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HomeMy WebLinkAbout07141993City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [; FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNF.3DAY, JULY 14, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MA/N 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, SEBAST/AN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Harold Lee - First Baptist Church of Sebastian 4. ROLL CALL AGENDA MODIFICATIONS ~ AND[OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to to the podium and state his/her the record prior to addressing 93.184 A. RESOLUT~Q~ No. ~ - st PGS 1-24 Carl Julian, Trustee Spec: Mulchlng Facilit~ !Director Development Transmittal dat~ Letters dated 6/18/93, Fish~ 6/23/93, Brooks Letter date( Letter dated ~/30/93, Torpy U.S. Fish & Wildlife Letter 30, Map [Previously Distrib% PGS 25-48 i I I U.S. HIGHWAY 1, LOCATED IN THE ( INDIAN RIVER COUNTY, FLORIDA,- P~ COMPLIANCE WITH THE REQUIREMENT~ DEVELOPMENT CODE OF THE CITY OF FOR THE IMPOSITION OF CONDITION~ THE SPECIAL USE PERMIT; PRESCRI~ SPECIAL USE PERMIT EXPIRES; PRO~ RESOLUTIONS OR PARTS OF RESOLUTI HEREWITH; PROVIDING A SEVERABILI oOVIDING FOR~..FFECTIVE DATE. Ail items on the consent agenda routine and will be enacted by c [TY OF SEBASTIAN, HIDING FOR OF THE LAND ;EBASTIAN; PROVIDING FOR THE ISSUANCE OF iNG A TIME WHEN THE [DING FOR REPEAL OF ~NS IN CONFLICT ,Y CLAUSE; AND /~ ~re considered to be ~e motion. There will be no separate discussion Of c~nsent agenda , items unless a member of City COUncil so requests; ~n which event, the item will be removed and acted upon separately. . Il A. Approval of Minutes - 6/28/~3 Regular Meeting, 7/7/93 Workshop 2 A RESOLUTION OF THE CiTY OF SEB; }TIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO T~E GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND RECYCLING FACILITY, pURSUANTITO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF ~HE CITY OF SEBASTIAN, FOR A TRACT OF LANDA~PROXIMATELY 50 ACRES IN SIZE LOCATED NORTHWEST OF MA] I STREET, NORTHEAST OF THE SEBASTIAN MUNICIPAL AIRP( {T, AND SOUTHWEST OF ~peak is asked to go ~ame and address for ~e Council. Sebaltla~ PUD - ~1 Use Permit - · )f Community 7/8/93, Cooper Letter dated · 6/29/93, Davis ~etter dated 7/6/93, ~ated 6/4/93, R-93- · :ed on 6/2/93]) 93.213 PGS 49-52 93.215 PGS 53-59 93.216 PGS 61-79 93.217 PGS 81-82 93.218 PGS 83-86 RESOLUTION NO. R-93-32 - Utilities Servioe Worker I - Job Description (Utilities Director Transmittal dated 7/8/93, R-93-32 w/ Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES SERVICE WORKER I; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-3~ - v&oation of Ease~ent (City Clerk Transmittal dated 7/8/93, R-93-31, City Engineer Memo dated 6/22/93, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE NORTH TEN FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 31, BLOCK 239, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Receive Code Enforcement Orders - No. 93-8246 (Picca), No. 93-7709 (Tayler & Pfenninger), No. 93-8164 (Herbst), No. 93-8115 (Dernbach), No. 92-7475 (Kozdra) Christ the King Lutheran Church - Request Permit Fee Waiver and Reimbursement of $350 Site Plan Fee (Director of Community Development Transmittal dated 7/8/93, Hauenstein Letter dated 7/2/93) Tozzolo Bros. - Specimen Tree Removal Request - Two Pines - Lot 3, Block 287, Unit 10 Sebastian Highlands (Director of Community Development Transmittal dated 7/8/93, Application, Survey) 9. PRESENTATI0~ 3 10. 11. 12. 13. 14. 93.203 PGS 87-88 MAYOR AND CITY COCD~D~_~M~TTER8 A. Mayor Lonnie R. Powell B. Vice-Mayor Frank Oberbeck C. Mrs. Carolyn Corum D. Mrs. Norma Damp E. Mr. Robert Freeland ~ATTORNEY MATTERS CITY MANAGER~ ~REPORT$/RECOMMEND~IO~ OLD ~USINESS RESOLUTION NO~ ~ - 92/ (Finance Director Transmitta2 [Budget Amendment, Budget Va] and R-93-29 Under Separate A RESOLUTION OF THE CITY OF SEBA~ COUNTY, FLORIDA, AMENDING THE ANq CITY OF SEBASTIAN, FLORIDA, FOR BEGINNING OCTOBER 1, 1992,'AND 1993; APPROPRIATING FUNDS FOR TH] EFFECTIVE OPERATION OF THE GOVE~ SEBASTIAN AND ALL OF ITS DEPARTM] YEAR ENDING SEPTEMBER 30, 1993, BEING FROM ANTICIPATED REVENUE; AMEND SAID ANNUAL BUDGET SO AS T FUNDING OF PURCHASE ORDERS, WORK FY Budget Amendment dated 7/6/93 ances Explanation ;er]) ~IAN, INDIAN RIVER 3AL BUDGET OF THE {E FISCAL YEAR )ING SEPTEMBER 30, EFFICIENT AND ~ENT OF THE CiTY OF {TS FOR THE FISCAL JCH APPROPRIATIONS ~OVIDING A MEANS TO CARRY FORWARD THE )RDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND THE SAID BUDGET T0~REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1992~ PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CAP~Y'FORWARD UNENCUMBERED BALANCE iN CAPITAL pROJECTS FUND; AUT.ORIZING THE T SFER OF FUNDSlHEREIN APPROPRiATeD SO LONG AS THE TOTAL COvM~.INED APprOPRIATIONS SHALL NOT BE INCREASED THEREBY, PROVIDinG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 4 15. 93.219 PGS 89-97 16. NEW BUSINESS Bid Award - Temple Avenue Reconstruction - Pan American Engineering Company, Inc. - $80,277.50 (City Engineer Transmittal dated 7/8/93, Bid Tabulation, Exhibit D, Public Entity Crime Form and Exhibit G) I~ROD~T!ON OF NEW BUSINESS BY THE P~LI~ (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY ANDEVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 5 NOTICE OF PUBLIC ~EARING SPECIAL ~ ~ERMIT RESOLUTION NO. R-93-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF .A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING ANBi' RECYCLING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 50 ACRES IN SIZE LOCATED NORTHWEST OF MAIN STREET, NORTHEAST OF THE SEBASTIAN MUNICIPAL AIRPORT, AND SOUTHWEST OF U.S. HIGHWAY 1, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The city Council of the City of Sebastian, Indian River County, Florida, will conduct a public hearing on Wednesday, July 14, 1993 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adoption of the above- referenced Resolution granting a special use permit to Carl R. Julian - Trustee, Saint Sebastian P.U.D. to operate a mulching and recycling facility on approximately 50 acres of a 312 acre tract of land. At the conclusion of this public hearing or at a subsequent meeting, the Council may adopt this Resolution. Interested parties may inspect the proposed Resolution in the office of the city Clerk at City Hall, and may appear at the hearing and be heard with respect to the proposed Resolution. Anyone who may wish to appeal any decision which may be made at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. By: Kathryn M. O'Halloran, CMC/AAE city Clerk City of Sebastian Publish: Tuesday, July 6, 1993 \ws-form\spec.ad i i City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-557O SUBJECT: PUBLIC HEARING FOR ) Agenda Number: RESOLUTION R-93-30 REGARDING ) SPECIAL USE PERMIT FOR CARL JULIAN ) Dept. Origin: Community Development Approval for Submittal By: City Manager ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) ) 2. ) ) 3. ) 4. ) 5. ) 6. 7/08/93 7/14/93 Letter from Bruce Cooper to Ron Brooks dated 6-18-93. Letter from Bruce Cooper to Jim Davis dated 6-18-93. Letter from D. Fisher dated 6-23-93 Letter from R. Brooks dated 6-29-93 Letter from Jim Davis dated 6-30-93 Letter from R. Torpy dated 7-6-93. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT PROPOSAL - The applicant is proposing.a mulching recycling facility similar to the one granted by City Council (R-92-33) for Dr. Henry A. Fischer. The proposed facility would accommodate the owner's future development (landclearing) and would also' allow other contractors to bring in debris. The applicant has eliminated the burning portion of the operation from his original request as outlined in a letter dated June 23, 1993, from David Fisher. LOCATION - The applicant would utilize the northern portion of the PUD property as depicted on their map (Area A). The actual location would be mobile in order to relocate due to pending development, The applicant will provide a minimum of a 300 foot buffer from any joining property line and no location shall interfere with the existing habitat for the scrub jay. Page 2 TRAFFIC - Ail traffic would be routed through Roseland via Gibson Street. This roadway is designated as a major collector and will eventually become a major parallel reliever for U.S. #1. The immediate area to the north, alongm Gibson Street, is zoned Industrial. The owner would build a temporary roadway (not paved) from the south end of the existing Gibson Street roadway (existing barricade) in order to gain access to their property. The owner would be required to maintain this portion of the roadway. In a letter dated June 30, 1993, from Jim Davis to the Roseland Property Owners Association, Mr. Davis has stated the Public Works Department has no objections to their proposal. STORAGE OF DEBRIS - One concern that staff would have in regards with this type of use is the restriction on the amount of debris that can be stocked piled for this project. Although when reviewing Dr. Fischer,s project this was not specifically addressed, Dr. Fischer's site plan did indicate a limited area for his mulching and burn facility. Therefore, a 60 day maximum stock pile is suggested as a condition of approval. The applicant must provide sufficient information regarding the maximum capacity that the mulching machine can process within a typical workday in order to determine the amount of stockpile that would be permissable to meet the 60 day requirement. Example: Machine can process 20 cubic yards of debris during a typical workday. No more than 1200 cubic yards of debris could be stockpiled. COMPATIBILITX WITH AIRPORT - Since the applicant has eliminated the air curtain incinerator (burning) from the proposed request, there should be no · detriment or hazard to the airport for just a mulching operation. RELATED NOISE FROM OPE..~A. TION - The applicant will provide sufficient information at the meeting to indicate that this operation will not exceed the permitted sound levels pursuant to Section 20A-7.4 G 9. This section requires a maximum sound level of 65 decibels for abutting industrial properties and 50 decibels for abutting residential properties. FISH AND WILDLIFE - The applicant must provide a letter of non-objection or approval from the Department of Interior, Fish and Wildlife Division. RECQ.MMENDED ACTION Hold Public Hearing on Resolution R 93-30. June 18, 1993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 Ron Brooks, Manager Solid Waste Disposal District indian River County 1840 25th Street Vero Beach, FL 32960-3394 Reference: Proposed Recycling Facility For St. Sebastian P.U.D. Dear Ron: Please be advised that the City Council will be considering a special use permit for Carl Julian, owner of St. Sebastian P.U.D., to operate a recycling center consisting of a mulching machine and air curtain incinerator. I have been advised by Mr. Julian's consultant that they will be withdrawing their request for the air curtain incinerator and will only utilize the mulching machine for their recycling center. As you are aware, the City of Sebastian has already issued one special use permit for Dr. Henry A. Fischer located within the City limits for the same type of facility. Although the City did not request specific comments from your department, I do know that you were aware of the proposed facility and we did not receive any negative comments before or after the special use permit. There has been a question raised recently regarding the City of Sebastian issuing this type of a special use permit in relation with Florida Statute 403.706. Our City Attorney, Charles Ian Nash, would like ko receive your written comments from yourself and from your County Attorney, Charles Vitunac, regarding this issue. The City Council has scheduled the public hearing on July 14, 1993 and my comments regarding this project should be received by our office no later than July 7, 1993. Sincerely, ~ Director of Community Development BC/gk rbsspud.wp June 18, 1993 City of ,. ebastia/ POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 329'/t~ TELEPHONE (407) 589-5330 ,r.] FAX (407) 589-5570 Jim Davis Public Works Director Indian River County 1840 25th Street Vero Beach, FL 32960-3394 Reference: i i I Dear Jim: Proposed Recycling Facility For St. Sebastian P Please be advised that the City Council will be consideri special use permit for Carl Julian, owner of St. Sebastian P.[ to operate a recycling center consisting of a mulching machin~ air curtain incinerator. I have been advised by Mr. Jul/ consultant that they will be withdrawing their request for th~ curtain incinerator and will only utilize the mulching machin~ their recycling center. The applicant is requesting to utilize Gibson Street via Ros~ Road as their primary and only access to the project. They requesting that the barricade that has been constructed at south end of Gibson Street be removed and they wish to constr~ roadway base to the property to gain access for their tru Since this roadway base will not be paved, 'they are proposin maintain this roadway segment. The City Council has scheduled the public hearing on July 14, and my comments regarding this project should be received by office no later than July 7, 1993. If you have any further questions, please do not hesitate to me a call at 589-5537. Sincerely, _~... Director of Community Development BC/gk jdsspud.wp .D. . ga I and an's air i for land I are the ct a I cks. g to 1993 our I give I Peter W. Jones, P.A. 1627 U.S, Highway One Sebastian, Florida 329.58 407/'588-198~ 407/589-6165 FAX AR 0013214 DEVELOPMENT PLANNING ARCHITECTURE URBAN DESIGN 23 June 1993 -Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, Florida 32958 SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT . REVISED APPLICATION FOR SPECIAL USE PERMIT Dear Bruce, Further to our subject application and letter to you dated 26 May 1993, and also pursuant to our subsequent meetings and discussions regarding this matter, this is to formally advise you that we now amend our subject Application for Special Use Permit to include only ~ mulching~ and ~ operations. That is, we herewith amend our application to withdraw our request for controlled burning operations under the subject Special Use Permit. We will appreciate your amending all other related paperwork and procedures in this matter accordingly to reflect this amendment to our application. Thank you. If you have further questions at this time, please call. Respectfully submitted on behalf of, SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT David W. Fisher Project Management Copy: City Clerk's Office .I ' INDIAN RIVER COUNTY, I ' SOLID WASTE DISPOSAL DISTRICT 1840 25th Street, Vero Beach, Florida 32960 i Telephone: (407) 567-8000 Suncom Telephone: 224-1294 Mr. Bruce Cooper, Director Community Development City of Sebastian ..... P. 0. Box '7 8 012 7 .~"->,~ - ~'~ Sebastian, FL 32978 Re: Recycling Facility, St. Sebastian '~q~~.~' In response to your letter dated June 18, 1993, please be advised that pursuant to County Ordinance 87-67 all solid waste generated by assessable property in the District, or disposed of in the District, is to be disposed of through the SWDD. It is found that this requirement will promote the health, safety, and welfare of the citizens of the District by providing environmentally sound ways of disposing of solid waste, by reducing illegal dumping and by paying for the service through the fairest reasonable method. In addition, the SWDD entered into a bond covenant to finance the solid waste operations for the District and that covenant specifically states that the District, to the full extent permitted by law, is not to grant, renew or cause, consent to or allow the grant, renewal, extension or expansion of any franchise or permit to any person, firm, corporation or body, or agency or instrumentality whatsoever, for any system similar to the system (Solid Waste Operations) within the boundaries of the District. Pursuant to Chapter 403, Florida Statutes, the County has the primary responsibility for solid waste management within the county and municipalities located therein. Under County Ordinance 87-67 that responsibility has been delegated to the SWDD. During recent hearings regarding an operation similar to the one described in your letter the SWDD Board basically maintained the position that all solid waste be processed through the SWDD per the requirements of the 1988 Bond Covenant and County Ordinance 87-67. Inasmuch as the City of Sebastian is a member of the SWDD and inasmuch as the services outlined in your letter are provided by Printed on Recycled Paper ' the SWDD, we recommend and re~est that the City of Sebastian deny the project and re~ire that all solid waste be processed through the SWDD unless specifically approved othe~ise by the SWDD. It is the position of SWDD staff that solid waste operations are ade~ately and substantially provided by the SWDD in full compliance with State and Federal laws, and citizens of the county and the municipalities should not be subjected to, and risk endange~ent from, solid waste management operations of private individuals or businesses. Thank you for the opportunity to comment and if you~ have any ~estions, please do not hesitate to contact this office at 567-8000 Ext. 294. Since~, Ronald R. Brooks, Manager Solid Waste Disposal District RRB/dc B-COOPER/S2a cc: James Davis, Director, Public Works Charles Vitunac, County Attorney James Chandler, County Administrator Telephone: (4Q7..) 567-8000 T June 30, 1993 BOARD OF COUNTY COMMISSIONERS 1840 25th St~t, Vov B~ach, Flo~-ida 32960 _ h~- ~ ~ ~ ~'.'. , I~ ~: o Ms. Laura Lathero-Gay President, Roseland Property Owners Association 12946 83rd Avenue Roseland, FL. 32957 Subject: Request for County to Open Gibson Street to City of Sebastian Ref. Letter: Bruce Cooper to Jim Davis dated June 18, 1993 Dear Laura: Enclosed is a copy of a letter I received from the City of Sebastian requesting that the County open Gibson Street just west of the FEC Railroad for access to the City. The developer of a large project known as the St. Sebastian Planned Unit Development is planning to install a mulching machine to mulch clearing debris. It is expected that 15-18 trucks per day will deliver land clearing debris via Gi~on Street. The County has over the past 5 years, programmed the extension of Gibson Street in its 20 Year Road Capital Improvement Project and a portion is scheduled for paving late next year. At this time, the Public Works Department has no objection to opening =he road which is currently barricaded at the north City of Sebastian City limit line since it is a currently dedicated county road and the St. Sebastian property has legal access frontage. The City will conduct a public hearing on this issue on July 14, 1993. Ms. Laura Lathero-Gay Page two June 30, 1993 I thought you may be interested in this matter and welcome your comments. Sincerely, James W Davis, P.E. Public Works Director JWD:rt Attachment: Referenced letter CC: Commissioner Fran Adams Bruce Cooper, City of Sebastian James E. Chandler, County Administrator Terry O'Brien, Assistant County Attorney Robert M. Keating, AICP, Community Development Director Terry Cook, Road and Bridge Superintendent Roger D..~ain, P.E., County Engineer Robert Zaitooni, P.E., Traffic Engineer Terry Pinto, Utilities Services Director C: \WP 51 \ DATA9 3 \G IBSON. JUN [FILE SE. l%7.~SH & ToRPY. P~ ATTOR39'EY$ AT LAW 030 $. HARBOR (DITY BLVD. S~TE 505 ~/i]~LBOUKNE. ~0RIDA 32001 (407) 984-3300 FAX (407) 951-3741 · Bo,~,~w OER'fl~mD x~ July 6, 1993 Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Resolution R-93-30 Dear Bruce: I have reviewed Resolution R-93-30 regarding the application for a special use permit submitted by Carl Julian. I have only made minor amendments to the Resolution itself and would request that you have your staff place these amendments within the Resolution. I have not had it retyped by my staff due to the fact that you have it on your word processor. Of greater concern, however, is the June 4, 1993 letter from United States Department of Interior. In his letter, Mr. Ferrell, the Field Supervisor, is clearly putting Mr. Julian on notice of the potential "take" of Scrub Jay habitat. Further, he is also putting Mr. Julian on notice that the area may be considered a Savannah wetland. As you are well aware, issuance of a special use permit on this property could result in liability to the City of Sebastian if the subsequent mulching operation does constitute a "take" of Scrub Jay habitat. Unfortunately, I do not see any correspondence in the package of information that was forwarded to me which addresses this issue. I strongly suggest that the City address this issue prior to issuing a special use permit for this purpose. It is my suggestion that the City require the applicant to obtain the necessary permits/permission from the Department of Interior prior to proceeding forward with issuance of a special use permit. Mr. Bruce Cooper City of Sebastian July 6, 1993 Page -2- If you have any questions regarding this matte~, please let me know. Sincerely, Richard E. Torpy RET/lb Enclosure United States Department of the Interior FISH ANI) WILI)I.IFE SERVICE P.O. BOX 2676 VERO BEACH, FLORIDA 32961-2676 June 4, 1993 Carl Julian c/o Peter Jones 1927 U.S. Hwy 1 Sebastian, FL 32958 Dear Mr. Julian: It has come to my attention that you are planning an incinerator and mulching activities on a 312 acre parcel in Sebastian, Indian River County, FL. The implementation of this project may impact the federally threatened Florida scrub jay (Aphelocoma coeru!esce.ns coerulescens). Also of concern is a Savannah wetland on the property. This is a unique type of wetland and may be the only one of its kind in Indian River County. The Service has not seen any plans for your project and have, therefore, been unable to evaluate the possible impacts to the scrub jay. We would suggest a thorough survey of the site do determine scrub jay usage of the area. .~ The Florida scrub jay is protected by the Endangered Species Act of 1973 (Act), and by regulation published in the Code of Federal Regulations. Under the Act, there is a section that protects endangered and threatened species from human impacts. This section, entitled" Illegal Acts", prohibits the "take" of endangered or threatened species. Take is defined to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Harass is defined as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Harm is further defined as an act which actually kills or injures wildlife. It is the Service's position that destruction of scrub habitat will significantly affect this species. Therefore, any activity that destroys scrub occupied by scrub jays may violate the Act. As a landowner, you are responsible to ensure that actions carried out on your property are not harmful to scrub habitat or the listed species it supports. Although this may appear to be a burden, there is a procedure to resolve this conflict. Under the Act, there are two ways private landowners wishing to develop their land can legally "take" a threatened or endangered species, like the scrub jay. The first is through Section 7 of the Act, which is used if any Federal permit, authorization, or funding is received to develop the property. In some cases, this involves a permit for wetland fill by the U.S. Army Corps of Engineers, loans through the Federal Housing Administration, or any other similar Federal action. The second alternative is described in Section 10(a) of the Act. In this instance, a permit authorizing "take" can be issued by the Service, provided the applicant accomplishes appropriate conservation measures for habitat protection prior to development activity. The City of Sebastian has been invited to join Brevard County in the formulation of an HCP, but has declined. The conservation measures are outlined in a document called a Habitat Conservation Plan (HCP), which is a mandatory component of any Section 10 permit for taking. An HCP must show that 1) the taking is incidental, 2) impacts to the species will be held to a minimum and unavoidable impacts mitigated, 3) there must be adequate funding for the plan, 4) the taking will not jeopardize the continued existence of the species, and 5) other site specific needs that may develop on a case by case basis. Scrub jay nesting has been well documented in Sebastian. Conservation measures are necessary to protect the Florida scrub jay from the possibility of extinction. Because the birds are so dependent on this type of habitat, adequate scrub must be protected to ensure the species Iong4erm survival. Scrub jays require 25 or more acres of contiguous scrub habitat per family unit. It is desirable to have tracts of 100 acres or more to form small population units. If you have sought Federal permits, authorization or funding and if you have any questions or require more information please contact Jane Tutton of this office at (407)562-3909. Impacts to the Savannah wetland area on the property may require an Army Corps of Engineers permit. If no Federal action is involved, please contact Dawn Zattau of our Jacksonville Office at (904)232-2580 for guidance on Habitat Conservation Plans. Sincerely Yours, David L. Ferrell Field Supervisor CC: FWS, Atlanta, GA FWS, Jacksonville, FL COE, Vero Beach, FL EPA, Atlanta, GA FGFWFC, Veto Beach Indian River County, Veto Beach, FL (Roland Deblois) Sebastian City Council RESOLUTION NO.: R--93-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHINGAND RECYCLING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 50 ACRES IN SIZE LOCATED NORTHWEST OF MAIN STREET, NORTHEAST OF THE SEBASTIAN MUNICIPAL AIRPORT, AND SOUTHWEST OF U.S. HIGHWAY 1, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CIT~ OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT.EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carl Julian - Trustee, ("Applicant"), has applied for the issuance of a special use permit for the operation of a mulching and recycling facility on a tract of land which is located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant, and his representative, have participated in various pre-application discussions with appropriate members of the City staff; and WHEREAS, the City staff has determined that the Applicant's application for a special use permit should be approved subject to certain conditions; and WHEREAS, the City Council has considered the recommendations and comments of City staff; and WHEREAS, the City Council has conducted a public hearing in compliance with the provisions of Section 20A-2.6(D) of the Land Development Code of the City of Sebastian to afford the input of comments and evidence from all interested persons, citizens and affected persons; and WHEREAS, the City Council has determined that the granting of the special use permit to the Applicant will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the Applicant's property that is the subject of the special use permit is located, and will reduce the use of the Indian River County landfill for disposal of land clearing materials; and WHEREAS, the City Council has determined that the use requested by the Applicant, that is, the operation of a mulching facility, is consistent with the purpose and intent of the zoning district where the Applicant's property that is the subject of the special use permit is located and is similar in nature and compatible with the uses allowed in that zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. SPECIAL USE PERMIT. The application for the issuance of a special use permit for the operation of a mulching facility submitted bY Carl Julian - Trustee, consisting of approximately 50 acres within the 312 acre real property located northwest of Main Street, northeast of the Sebastian Municipal Airport, and southwest of U.S. Highway 1, in the City of Sebastian, Indian River County, Florida, being more particularly described as follows: See Exhibit "A" attached hereto. 2 is granted, subject to the requirements and conditions contained in this Resolution. Section 2. SPECIAL USE PERMIT. CONDITIONS OF APPROVAL AND CONTINUATION OF THE The approval of the City Council of the application of the Applicant for a special use permit that is the subject matter of this Resolution and the continuation of such special use permit until its expiration (as provided for in Section 3 of this Resolution) is conditioned on the continuous satisfaction of, and compliance with, the following requirements by the Applicant or his successors and assigns: 1. Compliance with the provisions of all applicable federal and Florida statutes, rules and regulations, Indian River County ordinances and the ordinances and resolutions of the City of Sebastian, including, but not by way of limitation, all sections of the Land Development Code of the City of Sebastian. 2. Securing all required permits from the state, federal, county and city agencies and departments. 3. Utilizing Gibson Street for all vehicular traffic associated with the mulching facility. 4. Obtaining and maintaining an occupational license from the City for the mulching facility. 5. Ail operations, equipment and storage shall maintain a minimum 300 feet setback from any property line. 6. The hours of operation including any associated truck traffic shall be between the hours of 7:00 a.m. and 7:00 p.m. 3 U. S. Fish and Wildlife Service regarding this operation relation to any protected species. Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special Use permit granted to the Applicant pursuant to this Resolution shall expire on such date that the subject property ceases to be used primarily as a mulching facility or on the two year anniversary of the granting of the special use permit pursuant to this Resolution, whichever date first occurs. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Sectio.~.5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~ EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by The applicant shall provide a letter of approval from in 4 Council Member vote, the vote was a follows: and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Robert J. Freeland Council Member Norma J. Damp The Mayor thereupon declared this Resolution duly passed and adopted on this day of , 1993. CITY OF SEBASTIAN, FLORIDA Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) i HEREBY CERTIFY that notice of public hearing on this Resolution was published in the Vero Beach Press Journal as required by Section 20A-2.6 D.1 of the Land Development Code of the City of Sebastian, Florida, that one public hearing was held on this Resolution at 7:00 p.m. on the day of , 1993, and that following said public hearing this Resolution was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 6 EXhiBIT "A~ Pa~e ~e PARCEL I: /Tact C ~ ~:hat portion of Tract D st~o~ on the RE~)LAT OF SCHOOL PAPJ', SUBDIVISION, a_~ recorded in Plat Book 2, page 29, Public Recolx~s of Indian River County, Florlda, wh/ch lies Northerly of the cexlter line of t3~e sectlon of Main Street which connects Main Street as shown on the sadd REPLAT OF SCHOOL' PARK SUBDMSION, with Main Street a~ sho~a] on the plat of SEBASTIAN GARDENS SUBDMSION, as recorded in Plat Book 5, page 58, Public Records of Indian River County, Florida; LESS AND .-hose certain parcels as set forth in Deeds recorded tl'~ Off/cia/ Record Book 866, Page 2260 and Official Record Book 866, Page 2264, of the Public Records of IndianRlverCounty, Florida, and described as PARCEL 7: All of the following described strip of land lying East of Range 38 East ~u~ North of the existir~ Main Street right-of-way. A strip of land lying 40.00 fee~:-o~,each side of the fo/lowing described line. Commence at a concrete monument at the Nor~'~est corner of Lot 6, Block 8, Replat of School Park.~d/vi~tc~; ~ce N OO'18'41" W at a rlght angle to t]~ North line of said Block 5, 40.00 feet to ~ ra/lro~d ~pike beipg the Point of Begt3uLfng; thence ~ 89'4~'1~" W a distance of 31.54 feet to a railroad ~plke marking a point of curvature; thence alo~ ~ arc of a curv~ to the left having & delta of 25'17'53" a radius of 402.98 feet an arc length of 177.99 feet to a railroad ~pike marki~ ~%e point of tang&ney; thence S 64'~$'~6" W a dlstm~ce of 134.85 feet to a point of curvature; thence along the arc of a curve to ~ left lmvi~ a delta of 6'00'00" a radius of 2000.00 feet ~n arc distance of 209.44 feet to a point of reverse curvature; thence continue along th& arc of a curv~ to the right l%aving a delta .of 12'00'00" a r~dtus of 2000.00 feet sn ~u~c distance-of 418.08 feet to a point of reverse curva~e; tt~_nce cc,%tissue along ~]%e ~rc of a curv~ to the left having a delta of 6'00'00" a radius of 2000.00 feet mi arc distance of 209.44 feet to a rebar a~ cap stamped LB #4644 mark/rig a point of compound curva~: thence continue along ~ arc of a curve to the left having a delta of ~9'32'59" a radius of 690,00 feet an arc distils of 235.43 feet to a railroad spike m~-kt~ ~m point of t~; ~ence S44'50'2~" W a distance of ~3.48 feet to a rallro~d spike bein~ the ~i~ point of said description. It is ~ intent ~mt ~m side lir~ of said strip are to be lengtl~_ned or shortened to termirmto at ~ Weet line o£ s~id Sebastian ~arde~ Subiivisi~. EXI~BIT Ps~e TWo PARCEL 12..:. Being a portion of Tract "D", Replat of Scl%ool Park Su~]'tvlslon as recorded tn Plat Book 1, Page 29, Public R~cords Indian River Oa~lty, Florida, being more fully described as follows: C~m~ence at a concrete monument et tJ~ Nort3z~t cor~r of Lot 6, Block 5, Replat of School Park Subdivision; thence N OO'18'41" H at a right angle to the North line of ~aid Block 5, 80.00 feet to th~ South ltn~ of ~ct "B", Replat of S~i ~k ~v~; ~n~ S distance of 31.54 f~t to ~ ~t of ~~I~; U~e c~ttnue $ 89'41'19" W a d~st~ce of 179,96 feet to S~'~t co~r of ~d ~act "B"; thence S 22'25'07" E a d~st~e of 35.19 feet to ~ Nor~ rlght~f~y 1t~ of t~ pro~ ~tn Street allg~; t~e Nort~kerly on ~ld l~, the right ~vi~ a ra~ of 442.98 feet, ~ delta of 22'06'26" for ~ ~c dlst~ of 170.9~ feet ~ to ~ Point of PARCEL 14: Being a portion of Tract "0"-and-,~rract "D", Replat of School Park Subdivision as recorded in Plat ~ l, ~e 29, ~ltc ~co~ of C~,mencing at a concrete monument et the NortJ~t cor;~r of Lot 6, Block 5, Rsplat of School Park S'ub~tvl$ion; theuc~ N OO'~8'41" W at to the North line of $~dd Block ~, 80.00 feet to th~ North right-of-way line of the proposed Main Street direction Oll sa/d right-of-ways, line &lo~ the arc of a curv~ hav~ng a rsdlu~ of 442.98 feet, a delta of 22'06'26", for an arc distance of 170.92 feet to the Point of Beginn~; thence continue ~lon~ tho a/'c of a curve to the left hav~ng m radiue of 442.98 feet, a deltm of 3'~i'27", for mn arc distance of 24.$? feet to distance of 4§.02 feet; thence, leaving eatd right-of-way lir~, run N O'16'13" W ~ a 1~ ~llel to ~ 50,~ fee~ ~t of ~ ~ 1~ o ~c~ "B", ~18~ of ~1 ~k ~v~s~, 193.45 f~et ~o a ~nk of ~~; ~ ~tJ~ ~ ~ ~C of a ~ to the left ~vi~ a r~i~ of 2~.~ f~t, a del~ of 42'52'37" for of 99.70 f~t ~o a ~nt of ~~e~ ~nce ~rly ~ ~o ~ right ~v~ a ~ of 340.~ feet, an ~ ~s~e of 43.32 f~t ~o a ~lnt ~ ~ ~t lil~ of ~td ~act "B"; ~ S 0'16'13" E a]o~ ~ld ~t 1~ a S 22'25'07" E a ~t~ of 35.19 f~t to ~ I~r~ rlght~f~y 1~ of ~ p~~ ~ St~k ~i~t ~ ~ Point of E~U~B IT "A" l~g~ Thr~ Lot 1 and Lot 2, A. A. BERRY'S SUBDIVISION, mccordtr~ to tl~e plat thereof fi]ed tn the Office of the Clerk of the Circtdt Cotzrt of St. Lucre Cc~tn~, Flor~da~ ~r~ Plati ~ok 2, page 14, ma_id lmn~ nc~ situate, lying end belr~ in Indian P~iv~r Count-y, FlorAda~ Lots 8, 9, 18, Ig, lem~ the Nor~t 20 feet of ~aSd Lot 1'9, Lotto 20, 21, ".2, 23, 24, 25, 26, 29, 30, 3~, 32, 33, 34, 35, 36, 37, 3~, 39, 40, 4[, 42, 43, 44, 45, 46, 47, 50, 6~, 52, 53, 54, 55, '58, 5g ~d 60, mi1 in ~tlon 30, ~ ~, mcco~ to ~ plat ~~ ~ ~n ~e Office o~ the Clerk of the Cir~t ~t of St. ~ge 175, ~td Florl~; Tracts A, B, C, that portion of ~Vrac~ D_lyiz~; North of M~ln Street, Tracts E, F. G, }{, I and J; Lots 1 throu~ 3, ingluslv~, Block 3; Lots ! through 13, ~nclusiv~, Block 8; Lots ! ~h g, lncltt~vu, Block 9; Lots ! tJu~ 6, inclusive, Block 10; Lots 1 throu~l lO, tncltl~lVe, Block 11; Lots 1 th~ 10, Inclusive, Block 19_, ar~ Lots 1 su~d 2, Block A, all in SEB~%~rIAN GARDE}~S, a 6u~xltvt~lon accordl]~; to the plat thereof filed in the Offic. of the Clerk of the 'Circu/t Court of I~lian R/rut County, Florida, in Plat Book 8, page §8; ~mt p~rt of ~'z-act E as met forth in Deed recorded tn of~/cial Record Book 8G6, Pag~ 2260, of the Public Recoz~18 of I~JItu~ R_iv.z' County, Florida, described as follo~: ' A/1 of that portion of Tract E, acoordl;~; to tI~ Plat of Sebastian Gardene as r~corded in Plat Book §, l~e 58, Public Records of I.~dJ~ R/v~r county, Florida, lyin~ within, th~ following described strip of land. A strip of land 1ytr~; 40.OO feet on each% side of tbs roll.yAng described lh~. I E;~[IBIT "A" . aslo~, thence N O0 18 41 W at a' right angle to ruj~.l~ o.~ ~..lx~%l~f .~ S 89'41~19'' W a diet,ce of ~~; ~.al~ ~ ~c of a ~ to ~ left 6.~'~" a ~i~ of 2~.~ f~ ~ ~c die,ce of 209.44'f~ or a ~ to ~ ~ef~ ~v~ ~ ~ of 6'00'00" a ~ of 20~.~ · ne ~eft ~v~ a ~ of ~9'32'59" a ~ of 090.00 f~t ~ ~c d~et~ of 235.43 f~t to a ~l~ ~ ~~ ~ ~n~ of t~e S 44'50'27" W a ~atm of 63.48 f~t to a ~lr~ ~d ~trip ~ to ~ 1~~ s~rt~ to te~mte at PARDgL V~ Ro~el~ Satellite Field, Tract 4, ~s filed tn Official Record Book 77. page 530, Ind.t~ RAver County, Florida, Public Recorde, ,pre pertt~arly described as follo~ Begir~ at the East corner of ~ecttcli 29 of the Flemit~; Orant, m ~ 4~ ~ ~ ~t~ ~ ~~ ~st for a dls~ of 1,706.27 f~t ~o a ~lnt; ~ ~r~ 44 ~ 2~ ~t~ 68 ~e~ ~ot for a Dts~ of 1,137.85 f~t to a ~t; ~ ~r~ 01 d~ ~4 ~nut~ 57 s~ ~t for a ~e~ of 963.48 f~t to a ~t; ~ I.]or~, 45 ~~ 09 ~mt~ ~ ~ ~t for a ~e~ of 1,009.32 feot to a ~; ~e S~U~ 44 ~~ 25 ~t~ 58 s~ ~t for a dleto~o of ~,797.25 feet to ~ ~t of ~~, All lyt~ and b~lng in Irdt~m River Oom~ty, Florida. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCiL REGULAR MEETING WEDNESDAY, JUNE 23, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFO~~ON ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Powell called the regular meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Henk Toussaint, St. Sebastian Catholic Church. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow (excused 7:08 p.m.) Golf Course Pro/Manager, Joseph O'Rourke City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting June 23, 1993 Page Two 93.122 AGEI~MODIFICA~ON~ ~ AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Mayor Powell requested that the budget amendment be postponed due to receipt of revisions today. The City Manager responded that the next regular meeting will be July 14, 1993 and concurred that it' could legally be deferred to that time. It was the consensus of City Council to defer to July 14, 1993. 6. PROCLAN~TIONS AND/OR ANNOUNCF2!ENTS Mrs. Damp said the June Economic Development Council meeting has been rescheduled to July 27, 1993. 7. pUBLIC HEARING. ~_!NAL ACTION ORDINANCE NO.~ 0-93-12 - cemetery Regulations (City Clerk Transmittal dated 6/17/93, 0-93-12) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT SITES; AMENDING SECTION 34-8 PERTAINING TO EASEMENTS ALONG INTERMENT SITES; AMENDING SECTION 34-9 PERTAINING TO PAUPERS' INTERMENT; AMENDING SECTION 34-10 PERTAINING TO FEE FOR OPENING AND CLOSING INTERMENT SITES OTHER THAN DURING WORKING HOURS; AMENDING SECTION 34-11 PERTAINING TO INTERMENT SITE PRICES; AMENDING SECTION 34-13 PERTAINING TO SALE OF INTERMENT SITES; AMENDING SECTION 34-14 PERTAINING TO APPROVAL OF WORK ON INTERMENT SITES; AMENDING SECTION 34-15 PERTAINING TO VAULT OR GRAVE LINER REQUIREMENT; AMENDING SECTION 34-16 PERTAINING TO INTERMENT REGULATIONS; DELETING EXISTING SECTION 34-17 PERTAINING TO PROHIBITION OF ABOVE GROUND INTERMENTS; ADDING A NEW SECTION 34-17 PERTAINING TO URN SIZE REQUIREMENTS; AMENDING SECTION 34-18 PERTAINING TO INTERMENT SITE MARKERS; AMENDING SECTION 34-19 PERTAINING TO ARTIFICIAL AND FRESH FLOWERS; AMENDING SECTION 34-21 PERTAINING TO PRUNING AND REMOVAL OF Regular City Council Meeting June 23, 1993 Page Three VEGETATION; AMENDING SECTION 34-22 PERTAINING TO PROHIBITION OF ENCLOSURES AND MOUNDS; AMENDING SECTION 34-24 PERTAINING TO LIABILITY; AMENDING SECTION 34-26 PERTAINING TO PROCEDURES FOR RULE VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO DEPTH OF STANDARD IN-GROUND INTERMENT SITES; AMENDING SECTION 34-56 PERTAiNiNG TO VEHICLES ON PLATTED IN- GROUND INTERMENT SITES; AMENDING SECTION 34-57 PERTAINING TO REMOVAL OF TENTS; AMENDING SECTION 34- 58 PERTAINING TO REMOVAL OF DIRT; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FORSEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/26/93, Advertised Legal Notices 6/9/93, Public Hearing and Adoption 6/23/93) Mayor Powell opened the public hearing at 7:07 p.m. The city Attorney read Ordinance No. O-93-12 by title only. The City Manager said this is a clean-up and addition of niches. Mayor Powell closed the public hearing at 7:08 p.m.. MOTION by Freeland/Oberbeck I move that we adopt Ordinance NOo 0-93-12 cemetery regulations. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 3 Regular City Council Meeting June 23, 1993 Page 93.175 B. 93.085 O_~ ~O. O-93-1] - Development Agreement (City Clerk [for City Attorney] Transmittal dated 6/17/93, O-93-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO DEVELOPMENT AGREEMENTS; AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADD A NEW ARTICLE VII; ADDING NEW SECTION 26-210 TO THE CODE OF ORDINANCES TO PROVIDE THE CiTY COUNCIL WITH THE AUTHORITY TO AUTHORIZE THE MAYOR OR CITY MANAGER TO ENTER INTO DEVELOPMENT AGREEMENTS ON BEHALF OF THE CiTY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/26/93, Advertised 6/9/93, Public Hearing and Adoption 6/23/93) Mayor Powell opened the public hearing at 7:09 p.m. The City Attorney read Ordinance No. 0-93-15 by title only. Mayor Powell closed the hearing at 7:09 p.m. MOTION by Oberbeck/Corum I would move for adoption of Ordinance No. 0-93- 15, development agreement. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Sebastian Lakes - Continuation of Public Hearing to Consider Termination of Conceptual Plan and Rezonlng (Director of Community Development Transmittal dated 6/17/93) Mayor Powell opened the public hearing at 7:11 p.m. 4 Regular City Council Meeting June 23, 1993 Page Five Barbara Hall, Greenberg - Traurig, representing Sebastian Lakes, noted City Council's receipt of the Hartman utility report, stated that representatives of St. Paul Corporation have met and discussed with staff their intention to pursue tie-in with the Indian River County wastewater system, stated that permitting for Laconia has begun through St. John's and requested a time extension until July 28, 1993 to allow them to work with Indian River County. Ms. Hall noted that she has developed an outline and submitted it to staff. The Director of Community Development concurred with and justified the requested extension. Mayor Powell closed the public hearing at 7:21 p.m. City Council discussion on the request followed. The Director of Community Development said the outline will be copied to City Council tomorrow. MOTION by Oberbeck/Freeland I would move that we extend the Sebastian Lakes PUD plan discussion until 7/28/93. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 93.189/ 93.011 ~ NO. ~-9~-28 - Golf Course Rates (City Manager Transmittal dated 6/17/93, R-93-28) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-40 PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Advertised Legal Notices 6/16/93, Posted Golf Course, Public Hearing and Adoption 6/23/93) Mayor Powell opened the public hearing at 7:28 p.m. The City Attorney read Resolution No. R-93-28 by title only. 5 Regular City Council Meeting June 23, 1993 Page Six The City Manager explained the amendment. Being no input, Mayor Powell closed the hearing at 7:30 p.m. City Council discussion on the resolution followed. Mr. Freeland said he'd asked previously that staff speak to the membership prior to any rate increase. Mayor Powell suggested that the tape of that meeting be reviewed and that staff speak to the membership should this go through. Mrs. Damp questioned whether City Council doesn't bear some responsibility for decrease in Golf Course revenues. TheGolf Course Pro/Manager addressed City Council. He said there are plans to meet with membership prior to the next fiscal year budget review. The City Manager said it was his understanding that this resolution was to go forward tonight and that increases for fiscal year 93/94 would be presented to the membership. MOTION by Oberbeck/Freeland I move that we adopt Resolution No. R-93-28 cart rates. Mr. Freeland reported on his review of Golf Course finances last year. TAPE I - SIDE II (7:47 p.m.) Mrs. Damp asked why rates are lower now than they were in past years and suggested an increase. The City Manager advised that rates can not be increased tonight without readvertising for a continued rate hearing. ROLL CALL: Mr. Freeland - nay Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 4-1 (Freeland - nay) Regular city Council Meeting June 23, 1993 Page Seven CONSENT AGENDA All items on the consent agenda are considered to be routine a~d will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 6/9/93 Regular Meeting, 6/16/93 Special Meeting w/Code Enforcement Board, 6/16/93 Special Meeting - Price Airport Lease 93.122 RESOLUTION NO. ~-93-17 - Cemeter~ Rates (City Clerk Transmittal dated 6/17/93, R-93-17) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO CEMETERY RATES; ESTABLISHING NEW RATES FOR THE SALE OF IN-GROUND INTERMENT SITES IN THE MUNICIPAL CEMETERY; ESTABLISHING NEW RATES FOR THE SALE OF NICHES IN THE MUNICIPAL CEMETERY; DESCRIBING THE SERVICES PROVIDED AND THE FEES CHARGED; ESTABLISHING RATES FOR CREMATION INTERMENTS AND CORNER MARKERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 93.198 93.199 Receive Code Enforcement Order No. 93-8038 - Patton (Order) McQuillen Wedding Reception - Request A/B Community Center - 8/7/93 - 5 pm to 11 pm - Security Paid - Permittee DOB 11/6/62 (city Clerk Transmittal dated 6/7/93, Application) The city Manager read the consent agenda in its entirety. Mrs. Corum removed item C. MOTION by Oberbeck/Corum I would move that we approve items A, B, and D of the consent agenda. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Regular city Council Meeting June 23, 1993 Page Eight Item C - Receive Code Enforcement Order No. 93-8038 Mrs. Corum inquired about the violation and the Director of Community Development explained it. MOTION by Corum/Oberbeck I move to approve item C of the consent agenda. VOICE VOTE on the motion carried 5-0. PRESENTATIONS None. Mayor Powell called recess at 7:56 p.m. and reconvened the meeting at 8:10 p.m. Ail members were present. 10. MAYOR ~ CITY COUNCIL MATTERS A. Mr. Robert Freeland Mr. Freeland 1) inquired about the request to GDC for half the funds for property taxes and the City Manager responded that he'd been informed the check is in the mail; 2) inquired about the Police station air quality to which the Director of Community Development responded; 3) suggested the need for Code Enforcement Board membership alternates to which the city Attorney advised that this can be added to the proposed ordinance and it was the consensus of City Council to direct the City Attorney to add the alternates; 4) stated that the bikepath on Fleming is ugly; and 5) with the consensus of City Council, had the budget workshops rescheduled for August 7th and 8th if needed. B. Mayor Lonnie R. ~ Mayor Powell 1) discussed public comments made blaming City Council'for Police Station air quality problems; 2) concurred that the bikepath on Fleming is ugly and requested that the City Engineer check it out; 3) commented on the 4th of July poster which reads incorrectly relative to sponsorship; and 4) discussed financial statements and need for information on city finances. Regular City Council Meeting June 23, 1993 Page Nine C. V~ce-Mayor Frank~ Mr. Oberbeck 1) commented on the Police Station; 2) said he'd like to see a survey done by the City Clerk's office on the citation system throughout the state and have a report brought back to City Council; 3) said he'd like to see copies of all city checks and check registers; and 4) commented that Hardee Park looks devastated, to which the Director of Community Development and the City Engineer responded. D. Mrs. ~ Corum A1 Vilardi, 445 Georgia Boulevard, addressed City council on the issue of scrub jays. Mrs. Corum 1) suggested that weeds be allowed to grow in Hardee Park to benefit wildlife; 2) suggested that a letter be sent to the county to obtain tourist tax dollars; 3) suggested the drafting of a plan to pave Golf Course cart paths; 4) suggested shade trees be planted at Riverview Park to shade the playground and boardwalk areas; TAPE II - SIDE I (8:50 p.m.) 5) suggested ceasing development in the recently annexed Sebastian Grove Holdings until infrastructure is in place; 6) suggested maps be made of all city properties; 7) suggested that the signs at the Creative Playground asking people not to do certain things be consolidated on one small sign and advised that equipment is broken; 8) said she feels it is a waste to mow the land south of the Barber Street Sports Complex; 9) said the city should consider revising the 10 inch grass limit; and 10) said she'd attended a barbecue at the Golf Course and suggested that an overhang be constructed. 93.200 "ForGet the Florida Scrub Jays" fcor~m ~ dated Mrs. Corum read her report to City Council (see attached) and reiterated her desire to see implementation of a habitat conservation plan. It was suggested that Mrs. Corum develop a plan and Mrs. Corem suggested that a committee be formed. The Director of Community Development stated that staff has not drafted a habitat conservation plan because City Council has not directed staff to do so. Regular city Council Meeting June 23, 1993 Page Ten Mrs. Corum sought direction from City Council to begin to implement a plan. Mayor Powell again asked if anyone had considered using the Golf Course for habitat and the Director of Community Development responded that he would report on that. Mr. Oberbeck excused 9:18 p.m. to 9:20 p.m. E. Mrs. Norma Damp Mrs. Damp 1) asked if she could make a map of the property the city had acquired from GDC and the City Manager said he had one available for her use; 2) inquired whether there was city property available for'shuffle board and bocci ball courts; 3) inquired about progress on the Yacht Club dock to which the City Engineer responded there will be an item on the July workshop. 11. CIT~ ATTORNF~ MATTERS The City Attorney said he will not attend the July 7, 1993 workshop, however, Attorney Torpy will attend. 93.201 A. Proposed OrdinanGe ~e: CATV Utilities (No BackuD~ The City Attorney explained the proposed ordinance to change provisions of the utility chapter to charge an application fee for all utility rate increases, advised that any action be postponed due to a recently released FCC announcement on cable TV and requested review and future direction from City Council on who it wants to advise it on cable TV regulations. Mrs. Corum suggested that City Council look into an amendment to the cable franchise. 12. CITY MANAGER MATTERS The City Manager requested that the bids for the Barber Street Sports Complex be placed on the July 7, 1993 workshop agenda for action. City Council concurred. The City Manager said he will work with the Over-55 league to find them a site. The City Manager said he will be on vacation from June 24th through July 6th. He assured Mr. Oberbeck that although it will not make the July workshop, he will address check signatories at a later date. 10 Regular City Council Meeting June 23, 1993 Page Eleven 13. ~ REPOR~RECO~END/%TIONS A. Code Enforcement Board 93.174 1. e~9~_O_~1~~~ to Code Enforcement Board ~ Three Year ~ tO ~ 6/96 (city Clerk Transmittal dated 6~17/93,, Applications} Mrs. Corum asked what position Mr. Nicolini fills and requested that this be indicated in the future. TAPE II - SIDE II (9:37 p.m.) MOTION by Freeland/Corum I move to reappoint Mr. Louis Ni¢olini to the Code Enforcement Board to a second three year term to expire 6/96. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 B. Construction Licensinq Board 93.202 Acoept Resignation 9.f Dennis /D_~e_c_~9~of~A~_~2~yDeveloDment Transmittal dated ~ ~ Letter dated 5131193) MOTION by Oberbeck/Damp I move to accept the resignation of Dennis Dernbach from the Construction Licensing Board. VOICE VOTE on the motion carried 5-0 14. None. 11 Regular City Council Meeting June 23, 1993 Page Twelve 93.203 93.204 16. A. ~_~N0. R-93-29 - BUdget Amen0Jment (Backup Under Separate Cover) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. This item was previously deferred to July 14, 1993. WaSve ~ ~rocedure ~ ADprove Purcha~ of Twenty Park Benches m ~ Inc. ~4,~28.00 (City Enuineer Transmittal dated 6/16/93. Ouote and Palm Beach ~ A~reement) The City Engineer recommended that the item be deferred, suggested that staff construct the benches itself and said he'd report back. City Council concurred. INTRODUCTION OP NEW ~ ~X THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) George Schum, Sebastian, discussed the Community Coach program, urged citizen use and noted location of schedules. He invited the Mayor and City Council to have pictures taken with the bus on June 30th at 11:20 a.m. at the Sebastian Sun building to promote its use. 12 4 Regular City Council Meeting June 23, 1993 Page Thirteen 17. Mr. Oberbeck inquired about a motion from the June 9, 1993 meeting relative to appointment of Handicapped Self-Evaluation Committee members. MOTION by Oberbeck/Freeland I would move that we address item B, the Handicapped Self-Evaluation Committee elections of the June 9th minutes. VOICE VOTE on the motion carried 5-0. MOTION by Damp/Oberbeck I make a motion that we have Mr. Kanfoush, Edra Young, Susan Nalepa to be appointed for three years to the Handicapped Self-Evaluation Committee and that Bea Thibault and Harry DiSalvio be appointed for two years to the Handicapped Self-Evaluation Committee. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Being no further business, Mayor Powell adjourned the regular meeting at 9:52 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 13 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNF_~DAY, 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. Mayor Powell called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Manager, Robert McClary Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper city Engineer/PW Director, Dan Eckis Utilities Director, Richard Votapka City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City Council Workshop July 7, 1993 Page Two 93.205 93.206 93.207 93.208 ~GENDA MODIFICATIONS Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Mr. Freeland requested to place an item relative to the City Manager's contract under his matters. Mrs. Corum said she would not be ready to vote at a workshop without backup. The item was not placed on the agenda. 5. ANNOUNCEMENTS None. 6. 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) Bid Award - Barber Street Sports Complex - Fencing - Patriot Fence Company - $9,366.00 (City Engineer Transmittal dated 6/28/93, Bid Tabulation) Bid Award - Barber Street Sports Complex - Electrical - Neuberger Electric - $6,847.00 (city Engineer Transmittal 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) The City Manager read the consent agenda in its entirety. City Council Workshop July 7, 1993 Page Three Mrs. Corum removed items A and B; Mayor Powell and Mr. Oberbeck removed item B; and Mr. Freeland removed all items. Item A : Bid ~ m Barber Street SDorts ~ Site Preparation ~ Nenry ~ R ~ ~ $112,500.00 Mrs. Corum inquired why staff is not recommending the low bid and said that City Council should consider the way the new bikepaths appear. The City Engineer explained his recommendation to award the bid to Fischer and Sons, Inc. MOTION by Corum/Oberbeck I move we approve item A of the consent agenda. ROLL CALL: Mr. Oberbeck- aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Ite~ ~ ~ Bid Awar~ : Barber Street S_ports Complex Fencin~ : Patriot Fence Company ~ $9,366.00 Mrs. Corum inquired whether everyone awarded a bid has to be licensed in the city and suggested the item not be approved until the company is licensed. A discussion followed on the legality of awarding a bid to a company that does not hold a license in the city and it was suggested that the item be postponed until this can be done. MOTION by Oberbeck/Corum i would move to defer this item until the July 28, 1993 meeting. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 3 City Council Workshop July 7, 1993 Page Four Item ~ : B$~ Award : Barber Street ~ Complex ~ ~J~ : Neuberqer ~!ec%ric ~ ~ Item ~ ~ Bid Award ~ Barber street ~ g~ ~ Irr~qat~on a Un,ted Irri~at~oD ~ ~ Mr. Freeland expressed concern for overspending in this year's budget. MOTION by Freeland/Oberbeck I move to approve items C and D. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr~ Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 7. MAYOR AND CIFY COUNCI~MATTERS A. Mayor Lonnie R. Powell Mayor Powell 1) said money needs to be spent for recreation for the city's youth; 2) said he would not attend the next City Council meeting; and 3) commended the 4th of July committee and city staff. B. Vice-Mayor ~ ~ Mr. Oberbeck 1) commended the 4th of July committee; 2) discussed the current ordinance which does not allow the use of adjoining residential properties for parking, etc. and recommended staff review. The Director of Community Development responded that a vacant lot must have a principal use to allow accessory uses, however, said the code could be amended. It was the consensus of City Council to have staff look into it. Mr. Oberbeck 3) said check registers had been submitted to City Council as requested; 4) said he hoped staff would respond to Mr. Maggart's letter and submitted the letter to the City Clerk. 4 City Council Workshop July 7, 1993 Page Five C. MrS. Carolyn CoTum Keith Miller, 961 Riviera Avenue, Sebastian, objected to the franchise fee. A1 Vilardi, 445 Georgian Boulevard, Sebastian, objected to the approval of Barber Street Sports Complex bids prior to action on the revised'budget. The City Manager responded. 93.209 ~ TV yranchise (Code of Ordinances Article IV ~ Yranchise~) Mrs. Corum discussed looking into other cable TV franchises, adding service standards, adjusting rates by resolution, and auditing the franchisee. 93.054 2. Police Statio~ ~ Rec~uest Calendar of Even~ ~ History (No BackuD~ Mrs. Corum requested City Council input on steps to take to alleviate the air quality problem. TAPE I - SIDE II (7:47 p.m.) Mrs. Corum 1) said a staff member has been alleged to be acting in a rude, unprofessional manner and that she would request an investigation; and 2) read a letter from Congressman Bacchus regarding environmental matters. D. Mrs.. ~ Damp Mrs. Damp 1) complimented the 4th of July festivities; 2) cited the letter from Mr. Reardon relative to streets; 3) commended the City Engineer for his report to City Council and said she'd be happy to share it with the public; and 4) discussed the cable TV franchise relative to extensions and doing away with automatic renewals of franchises. Mayor Powell advised that people put their names on letters to city Council. City Council Workshop July 7, 1993 Page Six 93.064 10. E. Mr. Robert Freel~nd Mr. Freeland 1) said the item he had attempted to place on this agenda will carry to the next meeting; and 2) commended the City Engineer on his report. Mayor Powell called recess at 8:00 p.m. and reconvened the meeting at 8:14 p.m. Ail City Council members were present. Mayor Powell said, for the record, if the employee Mrs. Corum referred to is a charter officer, he would like to be informed and if it is a police officer or other union employee the City Manager and appropriate parties be informed. s. CITY ~~ATTERS None. 9. CITY ~ER F~?TERS The City Manager reported that since the City Council is now receiving check registers, Mr. Oberbeck has rescinded his request for a resolution relative to check signatories; asked that if there is a problem with an employee it be brought to his attention; and said that he is seeking employment elsewhere. He was then excused from the meeting by City Council. ae ~ Revised Qrdinance No. 0-93-06 = Tree protection = ~3rd Draft) z Per C_i~ Counc~ ~Fect~o~ St 5/5/93 Workshop (D~rector of ~ Development Transmitta~ dated 7/1/93. [5/5/93 council ~$ubmittedbv Citv Clerk]. Revised 0-93-06) The Director of Community Development explained the amendment and stated that chapter 13 must be amended to comply with this ordinance. Keith Miller, 961 Riviera Avenue, and Robert McCollum, 501 Durant Street, Sebastian, commented on the ordinance. Mrs. Damp inquired whether staff had considered putting in the six month inspection requirement. 6 city Council Workshop July 7, 1993 Page Seven A lengthy discussion followed on nuisance trees, tree credits, and tree requirements for lots. TAPE II - SIDE I (8:50 p.m.) Discussion continued. MOTION by Freeland/Corum "I make a motion that we have them take those two items out, that lot size thing (item f) as well as item g on credits." Motion was restated "i make a motion that the staff bring this back for a regular meeting with the changes as outlined 1, 2 & 3." Mayor Powell restated the motion "for staff to bring it back at the next regular meeting with the changes and they'll go...", and the Director of Community Development added, "to clarify those changes and to remove on page four item f to keep the same table that we have currently under code on page 28 or page five of the ordinance we will remove g an toto". Mayor Powell again restated the motion "to bring it back at the next regular meeting with revisions that Council has made up here tonight for approval and then set the public hearing and pass on to P and Z and all that". ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 4-1 (Corum - nay) 93.210 Bw Public Works DeDartmentlCit¥ Engineer - State of the DeDartment~ Enaineer Transmittal dated 7/1193. R.~port da~ 7/1/93) Mayor Powell commended the report and no action was necessary. Mrs. Corum suggested planting laurel oak trees rather than palm trees at the Creative Playground. City Council concurred. 7 City Council Workshop July 7, 1993 Page Eight 93.211 C. 93.212 Sebastian RSver Water Contro~ District ¢Citv Enaineer ~r_~ dated 6~3/93, ~arter Report bated 6/2/93) The City Engineer reported on the meeting with Sebastian Water Control District in Veto Beach at which they requested support from Sebastian and Veto Beach. City Council discussion followed and it concurred that staff would attend the meetings and report back. Coaklev = l=L~ar ~ ~ ~ ~ ~ ~~_e~Transmittal dated 6/14/93. Coak~ey better, Drawina) The City Engineer presented the request to City Council and discussion followed. Mr. Oberbeck stated that this is only a continuation of a side lot pipe. Mr. Freeland excused from 9:10 p.m. to 9:12 p.m. It was the consensus of City Council to direct staff to draft the appropriate documents to bring back for ~ formal approval. 93.119 Fey Reuuest for Wave Attenuator Extension - Yacht ClUb Pier m Review R$omar Re__~ C/~ n i~ ~ dated 6/3~93J ~ Letter dated 6/3/93) The City Engineer presented the request. Mr. Oberbeck inquired who was paying Riomar's costs, suggested that the applicant be required to pay the fee, inquired as to changes made by Riomar, suggested that there be insurance or a warranty from the applicant to alleviate costs to taxpayers and expressed concern for construction to benefit a private property owner. City Council discussion followed. MOTION by Oberbeck/Freeland "I would move that we proceed with the original plan on the attenuator for the distance that was approved at a prior meeting and that the money come from the boating fund." City Council Workshop July 7, 1993 Page Nine Mayor Powell restated the motion "to proceed with the original plan..." Mr. Oberbeck added "to deny the request of Richard Fey to extend the attenuator" Mayor Powell continued "and use the money we got from the county for the boat fund". Mr. Freeland concurred with the restated motion. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. coru~ - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 93.213 UtilStie.~ D_9~ m ~dditional Staf[ ~ProDosedJob Description (Utilities Director Transmittal dated 6/5/93. Memo da~e~ ~ Job Description) Mr. Oberbeck excused from 9:29 p.m. to 9:30 p.m. The Utilities Director justified the request for a utility service worker. City Council discussion followed. Mr. Freeland inquired about previous Council action to fund a position in Finance from the utilities budget. TAPE II - SIDE ii (9:37 p.m.) City Council discussion continued. Mrs. Corum noted that the City Manager had recommended a part-time position and suggested that City Council conduct a workshop to discuss water and sewer issues in the near future. The Utilities Director submitted a revised salary statement to City Council in the amount of $18,720 per year. Discussion on salary continued. MOTION by Damp/Freeland I make a motion that we approve hiring a Utilities Service Worker I for the salary of $18,720 a year. 9 City Council Workshop July 7, 1993 Page Ten 93.214 ROLL CALL: Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay Mayor Powell - aye MOTION CARRIED 3-2 (Oberbeck, Freeland - nay) The City Clerk noted that the job description will e brought back to City Council with a resolution for adoption. Water ~3_~ Connection A e_~ DetweeD CStY of Sebastian and ~ ~ 3_U~ Director Transmittal dated 6_~ City Attorney ~ dated 6 2~ ~ A ee~ The Utilities Director presented the proposed agreement to City Council and a brief discussion followed. Mr. Oberbeck recommended that paragraph five be amended to state that severance be required immediately when city water is in place. Discussion of mandatory water connection followed. It was the consensus of City Council to require connection within sixty days and staff was directed to bring the redrafted agreement back to City Council. 11. Being no further business, Mayor Powell adjourned the workshop at 10:05 p.m. Approved at the , 1993, City Council Meeting. L°nn~e R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk 10 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I AGENDA FORM SUBJECT: Utilities Service Worker I Job Description APPROVED FOR SUB~~ City Manager: ~ Agenda No. Dept. Origin Date Submitted For Agenda Of Utilities 7/8/93 7/14/93 Exhibits: Resolution R-93-32 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: The City Council at its July 7, 1993 Meeting approved the position of Utilities Service Worker I at a yearly salary of $18,720.00. Since this position is being created for the first time, the new job description for the classification of Utilities Service Worker I must be adopted for inclusion in the Standard Operating Procedures of the City. RECOMMENDED ACTION I request that Resolution R-93-32 be adopted by City Council. RESOLUTION NO. R-93-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES SERVICE WORKER I; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian City Council has determined that the Utilities Department has need for a service worker. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The job description for the classification of Utilities Service Worker I, attached hereto as Exhibit "A" is hereby adopted. SECTION ~ The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department h~ads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION 3. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effective immediately upon its adoption. The foregoing Councilmember by Councilmember a vote, the vote was as follows: Resolution was moved for adoption by . The motion was seconded and, upon being put to Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor (S E A L) ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash city Attorney EXHIBIT A 'UTILITIES SERVICE WORKER I MAJOR F~.NCTION 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 Utilities Director. 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, hydrants, valves and blow offs. 9. Performs various chemical tests. 10. 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 working with a water or wastewater system. 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 AGENDA FORM SUB~ECT~ Resolution No. R-93-31 Vacation of Easement APPROVED FOR S~%Y: City Manager: Agenda No. Dept. Origin City Clerk for Community Development Date Submitted 7/8/93 For Agenda Of 7/14/93 Exhibits: Resolution R-93-31 City Engineer Memo 6/22/93 Application Survey EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: ~.~MMAR¥ STATEMENT An application for vacation of easement for Carroll Simes (for property owner David C. Thomas) for vacation of easement for Lot 31, Block 239, Unit 10, Sebastian Highlands, was received by this office from the Department of Community Development. In accordance with Section 90-127 Code of Ordinances we have advised existing public utility companies by certified mail of the proposed vacation of easement. We have, to date, received no objections. In accordance with Section 90-128, the City Engineer has inspected the subject site and has no objections. A message was given to Mr. Simes approximately one week ago requesting that he submit a letter designating him as agent for the property owner. He has not as yet submitted that letter. Should we receive it prior to the meeting we will copy it to City Council. If it is not received prior to the meeting, the City Manager will recommend that this item be removed from the agenda. RECOI~ENDED~ If the letter designating Mr. Simes as agent for David Thomas is received, adopt Resolution No. R-93-31. RESOLUTION NO. R-93-3~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIFER COUNTY, FLORIDA, FACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE NORTH TEN FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAIITAGE EAS~ OF LOT 31, BLOCK 239, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PL~T THEREOF, RECORDED IN PBI 6-37D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: ~ECTION ~ That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The north ten feet of the south twenty foot public utility and drainage easement of Lot 31, Block 239, Sebastian Highlands Unit 10, according to the plat thereof, recorded in PBI 6-37D, Public Records of Indian River County, Florida. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River C6unty, Florida. SECTION IV This resolution shall be in full force and effect i~mediately upon its passage. The foregoing Resolution was duly passed and adopted by the City Council of ~ebastian, Florida, this day of , 19 . CITY OF SEBASTIAN, FLORIDA by: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally 'appeared ~ R. powel~ and Kathrvn ~. 0'Halloran known to me to be Mayor and city Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the day of , 19 . Linda M. Lohsl NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Charles I. Nash, City Attorney 2 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: June 22, 1993 MEMORANDUM TO: FROM: RE: Kathryn M. O'Halloran City Clerk Daniel C. Eckis, P.~ City Engineer/Public Works Director Abandonment of Easement - Lot 31 Block 239 Unit 10 Sebastian Highlands i have inspected the easement abutting the above lot and block and have no objection to abandoning 10 feet of the 20 foot easement ad3acent to the 30' drainage right of way. Should you have any questions or need any additional information, please feel free to contact me. to present thi~ request to vacate the owner of the p~,erty. X --' by , g ed:(tltle, iE any) ~ ' Date ~11 .~,'l~S~ Corporate Seal P~easa Print Name Hera CiTY OF SEBASTIAN APPLICATION FOR VACATION OF E~BEMENT(B) (This request shall no b~e ~ted unless completed in fu11_~ *Indtvidu~l, corporation, ~tc. - If co.oration apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT~EXISTS=, (Attach description On a%tec~ent if necees~) DESCRIPTIVE LO~TION OF DA~E~ TO BE ABA~ONED:' (This item ~o be filled in by Bui!~ln~ Off~ctel) (ExPlain ~n d~ta~ your need to release this easement) I HEREBY CERTIFY ~hat I, ~he Applicant, own the real property on' which the easement I request %o vacate exists, or [ am authorized 1h hereto'the following: . Map, plat, survey, or clear drawing:at least 8 1/2" x 11" :. .showing the parcel of land on which the easement exists, with parcel(s) of lend ed~aoent to %he easement requested to be vscated. SHOW THE ~ASEMENT CLEARLY ON DRAWING~ .., .. ( ) 2. Complete leg&l description of the parcel of land on'which ' (N/A) the easement exists if the full description cannot be placed on the lines provided above for the description, ( ) 3. Written authorization of the owner of the psrcel of lend (N/A) on which the easement exists if the applicant ts not the owner. ( ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO (N/A) REPLACE THE EASEMENT THAT KS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT, ( ) 5. Attach e check or money order payable to "The City of .' Sebastian" upon submittal of this sppl~cation to ,the Office of the City Clerk. This application fee is not refundable. The fee is $25.00,- ~'j~ ~ ~ ld~--- ( ) 6. OTHER: Date [R~g~e2~ y Aecordtng to Nap No, 12061C078E, 7R of 169, doee(I Nay 6, 19B9~ proporey ]ten in F1OJ~d Zone PLAT OF SURVEY FOR:D^vID c. ~o~s; rz~s? ILO? a, BC0¢K UN [ON NA N ~l~llil IllIHliiJO~ TIO AL BANK OF ~ORIDA, N.A.; PROFESSIO~ [ KEVIN A. SMITH LAND SURVEYING, INC. ~ t40O Pill BII flulg, K[. Pill Bly, Florldl 3~905 (407]7~4-~940d~ CITY OF SEBASTIAN, Petitioner, vs. Vito Picca, Respondent. CODE ENFORCEMENT BOARD CITY OF SEBASTIAN COMPLAiNTNO. 93-8246 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on June 16~ 1993c after due nutice to the Respondent and based on the evidence presented, the Code Enforcement Board makes the following: ~INDINGS OF FACT That the respondent is the owner of the residence located at Lot 25 & 1~ of Lot 26. Block 276. Sebastian Highlands Unit #10, 1338 Haverford Lane and that the respondent has modified the swale within the Ci.~_~ight-of-wa¥. WHEREFORE, based upon the forementioned Findings of Fact, the Code Enforcement Board makes the following: CONCLUSIONS OF LAW That Section 26-2 (Blocka~,~Q.~ unreasonable obstruction of natural flow of water) of the Code of Ordinances of the City of Sebastian has been violated. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: Respondent shall have 30 calendar days from the date of this hearinq to brin~ the property into compliance. Upon failure of the Respondent to comg!~, with this Order, on or before the 16 day_of July, 1993, the Code Enforcement Board may levy a fine of u~ to $250.00 for every day the violation continues past the date set for compliance. It shall be the responsibility of the Respondent to notify the C(:~de Enforcement Officer that compliance has been achieved. If Respondent does not comply on or before the date set for compliance, an Order imposing a fine may be recorded in the Official Records of Indian River County, and once recorded, SHALL CONSTITUTE A LIEN against the property upon which the violations~ exist and upon any other real or personal property owned by the Respondent. If Respondent causes a reoccurrence of the violation, this Board shall after notification to the Respondent, reconvene in the Council Chambers to hear further evidence on the issue of compliance and may impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues beyond the compliance date. The foregoing Order was moved for adoption by the Code Board member' George Metcalf member Wayne Tozzolo as iollows: The motion was seconded by Code Board and, upon be.i.~g put to a vote, the vote was Chairman Damien Gilliams Vice Chairman Joan Kostenbader Board Member Donato Derobertis Board Member Henry Fischer Board Member Louis Nicolini Board Member Wayne Tozzolo Board Member George Metcalf Absent Yes Yes Yes Yes Yes Yes The Chairman thereupon declared this order duly passed and adopted this 16 day of June .,1993. this DONE AND ORDERED in Sebastian, Indian River County, Florida, ~ day of ._~¢~ , 19 ~ CITY OF SEBASTIAN, FLORIDA .% ~A~R~AN, Code Enforcement Board //UNC PRO TUNC ATTEST: Clerk, Co~ Enforcement Board CODE ENFORCEMENT BOARD CITY OF SEBASTIAN COMPLAINT NO. 9--3-_/770--9 CITY OF SEBASTIAN, Petitioner, vs. E.W. Taylor & John Pfenninqer Jr., Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on June 16, 1993, after due notice to the Respondent and based on the evidence presented, the Code Enforcement Board makes the following: FINDINGS OF FACT That the respondents are the owners of the residence located at ~053 L°uisia~aAvenue]'.S~.~9~ Florida, Parcel ~06-31-39L000~02 0 o0o0 .o are in violation of f?l oWing: junk ~unk~machiner¥, iunk boats..~d other miscellaneous items; over five boats or boat~3!ls on mroDe~; indites or endangers the comfort, reDose, health o~ ~afe~¥ Of others~ offends dece~, is Offensive to the senses, i~i~$n_3 Wa~ renders other De~sons i~S~cure in life or th~ use of DroDert~ -essentially in~erferes~With comfortable endoyment of iife an~ ~r0~ert¥, or ~nds ~o de~reci~a~e the value of ~he~r~"~'~f othe~s;7ac~mulati0ns ~f trash, litter,.debris., aar~ae~ b°~tles .... paper, cans, raas, dead or decayed fish, ~eat ~r other animai matter, fru]it, veaetables, offal, bricks~ COncrete, scrap lUmber"~ Other bulldin~ debris or other refuse:Of an~ nature, an% conditi~_~hich provides harborage for'rats.,.m~ce., snakes and ot~er vermin~ ~r°wth of weeds, arass,, underarowth or ~%~er~eaetat~on uDon imDx~Ored real property, to a height of ten ~nches o~ more. WHEREFORE, based upon the forementioned Findings of Fact, the Code Enforcement Board makes the following: CONCLUSIONS OF ]JAW That Section 86-47 (Junk Deposits), Section 20A-5.16(C){12) (Parkin~ & StoraGe of Recreational Vehicles)~ Section 66- 1(1)(2)(3)(5)(6) (Nuisances) and Section 66-3(1)(2)&(11) (Nuisances) have been violated. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: Respondent shall have 15 calendar days from the date of this hearin~ to brin~ the Dropert~ into compliance. UDon failure of the Respondent to comDl¥ with this Order, on or before the 2 day of July, 1993, the Code Enforcement Board may levy a fine of up to $100.00 for every d~.~ the violation continues Dast the date set for compliance. It shall be the responsibility of the Respondent to notify the Code Enforcement Officer that compliance has been achieved. If Respondent does not comply on or before the date set for compliance, an order imposing a fine may be recorded in the official Records of Indian River County, and once recorded, SHALL CONSTITUTE A LIEN against the property upon which the violations exist and upon any other real or personal property owned by the Respondent. If Respondent causes a reoccurrence of the violation, this Board shall after notification to the Respondent, reconvene in the Council Chambers to hear further evidence on the issue of compliance and may impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues beyond the compliance date. The foregoing Order was moved for adoption by the Code Board member Wavne Tozzolo. The motion was seconded by Code Board member Louis Nicolini and, upon being put to a vote, the vote was as follows: Chairman Damien Gilliams Vice Chairman Joan Kostenbader Board Member Donato Derobertis Board Member Henry Fischer Board Member Louis Nicolini Board Member Wayne Tozzolo Board Member George Metcalf Absent Yes Yes Yes Yes Yes No The Chairman thereupon declared this order duly passed and adopted this 16 day of June,1993. DONE AND ORDERED in Sebastian, Indian River County, Florida, this ~ day of ' , 19 / CITY OF SEBASTIAN, FLORIDA /,~ ~AIRMAN, Code Enforcement Board .NUNC PRO TUNC ATTEST: ClerkJ~Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF SEBASTIAN COMPLAINT NO.93-8164 CITY OF SEBASTIAN, Petitioner, vs. Chri~ Herbst, Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on June 16, 1993, after due notice to the Respondent and based on the ~vidence presented, the Code Enforcement Board makes the ~.'~llowing. FINDINGS OF FACT That 'the respondent is the owner of the residence located at 205 S. i~iB~g~ Drive, sebastiai~] FL., i %nce witho-t nome oc6. atio £[iic n e.' ......... WHEREFORE, based upon the forementioned Findings of Fact, the Code Enforcement Board makes the following: CONCLUSIONS OF LAW That Sectig.n 20A-6.1(1~) ~Home OccuDations) of the Land Development Code o'f ~h-~ city of s~aStian has been viOlated. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: That Respondent was in violation, and no fine shall be i~posed. It shall be the responsibility of the Respondent to notify the Code Enforcement officer that compliance has been achieved. If Respondent does not comply on or before the date set for compliance, an Order imposing a fine may be recorded in the official Records of indian River County, and once recorded, SHALL CONSTITUTE A LIEN against the property upon which the violations exist and upon any other real or personal property owned by the ! Respondent. If Respondent causes a reoccurrence of the violation, this Board shall after notification to the Respondent, reconvene in the Council Chambers to hear further evidence on the issue of compliance and may impose a fine of up to the maximum amount of $500.00 per day for each day the violation cont~i~ues beyond the compliance date. The foregoing Order was moved for adoption by the Code Board member George Metcalf. The motion was seconded by Code Board member Louis Nicolini and, upon being put to a vote, the vote was as follows: Chairman Damien Gilliams Vice Chairman Joan Kostenbader Board Member Donato Derobertis Board Member Henry Fischer Board Member Louis Nicolini Board Member Wayne Tozzolo Board Member George Metcalf Absent Yes Yes Yes Yes Yes The Chairman thereupon declared this order duly passed and adopted this 16 day of June ,1993. DONE AND ORDERED in Sebastian, Indian River County, Florida, this ~,~ day of .~7~. , 19 ~-~ CITY OF SEBASTIAN, FLORIDA /~.~ C.~AIRMAN, Code E~6r~en{ BOard t'.~UNC PRO TUNC ATTEST: Clerk, ~ode Enforcement Board CiTY OF SEBASTIA/~, Petitioner, VS. Dennis Dernba~h, Respondent. CODE ENFORCEMENT BOARD CITY OF SEBASTIAN COMPLAiNTNO~ 93-811--5 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on June 16, 1993, after due notice to the Respondent and based on the evidence, presented, the Code Enforcement Board makes the following: FINDINGS OF FACT That the respondent is the owner of the residence located at Lot ~Q..~ Block 559, Sebastian Highlands Unit ~!6, 170 Kildare Drive, Sebastian, Florida: that an inoperable Ford DickuD truck was located on the._Dropert¥. WHEREFORE, based upon the forementioned Findings of Fact, the Code Enforcement Board makes the following: CONCLUSIONS OF LAW That Section 86-47 (Inoperable Ford DickuR truck~ of the City of Sebastian Code of Ordinances has been violated. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: ~sDondent be ~ound in violation, that the vehicle has been removed, that no fine be levied. It shall be the responsibility of the Respondent to notify the Code Enforcement Officer that compliance has been achieved. If Respondent does not comply on or before the date set for compliance, an Order imposing a fine may be recorded in the official Records of Indian River County, and once recorded, SHALL CONSTITUTE A LIEN against the property upon which the violations exist and upon any other real or personal property owned by the Respondent. If Respondent causes a reoccurrence of the violation, this Board shall after notification to the Respondent, reconvene in the Council Chambers to hear further evidence on the issue of compliance and may impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues beyond the compliance date. The foregoing Order was moved for adoption by the Code Board member Wayne Tozzolo The motion was seconded by Code Board member Louis Nicolini and, upon being put to a vote, the vote was as follows: Chairman Damien Gilliams Vice Chairman Joan Kostenbader Board Member Donato Derobertis Board Member Henry Fischer Board Member Louis Nicolini Board Member Wayne Tozzolo Board Member George Metcalf Absent Yes Yes Yes Yes Yes Yes The Chairman thereupon declared this order duly passed and adopted this 16. day of June,1993. DONE AND ORDERED in Sebastian, II~d:i_an River C~,u~t¥, Florida, this, ~'~'~ day of~, 19 ~...~ CITY OF SEBASTIAN, FLORIDA '..~,~. ~HAIRMAN, Code Enforcement Board ~NUNC PRO TUNC ATTEST: Clerk, ~ode Enforcement Board CODE ENFORCEMENT BOARD CITY OF SEBASTIAN COMPLAINT NO. 92-7475 CITY OF SEBASTIAN, Petitioner, vs. David A. Kozdra, Respondent. THIS CAUSE came before the Code Enforcement Board of the City of Sebastian on 6/16/93, by request of the Assistant City Attorney, to amend the following order in reference to the fine. The order has been amended as follows: FINDINGS OF FACT, CONCLUSIONS OF LAW, AND AMENDED ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on 3/!7/93, after due notice to the Respondent and based on the evidence presented, the Code Enforcement Board makes the following: FINDINGS OF FACT That the respondent is the owner of the residence located at 790 Vocelle Avenue, Sebastian, K1.Qri.4.a, Lot 3, Block 117, Sebastian Hiqhland$ Unit ~2 and had installed an alarm without a permit. WHEREFORE, based upon the forementioned Findings of Fact, the Code Enforcement Board makes the following: CONCLUSIONS OF LAW That Section 39-36 (Alarms Users Permit) of the Code of Ordinances of the City. of Sebastian has been violated. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: ~spondent was found in violation of said ordinance and no fine shall be imposed. It shall be the responsibility of the Respondent to notify the Code Enforcement Officer that compliance has been achieved. If Respondent does not comply on or before the date set for compliance, an Order imposing a fine may be recorded in the Official Records of Indian River County, and once recorded, SHALL CONSTITUTE A LIEN against the property upon which the violations exist and upon any other real or personal property owned by the Respondent. If Respondent causes a reoccurrence of the violation, this Board shall after notification to the Respondent, reconvene in the Council Chambers to hear further evidence ol~ the issue of compliance and may impose a fine of up to the maximum amount of $500.00 per day for each day the violation conti~ues beyond the compliance date. The foregoing Order was moved for adoption by the Code Board member George Metcalf. The motion was seconded by Code Board member Henry Fi.sc~.~ and, upon being put to a vote, the vote was as follows: Chairman Damien Gilliams Vice Chairman Joan Kostenbader Board Member Donato Derobertis Board Member Henry Fischer Board Member Louis Nicolini Board Member Wayne Tozzolo Board Member George Metcalf Absent Yes Yes Yes Yes Yes Yes The Chairman thereupon declared this order duly passed and adopted this 16 day of June,1993. this DONE AND ORDERED in Sebastian, Indian River County, Florida, ~..~Z~ day o,~~Tg~ , 19 ~ ~ CITY OF SEBASTIAN, FLORIDA / /.~ GHAIRMAN, Code Enforcement Board · -~UNC PRO TUNC ATTEST: City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 . TELEPHONE (407) 589-5330 o FAX (407) 589-5570 REQUEST FROM CHRIST THE KING ) ....... LUTHERAN CHURCH TO WAIVE PERMIT ) Dept. Origin: Community Development FEES ) (BC)/~z~ Approved For Submit~l By: ) Date Submitted: ..... 07~.08/9} ~ f ~L--3~,~/~ ) For Agenda Of: 07/14/93 City Manager _//, ~ ~.I ) ~ - " ) Exhibits: ) 1. Letter dated July 2, 1993 EXPENDITURE AMOUNT . APPROPRIATION REQUIRED: BUDGETED. REQUIRED: SUMMARY STATEMENT The Reverend Paul E. Hauenstein from the Christ The King Lutheran church is requesting City Council to waive the site plan application fee ($350.00) and building permit fee (approx. $1,300.00) for their first phase of building. Although there is nothing specifically in writing regarding fee waivers for churches, the City Council has traditionally waived all related fees for building construction. RECOMMENDED ACTION Move to approve the request from Christ The King Lutheran Church to waive the site plan fees and building permit fees for their proposed building. CHRIST THE KING LUTHERAN CHURCH 933 Jamaica Avenue Sebastian, FL 32958-515~1 (407) 589.7117 July 2, ]993 The Honorable Lonnie Powell, Mayor and Members of the City Court City of Sebastian ]225 Main Street Sebastian, Florida 32958 Dear Mayor Powell and Council Members: On behalf of the members of Christ The King Lutheran Church i would like to respectfully request the waiver of permit fees regarding the proposed first unit building for our congregation. We have alredy submitted the application for ~heSite Plan Review along with our check for $350. If the waiver of fees is granted we would as'k that the fee be refunded to the congregation. Thank you for your consideration of this matter. We hope to build a very attractive building that we feel will add to the positive impression people get of our community as the enter our city coming east on C.R. 512. Sincerely, The Rev. Paul E. Hauenstein, Pastor cc: Mr Ed Clark, Building Chairman Mr. Peter Jones, Architect I will be out of the city until July 19. Please address any questions or re.spor~ses to Mr. Ed. Clark, ]]7 Friar Ct., Sebastian, FL 32958. Telephone: 388-5]35 (Home); 569-9600 (work). A Congregation of the Evangelical Lutheran Church in America City of Sebastian REQUEST TO REMOVE SPECIMEN TREE ) TOZZOLO BROTHERS ) Dept. Origin: Community Development ! -- -- '( B~ ) ~...~,., Approved For Submi t~l By: I Date Submitted: 07/08/93 /~ ,F%~ ~ ) For Agenda Of: 07/14/93 City Manager ~// ..~/~ ) . ........ ) Exhibits. ) Land clearing application dated ) 07/07/93 Survey EXPENDITURE AMOUNT APPROPRIATION REQUIRED. BUDGETED: REQUIRED: SUMMARY STATEMENT ~suant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Tozzolo Brothers is requesting removal of two specimen trees on a property at 1526 Haverford Lane (Lot 3, Block 287, Sebastian Highlands Unit 10). The trees (two pines) are located on the proposed location for the pool and porch. RECOMMENDED ACTION Move to approve the removal of two specimen pine trees located on Lot 3, Block 287, Sebastian Highlands Unit 10. CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION OF TREES STREET ADDRESS: LOT NO.: SUBDIVISION: BLOC NO.: ONI NO.: CONTRACTOR: ADDRESS: PHONE: · ~ SUB-CONTRACTOR: ADDRESS: ~ REASON FOR THE PERMIT: \© zip: ZIP: OWNER OF PROPERTY: ADDRESS: I[]~ . ~), PHONE NO.: I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code ( Article XIV ) Signature ~ APPLICATION MUST INCLUDE: 1. On a survey, lo6ate all specimen trees (20 inch diameter or more), indicate which trees to be removed and/or relocated. Indicate the species of each tree. Ali' specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. Applicant must tag ali specimen trees with a bright ribbon around the tree approximately 6 feet above the grade. Office Use Only APPROVED FOR PERMIT: YES: NO: -- MUST OBTAIN CITY COUNCIL APPROVAL: YES:~ NO: IF YES, DATE OF CITY COUNCIL APPROVAL: ~ City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 NOTICE REFERENCE: LOT 2~7 BLOCK PARCEL# UNIT# Your project may be within habitat utilized by the Florida Scrub Jay, a bird on the federal threatened species list. Therefore, the City of Sebastian recommends that before initiating any development activity, including land clearing, you contact the United States Fish and Wildlife Service (USFWS) at (904)-791-2580 for required consultation under the Endangered Species Act.-~-~k~j~..~.__ According to the USFWS, this consultation must occur because of the requirements of the Endangered Species Act (16 U.S.C. 1531-1543) regarding the responsibilities in protecting endangered and threatened species. The Endangered Species Act and implementing regulations found in 50 CFR Part 17, prohibit the "take" of any endangered or threatened species without Federal authorization. Take is defined to include, among other activities, the harassment or harming of wildlife and plants regulated under the law. Further, any activity or omission, including disruption or modification of habitat occupied by a threatened or endangered species, which significantly alters the behavior or creates the likelihood of injury or death, may constitute a violation of the Endangered Species Act. "Activity" in this context can include, according to the USFWS, actions of local governments. The City of Sebastian has no authority to issue the permits required by the Endangered Species Act with regard to Scrub Jays. The City of Sebastian's approval of your project should' therefore not be construed to authorize actions that may violate the Endangered Species Act. A c kn'6~wi~d ge ~ e n t Bruce Cooper Director of Community Development Attachment to Landclearing Permit I ' I i I i I I I I i I I i I I City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Revised Bud=et Amendment for Fiscal Year 199211993 Approved For Submittal tit7 Manager Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: 1. 93.203 F~tnce(~) 7-06--93 7-14-93 R-93-29 Budget Amendment FY 1992/1993 EXPENDITURE REQUIRED: NOT APPLICABLE AMOUNT BUDGETED: NOT APPLICABLE APPROPRIATION REQUIRED: NOT APPLICABLE SUMMARY STATEMENT The annual budget for the current 1992/1993 fiscal year needs to be changed to reflect current economic conditions and financial projections for the remainder of the year. Pursuant to R-92-47, the Finance Director with the concurrence of the City Manager, has transferred appropriations from one line item to another within individual department's budget so long as the total appropriation per cost center did not change. A number of other changes are necessary that will increase or decrease specific departments and/or funds total budgets for the current fiscal year. Budget appropriation and the authorization affecting fund totals require prior approval of the City Council. RECOMMENDED ACTION Move to approve the revised amended budget for the 1992/1993 fiscal year as submitted. City of Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Revised Budqet Amendment for ~,scal Year 1~211993 Approved For Submittal By: city Manager Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: 1. '93.203 ~nance (MS 7-06-93 7-14-93 R-93-29 Budget Amendment FY 1992/1993 EXPENDITURE REQUIRED: NOT APPLICABLE AMOUNT BUDGETED: NOT APPLICABLE APPROPRIATION REQUIRED: NOT APPLICABLE S~Y STATEMENT Explanations of variances of the Revised Budget Amendment for Fiscal Year 1992/1993. RECOMMENDED ACTION For your information only. I City of Sebastian POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Reconstruction of Temple Avenue Approved for Submittal By: City Manager ~- Agenda No: Dept. Origin Date Submitted 95.21q ENG/~ 07-08-93 For Agenda of 07-14-93 Exhibits: Bid Tabulation Form Exhibit ~, Public Entity Crime Form and Exhibit G. EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $ 80,277.50 BUDGETED: $300,000. REQUIRED: SUMMARY STATEMENT Six sealed bids were opened on July 7th, 1993 at 2:00 P.M. in the City Manager's Conference Room. The contractors/vendors that submitted bids are identified on the Bid Tabulation sheet. Apparent low bidder was Pan American Engineering Inc. at $100,159. The next apparent bidder was Cathco at $115,409.31. Staff.reviewed the bid summary form Exhibit "D" of the Bid package and determined that all the items were included and there were no exceptions or clarifications identified in Exhibit "G" of the Bid package. Pan American does hold a competency card in Indian River County prior to 1991 and therefore, can be licensed to work in the City of Sebastian. To reduce the cost of the contract without compromising the quality, I spoke with Bud Stevens, President. We agreed to eliminate the 1 1/2" thick type S-1 asphalt for $17,204., from the contract amount. This item can be provided by the City through Dickerson paving which is listed on Indian River County's Commodities Contract for street overlayment. We also agreed to use 6" of Coquina base as a deductive alternate to the lime rock base. The following is the breakdown from the original contract amount deducting the respective line items as follows: Total Contract ~mount $100,159. Product 1 1/2 "Thick type S-1 Asphaltic Concrete Quantity 6" of limerock base 3570 SY 6" Thick Coquina Base 3570 SY NEW CONTRACT AMOUNT Unit price $6.00 $5.25 Amouzxt ($17,204.) ($21,420.) $18,742.50 Seo, ??.so. In addition, I felt it would be in the City's best interest to reduce their calendar days from 120 days to 60 days, and have them'provide a construction schedule as to how the work will progress. RECOMMENDED ACTION Move to award the reconstruction of Temple Avenue to Pan American Engineering Company Inc for the amount of $80,277.50. I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 BID TABULATION CITY OF SEBASTIAN BIDS DUE CONTRACTOR/VENDOR Cathco, Inc. Fischer and Sons Martin Paving Ranger Construction Pan American Eng. JoBear, Inc. July 6th, 1993 2:00 P.M. ITEM DESCRIPTION Temple Avenue Reconstruction Temple Avenue Reconstruction Temple Avenue Reconstruction Temple Avenue Reconstruction Temple Avenue Reconstruction Temple Avenue Reconstruction NO OTHER BIDS WERE RECEIVED TOTAL $115,409.31 $117,441.75 $135,864.60 $151,812.50 $100,159.00 $142,985.00 EXHIBIT D BID FO~ RECONSTRUCTION OF TEMPLE AVENUE SEBASTIAN, FLORIDA NOTE: Estimated quantities are not comparison of Bids and determination based on actual quantities. guaranteed and are solely for of initial contract price. Final Item Description Quantity Unit Unit Price 1 L.S. **"* I L.S. '*** 7 each $ 1 00 1 .O0 Mobilization/Demobilization 2.00 Preparation of Record Drawings 3.OO Construction etaklng 4.00 Audio-visual documentation S.OO Site Preparation 6.OO RemoVe and dispose of exieltng drainage structures 7.OO RemoVe and dispose of existing 12" C.M.P. 127 L.F. $ (5 8.O0 Remove end dispose of existing i4.5" terflcotte drainage pipe 60 L.F. $ (5 9.00 Remove end dispose of existing 12" R.C.P 2ce L.F. $ 9 e,=h $ 1,175 10.00 Furnish and install Type "D" catch basin per FDOT Index No. 232. with traffic bearing frames and grates 11.00 Furnish and install 12' x 18" R.C.P. w/Rlter Fabric Jacket per FDOT Index No. 280 1 ac L.F. ~ 16 12.OO Furnish and install mitered end section for 12" x 18' R.C.P. 1 each ~ l 20 13.OO Furnish and Install 14" x 23' R.C.P. wi Filter Fabric Jacket per FDOT Index No. 280 220 L.F. $ 18 14.00 Furnish end install mitered end section for 14' x 23" R.C.P. 3 each 130 15.09 Furnish and Install 19' x 30" R.C.P. w/Filter Febdc Jacket per FDOT index No. 280 60 L.F. ~ 22 16.OO Furnish end install mitered end section for 19' x 30* R.C.P. 1 each $ 140 BF- I the purpose of payment will be Amount $ 750 (~ 300 $ 1,800 s 500 e 1,500 ~ 700 762 $ 360 ,1,236 ,10,575 2,880 120 $ 3,960 $ 130 , 1,320 140 1 t I I I I I I EXHIBIT D BID FORM RECONSTRUCTION OF TEMPLE AVENUE SEBASTIAN, FLORIDA Item Description Quantity Unit Unit Price Amount 17.00 Regrede existing drainaoe swale and construct new rirainage swales, par tyDioel pavement tection on Exhibit "C" 18.00 Remove and riispose of existing 3,400 pavement as indicated on Exhibit 'B' 19.00 Construct new 1- 112' thick Type 5-1 3.400 asphaltic concrete driving surface 20.00 Construct 6' thick Ilmerock base 3,570 21.00 Construct 8' thick stabilized aubgrade 3,748 22.00 Removal ami disposal of unsuitable matedal 2,000 23.00 imported backfill/fill material (Type 1 or 3}. 2,300 la-place end compacted 24.00 Temporary roadway striping 2-e;.O0 Solid white atop bar TOTAL CONTRACT AMOUNT 1 L.S, ***" s.Y. ~ .90 s.Y. $ 5.06 s.¥. , 6 s.Y. $ ] . 50 c.Y. ~ 5.75 c.Y. , 4.50 $ 100,159.00 3,220 ~ 3,060 ,17,204 ,21~420 5,622 $11,500 $10,350 600 ~ 150 TOTAL AMOUNT WRITTEN IN WORDS: MISCELLANEOUS UNIT PRICE AMOUNTS: A. Construct 6" thick coquina base (3,570 S.Y) NOTE: L.S. = lump sum L.F. = lineal feet S.Y. = square yards C.Y. = cubic yards BF - 2 per;gM/ S.Y. i i i i i i i I i 1 I i i t i EXHIBIT D BED FORM RECONSTRUCTION OF TEMPLE AVENUE SEBASTIAN, FLORIDA DATE WHEN CONTRACTOR CAN BEGIN WORK: NUMBER OF DAYS CONTRACTOR WILL STARTING: 120 Bid Submitted by: Within l0 days after award. COlViPLETE WOR~ AFTER Pan Ame.r. ican Engineerin9 co., Inc.... (Contractor) (Corporate Seal) Address: 825 8th Street Vero Beach, FLorida 32961-0877 Telephone: ~ 569-0300 Fax: (40?) 569-0006 Date: July 6, 1993 NOTE: IN THE EVE..NT OF LITI,GATION, THE PRE.yAILiNG PARTY SHALL BE DUE REASONABLE ATTORNEY FEES I~....__THE EVENT LITIDATION SHOUL,.D AR/SE FROM THIS AGIEEEMENTj CITY OF.,,S,I~B.A..STIAN AND CONTRACTOR AGI~-I:- THAT INDIAN ~R COUNTY. ~ORIDA. SHALL BE TI-IE VENUE OF SUCH,.,,LITIGATION. BF - 3 EXHIBIT G RECONSTRUCTION OF TEMPLE AVENUE NOTE TO CONTRACTOR Respectfully, City of Sebastian CONTRACTOR hereby acknowledges notice of the above: CON-JFI~CTOR: Pan American En~ineerin9 Co., Inc. 825 8th Street, Vero Beach~ FL 32961-0877 ~Bu/z ~tev~ns TITL£: President DATE: Jul~ 6, , 19 93 (CORPORATE SEAL) NOTE ANY EXCEPTION(S) OR CLAKIFICATION(S): None 2 S'WORJq STA'i'-_~NT UNDER SE~05' for Reco~struc~oD of Temple Avenue, Sebastian, ~ bm ~ ~ m 825 8th Street · mm, Veto Beach, FLorida 32961-0877 · m ~a~b~) ~ ~ ~p~ ~ N~ ~ ~ 59--087~078m ,, m ~~ ,,', . . ' ............. ...... ...... ) ~ pc-son or c~:7. orp~zt~ umu:r :z~ ~ of~'a~ ~ or of me U~ .fcau~ ~ m lc-~u ofloc~ or sc-~ 1~ bT.a public c;2U:7, e:n~ su~mi:zi~ ~ sworn state:nc~r_ ['P!eese