2"-4"
in diameter, shall be given a credit of 1 tree.
* Note: Palm trees can be used on a one for one
credit but, no Palm Tree shall be utilized in the
above formula.
Sec. 20A-14.5. Prohibitions.
It shall be unlawful to remove (as defined in Section
20A-14.15. "Definitions"), cut down, damage, poison or
in any other manner destroy or cause to be destroyed any
trees or mangroves covered by the terms of this article,
except in accordance with the provisions of this
article. All mangrove trimming or removal activities
are subject to state permitting procedures.
Attachments. It shall be unlawful to attach anything
to a tree trunk or stem other than protective bindings,
braces or other similar noninjurious materials.
C. Prohibited Trees.
No person shall plant, or cause to be planted or
permit to be planted anywhere within the corporate
limits of the City of Sebastian, including any public
street or right-of-way, the following trees:
A. Ear Tree (Enterolobium cyclocarpum);
B. Chinaberry (Melia azedarch);
C. Australian Pine (Casuarina spp.);
Punk Tree or Cajeput Tree (Melaleuca
quinquernervia or Melaleuca leucadendron);
E. Brazilian Pepper (Schinus terebinthifolius).
Whenever the director, after investigation,
determines that any one of the prohibited trees
has been planted within the City, the director shall,
within ten (10) days, cause to be served upon the
owner or occupant of the real property upon which the
subject trees are located, notice that such trees are
in violation of this section.
If after the service of the notice provided for
herein, and following any requested hearing provided
for herein, it is determined that a violation does in
fact exist, the property owner shall thereafter have
fifteen (15) days in which to remove the tree(s), or
the director, shall have the tree(s) removed and
charge the costs of removal thereof to the real
property owner.
Vacant lot. Trees (except prohibited trees) shall not be
permitted to be removed from a vacant lot unless, a
building permit to improve the property (residence, etc.)
has been submitted to the Building Department.
Sec. 20A-14.6. Tree removal permit exemptions.
Prohibited trees, as defined in Sec. 20A-14.15.
"Definitions", must be indicated on the survey but are
considered prohibited trees (or undesirable exotics) and are
subject only to a verification inspection by the department
prior to removal.
Sec. 20A-14.7. Permit Fee.
A non-refundable permit fee, to be established by resolution
of the City Council, shall be applied to each acre or
fraction thereof to be inspected. Such a fee is deemed
necessary for the purpose of processing the application and
making the necessary inspection for administration and
enforcement of this article.
Sec. 20A-14.8. Criteria for permit issuance.
The issuance of a "Land Clearing, Grubbing or Tree Removal"
permit by the director, as required by this Article, shall be
based on the following criteria:
6
The need for vegetation removal on the property for
purposes of land surveying or land preparation for
development or other economic uses;
Pose a safety hazard to pedestrian or vehicular traffic
or, due to proximity to existing or proposed structures,
threaten to cause disruption to public services and
public easements;
Pose a safety hazard to buildings;
Are diseased trees or in condition weakened by age,
storm, fire, insect attack or other injury that pose a
danger of falling and a safety hazard to people,
buildings or utilities and other improvements on lot or
parcel of land;
The extent to which tree removal is likely to result in
damage to the property of other owners, public or
private, including damage to lakes, ponds, streams, or
rivers, through runoff or erosion;
Topography of and relief to the land where the tree or
mangrove is located and the future effect of tree removal
on erosion, soil moisture retention and the diversion or
increased or decreased flow of surface water, and
coordination with the city master drainage plan or
similar plans adopted by City Council;
Good forestry practices, i.e., the number of healthy
trees that a given parcel of land will support, and the
number and density of trees and mangroves existing
elsewhere within the neighborhood, on improved or
unimproved property;
Necessity to remove trees in order to construct proposed
improvements to allow economic use of the property.
Sec. 20A-14.9. Application review
General Review Procedures. The director shall act as soon as
practicable but shall have no more than ten (10) working days
after receipt of an application filed pursuant to this
section in which to grant or deny the requested permit. If
the director denies an application, the reason(s) for such
denial shall be specified to the applicant in writing.
Sec. 20A-14.10.
Appeal from denial of permit or other action
of the director, penalty, and remedy.
Appeal. Any applicant aggrieved by a decision of the
director made pursuant to this article may appeal to a
quorum of the planning and zoning commission sitting as a
grievance board. Final appeal may be achieved by
appearance before the City Council or a civil court.
Bo
Penalty. Violation of any of the provisions of this
article or the conditions of a permit issued hereunder
shall be unlawful, and any person violating any of.the
provisions of this article or the conditions of a permit
issued hereunder shall, upon conviction, be punished as
provided in Section 1-10 of the City Code of Ordinances~
Other remedy. No person shall remove, cut down, damage,
poison or in any other manner destroy or cause to be
damaged or destroyed any tree or mangrove in violation of
this article, in the event of any such violation, or
imminent threat thereof, the City Manager or designee, in
addition to any other remedies provided by law, may
institute a suit or injunction to prevent or terminate
such continuing violations. Each day any violation of
any provision of this article or of any ordinance shall
continue shall constitute a separate offense, except that
in any case where the violation consists of a discrete
act or failure to act, each violation shall constitute a
separate offense.
Sec. 20A-14.11. Duration of permit.
Any permit issued by the City pursuant to the requirements of
this article shall expire if the work authorized by the
permit is not completed within six (6) months of the date of
permit issuance.
Sec. 20A-14.12. Tree Relocation by the City or the County.
Where the applicant for a permit has authorized the City to
enter upon his property and remove a tree or mangrove, the
City shall have the option to relocate the tree or mangrove,
at the City's expense, to publicly owned property. If the
City does not elect to relocate such tree or mangrove, it may
give the County the right to acquire such tree or mangrove at
the County's expense, for relocation on other public land
within the County. The relocation, either by the City or the
County, shall be accomplished in fifteen (15) working days of
the issuance of the permit to the owner. Should the City or
County fail to remove the tree or mangrove within the fifteen
(15) working-day period, the permit holder shall be allowed
to proceed as provided in the permit.
Sec. 20A-14.13. Tree replacement for illegally removed trees.
8
Conditions and specifications for.all tree replacement
requirements.
Characteristics. The replacement tree(s) shall have
at least equal shade potential, screening
properties, and other characteristics comparable to
that of the tree(s) for which a removal request has
been submitted.
Size. Replacement of illegally removed tree(s)
shall meet a size requirement providing for a
standard of one-inch (1") diameter total replacement
for each one-inch (1") diameter removed (measured at
four to six feet above grade level), unless
otherwise agreed upon by both the director and the
applicant. Any number of trees may be utilized to
meet the inch-for-inch requirement, provided that
acceptable spacings and design are maintained.
Species. The city may require that the species of
the replacement tree(s) be the same as those for
which removal is being requested, or may require
such replacement trees to be of a species native to
the East Central Florida area. Acceptable exotic or
"naturalized" tree(s) and palms may be used to meet
replacement requirements. A list of species which
meet these requirements is available from the
department.
Minimum standards. At the time of planting, each
replacement tree must have a minimum overall height
of ten feet (10') and a minimum trunk diameter of
one and one-half inches (1 1/2") measured six inches
(6") above grade level.
Waivers of replacement tree(s) specifications. The
planning and zoning commission may waive the
species, size, or minimum standards specifications
if the applicant can demonstrate that the current
market conditions are such that tree(s) meeting
these specifications are not readily available.
Substitute tree(s) allowed under this waiver section
must have the approval of the director.
Sec. 20A-14.14. Establishment.
Any and all trees planted, replaced or relocated in
compliance with this article must be maintained in a healthy,
living condition at the time of the Certificate of Occupancy.
Sec. 20A-14.15. Definitions.
The following words and phrases, when used in this
article, shall have the meanings respectively ascribed to
them in this section:
City shall mean the incorporated City of Sebastian, Indian
River County, Florida.
City Manager shall mean the City Manager or designee
authorized to perform one or more of the duties of the City
Manager, pursuant to this article.
shall mean the Community Development Department.
Director shall mean the Director of the Community Development
Department, or an employee authorized by the Director to
perform one or more of the duties of the Director, pursuant
to this article.
Gr~bbing shall mean the removal of any type of rooted
vegetation from land by digging, raking, dragging or
otherwise disturbing the roots of such vegetation and the
soil in which such roots are located.
~azardous Tree shall mean a tree that, in the opinion of the
director, constitutes a hazard to life or has a significant
potential to cause injury to persons or damage to property as
the tree is in imminent danger of falling, or is otherwise
considered by a representative of the department to be or to
create a hazard (i.e., a dead, diseased, broken, split,
cracked, leaning and uprooted trees). A hazardous tree shall
also include a tree harboring communicable diseases or
insects.
Land Clearing shall mean the removal by any means of any type
of vegetation or trees from land.
Mangrove shall mean any or all of the protected species of
aquatic woody plants listed by the State of Florida
Department of Natural Resources and the Department of
Agriculture and Consumer Affairs.
Tree shall mean any tree of five (5) inches in diameter or
greater measured between four (4) and six (6) feet above
grade level.
SECTION 2. Conflict. All Ordinances or parts of
Ordinances in conflict herewith are hereby repealed.
SECTION 3. Severabilit~. In the event a court of
competent jurisdiction shall hold or determine that any part
10
of this Ordinance is invalid or unconstitutional, the
remainder of the 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, thereby causing said remainder to remain in full
force and effect.
SECTION 4. 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 to 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 5. Effective Date. This Ordinance shall take
effect immediately upon final passage.
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
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Ordinance duly passed
and adopted this
day of , 1993.
CITY OF SEBASTIAN
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
Approved as to form and content:
Charles Ian Nash, City Attorney
11
i
City of Sebastian
POST OFFICE BOX 780127 1:3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: State of the
Depar~ent Public works )
and Engineering )
)
)
Approved for Submitt~/QBy: )
City Manag _ ._ )
)
)
EXPENDITURE ~0~T
REQUIRED: BUDGETED=
) Agenda No.
Dept. Origin
Date Submitted
For Agenda of
ENG/P~
07-01-93
07-07-93
Exhibits: City Engineer Memo
dated July 1st, 1993
June Priority List
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Manager has requested each department head to
provide an operational status of their respective
department for the City Council's information. This
outline provides information on the department's
accomplishments, objectives and goals.
RECOMMENDED ACTION
NO action required.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
MEMORANDUM
July 1st, 1993
TO:
Mayor and City Council
THROUGH: Robert S. McClary
City Manager
FROM: Daniel C. Eckis, P.~J
City Engineer/Public~Srks Director
RE:
Public Works/Engineering - State of the Department
Report
On May 1st, 1991, I began work at the City of Sebastian as the
City Engineer/Public Works Director. My experience in the public
sector had been limited to my associations through my practice
and experience of the past 13 years.
As the City Engineer I am called upon by the City Manager to
handle the design, implementation, execution, of contract
documents and payment of a majority of the projects that take
place during the year in the City of Sebastian. I receive
telephone calls from residents complaining about stormwater
drainage problems, pavement problems, signage problems, traffic
problems, water and sewer until recently and at times wishing I
had a magic wand that I could wave and solve their~problems
within an acceptable time frame.
I review construction drawings, projects that are submitted by
other engineers. This entails a detailed review of the
construction drawings as I would back check for engineers that
used to work for me. This would include taking a yellow pencil
and going through every line and every word on a drawing to be
certain that there are no mistakes contained within the drawing
set. I typically provide a list of comments to the engineer
advising him of corrections that are needed and then receive
response comments from them identifying either their acceptance
or exception of my comments until both parties are completely
satisfied as to the feasibility and quality of the proposed
project. I am a member of the technical advisory committee for
the Metropolitan Planning Oganization for the urbanized area of
Indian River County. This committee evaluates traffic related
transportation problems thoughout Indian River County and makes
recommendations to the MPO board members that are consisting of
Councilmembers or Commissioners that sit on a governing board.
My other job title is Public Works Director which oversees the
daily operations including the repair, replacement or
construction of new facilities directly for the City. The
departments that I am responsible which handles these daily
operations are as follows.
1. 517 - Building Maintenance
2. 539 - Cemetery
3. 541 - Roads and Streets (transportation),
4. 549 - Garage (vehicle Maintenance)
5. 572 - Parks and Recreation
When I first came here, the Assistant Public Works Director was
in charge of all the departments. Not having a great deal of
experience with these types of departments and not being
extremely familiar with the heavy equipment, I managed these
departments primarily through the Assistant Public Works Director
until I saw either a method or equipment that would vastly
improve the productivity of these various departments.
Within my first year the budget had been fairly well established
from the previous years. The exceptions were capital projects and
capital improvements in which the City Manager and the assistant
Public Works Director had made decisions as to what projects and
types of equipment that would be required for the City. This is
where I felt a big change started to occur for me in trying to
execute what had been proposed. To begin with, I was immediately
in charge with the construction of the Golf Course Parking Lot
and the starter shack. I began writing bid specifications for
the equipment that would have to be purchased during this fiscal
year. We began doing overlays of some of the streets in the City
of Sebastian and worked on a payment plan with Martin Paving.
As I began to identify with this position as the Public Works
Director, I began to realize that this position coupled with the
City Engineering position handles just about all of the physical,
tangible or real property; or if you could put your hands on it
and you had a question or a problem about it you would call me.
Last year through the budget hearing I felt comfortable and had a
good feel for how all of my departments functioned. We did have
an increase in the Street Department personnel and Parks
Department personnel. This helped balance some of the oversite
received by this department in the past when there was not a
dedicated director on board to steer the department on a steady
course. I feel there is still a lot of work that will need to be
done°
I didn't have a full goal vision as to what needs'to be
implemented but since I've been here I have established a sense
of organization, reports, and some schdeuling. One of the first
things I implemented was my priority list. I was being handed
projects almost on a daily basis and having very little itme to
accomplish them. Some of these projects would date back to as
far as 1984 such as Stratton Avenue. Following my evaluation by
the City Manager in which he described my deficiencies as being
unable to schedule, I immediately explained that I worked for him
and he assigns the projects to me. The only way that I would be
able to handle these projects would be on a priority basis taking
one particular project at a time. I have included a copy of my
priority list for your review, I try to update this on a monthly
basis to receive input from the City Manager so that I can
understand what his concerns are. When I do not receive an
updated version from the City Manager then I assume that the
priority list stays the same. Unforetunately whenever I do
complete a project typically there has been other projects that
have been assigned and I am never sure as to their disposition.
Besides the priority list I have been receiving daily progress
reports from the Assistant Public Works Director identifying what
his departments will be doing on any given day. However for the
parks department, I have requested the parks foreman to provide
me with a schedule of his workers so that I would be able to know
where any worker would be at any given time. We are still
working on the schedule. I have some information from him
directly but have not established this schdule because of higher
priorities.
Previous to my employment with the City all these departments
were under the direct control of the Public Works Administrator.
But in an effort to establish greater responsibility for more
individuals I decided that the Assistant Public Works Director
would be directly in charge and overseeing the streets
department. This would allow the garage shop foreman to be in
direct control of his personnel and report directly to me as well
as the parks department, building maintenance department and the
cemetery. I realized that this would allow some of the foreman
to become more laxed and less responsive to their duties without
an imemdiate supervisor watching them. But I feel that it is
their responsibility to make sure that the work gets done. If a
problem arises and the work is not getting done then they will be
held completely responsible and suffer any consequences that may
be warranted. It is my hope that by establishing such a
department echilon that this would help to establish greater self
esteem through the responsibilities and provide for a greater
team effort.
One of the other changes that I have implemented has been with
respect to cross training personnel to help cover positions when
those positions become vacant. The cross training also provides
for generally higher morale by breaking a monotonous routine
which could lead to safety hazards. Now I would like to list for
you some of the activities that have been accomplished by my
various departments since July 7th, 1992.
1. Bid specification preparation, execution, bid award and
construction of Lake Street across from City Hall.
2. Bid preparation award and purchase of tag along trailer.
3. Bid specification preparation, execution, bid award and
construction of the installation of new flooring for the
Community Center.
4. Bid specification preparation, execution and award for the
removal and disposal of contaminated soil from the central
garage.
5. Review recommendation geometric configuration of the
intersection of U.S. #1 and the vacation of North Central Avenue
with respect to the new entrance drive for Captain Hiram's°
6. The bid specification and preparation and execution of
sidewalks along U.S. Highway #1.
7. Bid specification, preparation, execution of the cemetary
niches.
8. Review of proposed railroad crossing for Schumann Drive -
railroad estimated city's expense at $10,000 recognizing a cost
saving received bids from both Martin and Dickerson actual
construction cost was approximately $3500.
9. Presented interlocal agreement with Indian River Correctional
institute and City of Sebastian for inmate labor force.
10. Bid specification, preparation and execution for the
construction of Wave Street.
11. Bid specification, preparation and execution for the new City
Council Chamber Air Conditioning System.
12. Direct contact for the traffic circulation plan prepared by
Kimley Horn and Associates.
13. Stonecrop park investigation/evaluation and reco~L~,endation
to City Council.
14. Bid specification, preparation and execution for 16 foot
stake body dump truck.
15. Bid specification preparation and execution for the purchase
of Ford New Holland Tractor to be used with the three gang flail
mower.
16. Site plan review of the Barber Street Sports complex
expansion directly north of the existing complex approximately
7.3 acres.
17. Site plan review and alignment drainage study for the Laconia
Street widening project under Sebastian Lakes request for PUD
18. Barber Street overlay, Temple Avenue testing bid ppreparation
for Temple Avenue, Laconia Street overlay, Concha West overlay,
19. Preparation of the street overlay project fiscal year 92/93
with cost estimate and execution.
20. Bid specificatilon, preparation and execution rotary mower
for the Parks Department.
21. Cost estimate for the Pelican island day celebration event.
22. Bid specification, preparation and execution sign shop die
cutters.
23. Bid specification, preparation and execution crew cab pick up
truck publlic works department
24. Bid specification, preparation execution, trash hauling
contract
25. Review Master plan for Cavcorp property prepared by Brad
Smith and Associates.
26. U.S. Highway #1 Landscaping and irrigation of U.S. #1 medians
coordination with Consultant, plant quantity take off, material
take off meetings with rainbird, FPL, Southern Bell coordination
of a maxicon system. Capable of managing all irrigation systems
throughout the entire City of Sebastian.
27. Survey of Indian River Drive from north to south City
property limits requiring detailed information based on state
plane coordinate system for future use for the development of the
Riverfront Community including boardwalks and sidewalks.
28. Bid specification, preparation and execution sign shop sign
machine.
29. Bid specification, preparation and execution for sod
contractors
30. Overseeing the contaminated soil, ground water at the central
garage correspondence with consultants and Department of
Evironmental Regulation for out of scope services. Prep of the
CARR and The remedial action plan.
31. Construction drawing site plan, bid specification package
preparation execution and inspection followup for culvert pipe
installation along U.S. Highway #1. at the south City property
limits.
32. Coordination with Tom Fritz transportation supervisor at the
Council of Aging to consider request for stops in the City of
Sebastian and the coordination of sign installation.
33. Presentation of the metropolitan planning organization
interlocal agreement.
34. Coordination with Henry Fischer and Sons for the installation
of the bike path identified in the street improvement program
35. The evaluation and preparation for the side lot culvert pipe
installation resolution number R-88-37 to establish flat fee for
installation of side lot culvert pipes.
36. Bid specification, preparation and execution for coordination
with consultant for permit at the Yacht Club for fishing pier
improvements using the boaters fund from Indian River County.
37. preparation of application for funding from FDOT enhancement
program for Indian River Drive boardwalk and sidewalk
improvement.
38. Bid specifications, preparation and execution for consultant
for contaminated soil at Washington street location and for a
limited Car from Viro services
39. bid specification, preparation and execution for seed and
mulch contractor.
40. bid specification preparation and execution barber street
sports complex evaluation of prospective bidders in the project
for recommendation to City Council at the workshop meeting of
July 7th, 1993.
41. Bid specification preparation execution for lighting
protection for City Hall
42. Bid specification preparation, execution for trailer mounted
chemical sprayer.
43. Bid Specification, preparation and execution for Golf Course
Pump System and Golf Course site plan preparation.
The following is a list of Public works accomplishments from July
15th to the present day. These items were taklen from our daily
progress reports. I selected the list.
1. Fix sprinkler system at the Chamber of Commerce
2. Placement of Clor~ne test kit at the water treatment facility
3. Maintenance of the police lift station
4. Instllation of culvert pipe at hardee park
5. Pipe replacement at Wimbrow drive between two homes.
6. Ditch cleaning and pipe laying at Joy Haven outfall into the
elkcam system.
To represent the swale work and collapsed pipe repalcement. In
addition, I did want to point out the miscellaneous Activities
Public Works becomes invoved with which depletes our personnel
resources. The list is limited and does not list activities
such as mowing, traffic control or buidling maintenance repairs.
7. Redoing the front swale at Perriwinkle and Skyline
8. Miscellaneous board replacement at the Yacht Club and Main
Street pier.
9. Watering the trees at Hardee Park
10. Concrete slabs for the bleechers at Barber street sports
complex
11. Swale work at Quarry and Autumn
12..Pipe collapse repair at North Central.
13. Swale work at Melrose and Autumn
14. Swale work at Cain street
15. Repair and replace flag at the yacht club
16. Board up patio door at the request of police department which
was blown out during a storm.
17. Swale work on Durant and Campbell
18. New guardrail at Laconia
19, Regrading at High Street
20. Cleanup following hurricane andrew
21o Repair light fixtures at the football field which were shot
out
22. Moving the police department furniture upstairs.
23. Cleaning the culvert ends at Barber street north of Rosebush
24. Cleanup the GDC yard on Barber Street
25. Straighten the goal posts at Schumann football field
26 Swale work on Saunders street
27. Swale work on north Landsdowne to Rosebush
28 Swale work on Barber Street
29 Adjusted two driveway culvert pipe on Barber street
30. Cleared multipurpose field graded, seeded and mulched
31. Repair roof leaks at city council chambers
32. Repair pump station at the Barber Street sports complex
33. Install temporary trailer at the golf course
34. Swale work ditch cleaning and culvert pipe cleaning at
Dempsey, Ervin and Layport area. Wallace area culvert pipe was
blocked with plastic bag filled with sand.
35. Swale work on Wimbrow and Dempsey area.
36. Headwall construction and culvert pipe under Laconia at the
south end of the City
37. Drag behind the elkcam dam to remove spoil material
38. Antenna installation for Emergency management at City Hall
39. Clean culvert pipe on Horizon terrace
40. Painted creative playground
41. Swale work on Wallace street
42. Removed sidewalk North Central from Main street ot us #1 and
grading around where side walks were removed
43. Cleaning out the upstairs of city hall
44. Swale work on Delaware
45. Upgrade of exterior electrical service outside of City hall
46'. Xmas light installation
47. Rear drainage ditches that Evernia, Chelsea, Blossom
48. Cleared a ditch from Celarmont and Landsdowne from Barber
street all the way to Stonecrop next to.the swimming hole park
49. Ditch cleaning north of Tulip parallel to Rosebush
50. Ditch cleaning off Durant north of Vocelle
51. Fixed collapsed pipe at Orange and Columbus
52. Repair of headwall which fell off a culvert pipe under
Dolphin
53. Rear drainage ditch cleaned out south end of the city
paralleling Barber street
54. Front swale work 700 block of Dempsey avenue, Lawson and
Wimbrow
55. Installation of the volleyball court at the police department
56. Repair to the finger pier
57. Cleanout blocked culvert pipe at Addle and Joy Haven
58. Culvert pipe replacement at Albatross just east of Laconia
Street collapse this is a 60" culvert pipe.
59. Removal of xmas lights
60. Install plant rings around trees at Hardee Park
61. Clean out culvert pipe Thunderbird just west of Schumann
drive.
62. Swale work on Caravan
63. Swale work at Barker and Vocelle
64. Headwall installation for culvert pipe at Albatross
65. Culvert pipe clean out at Mulberry
66. Culvert pipe clean out at Oswego and Barber
67. Swale work at Stonecrop and Franciscan
68 Culvert pipe cleanout at Riviera, Dolphin, Potomac, Evernia
Chelsea and north of Chelsea on Blossom
69. Swale work on Fleming at the 600 block in a problem area at
Barber south of Vocelle
70. Swale work on Jordan between Barker and Smith on the north
side.
71. Cleanout ends of driveways at Barker street holding water up
to Jordan.
72. Cleared out a blocked ditch parallel to Balboa between Balboa
and South Moon Under.
73. Cleanout of the twin ditches at the golf course.
74. Rebuild shoreline at Riverview park
75. Swale work and culvert clean out on Zane street
76. Repair of erosion behind the Main street boat ramp headwall
77. Swale work on Easy street
78. Collapse pipe replacement on Haverhill west of Barber
79. Sign shop renovations
80. Golf course ditch work requested by Chris Mccarthy
81. Sidewalk replacement next to TruValue hardware
82. Cleaning out culvert pipe under Powerline road and one at
Filbert
83. Swale work on Laconia south of Albatross
84. Rear ditch cleaning just east of Shakesphere
85. Washout under the road at Majestic and Bevan
86. Pressure clean picnic table tops at Riverview Park
in preparation of the fourth of july
87. Pelican Island day
88 Swale work on Jenkins street
89. Swale work on Coral Reef
90. Repair a washout at Schumann drive 900 block along side of
catch basin
91. Repair washout on Wimbrow just north of CR 512
next to a culvert headwall replacement with riprap.
92. Swale work on Quaker
93. Repaired a wsshout at 472 Fleming side swale at Wimbrow and
Dock
94. Removed shed from drainage ditch behind Ash street
95. Doing swale in front of new construction at Main and Mark
96. Cleaning of erosion problems on ditches on Barber street.
97. Culvert pipe cleaned out on Jordan
98. Repair washout at 851 Montrose
99. Removed sand from culvert pipe at 761 Dempsey
100 Repair side lot ditch at Blossom between 1069 lnd 1073
101 Clean box culvert at Barber and Cody and redig some of the
drainage ditch to get the water to run off of Barber
102 Swale work on Englar drive
103 Collapsed culvert pipe under Mulberry just south of Jordan
104 Cleaned out culvert pipe at ditch at Lime and Columbus
105 Construction of dirt road at cemetery
106 Rear yard swale at 102 Dock
107 Collapsed culvert pipe replacement on Potomoc
108 Construction of headwall for Haverhill
109 Cleaned out culvert pipes under driveways on Starflower
110 Swale work on Gardenia from San Sebastian Springs north to
outfall ditch at Potomoc
ill Pulling driveways on Barber street
112 Pipe replacement at Melrose 60' pipe
113 Construction of headwalls for Melrose
114 Rear drainage ditch from Melrose to the Elkcam waterway
cleaned out
115 Replacement of soffits for the concession stand at the
Schumann football field
116 Headwall replacement and culvert pipe under Main street
117 Rear drainage ditch cleaned out west of Melrose
118 Railroad crossing for Main street
119 Rear drainage ditch between Seahouse and Whitmore
120. Swale work at Fatima, Stonecrop, Gallean, Quaker
121. At the request of the police department a breakin occurred
in which we boarded up the sliding glass door.
122. Culvert pipe cleanout on Concha
123. Swale work at Lake and Oak
124. Swale work at 311 Main street
125. Raise the gazebo at Riverview park
126. 4th of july preparation
GOALS - (Where do we go from Here)
Organization is the first step to increase productivity. The
Public Works Department has been doing a good job solving some of
the drainage problems and attending to the needs and concerns of
the residents. However, I feel that there is a greater demand by
the public than the Public Works Department can supply. The
Public Works Department can achieve greater productivity through
organization by establishing two to four man crews that would be
responsible for specific tasks. A schedule could then be
developed to plot our progress to determine their productivity
rate.
Currently the Street Department is reacting to problems and
complaints on a daily basis. There is no set schedule
identifying tasks, time frames, man hours, equipment costs,
rental contract services that are involved to complete a task.
It is imperative that a system be in place to establish a
credable level of accountability with the council. Only then
would we be able to justify additional requests for personnel,
equipment, contract services, or other requests. If a person
knows that they must be accountable for certain responsibilities
or lose those responsibilities their productivity will increase.
I feel that one of my primary goals would be to establish a level
of accountability to the Council and residents of Sebastian.
Beacuse there has never been any formal sense of organization or
scheduling it would have to be developed. To this end I propose
the following breakdown of the Street Departments.
1. Rear and Side Lot ditches
A. Heavy Equipment Operator (Dozer)
B. Maintenance III - Case Backhoe
C. Maintenance II - Dump Truck Operator Unit 9
2. Road Swale Crew
1
A. Maintenance III - John Deere Backhoe
B. Maintenance II - Dump Truck Operator Unit 8
C. Maintenance I - Pick and Shovel Crew
D. Maintenance I - Pick and Shovel Crew
3. Pothole Patch Crew
A. Maintenance Worker III - Spreader Box
B. Maintenance Worker I - Unit 3 Dump Truck
C. Maintenance Worker I - Roller/tack machine
4. Sign Shop
A. Maintenance
B. Maintenance
5. Mowing Crew
II - Sign Prep/traffic control ·
I Sign installation/carpenter
6. Culvert Crew
A. Maintenance II - Dump Truck Operator
(Proposed 93/94)
B. Maintenance I - pick and shovel
(Proposed 93/94)
C. Maintenance I - pick and shovel
(Proposed 93/94)
7. Floater Crew A. Maintenance I
B. Maintenance I
(Proposed 94/95)
(proposed 94/95)
(Miscellaneous job tasks fill in for absentees and to provide
extra help.)
The above allocation of personnel to different sections of the
Streets Department is a more systematic approach to organization
and scheduling.
If the City can define personnel that would be working in the
street right of ways as compared to personnel working in drainage
right of ways the cost of street improvements and repairs can be
identified. This would show an increase in the City's expense
line item for calculating the City's share of the County Local
Gas Option Tax Fund. During the last distribution funding for
the local gas option revenue, I believe the City suffered because
we could not show direct relationship of city expenses to street
repair. The formula can be revisited at the end of a five year
period or earlier if the County increases the revenue. It would
A. Maintenance III - 3 Gang Flail Unit 17
B. Maintenance III - 3 Gang Flail Unit 21
be my recommendation to the Technical Advisory Committee that the
percentages be recalculated. This should provide the City with
additional money for a larger street overlay program. The
breakdown of the Streets Department as indicated above would
require an increase in street personnel for one additional
Maintenance II worker and two additional Maintenance I workers
(FY 93/94). In addition, for the future two additional I workers
(FY 94/95) would be for the daily odd jobs.
The concept of the culvert crew was to have a crew that. would
unclog culvert pipes under driveways and roads and remove
vegetation that the mowers are unable to cut. One of the biggest
problems experienced during the heavy rainstorms during the year
were blocked culverts. Following a heavy rain storms many
drainage complaints came in regarding to water standing. Public
Works or streets department personnel were dispatched to the
various locations armed with only shovels to clean up the ends of
culvert pipes. This can solve 65% of the problems that we have
in the City of Sebastian. Of the drainage complaints received
during the past two years, the majority of these complaints were
minor requiring minor work to unclog a culvert pipe or box
culvert which had silted up during the years. It takes just a few
inches to back the water up several hundred feet.
The culvert crew's main task would be to begin in block 1 of the
City and then continue working from block to block until they had
cleaned all the culvert pipes of the 576 residential blocks in
the City of Sebastian. It is anticipated it would take a three
member crew approximately one year to move through the City and
eliviate a majority of the minor problems. The exposure of
having streets department personnel at least one time during the
year in front of a residential home would provide that person
with the feeling that they are receiving something for their tax
dollar. The culvert crew would work continuously in the
following years keeping the driveway culvert pipes cleaned and in
the future if funding became available, to replace the some of
200 drop driveways or 400 plus box culverts within the City. And
eliminate the second largest drainage complaint that we receive.
I am always open to suggestions or ideas that others may have as
to how we can increase productivity and I am always willing to
listen to everyone.
I have gone into a lot of detail on the Public Works Department
without really speaking too much about the other Departments that
is primarily because the Public Works Department has the largest
budget and provides the greatest service to the citizens.
Of the other remaining departments, the Parks Department still
has a few wrinkles that need to be ironed out and I am working
with Parks Foreman to develop a schedule of manpower for the
various park locations. This schedule should be a little bit
easier because the parks can be done on more of a routine basis.
It would be my hope that the Parks foreman would become more
responsible in managing his personnel. Currently he is in charge
of assignments in the morning to dispatch the parks personnel but
has little time to follow up on their progress because of his
responsibility at the Barber Street Sports Complex. It would be
a future goal that the foreman would be come more of a floater as
a helping hand to the other parks department emeployees during
special events or when other problems occur. It would be his
responsibility to do the fertilizing, bug spraying, order
supplies, budget preparation for his department and his
equipment. This would mean that a position would need to be
opened in the parks department to take on his responsibilities at
the Barber Street Sports complex. Nothing is proposed for FY
93/94 due to the tight budget constraints we are all hearing
about. But hopefully during this next year, I will be able to
establish a work schedule that can be used to develop an aid for
the Council Members to understand the work load compared to
personnel available.
In the central garage, there are just a few wrinkles that need to
be ironed out as well. This is primarily in respect to the small
tools budget. In the past the mechanics have been lending some
of their tools out to the Public Works personnel and they have
not been returned and therefore the cause for replacement.
We have established a inventory of all the tools and all
personnel will be responsible for the tools for which they are
assigned. Unless the tool has been broken and returned for
replacement, that employee will be responsible for the
replacement of the tool in accordance with CWA contract
documents.
I am happy to report that our Building Maintenance
section is doing a splendid job they are well oganized and they
are taking care of all the City buildings. This is a direct
result of the Building Maintenance superintendent who has
established an excellent routine to cover the city buildings and
golf course even on the weekends.
The cemetery is in the hands of the Cemetery Sexton who is one of
the most consiencious, sincere, hard working employees that the
City has and provides me with the least of any problems of any of
my departments.
Well that is pretty much it, there is a lot more that I feel that
can be done in the department to improve productivity, and I
promise to continue to work hard and come up with ideas and try
them to make this department as efficient as possible.
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570
MEMORANDUM
DATE;
June 4th, 1993
TO:
Robert S. McClary
City Manager
FROM:
Daniel -C. Eckis, P.E.
City Engineer/Public Works Director
RE:
Project Priority List
Below is a list of projects that have been assigned to me.
Please review the priority list and note any changes.
1(1 )
Yacht Club Finger Pier extension and Breakwater
Meeting with Riomar- scheduling survey.
a. Preliminary meeting for details of improvements
b. Application submitted to DNR
c. Permit issued by ACOE 4/8/93
d. Received DNR notice 5/18/93
e. Response comments sent 6/2/93
Gibson Street Right of Way - (request direction)
a. To be handled by Robert S. McClary
b. Meeting scheduled June 15, 1993
Louisiana Engineering (Mastellar/Molar Contract)
(on hold pending IRC Twin Pair Alignment)
4(6x)
Schumann Drive Drainage (Mastellar/Molar Contract)
a. meeting scheduled February 16th, 1993.
b. Bid Specifications for drainage improvements
c. Negotiating with L.H. Lenz for bid specifications
6(10x) Bid Specifications/Security Fencing at Central Garage
a. survey completed 10/2/92
5(9x)
Bid Specifications for Guardrails Fleming Street
Bridge
a. Receive proposal 6/2/93
b. Sent to City Attorney for review 6/3/93
(8x)
Bid Specifications for Lightning Protection/City Hall
a. Bid award by City Council 6/9/93
) Bid specifications for Creative Playground renovations
A - Roof on Two Structures (Completed)
( )
2(2)
( )
(7x)
B- Painting of Playground Equipment (Completed)
C - Playground Matting
D - Bid specifications for Contract Maintenance to
maintain the Creative Playground area that would
include the mowing and trimming of lawn and
vegetation within the existing fence area,
including weedeating under the fence out to the
pavillion area. The area located inside of the
landscape timbers would be maintained by the'City.
E - Relocate the east fence line to the west
approximately 6 to 7 feet ( intermediate posts) to
allow for future expansion of a concrete sidewalk
to connect the Barber Street sports complex with
the -GDC property. This would eliminate the
entrance on the east side where the water fountain
is located and provide for a single entrance in
the middle of the playground.
F - Single entrance should be provided with a gate.
G - Provide a concrete slab under covered swing
located on the northwest portion of the creative
Playground; extend sidewalks to pad; considered
horseshoe shaped pad under both table and swing
area.
H - Bid specifications to irrigate all the green
areas. Check to determine if a soaker type for
lawn and emitter can be utilized for this type of
irrigation in this area. (use BSSC dwg.)
I - Clean up the signage - signs that are located on
the Creative Playground should be combined and
place all the no activities together under the
wooden sign.
J - Strip the green area plant a common Bermuda.
K - City to maintain the inside of the playground -
sand area to provide for a roller tilling on
continuous basis to remove all weeds and nusiance
vegetation.
L - Relocate picnic table to paver brick area.
M - Add at least three more Palm Trees within the
Playground area.
Bid specifications for Bridge renovations on
Periwinkle and Englar Avenue
Bid Specifications for Barber Street Sports Complex
a. Check with Peter on dugout detail;
b. Check with Peter on Concession Stand Extension
Hardee Park Jogging Trail Improvement
a. (clearing complete)
b. Trees planted
c. Public Works daily watering as needed
City code Stormwater Ordinance to be written
a. Rough draft of Sidelot Culvert sent to Arty 4/7/93
b. Resolution passed.
( )
Temple Terrace a.) Testing and Preparation for overlay
(completed 10/2/92).
a.) Need to prepare bid specifications
b.) Plans and Specifications to be completed 6/4/93
) Paint Lake Street Building and fix to be operational
adding benches at Park.
(3x) Obtain a proposal from Brad Smith to prepare oonceptual
drawing of Cavcorp Property.
a. (ck with Brad for May)
) Prepare Bid Specifications for Riverview Park Boardwalk
Bid opening February 22, 1993
Bid awarded Micky Capp
Pro3ect completed
3(4x) Basketball Courts: Prepare Bid specifications
locations Two court size
a. Unit ll Tract "A"; 1/2 and full court
b. Consider Blossom Lake
two
(5x) Golf Course (on Hold/PM 3/11/93)
May
a. Revisions per P & Z comments
b. Stormwater Calculations
c. STJRWMD Permit Application
d. Bidding
e. Bid award
Feb March April
) Bid Specifications for Wave Street
Bid opening 3-15-93, Awarded Fischer and Sons
Issue N.T.P.
Pro3ect completed. 6-4-93
) Bid specifications for Bike Path Street Improvement
List items 8 thru 10. Purchase order issued. Fischer
and Sons Issue N.T.P.
Meeting with Fischer and Sons 6/4/93 at 8;15 a.m.
Pro3ect to begin 6/7/93 @ Lk St. Park
( ) Golf Course Restroom Facilities /CM
) Design Realignment of Barber Street @ Intersection of
former Stratton
A. Lot Purchase
B. Recommendation to consider 80 ft R/W
C. Drawing Complete Submitted to County.
) US-1 Median Drawings A. Drafting of Cuts and Irrigation
B. Location of Welcome Sign
( ) Melrose Design
( ) Review of CR 512
( ) Traffic Study Report and Cost Estimate
) Blossom Lake Improvements
a. Met with Carolyn Corum, minor work less than $500
b. Park Benches
c. Grading at SE Corner
d. Cypress Trees
) Contaminated soil @ Washington and Indian River Drive
Write letter plan intention 4-6'-93; prepare report for
City Council Meeting 4/8/93
Contract sent to City Attorney
) Write letter FDOT request Milling and overlayment
FDOT 5 year program application submitted in September
) Evaluated Status of Contaminated Soil @ airport/CM
) Bike Cycle Path
a. Indian Rive Drive Joint application with County
Enhancement Fund
b. Bike Path from 512 to Firehouse on Barber Street
c. Check Richard Votapka's memo alternate locations
d. Application sent 5/17/93
) Remove silt from end of Main St Boat Ramp
Contact DER,DNR, and ACOE, for dredging requirements
) Negotiation for RAP w/ Envirx for Ground Water
Cleanup, Cost change from $3000 to $22,000
a. Send Copy of contract to City Attorney
b. Prepare bid specifications to advertise
Consultant
for
prior7.doc
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Sebastian River Water)
Control District )
)
)
)
)
Approved for Submittal By: )
)
I City Manager~~ ))
Agenda No: Y~ '~//'
Dept. Origin ENG/P~
Date Submitted 06-03-93
For Agenda of
07-07-93
Exhibits: Engineer's Report
June 2, 1993
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
A meeting was held on June 2, 1993 at the Vero Beach Community
Center with the Sebastian River Water Control District, Jim
Davis, Indian River County Public Works Director and myself. We
were presented with the enclosed Engineer's report dated June 2,
1993 describing a brief history of the function of the Sebastian
River Water Control District (SRWCD); the benefits from clearing
a 200 foot wide floodway; problems obtaining a permit from the
Department of Natural Resources that claims jurisdiction to that
portion of the River north of CR 512 as being part of the Indian
River Lagoon Aquatic Preserve Area.
For work to be done in the north portion of the river, a survey
would be required to determine the mean high water line north of
CR 512. This survey would determine the jurisdictional limits
of the preserve. The survey cost alone (in excess of $25,000)
would exceed the budgeted cost of the active maintenance
clearing required.
The permit, if issued, would allow the removal of some
vegetation within the floodway and would be approximately 25% of
the requested activity. Therefore, the control district has
decided to exercise its right to request an informal
administrative hearing which may be held sometime in
September. The SRWCD has requested support from both
3.211
Indian River County and the City of Sebastian. The SRWCD
has requested our attendance at the hearing and to draft
correspondence to support the floodway clearing proposal.
During the meeting Jim Davis suggested that the SRWCD contact
the facilities director for the Indian River County School Board
And establish a regional approach towards planning a flood
protection program for the drainage basin area of the South
Prong.
DNR maintains that with the absence of a flood plain'
forest, densely vegetated plant material with a variety of
grasses restricts and obstructs the water flow far more than
mature trees. They described the continuing clearing of the
floodway as being a classic example of an ill conceived flood
control project that should be discontinued and that the district
would be better off promoting stormwater retention practices in
the Sebastian Highlands and the agricultural lands within the
boundaries.
ANALYSIS
It is apparent that there are two schools of thought to prevent
flooding. The SRWCD contends that a two hundred foot wide
swipe, removing trees and woody shrub vegetation would allow a
pathway for flood waters to travel during major storm events.
They intend to leave the grasses to help control the erosion.
On the other hand, DNR feels that the removal of a overhead
canopy allows small trees and woody plants to grow and would be a
greater obstruction to the flow of floodwater during major storm
events. DNR believes that the floodway should remain natural
with large mature trees providing a canopy to prevent growth of
understory vegetation.
It is my opinion that unless the floodway can be properly
maintained on an annual basis, DNR would be correct,
that the low ground cover would provide more resistance to the
flow of flood waters. However, because the mature trees have
been eliminated, the canopy that would be necessary to filter
light to prevent understory growth does not exist. If DNR
prevails then the combination of understory vegetation with
small to mid sized trees would be more devastating than clearing
the floodway.
Support documentation was not provided at this meeting and
I have no past history of flooding problems. Therefore, it is
difficult to make a recommendation on which philosophy should be
pursued.
An alternative solution could be the combination of both
philosophies. The SRWCD should be allowed to remove the small to
medium vegetation and preserve the trees. This would allow the
trees to grow to become mature trees. The mature trees would
filter the sunlight and prohibit understudy growth. Until this
could occur, the SRWCD would be required to annually maintain the
floodway free of the smaller vegetation.
The City should be careful to endorse a policy to protect
its residents against flooding. Endorsing the wrong policy may
expose the City to certain liabilities. The City should not sit
idle but should approach a logical solution to this potential
flooding problem.
RECOMMENDED ACTION
The City should endorse a regional planning effort to evaluate
flooding potentials within the south prong basin area and
determine flood protection measures that should be implemented to
protect both public and private property interests. In addition,
direct staff to attend the informal hearing to be scheduled
sometime in September or early fall, and follow up with
relevant meetings.
SEBASTIAN RIVER WATER CONTROL DISTRICT
1993 ANNUAL LANDOWNERS MEETING
ENGINEERS REPORT
JUNE 2, 1993
As projected in the last several Annual Engineer Reports, evolving growth management and
environmental regulations and mandates, together with residential sprawl and other devel-
opment within, and around the Sebastian River Water Control District has dictated a more
costly and time consuming operation and management task.
Here-to-fore the direction and supervision of the management function of the District, since
the original organization and Plan of Reclamation in 1927, through the official decree
amending, and adoption of Revised Plan in 1939, has been provided by an elected (and
uncompensated) Board of Supervisors.
Over these years two of the larger land owners within the District, namely Graves Brothers
Company and Gracewood Fruit Company, have alternately provided office, filing, storage,
clerical, and other managerial and operational assistance at little or no cost.
With the resulting increased demands associated in the growth and development within and
around the District, and the bureaucracy surrounding the growth management and envi-
ronmental issues, your Board of Supervisors have found it difficult to ade_quately provide the
ever increasing day to day direction of operation and management of the District.
Following several workshop sessions and joint meetings with the St. Johns Water Control
District, a joint management arrangement has been worked out to utilize the services of Mr.
Joel Summer, Administrator of the S.J.W.C.D., on a part time basis, to provide an "office"
and routine management of the operations of the Sebastian River Water Control District.
This arrangement provides a "home" for the District that will be quickly responsive to the
requests and inquiries of landowners, and other concerned individuals and agencies.
The area of the Sebastian River Water Control District contains approximately 10,500
acres.
No formal bond issue or construction project was ever formalized to construct the proposed
Works of Improvements of the Original Plan of Reclamation.
All of the original canals, ditches and levees that had been constructed were completed by
the various landowners, whose properties the improvements benefited, generally following
the Plan of Reclamation.
As the District developed subsequent flooding of citrus groves, urban areas, roads and
bridges following major storm events, and over-drainage in dry seasons, indicated the inade-
quacies of the Works of Improvement previously constructed.
In 1957 the District submitted a, formal request to the U.S. Dept. of Agriculture through
local Indian River Soil & Water Conservation District and Soil Conservation Service offices,
for assistance under the Authority of the Watershed Protection and Flood Prevention Act
(Public Law 566).
v~-s~u~-~-~p.~
A work plan prepared by the S.C.S. was completed in December 1958 and submitted to the
Board o~' Supervlsors of the District.
The work plan of the Sebastian River Drainage District Watershed included a study of 53
square miles (34,000+/- acres) which drain into and through the South Prong of the Sebas-
tian River.
in addition to the area lying within the S.R.W.C.D., the total watershed includes the majority
of Sebastian Highlands Subdivision lying South of County Road 512, all of Vero Lakes
Subdivision, and all of the remaining Ansin and Corrigan lands lying South of C.R. 512 and
West of the Sebastian River Water Control District boundaries.
The work plan was eventually approved and adopted by all parties (i.e.U.S.D.A., i.R.S
& .W.C.D., and S.R.D.D.).
Detailed plans and specifications were prepared that included improvement of two major
canals within the District; provisions for water control structures in these canals to maintain
a water table pool elevation approximately six feet below average ground elevation and to
provide a limited source of irrigation water; and clearing a 200 foot wide flowway (approx-
!mately 3 miles long) in the upper reaches of the South Prong of the Sebastian River to facil-
itate passage of floodwater during major storm events, and reduce the flood stages previous-
ly suffered.
Construction of the project began in July of 1962 and was completed in December 1965.
The benefit and viability of the project has been demonstrated on several occasions since
completion, with noticeable reduction in periods of flooding and flood stages within the total
watershed.
Construction of the flowway consisted' of clearing of trees and snags within a 200 foot wide
right-of-way along the centerline of the creek swamp. No excavation or channelization of
the flowway was performed. No disturbance of the natural creek thread meandering along,
in.a.nd.out of .the flood plain, was performed. Grassing of the flowway was encouraged to
m~mm~ze erosmn.'
The flowway .was designed to .perform only in major storm events when water overtopped
the banks of me natural stream, to permit an uninterrupted flow of flood water within the
creek swamp downstream to a point that existing cross sections of creek could satisfactorily
carry the discharge from the design storm.
Maintenance of the flowway and other improvements provided in the project is mandatory,
to protect the function and integrity of the system, and ~er stipulations set forth in that
"Operation and Maintenance Agreement" between the U~;DA - Soil Conservation Service
and the Sebastian River Water Control District.
Maintenance of flowway in the past (up until 1987) has included the control of tree regrowth
and other woody plant growth by selective herbiciding of such growth from helicopter.
Recent residential development along the flowway and environmental concerns have gener-
ally precluded this method of maintenance in the future. The Department of Natural
Resources denied such a permit application in December of 1991.
VAR-SRWCD*93-Rep-1
Subsequent meetings and on-site inspections with D.N.R. staff resulted in a revised applica-
tion submitted for selective clearing the re-growth of wood trees and brush such as salt bush,
willows, pines, oaks, pepper and cabbage palms from within the flood plain (200' R/W).
This was to be done by hand labor using basal bark treatment on trees andhand spraying of
brush. This treatment to be followed with manual labor in cutting and burning of dead trees
and brush.
In November of 1992 a very limited permit was issued by the D.N.R.
This permit does not allow any clearing North of County Road 512 (located within the
Indian River Lagoon Aquatic Preserve) without performing a M.H.W.L or O.H.W.L. study
to establish the limits of the preserve and then obtaining additional prior written consent of
the Aquatic Preserve Manager.
South of County Road 512 the permit allows only the treatment and disposal of salt bush,
Brazilian pepper and willows within Jurisdictional areas of the D.N.R. The District may
clear whatever it wishes outside of D.N.R. Jurisdiction South of C.R. 512, as long as it does
not pollute State Waters.
No firm estimate of the cost to establish the mean high water (or ordinary high water) line
North of C.R. 512, and the Jurisdictional limits South of County Road 512, w~thin the limit
of the 200 foot wide flowway has been developed, however it is expected to cost in excess of
$25,000.00.
The total cost of obtaining a functional permit may well exceed the budgeted cost of active
maintenance clearing required.
The liability of emended periods of flooding, and elevated flood stages resulting from failure
to maintain the flowway, both within the limits of the District, and/or surrounding properties
within the affected watershed, hangs in the balance of a final determination of this issue.
A yet unscheduled informal hearing has been requested by the District for further clarifica-
tion of this permit issue and responsibilities involved.
Officials of the City of Sebastian and Indian River County have been 'notified of this matter
since areas under their jurisdiction, and within the watershed, maybe severely affected.
From a climatological viewpoint this past year has been a relatively quiet year with no hurri-
canes or freezes affecting our area. However, a major rainstorm event occurred over the
weekend of March 20 and 21 that did cause severe flooding within:the District.
Reportedly 7 to 10 inches of rainfall fell over the District within a 36 hour period. Many
acres of citrus groves and pasture remained flooded for periods of 5 to 7 days after this
event, particularly in the South end of the District.
The prolonged flooding caused by this infrequent rainstorm event emphasizes the necessity
of regular maintenance of field ditches, structures, sublaterals and lateral outfall canals by
the landowner, and the District, to provide maximum capacity of the system. The emended
periods of flooding within portions of the District also indicates that some regulation of
pumping activities within the District may need to be considered in the future.
During the past year your Board of Supervisors have formally developed and adopted a
resolution and general policy on (1) Granting Utility Easements along Dmrict rights-of-way,
and (2) Dumping or placement of debris on District rights-of-way. These policies will pro-
tect and benefit, and will affect all landowners, within the District.
VAR - $RUI::D - 93 - Rep- 1 ~ ~
A summary of other engineering activities occurring during this past year includes the fol-
lowing:
e
Assisted the Board of Supervisors in the transition of the "Office" of the District from
Gracewood Fruit Company (following the resignation of former Chairman John
Luther), to newly appointed Administrator Joel Summer. '
On a routine basis we have prepared for and attended all regular meetings of the
District; responded to requests for technical engineering information from landown-
ers, developers, government agencies (and/or their engineers) pertaining to the
Districts functions and facilities.
3. We have 'met on several occasions with various representatives of local, state and
federal agencies, in reference to the on-going studies relative to storm water dis-
charge from this, and similar, districts into the Indian River Lagoon.
4. We have submitted letter and notice to Clerk of Circuit Court regarding annual
update of Public Facilities Report.
Projects within the District requiring engineering review and Board approval during the past
year include the following:
1. Completion of Radial Gate Repair/Replacement in Lateral "C" Structure.
2. Review of stormwater discharge from new North Couny High School site.
3. Installation of new 16" water main by Indian River County Utilities Department
along County Road 510.
4. Replacement of bridge structure by Indian River County Road and Bridge Depart-
ment on County Road 510.
Your Board of Supervisors spend many hours each year dealing with all of these, as well as
the long range planning issues facing the future operations of the District. The District is
fortunate to have three excellent Supervisors that direct the activities of the District from a
solid business like approach. They can not continue to do this alone. The future successful
operation of this District requires the continued timely interest, support and cooperation of
all landowners within the District.
?
Respectfully submitted,
CARTER ASSOCIATES, INC.
Carter
VAR-SRWL-'D-93-Rep-1 4
!
City of Sebastian
I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
I FAX 407-589-5570
SUBJECT: Rear Ditch Culvert ) Agenda No. ~.2/2~
Pipe Request ) ~
I ) Dept. OriGin ENG/
)
) Date Submitted 06-14-93
! ,
Approved for Submittal By: ) For AGenda of 07-07-93
)
I City Manager ~~~__~ )) Exhibits:
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
June 4th, 1993, I received a letter from Carson Coakley at
626 Doctor Avenue requesting that the City participate in the
installation of a culvert pipe at the rear of his property.
I made a field investigation and determined that this rear
drainage ditch outfalls in the southerly direction to the
Wentworth ditch through a side yard ditch. Mr. Coakley
identifies that his neighbor is applying for a sidelot culvert
pipe to be'installed.
Mr. Coakley is requesting that the City participate with the
installation of the culvert pipe at this time so that the
installation could occur concurrently with the installation of
the side lot culvert pipe. There are advantages and
disadvantages as follows:
1. The cost would be f~r cheaper for the City to have the
culvert pipe installed at this time since there would only
be one move in cost and the contractor could have less per
unit cost for installation because there is more pipe to be
installed.
2. Only one manhole or catch basin would be necessary because
the offset between the side lot and the rear drainage ditch
could be eliminated thus saving the City approximately
$1700 to $2200.
3. The drainage ditches are overgrown and it is difficult for
the City to maintain this area.
4. Stormwater runoff from the adjacent lots would provide
additional treatment to the stormwater runoff through
percolation.
5. The rear pipe is an extension of a proposed side lot
drainage system. It will not be constructed by it\s self.
DISADVANTAgeS
1. There is limited funding availab~ for culvert pipe
installation which should be expended for side lot culvert
pipes since the easements are considerably smaller and the
side set back for the building is considerably less than
the rear easements.
2. The side lot culvert pipes were established for an
average culvert pipe as being 24" in diameter for side
lot drainage ditches. The City's cost participation even
for a 24" pipe JuS~may not be typical for the average pipe
size for rear lot drainage ditches.
RECOMMEbE)ED ACTION
Following staffs review of the advantages and disadvantages, it
appears that the advantages out weigh the disadvantages for
this particular project. It should be noted that if this rear
culvert pipe is approved that a stipulation be entered into the
record that this is an extension of a side lot culvert pipe.
I believe that City Council is not interested in seeing rear
drainage ditches being piped on a piece meal basis.
TO:
FROM:
RE:
DAN ECKIS CITY ENGINEER
CARSON COAKLEY 662 DOCTOR AVE
SWALE REAR OF LOT 6 BLOCK 49 UNIT 2
SIR:
I HAVE BEEN A RESIDENT OF THE CITY OF SEBASTIAN SINCE MAY OF 1989.
RESIDING AT 662 DOCTOR AVE. THIS ADDRESS IS LOT#6 BLOCK~49 UNIT~2.
MY PROPERTY HAS A DEEP REAR DRAINAGE DITCH WHICH IS VERY DIFFICULT
TO MAINTAIN. THE DITCH IS 6 TO 8 FOOT DEEP. 'AS THE DITCH PASSES MY
PROPERTY GOING WEST IT BECOMES A GREAT DEAL SHALLOWER AND iS MUCH
EASIER TO MAINTAIN.
MY NEIGHBOR ON LOT~7 IS ABOUT TO APPLY FOR A SIDE LOT CULVERT WITH
PARTICIPATION FROM THE CITY OF SEBASTIAN PER RESOLUTION NO. R-93-14.
THIS SIDE LOT CULVERT WOULD STOP AT MY PROPERTY LINE.
I REQUEST THE CITY OF SEBASTIAN TO PARTICIPATE IN THE INSTALLATION
OF A CULVERT AT THE REAR OF MY PROPERTY. THIS WOULD ALLOW THE
CULVERT TO BE STRAIGHTENED WITH ONLY ONE ANGLE WHERE THERE ARE NOW
TWO ANGLES.
I HAVE ENCLOSED A SECTION OF A PLAT MAP. THE RED MARKING SHOWS THE
ELIMINATION OF ONE OF THE ANGLES. THE GREEN MARKING SHOWS THE DITCH
AS IT IS WITH TWO ANGLES.
I BELIEVE THAT THIS WOULD BE IN THE BEST INTEREST OF THE CITY BY
ELIMINATING THIS DEEP DITCH WHICH WILL RESULT IN FUTURE REDUCED
MAINTENANCE COSTS TO THE CITY OF SEBASTIAN.
R_~,,S~_PECTFULL~ SUBMITTED
CARSON COAKLEY
I
I
i
i
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Fey Request for
Attenuator extension
Approved for Submittal By:
City Manager,S___-
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda of
)
) Exhibits:
)
ENG/~
06-14-93
07-07-93
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
During the City Council workshop meeting of April~th, 1993,
a request was made by the property owner Channel Marker 68
Marina to pay for the cost of installation of a wave
attenuator on the Sebastian Fishing Pier. The City would pay
for the first 120 ft and his responsibility would be for
anything beyond. There was concern that with the
construction of the Wave Attenuator that during heavy storms
that the fishing pier could sustain severe damage and who
would be responsible to pay for the cost of the repair or
replacement of the fishing pier.
I have contacted our consultant to do an analysis of the
loading on the fishing pier. A copy of his letter has been
included for your review.
RECOMMENDED ACTION
Review the letter from Riomar. Discuss and consider the
request from the owner of Channel MArker 68 to install the
wave attenuator on the fishing pier.
I
RIOMAR m
Engine~
June 3, 1993 I
Eckis, P.E. I
Daniel
C.
City of Sebastian
p.O. Box 780127
Sebastian, FL 32878-0127 :' I
Dear Dan,- : i' ....
I have .evaluated the proposed dock modification as w~ discussed, I
and found that the most ~amage would be caused by wind from the
north. Due to the shallow water, the breaking waves would have ·
a maximum impact at wind speed of 30 mph. This impact will remain
virtually constant 'for any higher wind speed. -..
As for the dock itself, it would resist to this load without any I'
problem .after installation .of the attenuater. However, the
attenuator ·support beams should be changed. Further,.I would like
to suggest to change the 'bracing, and the method of ~n~tallation. i
I believe these changes would make the installation easier as well
as cheaper.
Should you have any questions, please call me. I
Alois Stransky, P.E.
AS/dh
encl: Bracing Details
cc: file
420 Fourth Ave.
Indidan~ic, FL 32903
P.O. Box 991
,Melbourne Beach, FL 32931
(407) 729-8000
City of Sebastian
POST OFFICE BOX 780127 B SEBASTIAN, FLORIDA 32978
· TELE.,O.E ( 07) 9- 330 [] FAX
!
SU ECT: ·
UTILITIES DEPARTMENT'S
NEED FOR ADDITIONAL STAFF
APPROVED FOR..S~TA~Y:
City Mama g e r~_ ~~ /A.
EXPENDITURE
REQUIRED: $8,000
Dept. Origin Utilities
Date Submitted 6/05l~3
For Agenda Of ~~"~ 7'/7
Exhibits: VOTAPKA. MEMO DATED
6/03/93, AND ATTACHED
JOB DESCRIPTION
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED: NONE
*Realign existing salary budget of $59,300 to cover additional
position from unexpended balances.
SUMMARY STATEMENT
Now that the City of Sebastian has officially assumed
responsibility for the water and sewer systems at Park Place and
Palm Lake Club, the Utilities Department's maintenance workload
has increased significantly. The Utilities Director is reading
meters, installing water meters, clearing area surrounding water
meters, checking sewage lift stations, etc. This does not allow
the Utilities Director the time to continue handling the
administrative work involved with starting up a water and
wastewater system within the City of Sebastian. It is now time to
hire a full-time Utility Service Worker. This position would
assume the responsibility for the maintenance type work currently
being performed by the Utilities Director and allow the Utilities
Director to continue with planning, operating and maintaining a
quality water/wastewater program for the City.
The attached job description outlines the duties of the proposed
position and the memo justifies the need for the position. WithOut
this position the Utilities Director will have to spend time out in
the field rather than handling the management and operations of the
Department. A new position can alleviate this at a lower cost for
the maintenance type duties that must be performed.
RECOMMENDED ACTION
Review the attached job description and memo and recommend approval
for the position and salary for the remainder of this Fiscal Year.
DATE:
FROM:
TO:
SUBJECT:
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
M E M_O R A N D U M
June 3, 1993
Richard B. Votapka, Utilities Director
Robert S. McClary, City Manager
Authorization for Hiring a Full Time Utilities
Service Worker
Since the City of Sebastian has taken over operation of the Park
Place and Palm Lake Club water and sewer systems on May l, 1993,
I have found myself hard pressed for time to take care of my
administrative duties as well as the operation and maintenance
responsibilities. Consequently, I have found myself spread
somewhat thin in trying to do everything. I am afraid that
without some help in 'the field that some minor maintenance
problems will grow into larger ones.
In performing the maintenance and operation myself, I wrote the
job description for Utilities Service Worker I which is attached
to this memo. There are forty (40) duties which I listed at the
time but by virtue of other recent experience, I could list some
more.
I would request approval from the City Council to authorize the
staffing and funding of this position.
/jmt
CITY OF SEBASTIAN
UTILITIES SERVICE WORKER I
MAJOR FUNCTION.
This is an entry level service maintenance position as a Utility
Service Worker in water distribution and/or sewer collection and
transmission systems. The work consists of a variety of manual
labor tasks associated with the construction, maintenance, and
repair of the City's water and sewer infrastructure. Work
involves on-the-job training and attendance of training seminars
when offered. The Utilities Service Worker I shall work under
the direction of the immediate supervisor as shown on the
organizational chart for the Sebastian Utilities Dept.
ILLUSTRATIVE DUTIES
(Note: The listed duties are illustrative only and are not
intended to limit the employee's assigned tasks. Omission of
specific duties not listed below does not preclude management
from assigning other tasks if such tasks (duties) are a logical
assignment relative to the position.)
1. Installs water meters, check valves, meter boxes and lids.
2. Reads water meters for billing purposes.
3. Repairs leaks in a water service line.
4. Replaces meter boxes and lids which have been damaged or
deteriorated.
5. Repositions existing meter boxes which are too low or too
high in relation to the ground surface and which are not
centered over the meter and service line.
6. Removes grass, vines, and other vegetation, and excess soil
which have intruded into the meter box.
7. Replaces meters which appear to be defective or whose lenses
have become fogged enough to observe proper reading of the
meter.
8. Edges around the meter box to remove grass or plants
extending onto the top of the meter box.
9. Installs or removes locking pins in respect to service
disconnections or reconnections.
10. Opens or shuts off services at the curb stop for new ~eter
installations, disconnections, and reconnections.
11. Installs hydrant meter upon request.
12. Sprays insecticides in the interiors of water meter boxes
for fire ants, wasps, hornets, or other pests.
13. Spray paints " blue" arrows on the sides of the road
indicate the location of meter boxes.
14. Measures and records the distance from the edge of the road
to the center of the meter box for location purposes.
15. Spray paints valve box covers, fire hydrants, and other
required appurtenances.
16. Locates water and sewer lines.
17o installs concrete pads around valve boxes.
18. Uses valve wrench to close and o~en gate valves periodically
to ensure their proper operation.
to
CITY OF SEBASTIAN
UTILITIES SERVICE WORKER i - Sheet 2 of 4
19. Removes debris and dirt from the interiors of valve boxes.
20. Repositions existing valve boxes where the valve wrench
cannot fit properly over the operating nut.
21. Flushes water from blow offs in cul-de-sacs or dead ends on
a periodic basis to remove stagnant water from the mains.
22. Takes tests for the free chlorine residuals with a chlorine
test kit.
23. Checks fire and makes repairs to hydrants to ensure that all
nozzles are properly tightened, chains from the nozzles to
the lugs are in position, a sufficient quantity of oil is
within the upper reservoir, flange bolts and nuts are not
badly corroded, no leaks are evident, and the surrounding
ground is a minimum of 3" below the bottom flange.
Paints fire hydrants when necessary.
Periodically flushes the fire hydrant to ensure proper
operation of the hydrant and checks static pressure.
26. Meets with the local fire department on an as-needed basis
to determine the actual fire flow available from the hydrant
nozzles.
27. Removes any excess soil build-up around the bottom flange of
the hydrant; replaces any soil and sod around the hydrant
where by erosion or flushing operation.
28. Repairs the hydrant should it be damaged by vandalism,
corrosion, vehicular impact, or other causes.
29. Removes excessive concrete on any existing valve covers,
manhole cover, or lift station access lids.
30. Checks manholes on gravity sewer collection system on a
periodic basis.
31. Checks the following sewage lift stations twice weekly:
1. City Hall L.S. west of the Police Station Annex
2. Capt. Hiram's Restaurant L.S. on Indian River Drive
3. Sebastian Elementary School L.S. on CR 512
4. Park Place L.S. between two residences at the southeast
corner of E. Lakeview Drive and'Brigadoon Drive
The items to,be done are as follows:
A. Read & record the Elapsed Time Meters for each pump
' B. Check pump running lights
C. Check H-O-A (Hand-Off-Automatic) switches make sure
switches are in the Automatic Position
D. Check to make sure all circuit breakers are in the
"ON" position
E. Check to see if there is any water in the panel box
F. Check wet well once per week to see if there is any
grease build up on the walls and floats
G. Make sure panel box cover and access lids to the wet
well and valve vault are securely locked when leaving
Clean grease and scum build-up off walls of wet well with a
high pressure nozzle and hose.
Repairs leaks in sewer laterals.
~24.,
25.
32.
33.
CITY OF SEBASTIAN
UTILITIES SERFICE WORKER I - Sheet $ of 4
34. Performs infiltration tests with supervisor on an infrequent
basis at existing lift stations and sewer manholes during the
hours of 1 AM - 4 AM.
35. Operate small electric and mechanical hand tools.
36. Keep all tools and equipment in good condition.
37. Maintain an inventory of water and wastewater supplies in
stock; notify supervisor when item should be ordered.
38. Repor~ problems in the field to the supervisor.
39. Advise supervisor as to any need for additional equipment,
tools, materials, and incidentals necessary for performing
the tasks assigned.
40. Perform related work as assigned.
QUALIFICATIONS
KNOWLEDGE, SKILLS, ABILITIES
1. Ability to follow written and verbal instructions.
2. Ability to communicate effectively, orally and in writing.
3. Ability to respond to questions by the general public in a
courteous manner and to control one's temperament.
4. Possession of some knoWledge of water and sewer materials
and terms.
5. Ability to maintain a good, positive work attitude.
6. Ability to relate well with the supervisor and co-workers.
7. Knowledge and ability to operate small electric tools and
equipment.
8. Ability to be self motivated.
9. Possession of good physical stamina and strength to perform
tasks associated with lifting and carrying objects under adverse
weather conditions.
10. Knowledge of keeping safety first at all times during
various type working situations.
11. Knowledge and ability to read a map and/or blueprint to
scale and ruler to the 1/16th of an inch.
12. Ability to cope with stressful and potentially dangerous
situations in the course of the job when encountering snakes,
wasps, hornets, spiders, lizards, scorpions, worms, fire ants,
alligators and other pets creatures and insects while reading
meters, resetting or replacing meter boxes and valve boxes.
13. Knowledge and ability to complete simple reports and forms.
EDUCATION AND EXPERIENCE: Possession of a high school diploma or
G.E.D. Ability to read and write English. Experience in water
and sewer system construction, maintenance, and operation is
desirable but not necessary.
CITY OF SEBASTIAN
UTILITIE~ SERFICE WORKER I-.Sheet 4 of 4
SPECIAL REQUIREMENTS. Must possess a valid Florida driver's
license. Must be willing to obtain a valid Florida Chauffeur's
~icense or an appropriate, valid Florida Commercial Driver's
license with appropriate endorsements if requ. ired in the future.
Must be able to pass a physical examination and drug screen
testing which administered 'as ~ condition for hiring. Must be
able to pass a respiratory physical for self-conta~ned~breathing
apparatus. This position will most probably require overtime on
an on call basis especially when an emergency may arise during
off duty hours. The individual must have some means of
communication which the City can use to contact the employee
during off duty hours. Must be able to respond on weekends to
emergency situations.
PHYSICAL REQUIREMENTS: Work may be physically demanding at times
under high temperature and humid conditions. The individual.
employee must be physically capable at all time of properly
wearing and utilizing a self-contained breathing apparatus.
UTILITIES SERVICE WORKER I
~OR FUNCTION
This is an entry level service maintenance position in water
distribution and/or sewer collection and transmission systems.
This is predominantly manual work associated with the construction,
maintenance, and repair of the City's water and sewer
infrastructure. At the present time, this position works directly
under the field supervisor.
ILLUSTRATIVE DUTIES
1. Installs water meters.
2. Reads water meters.
3. Repairs leaks in water line service.
4. Maintains area surrounding meter box.
5. Opens or shuts off service at the curb for meter installations,
disconnections, or reconnections.
6. Checks/cleans/maintains valves.
7. Maintains and repairs fire hydrants.
8. Sets up and follows a maintenance schedule for lift stations
9. Perform other duties as required.
MINIMUM QUALIFICATIONS
Knowledge, Skills, Abilities
1. Knowledge of basic water and sewer materials and terms.
2. Ability to communicate, orally and in writing.
3. Ability to follow directions and work independently.
4. Ability to read maps and blueprints.
5. Ability to complete simple reports and forms.
6. Ability to work outside in all kinds of weather performing
manual labor and to work in small spaces.
Education and experience
The minimum requirements for this position are a high school
diploma or G.E.D. and limited work experience in a water or
wastewater facility.
License or certification
Must possess a valid Florida driver's license and be able to obtain
a Florida Chauffeur's license within six (6) months of request.
Must be able to pass a respiratory physical for self-contained
breathing apparatus within six (6) months from date of hire.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT, )
WATER SYSTEM CONNECTION )
AGREEMENT BETWEEN CITY OF )
SEBASTIAN & CAPT. HIRAM'S
APPROVED F0R S UB~L~,
DEPT. 0F ORIGIN UTILITIES
DATE SUBMITTED 6/29/93
FOR AGENDA OF ~ULY 7t,199~
Exhibits:
Water System Connection
Agreement
EXPENDITURE AMOUNT
REQUIRED: n/a BUDGETED:
n/a
APPROPRIATION
REQUIRED: n/a
SUMMARY STATEMENT
On April 27, 1993, Thomas Collins, President of Captain Hiram's
River Raw Bar and Seafood Cafe requested permission from the City
to allow Captain Hiram's to connect to the Oyster Point/Oyster Bay
Water System. The Board of Directors for Oyster Bay/Oyster Pointe
had reviewed and approved the request. I subsequently discussed
the matter with City Manager Robb McClary and drafted a Water
System Connection Agreement. It has been reviewed by Tom Collins,
Robb McClary, and City Attorney Charles Nash, who drafted the final
attached agreement.
RECOMMENDED ACTION
I am requesting that the attached agreement be placed on the City
Council Agenda for the July 7th Workshop Meeting for the Council's
perusal, discussion and approval.
DATE:
FROM:
TO:
SUBJECT:
MEMORANDUM
June 29, 1993
Richard Votapka, Utilities Director
Bruce Cooper, Acting City Manager ~'~
Water System Connection Agreement between the City of
Sebastian and Captain Hiram's
On April 27, 1993, Thomas Collins, President of Captain Hiram's
River Raw Bar and Seafood Cafe requested Permission from the City
to allow Captain Hiram's to connect to the Oyster Point/Oyster Bay
Water System. The Board of Directors for Oyster Bay/Oyster Pointe
had reviewed and approved the request, i subsequently discussed
the matter with City Manager Robb McClary and drafted a Water
System Connection Agreement. It has been reviewed by Tom Collins,
Robb McClary, and City Attorney Charles Nash who drafted the final
attached agreement.
I am requesting that the attached agreement be placed on the City
Council Agenda for the July 7th Workshop Meeting for the Council's
perusal, discussion and approval.
_N. sH & Tom.
ATTORJ~¥S AT
June 24, 1993
930 $. t~U~BO~ O~ Btm.
Smu~ 505
/q~u~o~. l~o~mA 32901
l'AX (407) 951-3~41
Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Utility Department Matters
Water System Connection Agreement Between
the City of Sebastian and Captain Hiram's
Our File No: 93-9659
Dear Rich:
I have enclosed with this letter'the original proposed Water System
Connection Agreement with the revisions you requested on pages 2,
4 and 5. Please note that I did not revise the title of the
agreement because, in my opinion, such a revision is not needed.
I would recommend that once this agreement is approved by all
appropriate parties, including the Sebastian City Council, it be
signed in at least two original counterparts whereby the City would
keep one original counterpart and Sebastian Inlet Marina & Trading
Company, Inc. would keep an original counterpart.
CIN:bd
Enclosure as stated
Very trulT yours,
FRESE/~& TORPY,
Charles Ian Nash
City Attorney
P.a.
WATER S~STEM CONNECTION A~REEMENT
THIS A~REEMENT made this day of ., 1993,
by and between the City of Sebastian, a municipal corporation
created and existing under the laws of the State of Florida, (the
"City"), whose principal office is located at 1225 Main Street,
Sebastian, Florida, 32958, Sebastian Inlet Marina & Trading
Company, Inc., a Florida corporation, doing business as Captain
Hiram's River Raw Bar and Seafood Cafe, (hereinafter "Captain
Hiram's"), whose principal office is located at 1606 Indian River
Drive, Sebastian, Florida, 32958, and Thomas H. Collins, an
individual, Martin H. Carter, an individual., and James P. Hoffman,
Jr., an individual, (all three foregoing individuals hereinafter
collectively "Shareholders").
WHEREAS, Captain Hiram's has sought permission from Oyster
Bay/Oyster Point Condominiums Association, Inc., a Florida
corporation, (hereinafter "Oyster Bay") to utilize the potable
water system owned and operated by Oyster Bay for a back-up to its
own water system as described in a letter from p.F. Nohrr of the
law firm of Nohrr, Nohrr, Boyd, Howze & capps, P.A., to Thomas H.
Collins, President, dated May 14, 1992, a copy of which is attached
to this Agreement as Exhibit "A", and by this reference
incorporated herein; and
WHEREAS, Oyster Bay has issued a formal letter of
authorization granting permission to Captain Hiram's to connect to
the Oyster Bay potable water system; and
WHEREAS, Captain Hiram's has notified the Indian River County
Environmental Health Department of its intent to connect to the
Oyster Bay potable water system, and Captain Hiram's has received
verbal approval of such connection from Director Michael Galanis;
and
W~EREAS, the Shareholders own all of the issued and
outstanding shares of stock of Captain Hiram's and will personally
benefit by the City entering into this Agreement with Captain
Hiram's; and
W~EREAS, Captain Hiram's now seeks approval from the City to
connect to the Oyster Bay potable water system.
· OW, TNEREFORE, for and in consideration of the provisions
contained in this Agreement, the receipt and sufficiency of which
are hereby acknowledged, the City,
Shareholders agree as follows:
1. Recitals: The recitals
Captain Hiram's and the
hereinbefore provided are
incorporated by reference in this Agreement.
2. Costs of the Connection: Ail costs of installing the
connecting pipe between Captain Hiram's and the Oyster Bay potable
water system shall be borne by Captain Hiram's and the City shall
not contribute any funds towards said costs.
3. Backflow Prevention Device: Captain Hiram shall install,
at its sole expense, a backflow prevention device, which shall be
one of the four devices as approved by the Florida Department of
Environmental Regulation, that shall be located above the ground
and accessible for inspection and viewing.
4. Permits: Captain Hiram's shall obtain all necessary
2
permits from all applicable federal, state and local governmental
entities and agencies prior to installing any portion of its
connecting piping.
t5. Severance of Connectinq Piping: Captain Hiram's agrees
o sever, at its sole expense, the connecting piping or tie-in with
the Oyster Bay potable water system at the time that' Captain
Hiram's connects to the municipal water system available from the
City. In addition, Captain Hiram's agrees to sever the tie with
its own water well system(s) at the time that Captain Hiram's
connects to the municipal water system provided by the City.
6. Cross-connection: Captain Hiram's shall allow the City
to conduct a cross-connection control survey on its premises prior
to connecting to the municipal water system operated by the City.
7. Plumbi%g Modifications: Captain Hiram's shall implement
each and every modification required by the City to its existing
plumbing on site to correct any actual cross connections or
potential health hazards which concern Captain Hiram's connecting
to the municipal water system operated by the City, at the time
that Captain Hiram's connects to the City municipal water system.
8. Indemnification: Captain Hiram's hereby agrees to
defend, indemnify and hold the City harmless from and against any
and all losses, expenses, judgments, reasonable attorneys fees, and
any other liabilities arising from any claims, demands, suits and
actions made, asserted or filed by anyone in connection with or in
any way related to this Agreement or the performance or failure to
perform by Captain Hiram's its obligations under this Agreement.
9. Guaranty: Shareholders, jointly and severally,
unconditionally and irrevocably guaranty the performance of, as
primary obligors, all liabilities, obligations and duties imposed
upon Captain Hiram's under the terms of this Agreement. This is a
continuing guaranty and shall apply to any and all amendments and
modifications whatsoever.
10. Notice: All communications required or permitted to be
given hereunder shall be in writing and shall be deemed delivered
by one party to another party when personally delivered to him or
her or when placed in a depository under the control of the United
States Postal Service, and mailed by certified or registered mail,
return receipt requested, postage prepaid,, addressed to:
TO THE CITY: CITY OF SEBASTIAN
Attention: City Manager
1225 Main Street
Sebastian, Florida 32958
WITH A COPY TO: CF~U{LES IAN NASH, ESQ.
City Attorney
Frese, Nash & Torpy, P.A.
930 S. Harbor City Blvd., Suite 505
Melbourne, Florida 32901
TO CAPTAIN HIRAM'S: CAPTAIN HIRAM'S RIVER RAW BAR
AND SEAFOOD CAFE
Attention: PRESIDENT
1606 Indian'River Drive
Sebastian, Florida 32958
TO SHAREHOLDERS: Thomas H. Collins
Martin H. Carter
James P. Hoffman, Jr.,
c/o Captain Hiram's River Raw Bar
and Seafood Cafe
1606 Indian River Drive
Sebastian, Florida 32958
11. Binding Effect: All the terms, covenants, warranties and
the representations contained herein shall be binding upon the
4
parties, their heirs, successors and assigns.
12. Attorneys Fees and Costs: If any action is commenced to
enforce or to construe any term, covenant, or condition of this
writing, the prevailing party in such action shall be entitled to
all costs and expenses of said action (including reasonable
attorney's fees) at trial and all appellate levels, from the
unsuccessful party in said action.
13. Entire Aqreement: Except as is specifically stated
herein, this Agreement constitutes the entire agreement between the
parties and supercedes all agreements, representations, warranties,
statements, promises and understandings not delivered in connection
herewith. No party has in any way relied., nor shall in any way
rely, upon any oral or written agreements, representations,
warranties, statements, promises or understandings not specifically
set forth in this Agreement or in such documents.
14. Amendments: Neither this Agreement nor any term hereof
may be changed, waived, discharged or terminated orally, but only
by an instrument in writing signed by the party against which
enforcement of the change, waiver, discharge or termination is
sought.
15. Governing Law: This Agreement shall be governed and
enforced in accordance with the laws of the State of Florida, and
venue for any action brought hereunder shall lie exclusively in
Indian River County, Florida.
5
IN WIT~ESS WHEREOF:
The City, Captain Hiram's, and the Shareholders have caused
this Agreement to be signed on their behalf on the date set forth
above.
CITX OF SEBASTIAN
By:
Attest:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Sufficiency:
Charles Ian Nash, City Attorney
Approved for utility matters:
By:
Richard B. Votapka, P.E.
Utilities Director
SEBASTIAN INLET MARINA &
T~ADI~ COMPANY, INC.
By:
President
Attest:
By:
Secretary
(Corporate Seal)
6
WITISESSES:
WITNESSES:
WITNESSES:
SHAREHOLDERS:
Thomas H. Collins,
Individually
James P. Hoffman, Jr.,
Individually
Martin H. Carter,
Individually