HomeMy WebLinkAbout08231995 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 23, 1995
7:00 P.M OR SOON THEREAFTER
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
o
CALL TO ORDER
PLEDGE OF ALLEGIANCE
iNVOCA~ON-NoOneAv~I~le
ROLL CALL
AGENDA MODIFICATIONS (ADD[T. IONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
6. PROCLAMATIONS AND/ORANNOUNCEMENTS
95.142
PGS 1-13
QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
· Mayor Opens Hearing-Outlines Rules
· Clerk Administers Oath
· Disclosure of Ex-Parte Communication
· Staff Presentation
· Applicant Presentation - 15 Minutes
° Inquiry of Applicant
· Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5
or More
° Inquiry of Proponents
° Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes if Representing 5 or More
· Inquiry of Opponents
· Informational Testimony - 3 Minutes or 10 Minutes if Representing 5
or More
· Closing of Public Informational Period
° StaffResponse and Summary - I 0 Minutes
· Applicant's Rebuttal Presentation - 10 Minutes
· Board and Stafflnquiry
RESOLUTION NO. R-95-48 - Acceptance of Minor Subdivision
Plat for J & W Subdivision (Director of Community Development
Transmittal dated 8/15/95, R-95-48, Application, Plat, Sections 20A-
16.1(C)1 and 16.3 ofLDC, P & Z Memo dated 7/28/95, Williams
Memo dated 7/20/95, Masteller Letter dated 6/9/95)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR
SUBDIVISION PLAT OF J & W SUBDIVISION, CONSISTING OF 1.22
ACRES, MORE OR LESS, LYING IN SECTION 1, TOWNSHIP 31
SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT;
DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE
CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY,
FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
August 23, 1995
Mayor and City Council
City Manager
City Attorney
FROM: Kay O'Halloran
City Clerk
SUBJECT:
WITHDRAWAL OF iTEM NUMBER 95.082
FROM AGENDA OF AUGUST 23, 1995
Mr. David Costa has requested that Item No. 95.082 under Old Business No. 11 ~A, Costa
Culvert Pipe, be withdrawn from the Sebastian City Council Meeting Agenda tonight August 23,
1995. He would also like to reserve the fight to reschedule this item.
KO:js
CONSENT AGENDA
All 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.
PGS 15-45 A.
95.143 B.
PGS 4%49
95.144 C.
PGS 51-52
10.
95.145
PGS 53-56
11.
95.082
PGS 57-64
Approval of Minutes - 8/2/95 and 8/3/95 Budget Workshops, 8/9/95
Regular Meeting
Sebastian Jaycees - Margo Giacobbi - Request Use of Community
Center - 9/22/95 and 12/15/95 - 6 p.m. to 10 p.m. - Dancemania III
and IV Teen Dance Fundraisers - Admission Fee - Security Pd
(City Clerk Transmittal dated 8/8/95, R-95-50 Pg 5, Application)
Lion's Club - Request Use of Riverview Park - Steak Dinner
Fundraiser - 11/4/95 - 9 am to 6 pm - Use of Electricity and Standard
Conditions (Director of Community Development Transmittal dated
8/14/95, Zuhowski Letter dated 8/4/95)
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
A. Planning and Zoning Commission
Recommendation Re: Barbed Wire Fences - Direct City
Attorney to Draft Ordinance (Director of Community
Development Transmittal dated 8/15/95, DCD Memo dated
5/17/95, P & Z Memo dated 5/29/95)
OLD BUSINESS
Costa Culvert Pipe (City Manager Transmittal dated 8/17/95,
Votapka Letter dated 6/9/95, 5/24/95 Minutes Excerpt, Cooper
Letter dated 3/8/95)
12. NEW BUSINESS
95.029
PGS 65-68
ORDiNANCE NO_...0,95-23 - Amending Parking Ordinance No.
0-95-03 Re: Prohibiting Parking in Handicapped Spaces (City
Manager Transmittal dated 8/17/95, O-95-23)
1st Reading, Set Public Hearing 9/13/95
AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING THE CODE OF
ORDINANCES, PROHIBITING PARKING IN DESIGNATED
HANDICAPPED SPACES, PROVIDiNG FOR SEVERABILITY,
PROVIDING FOR CONFLICTS, AND PROVIDiNG FOR AN
EFFECTIVE DATE.
95.146/
94.004
PGS 71-98
Bo
Cost Share Agreement - Sebastian Riverview Park Shoreline
Restoration - St. John's River Water Management District & City
of Sebastian (City Manager Transmittal dated 8/15/95, Agreement)
95.006 C.
PGS 99-111
Department of Community Affairs/City of Sebastian - Evaluation
and Appraisal Report Assistance Program Contract - Comprehensive
Land Use Plan Review Funding (Director of Community
Development Transmittal dated 8/15/95, DCA Letter dated 6/27/95,
Contract)
95.147 D.
PGS 113-116
Golf Course Transactions - Requested by Vice Mayor Corem (City
Manager and Finance Director Memos dated 8/15/95, Vice Mayor
Corum Memo dated 8/14/95)
13.
INTRODUCTiON OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
4
14.
15.
16.
17.
CITY COUNCIL MATTERS
A. Mayor Arthur Firtion
B. Vice Mayor Carolyn Corem
C. Mrs. Louise Cartwright
D. Mrs. Norma Damp
E. Mr. Raymond Halloran
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
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 TESTZMONY AND
EVIDENCE UPON WHICH THE APPEAL iS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITiES ACT (ADA), ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S
ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
SUBJECT: PUBLIC HEARING REGARDING
R-95-48 ACCEPTANCE OF THE MINOR
SUBDIVISION PLAT FOR J & W
SUBDIVISION
Approved For Submittal By:
City Manager
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Agenda Number:
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1. R-95-48
8/15/95
8/23/95
(BC~.
2. Applic. for Minor Subdivision
3. Plat of J & W Subdivision
4. Section 20A-16.1(C)1 of LDC
5. Section 20A-16.3 of LDC
7. P & Z memo of 7-28-95
8. Tim Williams memo of 7-20-95
9. Masteller letter of 6-9-95
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received an application for a minor subdivision
plat from Jerald E. Smith.
The proposed minor subdivision will take the existing Tract B, Sebastian
Highlands (Unit 1) and subdivide into two (2) lots.
Since this subdivision is creating 2 lots on existing paved, dedicated
rights-of-way and does not require any extension of offsite improvements,
this proposal meets Section 20A-16.1(C)1 of the Land Development Code for
a minor subdivision.
Pursuant to Section 20A-16.3 A & B of the Land Development Code, the City
contracted with Masteller & Moler, Inc. to review the proposed minor
subdivision plat in accordance with this procedure. The comments from
Devon Rushnell of Masteller & Moler are attached for your review. All
items have been incorporated into the revised plat. Also attached are the
comments from H.R.S. (Allen Watters).
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The Planning & Zoning Commission has reviewed this minor subdivision in
accordance with the Land Development Code and has recommended approval by,
the City Council.
Comments from City Attorney Timothy Williams are attached. All items hav
been corrected on the revised plat.
RECOMMENDED ACTION
Conduct public hearing regarding Resolution R-95-48.
Resolution No. R-95-48.
Move to approve
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RESOLUTION NO. R-95-48
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR
SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT
OF J & W SUBDIVISION, CONSISTING OF 1.22 ACRES, MORE OR
LESS, LYING IN SECTION 1, TOWNSHIP 31 SOUTH, RANGE 38
EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA;
DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY
CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT
COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Jerald E. Smith, Laura L. Schuler, Wayne J.
Fiorito and Karen T. Fiorito own certain real property
located within the corporate limits of the City of Sebastian;
and
WHEREAS, Jerald E. Smith, Laura L. Schuler, Wayne J.
Fiorito and Karen T. Fiorito desire to develop a minor
subdivision on a portion of its real property lying in
Sebastian, Indian River County, Florida; and
WHEREAS, Jerald E. Smith has submitted a proposed minor
subdivision to the City for its approval; and
WHEREAS, the minor subdivision plat submitted meets all
requirements as set forth in Section 20A-16.3 of the Land
Development Code of the City; and
WHEREAS, the minor subdivision plat bears a Certificate
of Dedication, Certificate of Title, and Certificate of
Surveyor; and
WHEREAS, a Professional Engineer consulting for the City
has determined that all required improvements meet the
provisions of the Land Development Code of the City; and
WHEREAS, the minor subdivision plat has been reviewed by
the Professional Engineer and the City Attorney, with all
their comments duly noted and corrected on the plat; and
WHEREAS, all other conditions precedent to approval of
plat have been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~ Section 1. PLAT APPROVAL. The plat of Sebastian
/Acres~, as prepared by James A. Fowler, a Florida registered
~ surveyor, bearing Certificate of Dedication dated August 23,
\ 12~~ ~ hereby approved due to its compliance with Section
~6 of the Land Development code of the City of
Sebastian.
Section 2. SIGNING OF THE PLAT. The Mayor is
directed to sign the plat.
Section 3. RECORDING OF THE PLAT. The City Clerk is
directed to present the plat to the Clerk of the Circuit
Court for Indian River County, Florida, for recording in the
Public Records of Indian River County, Florida.
Section 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 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
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Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that
the City Council would have enacted the remainder of this
Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
Section 6. EFFECTIVE DATE, This Resolution shall
take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember The motion was seconded
by Councilmember and, upon being put to
a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Louise Cartwright
Councilmember Raymond Halloran
The Mayor thereupon declared this Resolution duly passed
and adopted this day of , 1995.
CiTY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Arthur L. Firtion
Mayor
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
3
APPLICATION FOR MINOR SUBDIVISION
CITY OF SEBASTIAN
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
TELEPHONE # 589-5537
Application No: Date~'/~//~~//~-~
Owner. ~.~4~ ,~./~/~3~/ ~ Z_~/~/7.tJ~.. . .~'~". ,~ ~ / ~& Phone
Address ~/~ ~/ ~ /. ,~'~ ~.~/f/ ~. 3~
S~division N~e ~ ~/ ...... ,. ~'L~ ~ ~/J~'~'~
Section / Township ~'/~ Range ..
Pro ject Surveyor ~~/~- ~7,J'.-f i~'~,%' Fla State ~~
Project Engineer ~/~ Fla State
Zoning Classification ~/~ Land Use
Development Site Size /,..~ ~/,~'Acres Minim~ Lot Size~
ProposedUnitsperAcre~ ~Nu~erof Lots ~ ~
The following attachments shall accompany this application:
1. A copy of the Owner's Recorded Deed.
2. If applicant is other than the owner, a sworn statement
of authorization is required.
3. Twelve (12) copies of all plans. (Three initially for
review purposes.
4. Final plat requires compliance with Section 20A-16.3
of the Land Development Code, City of Sebastian.
5. Existing legal description.
~ SIG~TURE OF APPLICANT
r~~
THE FEE FOR A MINOR SUBDIVISION IS $100.00 AS SET FORTH BY
RESOLUTION NO. R-88-06.
MINSUB.WP
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DIVISION V. SUBDIVISION OF LAND
ARTICLE XVI. ADMINISTRATION AND PROCEDURES
Sec. 20A-16.1. Applicability.
A. Purpose. The pm-pose of this division is to assist implemen-
tation of the City o£ Sebastian comprehensive plan by establish-
ing procedures and standards for the development and subdivi-
sion o£ real estate within the city in an effort to, among other
things, ensure proper legal description, identification, monumentation
and recording of real estate boundaries; aid in the coordination of
land development in the City o£ Sebastian in accordance with
orderly physical patterns; discourage haphazard, prematm'e
uneconomic or scattered land development, ensure safe and con-
venient traffic control; encourage development of an economi-
cally stable and healthful community; ensure adequate utilities;
prevent periodic and seasonal flooding by providing protective
flood control and drainage facilities; provide for management
and/or protection of water resources; provide public open spaces
for recreation; ensure land subdivision with installation of ade-
quate and necessary physical improvements; ensure that the citi-
zens and taxpayers of the city will not have to bear the costs
resulting from haphazard subdivision of land and the lack of
authority to require installation by the developer of adequate
and necessary physical improvements; and ensure to the pur~
chaser of land in a subdivision that necessary improvements of
lasting quality have been installed.
B. Conformance rcq~tircd. No subdivision of a tract o~ land
anywhere in the incorporated area of the city shall he created
except in conformance with this division. No subdivision shall be
platted or recorded nor shall any building permit be issued um
less the subdivision meets all the applicable laws of the State of
Florida and has been approved in accordance with the require-
merits of the city as herein established.
~. Mq]or and minor s~bdivisions. All future subdivisions of
land within the corporate limits of the City of Sebastian shall be
1099
.~ 20A-16.1. SEBASTIAN LAND DEVELOPMENT CODE
classified as being a "major" or "minor" subdivision, as defined
herein, and shall be subject to the regulations of this code as they
apply:
1. Minor subdivision. Any subdivision of land meeting the
following conditions: (1) having four (4) lots or less on an
existing street or road; (2) does not require construction of
a new street or road; or (3) does not require an extension of
any off-site improvements.
2. Major subdivisio~r Any subdivision not classified as a minor
subdivision.
D. Adjustments. After consideration and recommendation by
the planning and zoning commission, the city council may autho-
rize adjustments from this chapter when in its opinion undue
hardship may result from strict compliance. In granting any
adjustment, the city council shall prescribe only conditions that
they deem necessary to or desirable for the public interest. In
making its findings, the council shall take into account the na-
ture of the proposed use of land and the existing use of land in the
vicinity, the number of persons to reside or work in the proposed
subdivision and the probable effect of the proposed subdivision
upon traffic, the public health, safety and convenience conditions
in the subdivision and in the vicinity thereof. A fee schedule may
be established by resolution of the city council.
E. Recording of plats. No final plat of any subdivision shall be
entitled to record in the office of the clerk of the circuit court
until it shall have been approved in the manner prescribed here-
in. if any [unapproved] plat is recorded, the city council will
request that it be stricken from the records.
~ F. Unlawful sale or transfer of property. It shall be unlawful
for anyone who is the owner or agent of the owner of any land in
the City of Sebastian to transfer, sell, agree to sell, convey, or
negotiate to sell such land by reference to, exhibition of or other
use of a plat of a subdivision of such land without having
corded an approved subdivision plat is required herein. If such
unlawful use is made of a plat before it is properly approved and
recorded, the owner or agent of the owner of such land shall be
1100
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SUBDIVISION OF LAND
§ 20A-16.3.
Secl 20A-16.3. Minor subdivision procedures.
A. Submission of plat of record. Any subdivider desiring to
create a minor subdivision, as defined in subsection 20A.16.1(C)
herein, shall submit to the city engineer two (2) copies of a plat of
record for the proposed subdivision in conformance with the regu-
lations herein, as prepared by a land surveyor and any other
requirements of Chapter 177, Florida Statutes:
1. Required content~ All plats of record for minor subdivisions
shall be clearly and legibly drawn at a scale of not smaller
than one inch equals two hundred (200) feet and shall
include the following information and any other require-
ments of Chapter 177, Florida Statutes:
(a) The name and address of the owner of the property
being subdivided.
(b) The name and address of the land surveyor who pre-
pared the plat and date of preparation.
(c) All dimensions, expressed in feet and decimals of a
foot, and the North point along with a graphic scale.
(d) The boundaries of the property being subdivided and
of all resulting lots, showing all bearings and dimen-
sions as determined by an accurate survey in the field.
(e) The location and description of all permanent monu-
ments, set at such critical points and so interconnected
and dimensioned that any registered land surveyor
can layout lots in the subdivision correctly by refer-
ring to the plat along without any additional information.
(f) The location and ownership of all adjoining property
and the location, names and widths of all adjoining
streets and easements.
(g) The names, location and widths of any areas'to be
dedicated to public use and any easements to be dedi-
cated for the installation of utilities, all fully dimen-
sioned and identified.
(h) A key map, showing the relative location of the pro-
posed subdivision to the nearest existing arterial street
intersection and the section, township and range and
tie-in to the nearest section corner.
(i) All signatures shall be made in Indian ink on all
prints of the o,iginal plat being submitted.
1103
,~ 20A-16.3. SEBASTIAN LAND DEVELOPMENT CODE
(j) The city council's certificate of approval shall be on
the page of the record which contains the drawing.
2. Fee. Upon submitting the plat of record, the applicant
shall include a fee, which shall be determined by resolu-
tion of the city council, payable to the City of Sebastian.
B. Review procedures. The city engineer shall coordinate the
review of the plat of record for a proposed minor subdivision
within a time period to be determined by resolution of the city
council. The city engineer shah i,fform the developer's engineer
that the submittal does or does not meet the provisions of this
chapter:
(a) Copies of the plat of record shall be distributed to the
planning and zoning commission and the city council.
(b) Subsequent to recommendations made by the city engineer
and the planning and zoning commission, the city council
shall approve the development as a minor subdivision or
require the applicant to proceed under the provisions here~
of governing major subdivisions.
C. Filin~ of the plat. Upon city council approval, the plat of
record for the minor subdivision shall be filed by the applicant
with the city clerk within one hundred ninety (190) days from the
date of approval. Failure to file within one hundred ninety (190)
days 'shall void said subdivision approval.
Sec. 20A-16.4. Mo, jor subdivision procedures.
A. Optional pre-application procedures. Prior to making appli-
cation for preliminary plat approval as specified in subsection
20A-16.4(B), the applicant for subdivision approval may meet
with the city engineer or designated staff review committee (col-
lectively hereinafter referred to as staffl to discuss, informally,
preliminary studies and sketches and their relationship to these
regul, ations. This procedure is not mandatory; however, the pro-
cedures provide an opportunity for the applicant to receive staff
assistance and advice prior to expending funds for preparing a
preliminary plat. Applicants wishing to make pre.application
shall be subject to the procedures as provided herein:
1104
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
July 28, 1995
Mayor, City Council
Dorri Bosworth, Secreta~
Planning and Zoning Comm~sion
J & W Subdivision
At its special meeting of July 27, 1995, the Planning and Zoning
Commission reviewed a revised preliminary plat for a minor
subdivision proposed by Mr. Jerry Smith and Mr. Wayne Firito. Mr.
Barnes made a motion to recommend to City Council to approve the
revised J & W Subdivision based on James Fowler's drawing, Sheet 1
of 2, latest revision date of 7/24/95; and Sheet 2 of 2, revised
6/15/95 and 7/24/95. Mr. Munsart seconded the motion. Roll call
was taken and the motion was unanimously passed.
TO:
FROM:
RE:
MEMORANDUM
Bruce Cooper
Tim William~
J & W Subdivision Plat
Sebastian Lakes Plat
would suggest the following revisions to the above plats:
J & W -
The name of the city should be printed under the name of
the plat [177.091(10) ]
data complies with all the requirements of Chapter 177,
2. The surveyor's certificate should state that the survey
data complies with all the requirements of Chapter 177, Florida
Statutes (177.061)
Sebastian Lakes -
Must contain title certification (177.041)
The surveyor's certificate should state that the survey
Florida
Statutes'(177.061)
3. The ~tatement regarding additional restrictions should
follow the statutory form~ i.e. "Notice: There may be additional
restrictions tha~ are not recorded on this plat that may be found
in the Public Records of this county."
T~fmcl
k[V]~ MASTELLER & MOLER, INC ....
~ ................... ,~. -' ,, .~L., .,-_' :~/. ~... , ,
1255 MaM S~e,t
Sebastia~ Florida 32958
Review of Preliminarj' Plat
J&W Subdivision
Sebastian, Florida
MM Project No. 9531HA
Dear Mr. Cooper:
As requested by your office in a letter to Masteller & Moler, Inc. on May 3 I., 1995, we
have reviewed the above referenced plat. We have been furnished with a copy of the
revised plat entitled: J&W Subdivision, a Replat of Tract B, Sebastian Highlands, Plat
Book 5, Page 14; prepared by .lames A. Fowler, Land Surveying Company, dated May 26,
1995. Our review was performed in accordance with the City of Sebastian, Land
Development Code, Section 20A-16.3, and Chapter 177 oft he Florida Statutes.
Based on our review of the revised documents, we recommend that the Plat be forwarded
to the Planning and Zoning Comm/ssion for approval. We appreciate the oppommity to
continue to serve as your consulting engineer. If you have any comments or concerns,
please do not hesitate to contact our office.
incerely, ~,
1 MOLER, INC.
Devo'WS. Rus] xtell, P.E.
Vice Presidem Brevard Operations
DSR/kh
File #9531HA
(mm#4079)
1623 N. U.S. Highway 1, Suite B2
Sebastian, FL 32958
(407) 589-48OO
(4O7) 589-2742 Fax
7380 Murroll Road, Suite 106
Melbourne, Florida 32940
(407) 255-1175 /
(407) 253-4439 Fax //_)]
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
BUDGET WORKSHOP
WEDNESDAY, AUGUST 2, 1995 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Firtion called the budget workshop to order at 6:30 p.m.
2. ROLL CALL
Ci,ty Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwr/ght
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Clerk, Kathryn O'Halloran
Finance Director, Joel Haniford
Director of Community Development
Brace Cooper
PW Director, Richard Votapka
Hman Resources Director, Wendy
Widmann
Golf Course Pro/Manager, Patrick Cerjan
Airport Director, John Van Antwerp
Deputy City Clerk, Sally Maio
Budget Workshop
August 2, 1995
Page Two
199511996 FISCAL YEAR BUDGETREViEW
The City Manager gave a brief opening statement and the Finance Director
explained the procedure use to arrive at property tax revenue needed.
The City Manager reviewed anticipated revenues, noting that the Cemetery
revenues may increase due to transfer of trust fund moneys for capital
improvements.
Le~slafive 10-511
No changes were made to the proposed Legislative budget.
Ci~ Manager - 11-512
Discussion took place on the proposed Assistant to the City Manager.
Mrs. Cart-wright requested a breakdown of figures by employee with and
without the lump sum.
TAPE I - SIDE II (7:20 p.m.)
Mrs. Cartwright suggested an evaluation of Charter officers.
No changes were made to the proposed City Manager budget.
Ci_ty Clerk - 12-512
The City Manager said he had changed the Clerical Assistant I rifle to
Information Specialist removed election funds from City Clerk to the non~
departmental fund.
He advised City Council that the workshop was a courtesy review and that
th/s was the only chance to make changes prior to submittal of the fm...__.~
~ at the fir~st meetin~.__g in August.
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Budget Workshop
August 3, 1995
Page Three
Discussion took place on department head salaries.
Options were considered as follows:
2.
3.
4.
5.
5% Lump Sum - Annual COLA
5% Across the Board - COLA'in July
No Increase - Only COLA in July
5% Lump Sum Only
3% Increase - COLA in July
5% Lump Sum - No COLA
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwri~t - nay
Mrs. Damp - nay
Mr. Halloran - aye
Mayor Firtion - nay
MOTION FA/LED 2-3 (Cartwright, Damp, Firtion - nay)
3% Salary. Increasew/COLA
Following a brief discussion, Mrs. Cartwright withdrew this option.
0-_5% Salary_ Increase w/COLA
ROLL CALL:
Mrs. Cam~ght - aye
Mrs. Damp - nay
Mr. Halloran - aye
Mayor Firtion - nay
Vice Mayor Corum - nay
MOTION FA/LED 2-3 (Damp, Firtion, Corum - nay)
Budget Workshop
August 2, 1995
Page Four
No Increase - COLA Only
ROLL CALL: Mrs. Damp - aye
Mr. Halloran - aye
M,,~y6/:-F-~n~n~ - aye
V/ice Mayor Corum~ , - aye
MOTION CARRIED 5-0~
Mrs. Cartwdght suggested that a PC rather than a laptop be considered.
The City Clerk expressed appreciation and said a decision might depend on
whether the new Council Chambers are built.
No changes were made to the City Clerk proposed budget.
Finance Department - 13-513
Discussion took place on keeping payroll in-house.
No changes were made to the Finance Department proposed budget.
Legal - 14-514
No changes were made to the Legal proposed budget.
Police Der~artrnent - 15-521
'~,Vice Mayor Cutu~n suggested that the new clerical assistant I position
/
Mrs".'X,'~,.art-wright saint/that overtime and operating expenses seem high
compar~d~~agencies"~" ' and requested they be reviewed.
TAPE II - SiDE i (8:08 p.m.)
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Budget Workshop
August 2, 1995
Page Five
Discussion took place on uniform costs and switching to 800 MHZ
equipment.
The City Manager said he had authorized Chief Petty to pursue federal
COPS funding.
Mrs. Cartwright inquired about the stares of non-department head non-
union employees. The City Manager noted they are proposed to receive
step increases and COLA. Council concurred.
Human Resources - 16-513
Discussion took place on the proposed assistant.
No changes were made to the proposed Human Resources budget.
Community. Develor~ment - 18-524
Vice Mayor Corem suggested reducing the Code Enforcement Officers to
one.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - nay
Mrs. Cartwfight - nay
Mrs. Damp - nay
Vice Mayor Corum - aye
FAILED 2-3 (Firfion, Cartwright, Damp - nay)
The new City Planner position was discussed.
The City Manager said he may eliminate or reduce the Emergency
Management budget.
TAPE II - SIDE II (8:55 p.m.)
Budget Workshop
August 2, 1995
Page Six
Administration/Engineefin g~ 22-540
The Public Works Director justified his request for a Project Coordinator
position and CAD system and a lengthy discussion followed.
Mayor Firtion recommended not buying the CAD system or funding the
new position.
The Finance Director noted that if the position is not funded, the employee
will need to be added back in Roads and Drainage.
A vote of City Council was taken as follows:
Mr. Halloran - no to CAD and no to Project Coordinator
Mrs. Caxtwright o no to CAD and no to Project Coordinator
Mrs. Damp - no to CAD - yes to Project Coordinator
Vice Mayor Corum - yes to CAD and yes to Project Coordinator
Mayor Firtion - no to CAD and no to Project Coordinator
The CAD and new position were eliminated from the proposed budget.
Roads and Drainage - 23-541
It was noted that the employee discussed above will be added to Roads and
Drainage.
TAPE III - SIDE I (9:50 p.m.)
Mayor Firtion requested a consensus on the backhoe purchase.
ROLL CALL:
Mr. Halloran - nay
Mrs. Cartwright - nay
Mayor Firtion - nay
Mrs. Damp - aye
Vice Mayor Corem - nay
FAILED 1-4 (Halloran, Cartwd~t, Firtion, Corem - nay)
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Budget Workshop
August 2, 1995
Page Seven
Vice Mayor Corem later noted that she had misunderstood the vote and
should have voted in the aftru'mative to purchase the backhoe.
Vice Mayor Corem requested a poll on purchase of the lowboy trailer.
ROLL CALL:
Mrs. Damp - nay
Mr. Halloran - nay
Mrs. Cartwright - nay
Mayor Firtion - nay
Vice Mayor Corum - nay
FAILED 5-0
Building Maintenance - 24-519
Vice Mayor Corem recommended deletion of the proposed new
Maintenance Worker I position at this time and a vote was taken.
ROLL CALL:
Mr. Halloran
Mrs. Cartwd~t
Mayor Firfion
Vice Mayor Corum
Mrs. Damp
- nay
- aye
- aye
- nay
CARRIED 3-2 (Cartwhght, Damp - nay)
Central Garage - 25-549
The City Manager explained the advantage of the City maintaining its own
gasoline supply.
Mrs. Cartwright questioned whether there had been a previous purchase of
RISC 6000 computer software for the garage.
Vice Mayor Corum recommended certain reclassifications.
7
Budget Workshop
August 2, 1995
Page Eight
Discussion continued relative to a reorganization of maintenance methods,
inventory control, training, and gasoline distribution.
Mayor Firfion inquired about staff utilizing City vehicles at night and said it
bears future discussion.
No changes were made to the proposed Central Garage budget.
Parks andRecreation - 26-572
Mrs. Cartwfight recommended against the Recreation Supervisor and
requested a vote be taken on funding the position.
ROLL CALL:
Mr. Halloran - nay
Mayor Firtion - nay
Vice Mayor Comrn - nay
Mrs. Damp - nay
Mrs. Cartwright - nay
CARRIED 5-0
Mrs. Cartwfight requested a vote be taken on the new laborer position.
ROLL CALL:
Mrs. Damp - nay
Vice Mayor Corum - nay
Mayor Firfion - nay
Mrs. Cartwright - nay
Mr. Halloran - nay
CARRIED 5-0
Vice Mayor Corem suggested that improved landscaping methods could
save money on fertilizers.
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Budget Workshop
August 2, 1995
Page Nine
Cemetery.: 27-539
The City Manager reiterated that revenues may increase due to inclusion of
trust fund moneys.
TAPE III - SIDE II (10:20 p.m.)
Golf Course Enterprise Fund - Administrative Expenses 40-572
The City Manager explained his proposal to eliminate three part-time
cashier positions and fill them with a head pro and assistant pro.
Mrs. Cartwright said the Golf Course Pro/Manager's contract requires him
to hire his own personnel.
The City Manager stated that the pros would be City employees.
MOTION by Damp/Corem
I move to extend the meeting to 11:00 p.m.
ROLL CALL:
Mr. Halloran - aye
Mrs. Camvfight - aye
Mayor Firfion - aye
Vice Mayor Corem - aye
Mrs. Damp - aye
CARRIED 5-0
Discussion continued on the proposed positions.
Vice Mayor Corum concurred with the two new pro positions and a vote
was taken on whether to leave the positions as proposed.
ROLL CALL: Mrs. Damp - aye
Mayor Firtion - aye
Mrs. Cartwright - nay
Mr. Halloran - aye
CARRIED 4-1 (Vice Mayor recommended approval)
9
Budget Workshop
August 2, 1995
Page Ten
Aim_off Enterprise Fund - ~0~42
The City Manager reported that he was awaiting word from Fish and
Wildlife regarding Airport Road West.
Mayor Firtion recommended that Council consider not funding the position
of Airport Manager and inquired whether the City Manager could handle
the responsibilities of the position.
The City Manager said he could, however, he would not be able to give as
much time to his other responsibilities.
TAPE IV - SIDE I (10:55 p.m.)
The Airport Director inquired why his position was being considered for
cutting and stated that the airport needs a professional.
MOTION by CortmffDmp
I move to extend the meeting fifteen minutes.
ROLL CALL: Mrs. Cartwright - nay
Roll Call was suspended since unanimous vote is required to extend.
Mayor Firtion adjourned the budget workshop at 11:00 p.m.
10
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
BUDGET WORKSHOP
THURSDAY, AUGUST 3, 1995 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK-
122.5 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Firtion called the budget workshop to order at 6:30 p.m.
2. ROLL CALL
City_ Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwfight
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Clerk, Kathryn O'Halloran
Finance Director, Joel Haniford
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
CONTINUATION OF 1995/1996 FISCAL YEAR BUDGET REVIEW
Airport - 50-542 Continuation
The Airport Manager continued his presentation relative to the City
Council's proposal not to fund the Airport Manager position.
Budget Workshop
August 3, 1995
Page Two
Mayor Firtion asked for a vote on his proposal and the City Clerk reiterated
that the proposal was to "not fund position of Airport Manager".
ROLL CALL:
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firfion - aye
CARRIED 5-0
The City Manager, in response to Vice Mayor Corum, explained that there
should only be one line item of $468,000 in capital outlay for overlay of the
nmway and the west road.
Cemete _ry (Expendable Trust) Fund
The City Manager explained that trust fund interest can be appropriated for
capital improvements.
Vice Mayor Corem inquired whether a portion of the mast funds can be
used for cemetery maintenance. The City Manager said he would have to
review this with the City Attorney.
Mrs. Damp inquired whether the land on the west could be sold.
Law Enforcement Confiscated/Abandoned Property. (Expendable Trust)
Fund
No change.
Law Enforcement Education & Training (Expendable Trust) Fund
No change.
Public Safety. Employees Benefit & Welfare~Tmst Fund
No change.
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Budget Workshop
August 3, 1995
Page Three
General Government Employees Benefit & Welfare Trust Fund
No change.
Non,D_epartmental 30-590
The City Manager explained the purpose of this fund to place items for
which department heads have no control. Discussion of the fund followed.
TAPE IV - SIDE II (6:55 p.m.)
Mrs. Cartwright inquired whether equipment deletions made last night
affect fund 640.
Vice Mayor Corem suggested waiting one more year for three detective
vehicles, thereby freeing up funds for the backhoe.
A discussion followed on the importance of police vehicle performance and
alternatives to purchase of the backhoe. The City Manager advised that if
the purchase is approved, it would have to be bid and questioned whether
the City wanted to buy used equipment.
The Finance Director noted that the CAD in the mount of $10,000 was
deleted last night, thereby decreasing the 640 expenditure.
The City Manager listed those items in each department's capital outlay
which are included in the non-departmental 640 fund.
MOTION by Damp/Corum
I recommend the loader/backhoe combination purchase at
approximately $57,000 and to go out to bid.
There was discussion of the lowboy trailer in the mount of $25,000 was
deleted last night.
Mr. Halloran inquired when the use City vehicles and the creation of a
motor pool will be discussed.
Budget Workshop
August 3, 1995
Page Four
The Assistant Public Works Director arrived at the meeting and responded
to questions from Council on the backhoe.
TAPE V - SIDE I (7:28 p.m.)
Discussion continued capital improvements and allocation of funds for the
backhoe.
(Vice Mayor Corem seconded the motion at this time)
ROLL CALL:
Mrs. Cartwright - nay
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 4-1 (Cartwright - nay)
Mrs. Cartwright suggested allocating additional moneys for street paving
for a total of $200,000 and a vote was taken.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
The City Manager suggested that City Council and the media take a field
trip to survey the condition of City streets.
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Budget Workshop
August 3, 1995
Page Five
ORAI:'T
Ci_ty Manager Budget
A vote was taken on the Assistant to the City Manager position.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwdght - aye
Mrs. Damp - aye
MOTION CARR/ED 5-0
The City Manager requested that Council readdress department head
salaries.
TAPE V - SIDE II (8:00 p.m.)
Mrs. Cartwright recommended 0-3% salary increase on anniversary date of
City employment with COLA in July.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corem - nay
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - nay
MOTION CARRIED 3-2 (Corum, Halloran - nay)
It was noted that the increase includes the City Manager and City Clerk,
however, Mrs. Cartwright said Council needs to evaluations for them.
Mrs. Cartwright inquired whether she could discuss the audit report but was
advised to wait until it is formally presented by the auditors on August 9,
1995.
4. Mayor Firtion adjourned the workshop at 8:15 p.m.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 9, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33)
1. Mayor Firfion called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
No one was available for Invocation.
City_ Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Regular City Council Meeting
August 9, 1995
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager requested that Resolution No. R-95-47, correcting R-88-
53 which erroneously vacated an easement for Lots 10 & 11, Block 192, be
placed on the agenda as New Business item E and distributed backup.
The City Attorney advised that New Business item D should be handled as
quasi-judicial since it is a site plan extension request.
MOTION by Corem/Drop
I move to add item E which is item R-95-47 to New Business.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firfion - aye
MOTION CARRIED 5-0
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
95.134
A. Presentation of Plaque - Employee of the Ouarter
Mayor Firtion presented a plaque and bond to Rita Grainger, Employee of
the Quarter.
95.135
B. Presentationx~f Plaque - Keith Miller - Construction Board
Mayor Firtion presented a plaque to former Construction Board member
Keith Miller.
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Regular City Council Meeting
August 9, 1995
Page Three
95.136 C.
Proclamation - "No Barriers Week" - Au~m~st 13-19. 1995 ~
Requested by HEALTHSOUTH Treasure Coast Rehabilitation
Hospital - Eileen Kiesel
Mayor Firtion presented a proclamation to Eileen Kiesel commemorating
"No Barriers Week". Ms. Kiesel addressed the audience.
7. PRESENTATIONS
95.137
Hoyman. Dobson & Co. - Presentation of Audited Report - Fiscal
Year Ending 9/30/94 (Finance. Director Transmittal datedT/31/95.
Audited Financial Statement)
Tom Kirk, Audit Director for Hoyman, Dobson & Co., presented the audit
report for the City of Sebastian fiscal year ending September 30, 1994.
MOTION by Damp/Halloran
I would like to move to acknowledge the receipt of the audited
financial statements that are presented to us and also to amend the current
contract with you (Hoyman, Dobson & Co.) and to include to the year of
1995.
Mrs. Cartwdght inquired whether amending the contract at this time was
proper. The City Attorney advised that the motion be separated.
MOTION by Damp/Halloran
I move to acknowledge the receipt of the audit report f'mancial
statement for the year ending September 30, 1994.
ROLL CALL:
Mrs. Cartwdght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5~0
Regular City Council Meeting
August 9, 1995
Page Four
MOTION by Damp/Halloran
I move to grant and to amend the current contract with Hoyman,
Dobson & Co. to include up to the year of 1995 for the next audit.
The City Manager said he would negotiate a price with Hoyman, Dobson
and report back to Council.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firfion - aye
Vice Mayor Corum - nay
Mrs. Cartwright - aye
MOTION CARRIED 4-1 (Corum - nay)
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City Council.
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Regular City Council Meeting
August 9, 1995
Page Five
95.013 A.
ORDINANCE NO, 0-95-19 - Accessory Buildings (Director of
Community Development Transmittal dated 8/3/95, O-95-19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES,
REGULATING ACCESSORY BUILDINGS, PROVIDING
DEFINITIONS, PROVIDING FOR SEVERABiLITY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING
FOR AN EFFECTIVE DATE. (Discussion 5/24/95, 1st Reading 6/14/95,
Advertised Legal Notices 6/28/95, PH 7/12/95, Readvertised 7/26/95, PH
8/9/95)
Mayor Firtion opened the public hearing at 7:35 p.m. and the City Attorney
read Ordinance No. 0-95-19 by title only.
The Director of Community Development gave a brief presentation and
recommended adoption.
Mayor Firtion closed the public hearing at 7:36 p.m.
MOTION by Cartwdght/Corum
I move to adopt Ordinance O-95-19.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
5
Regular City Council Meeting
August 9, 1995
Page Six
95.043 B.
ORDINANCE NO. 0-95-20 - Occupational License Fee
Amendment (City Clerk Transmittal dated 8/3/95, 0-95-20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 30, SECTION 30.51,
ARTICLE H, OF THE CODE OF ORDINANCES; REVISING THE
OCCUPATIONAL LICENSE TAX FEE SCHEDULE; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 7/12/95, Advertised Legal Notices 7/26/95, PH 8/9/95)
The City Attorney read Ordinance No. 0-95-20 by title only and Mayor
Firtion opened the public hearing at 7:38 p.m.
Nancy Offutt, Government Affairs Coordinator, Realtor Association of
Indian River County, requested that real estate salespersons be exempted
from the occupational license requirement, due to the fact that in
accordance with state law they are prohibited to operate their own business.
TAPE I - SIDE II (7:48 p.m.)
Ms. Offutt was advised that the amendment being considered tonight did
not involve real estate fees, however, she was advised to contact the City
Clerk for review by the Equity Study Commission for recommendation to
City Council.
Mayor Firtion closed the public heating at 7:54 p.m.
MOTION by Cartwright/Halloran
I move to adopt Ordinance 0-95-20.
Mayor Fktion requested that the fees for cosmetologists and manicurists to
be reviewed for fee inconsistency.
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Regular City Council Meeting
August 9, 1995
Page Seven
ROLL CALL:
Mayor Firfion
Vice Mayor Corum
Mrs. C~twright
Mrs. Damp
Mr. Halloran
- aye
~ aye
- aye
- aye
MOTION CARRIED 5-0
9. QUASI-JUDICIAL PUBLIC HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39):
Mayor Opens Hearing-Outlines Rules
Clerk, Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - 15 Minutes
Inquiry of Applicant
Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony. 3 Minutes or 10 Minutes if Representing 5 or
More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff lnquiry
95.138
Special Use PermitRequest- Skydive Sebastian - Allow Overnight
Camping at Overflow Parking Areaas Accessory_ Use - 400 West
Airport Drive (Director of Community. Development Transmittal
dated 8/1/95. Application. Mosby Letter dated 6/21/95. Petty_ Memo
dated 7/3/95. Van Ant~erpMemo dated 7/5/95. P & Z MemO dated
7/7/95. HRS Letter dated 7/21/95. Plan Under Separate Cover]
Regular City Council Meeting
August 9, 1995
Page Eight
The Director of Community Development reported that the applicant and
his representative were unable to attend the meeting and that they had
requested the hearing be continued to August 23.
The City Attorney advised that the burden of proof is on the applicant but
the fmal decision is up to City Council.
The City Clerk noted that the code requires 15 days notice.
MOTION by Cartwfight/Damp
I'd like to postpone it or continue it to the first available date to
comply with advertising.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
The City Manager stated that the next available date was September 13,
1995.
10.
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
Approval of Minutes - 7/19/95 Special. 7/26/95 Regular
The City Manager read the consent agenda.
MOTION by Caxtwhght~amp
I move to approve item A of the Consent Agenda.
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Regular City Council Meeting
August 9, 1995
Page Nine
ROLL CALL:
Mrs. Canwright
Mrs. Damp
Mr. Halloran
Mayor Firfion
Vice Mayor Corem
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
11. COMMITTEE REPORTS/RECOMMENDATiONS
None.
12. OLD BUSINESS
None.
13. NEW BUSINESS
95.139 A.
~acation of Easement Application - Lot 2. Block 74. Sebastian
Highlands Unit 2 (City Clerk Transmittal dated 8/3/95. Sec. 90-129.
Craven. Thompson Letter. Application. Survey_Utility and Staff
Letters. FPL Survey. R-95-44)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING A PORTION OF THE EASEMENT LOCATED
IN THE SOUTH FIVE FEET OF LOT 2, BLOCK 74, SEBASTIAN
HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-34, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING FOR AN
EFFECTIVE DATE.
Regular City Council Meeting
August 9, 1995
Page Ten
The City Attorney read Resolution No. R-95-44 by title only.
The Director of Community gave a brief presentation noting
recommendations from FPL and Craven, Thompson.
The City Attorney stated he had distributed a maintenance agreement to be
signed by the property owner in this case which will mn with the land. He
cautioned against expectations of utilizing hold harmless agreements
because there is ultimately very little meaningful indemnification.
The City Manager reported that there will be a meeting at which John Hill
will address builders relative to vacation of easement policies.
MOTION by Damp/Halloran
I move that we approve only the encroached area of the subject
easement be vacated and that a maintenance agreement be obtained from
the property owner and adopt Resolution No. R-95-44 in accordance with
the above.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 8:10 p.m. and reconvened the meeting at 8:20
p.m. All members were present.
95.098
Bo
Craven Thompson Work Tasks - Supplemental A_m'eements (CJ[y
Manager Transmittal dated 8/1/95. Scope Description & Fee. Basis.
Sup9lemental A~eements 1-4)
A brief discussion took place on proposed supplemental agreements for
both engineering consultants.
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Regular City Council Meeting
August 9, 1995
Page Eleven
Mrs. Cartwright inquired why Masteller and Moler would do drainage work
and suggested that their task in supplemental agreement/32 should be made
a part of supplemental agreement #5 and that staff should prepare
ordinances.
95.098
MOTION by Halloran/Cartwright
I move that we authorize the consulting engineering finn to proceed
with the work task assignments as outlined with supplemental agreements
1 - 4 for an amount not to exceed a total of $15,660.
ROLL CALL:
Mayor Firfion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
Masteller.& Moler. Inc. Work Tasks - Supplemental A~eements
(Ci _ty Manager Transmittal dated 8/1/95. Supplemental A_m'eements
1-4~
MOTION by Cartwhght/Comm
I move to authorize Masteller & Moler, Inc. to proceed with work
task assignments as outlined with supplemental agreements 1, 3, 4 and 5 for
an amount not to exceed a total of $40,000.
Discussion followed on the omission of supplemental agreement from the
motion. Mrs. Cartwright reiterated her recommendation to have staff
prepare ordinances.
ROLL CALL:
Vice Mayor Corem - nay
Mrs. Cartwright - aye
Mrs. Damp ~ nay
Mr. Halloran - aye
Mayor Firtion - nay
MOTION FAILED 2~3 (Corum, Damp, Firtion - nay)
11
Regular City Council Meeting
August 9, 1995
Page Twelve
MOTION by Damp/Corum
I make a motion to authorize Masteller and Moler, Inc. to proceed
with the work task assignments as outlined in agreements 1 - 5 for an
amount not to exceed $45,000.
ROLL CALL:
Mrs. Cartwdght - nay
Mrs. Damp - aye
Mr. Halloran - nay
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 3-2 (Cartwright, Halloran - nay)
95.140
Richard Fey - Reouest for Site Plan Time Extension, Channel 68
Marina (Director of~2ommunity Development Transmittal dated
7~27/95LFey Letters dated 7/14/95 and 7/21/95)
Mayor Firtion opened the quasi-judicial hearing at 8:37 p.m.
The Director of Community Development advised that the applicant was
not present.
Discussion followed as to whether or not the heating should be continued.
The Director of Community Development went on to explain that the site
plan expired July 21, 1995, however, application for extension was
submitted prior to expiration.
TAPE II - SIDE I (8:50 p.m.)
Mayor Firtion ran down the quasi-judicial procedures list, however, there
was no public input and he closed the public hearing at 8:51 p.m.
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Regular City Council Meeting
August 9, 1995
Page Thirteen
MOTION by Halloran/Corum
I move that Council grant a time extension for Richard Fey of six
months from site plan approved on July 21, 1994 pursuant to Land
Development Code Chapter 10.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cmwfight - aye
MOTION CARRIED 5-0
E. Vacation of Easement - Resolution No. R-95-47
The Director of Community Development said staff had received the
necessary non-objection letters from the utilities late today and distributed
backup information to City Council tonight.
The City Attorney read Resolution No. R-95-47 by title only and advised
that the easements originally vacated by R-88-53 will have to be
rededicated to the City by a quit claim deed.
MOTION by Corem/Damp
I move Council adopts Resolution No. R-95-47 and have it effective
upon the owner and all parties who have an interest in the property,
conveying back to the City of Sebastian easements which had been
erroneously vacated in the earlier resolution.
ROLL CALL:
Mr. Halloran - aye
Mayor Firfion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
August 9, 1995
Page Fourteen
14.
15.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Sal Neglia, 461 Georgia Boulevard, Sebastian, suggested evaluations be done for
all department heads and Charter officers.
Walter Barnes, 402 Azine Terrace, Sebastian, requested a fish cleaning table at the
Yacht Club and inquired about U.S. 1 median landscaping.
CITY£OUNCIL MATTERS
Mr, Raymond Halloran
None.
B.
None.
C.
Mayor Arthur Firtion
Vice Mayor Carol.vn Corum
Vice Mayor Corum recommended a Riverfront Task Force be established to
come up with architectural standards for the riverfront.
The City Manager advised that the City is still awaiting word on the
Community Redevelopment Block Grant, however, it would not hurt to
move forward with architectural design.
Mayor Firtion suggested that the Director of Community Development
place an item on the next Planning and Zoning Commission agenda and
determine if they are willing to handle the task.
Vice Mayor Corem expressed concern for future vacations of easements.
D. Mrs. Louise Cartwright
Mrs. Cartwright recommended that staff review Section 20A-10.5 regarding
site plan extension for clarification. City Council concurred.
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Regular City Council Meeting
August 9, 1995
Page Fifteen
E. Mrs. Norma Damp
John Hill elaborated on an informal briefmg scheduled for tomorrow with
builders, surveyors, and Indian River County Health Dept. at the request of
Mrs. Damp.
16. CiTY ATTORNEY MATTERS
None.
17. CITY MANAGER MATTERS
The City Manager advised that all should pay attention to the course of
Tropical Storm Felix on Sunday and announced that those people involved
in preparation for Hurricane Erin would have Friday afternoon off.
18.
Being no further business, Mayor Firtion adjourned the Regular Meeting at
9:25 p.m.
Approved at the
Meeting.
1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
15
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Community Center for
Dancemania Ill & IV
APPROVED FOR SUBMITTAL BY:
City Manager:
] AGENDA NO.
]
Dept. Origin :__City Clerk -
Date Submitted:__August 8, 1995
For Agenda Of: __August 23, 1995
Exhibits:
AppLication Received 8/4/95
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
............. SUMMARY STATEMent' ....
The City of Sebastian has received a request from Margo Giacobbi of the Sebastian
Jaycees. She is requesting permission to use the Community Center on September 22, 1995
from 6:00 PM to 10:00 PM and again on December 15, 1995 from 6:00 PM to 10:00 PM
for fund raising teen dances and benefit.
They are also requesting approval to charge an admission fee per Section 7 of Resolution
No. R-94-50 (copy attached). The fee will be $2.50 per teen or a reduced fee of $4.00 for
two teens from the same family.
The required security deposit of $250.00 is on hold from the last function at the request of
the applicant. A rental fee of $62.50 will be due before each of the events. 501C Number
7040 has been issued by the Internal Revenue Service.
This event was approved and held on March 24, 1995 and June 23, 1995.
RECQMMI~NDI~D ACTION
Move to review and discuss request and act accordingly.
B. Each additional hour - $7.50; and
C. Kitchen privileges - $25.00
The Sebastian Property Owners Association is exempt from payment of
fees up to a limit of two meetings per month.
SECTION 5. NON-RESIDENT ~ATES: In the event that the
permittee is ~ot a resident of the City of Sebastian, an additional
fee of Twenty Five Dollars ($25.00) shall be assessed.
SECTION 6. NOT-FOR-PROFIT ORGANIZATIONS: In the event
that the applicant is a school, church, or other tax exempt entity, as
defined by the Internal Revenue Service Code, the charges for use of
the Sebastian Community Center or the Sebastian Yacht Club shall be
one-half (1/2) the regular rate.
SECTION 7. COMMERCIAL USE PERMITTED PROHIBITED: Neither the
Sebastian Community Center nor the Sebastian Yacht Club may be used
for any commercial activity. Such facilities shall not be used for
any profit making activity except by a religious, political,
charitable, not-for-profit, or tax exempt entity. Any admission fee,
entrance fee, cover charge, food or beverage charge, or any other fee,
charge, or donation associated with the use of the Yacht club or
Community Center must be approved by action of the City Council.
SECTION 8. CITY COUNCIL CHAMBERS: No organization or group
may use the city Council Chambers for the purpose of conducting a
meeting or any other use unless such organization or group is an
agency, board, committee, organization or unit of local, state or
federal government, or a public official who is conducting official
business. The City Council Chambers shall be used exclusively for
the purpose of conducting governmental business by the City, its
i
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
IiDATE: .'~-~ .~- q '-~' [~ C~OMMUNITY CENTER [
N~me ~
~ddmss
IName of Organization or Group ff Applicable:, qJw~Z,~-~ ,TC,-?('_-,:f~.E '
Reason for Rental: ~;..~C" ~F'X'£/YlT~9~',,9 ~ Approx # of Persons Attending F'q. vent: ~P O
Time of Dc5': From ~.~ ,~ .~.
To: ]D .~-,oq
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorations be put up?
4) Will there be an admission or door charge?
5) Will alcoholic beverages be served?
(a) If answer to #5 is Yes, Permittee's Proof of Age:_
(b) If alcohol is to be served, perrmssion is required by City Council. Your request will be presented to
Counc/l on
IMc~ke Checks Payable to: CITY OF SEBASTIAN
'"',qPECI,AL NOTE: A service fee of 5% or $9.0.00 (whichever is greater) may be charged for any
dishonored check per ~orida State Statute 166.251.
OFFICE USE
ONLY
Security Deposit Paid On
I Date C~sh Check Initials
Rental Fee Paid On
Date Cczsh Check [mticfls
~dcohol Beverage Request heard at the Council Meeting on APPROVED/DENIED
_Key' Pickup Date
IS_ecurity Deposit Returned By City Check No.
~LJomments:
Key Return Dante
in the amount of
on
City of Sebastian
122.~ MAIN STREET g SEBASTIAN, FLORIDA32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: REQUEST FROM SEBASTIAN
LIONS CLUB TO USE RIVERVIEW PARK
Approved For Submittal By:
City Manager
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
8114/95
8123/95
A1 Zuhowski letter of 8/4/95
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The Sebastian Lions Club is again requesting permission from the City
Council to utilize Riverview Park on Saturday, November 4, 1995, for a
steak dinner fundraiser. The pavilion area is requested from 9:00 a.m to
6:00 p.m., and the applicant has requested the use of electric.
Please note that the Craft Club has already received permission to use the
park on that date. These groups have shared the park in the past and
benefit each other. Mr. Bates, President of the Craft Club, has stated
this is agreeable to him.
Unless otherwise stipulated by City Council, the following are established
rules for use of Riverview Park:
1. $100.00 Security Deposit
2. No vehicles in the park.
3. Applicant to provide sufficient waste receptacles and
clean up after event.
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
7. Applicant must contact and receive approval from the Health
Department regarding the sale of food.
RECOMMENDED ACTION
Move to approve the request from Sebastian Lions Club to use Riverview
Park on November 4, 1995, with electric and standard conditions.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: RECOMMENDATION FROM
PLANNING AND ZONING COMMISSION
REGARDING BARBED WIRE FENCES
Approval for Submittal By:
City Manager
) Agenda Number, ~/'~//~
)
) Dept. Origin: Communitv Development
)
) Date Submitted: ....
)
) For Agenda Of:
)
) Exhibits:
)
)
)
)
)
)
8/15/95
8/23/95
1. Memo dated 5/17/95 from
Bruce Cooper
2. Memo dated 5/19/95 from
Planning and Zoning
Secretary
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Planning and Zoning Commission received a request from a local fence
contractor and developer to amend the Land Development Code regarding
barbed wire fences. Currently, the code specifies that the lower strand
of barbed wire is not to be placed lower than 6 feet, 6 inches from the
ground nor angled outward. Apparently, the normal manufacturer of these
brackets for barbed wire cannot meet the specific distance requirement
from the ground. Therefore, it would be impossible for them to comply
with the existing ordinance.
The proposed language will provide for barbed wire to be placed on
fences at a minimum 6 feet in height with not more than three strands of
barbed wire. If the barbed wire is angled outward, the fence structure
shall be erected from the property line a sufficient distance to insure
that the barbed wire is contained on private property.
Due to a recent appeal/variance through the Board of Adjustment
regarding an earth berm, staff would request the attorney to advise
whether or not the fence ordinance should be amended to be consistent
with the decision from the appeal. The Planning and Zoning Commission
Agenda Cover Sheet
Barbed Wire Fences
Page Two
did not want to recommend the allowance of earth berms in the
residential districts.
The Planning and Zoning Commission is also recommending that some
language be provided to allow some minor variation in the maximum height
of a fence. Recently, due to a neighborhood squabble, this department
received a complaint that the neighbor's fence was constructed as 6
feet, 1-1/2 to 2 inches in height. Due to small variations in grade, a
6' fence could be 6'2" depending where it is measured.
RECOMMENDED ACTION
Move to direct the city attorney to draft an ordinance regarding the
Planning and Zoning Commission recommendation on fences.
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
May 17, 1995
TO:
FROM:
REFERENCE:
Planning and Zoning Commission
Bruce Cooper ~
Director of Community Developme
Proposed Amendment to Fence Ordinance
The following would be my recommendations to the City Council to
amend the fence ordinance:
Section 20A-5.9.B Trues of fences and walls uermitted. - Add
the following:
7. Earth Berms
2. Section 20A-12.2 Definition of Terms - Amend the following:
Fence or wall A = .... ~- ~ ............ = Any material
or combination of materials erected for confinement,
screening or partition purposes.
Section 20A-5.9.F Prohibited fences and walls. - Amend the
following:
Barbed wire fences. Barbed wire fences may be permitted
by the Planning and Zoning Commission in commercial and
industrial districts if the proposed fence is a minimum
of six (6) feet and a maximum of eight (8) feet in height
and topped with barbed wire of not more than three (3)
strands.
~-~- ~- ~ ......... ~ ...... ~ ......... ~ if the barbed
wire is angled outward, the fence structure shall be
erected from...~h~ property line a suffix.lent distance to
insure the barbed wire is contained on private propertv.
Thank you.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
May 19, 1995
Mayor, City Council
Dorri Bosworth, Secreta .~.
Planning and Zoning Com~sion
Amendment to the Land Development Code -
Barbed Wire Fences
At its regular meeting of May 18, 1995, the Planning and Zoning
Commission approved a motion to recommend to City Council to amend
Section 20A-5.9.F of the Land Development Code.
After a discussion regarding a memorandum from Mr. Cooper dated May
17, 1995 (attached), Mr. Fischer made a motion that "the Planning
and Zoning Commission recommend to City Council that they amend the
fence ordinance with the changes proposed in a memo from Mr. Bruce
Cooper dated 5/17/95, pertaining only to the changes to Section
20A-5.9.F, and also to have the city attorney draft language to be
included in the fence section that allows for some discretion in
regards to fence heights." Mr. Munsart seconded the motion. The
Commission voted unanimously 7-0.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Costa/Culvert Pipe
Approval For Submittal By:
City Manager (~E~
AGENDA NO.
Dept. Origin: City Manager
Date Submitted:08/17/95
For Agenda Of.' 08/23/95
Exhibits:
- Letter Dated 06/09/95 To David
Costa From Richard Votapka
-Excerpts of 05/24/95 City Council
Meeting
-Letter Dated 03/08/95 To David
Costa From Bruce Cooper
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
Mr. and Mrs. Costa received a letter from Bruce Cooper dated March 8, 1995, regarding
replacing the driveway culvert pipes. During the Regular City Council Meeting of May 24,
1995, the City Council directed that the City retrofit the driveway culvert in accordance with
the information supplied by Bruce Cooper in his letter of March 8, 1995. Mr. Votapka,
Director of Public Works, provided a letter to Mr. David Costa dated June 9, 1995, outlining
the proposed sequence of events to implement the decision of Council.
Subsequently, Mr. John Hill of Craven Thompson Professional Engineers was selected to
provide the City with stormwater engineering, and review the existing stormwater system · ~
servicing the Costa residence and immediate area.
However, Mr. Costa has indicated that he would like to have culverts installed along the total
front yard ditches, rather than have an open segment between the two driveway culverts that
are to be replaced. This would require City Council approval. Additionally, Mr. Costa
would like to know when this project will commence.
RECOMMENDATION
Staff recommends that the current approved project be undertaken when the City corrects
the drainage system upstream and replaces the underground culvert at the intersection of
Concha Street and Glentry Lane. The policy regarding providing a culvert for the total swale
area is a Council decision, and if approved, could be installed during the same time frame.
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City of Sebastian
1225 MAIN STRI:I::T [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
June 9, 1995
Mr. David Costa
499 Concha Drive
Sebastian, Fi 32958
RE: Installation of Additional Culvert Pipe for Both of Your
Driveways on Glentry Lane
Dear Mr. Costa:
As you are aware, the City Council at its May 24, 1995 meeting
voted to have the City Public Works Department install the
additional pipe extensions on both sides of your driveways on
Glentry Lane. Subsequent to the meeting, I telephoned Ms. Barbara
Bess, Environmental Manager of the Florida Department of
Environmental Protection in Orlando.
You may recall that Barbara ruled your "swale" "to be a ditch" on
May 4, 1995. I asked Barbara if your situation warranted a
"general" permit or an "individual" permit. On June 8, 1995,
Barbara told me to file the proposed modifications as a "general"
permit. Therefore, as soon as our engineering technician comes back
from jury duty, I will have him prepare the necessary permit
drawings and applications. I will keep you informed of the process
from time to time.
Sincerely,
Richard B. Votapka, P.E.
Public Works Director
RBV/lk
costa3
Regular City Council Meeting
May 24, 1995
Page Nine
11. OLD BUSINESS
95.028 A.
RESOLUTION NO L R-95-24 - Native Tree List (Director of
Community Development Transmittal dated 4/10/95, R-95-24)
Tabled at 5/10/95 Regular'Meeting to this Agenda - Requires Motion to
Remove from the Table
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
This item was previously removed.
95.082
Costa Drainage Issue - Swales. Ditches andCulverts (City_ Manager
Transmittal dated 5/16/..95)
Dave Costa, 499 Concha Drive, Sebastian, reiterated his request for assistance
with his drainage problems.
Courtcilmember Cartwright recommended that the City live up to commitments
made in March by staff.
Following a lengthy discussion, motion was made.
MOTION by Cartwright/Damp
I move that the City, at its own expense, retrofit the driveway culvert per
information given by Bruce Cooper in his March 8 letter and subsequent
documents.
MOTION to Amend by Halloran/Damp
I move that this approval be a non-precedent setting resolution.
Regular City Council Meeting
May 24, 1995
Page Ten
TAPE I - SIDE II (8:30 p.m.)
The City Attorney said there is no liability for the City.
Roll Call on Amendment:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Motion carded 5-0
Roll Call on Main Motion:
Mr. Halloran o aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Motion carded 5-0
Mrs. Cartwright suggested that staff review the ordinance with the City Attorney
and stormwater consultants.
12. NEW BUSINESS
95.098
Rank. Stormwater En~neering Consultants and Direct Ci_ty Manager
to Be~n Negotiations (City_ Manager Transmittal dated 5/15/95.
Mayor Firtion announced the rank order: Craven, Thompson; Professional
Engineerirtg Consultants; and Applied Technology.
MOTION by Comm/Halloran
I make a motion for Mr. Koford to negotiate a contract with Craven,
Thompson and Associates, Inc. as the first choice.
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City of' Sebas ia
1225 MAIN SlllEEr ~] SEgASIIAN, I':LOI'III.)A 32958
'I EI.EPI lONE (,107) 589-5330 ti FAX (407) 589-5570
March 8, 1995
Hr. and Hrs. Dave Costa
499 Concha Drive
£:ebast J. an, F lori(la 32958
Re£erence: Lot 15, B]_ock 292, Unit J..l
Dear Mr. (:osha,
['ursuant to your JnquJ. rJ_es with the City Mauager regarding t.hc~
recent development of your single-family structure on the above
referenced lot, Mr. Koford requested that I review your situatJ.~ll
regarding the fro~t yard swales.
Please be advised that I have determined that the Engineering
Department did not. ~eqUt~S kha contractor to extend the culvert
pipes a distanc~ ~fici~nt fo meet the requirements of section 90-
8'7 of tile Code of Ordinances. This code requires the minimum
length of the drainage ~i~ §hAll'b~ th~ Width of the driveway pIus
a minimum of four feet on each side of the driveway or additional.
_length on each side of the driveway to provide a three foot
horizontal to one foot vertical slope from the top of the driveway
sur[ace to %:he bottom of the drainage pipe or greater length as
deemed necessary by the CJ. ty Eng.[neet. A standard head wall sha] ]_
be required in all cases at both sides of the pipe to avoid!
.[~te['fe]'ence from grass or sedlme~ts.
Therefore, the city of ~ebastia~ will, at its own expense,
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f!~. bothdriveway culvert. Pipes ~0 meet ~B~ ~bove referenced code
il, order ~o provid~ the proper horizontal slope within this
drainage swale.
As stated J.n my .lettec dated Febrt, ary 16, 1995, the C.|ty Manage,: is
~v~ [1.il~g to ~.'ev.l. ew any restrict[otis that St. Johl~'s may impose .i f
yo~l elect t:o pl. pe the [['ol~l: yard swale at: your ex[~e~se. The C.I
,h.~es not curreltt.ly have a program [(31: C.J. ty a~.] l~,met~w~ler
partlcipat:ion F. or pJ, p.i_ng fron~, yard .~wal,~s. p.l, ea~o eonkack ~hi,~
oEE.i.~:~ o[ ~o~.lr j. nk~n~J, on~ in order for kh~ c.i_~.y eng.t, no~rln9
depat'~m~nt: to properly plan ~h~ req..i, red r~l:ro-fit.~ o~ yo~r cuJ. v~rt
pt. pa~ under your driveways.
not h .s]tnt~ to gi.v~ m~ a cal..I at 5Rq-5537.
.q ].nc ~re .l.y,
I).{.r~.ctor o.~ Community Deve].opment
Bc/db Costa2 .wp
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Parking Ordinance
Approval For Submittal By:
City Manager ~, ~-~
AGENDA NO. -fr ~ ,.
Dept. Origin: City Manager
Date Submitted:08/17/95
For Agenda Of: 08/23/95
Exhibits:
- Ordinance 0~95-23
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The attached proposed Ordinance amends our Parking Ordinance by including a section
devoted to Handicap Parking. This provision was inadvertently left out of the recent revised
Ordinance enacted by City Council on July 26, 1995.
RECOMMENDATION
Recommend approval and establish the public hearing date of September 13, 1995.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF
ORDINANCES, PROHIBITING PARKING IN DESIGNATED
HANDICAPPED SPACES, PROVIDING FOR
SEVERABiLITY, PROVIDING FOR CONFLICTS, AND
PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the City Council of the city of Sebastian, Florida,
has enacted ordinance Nc. 0-95-03, restricting parking in the City;
and
WHEREAS, the City Council of the City of Sebastian, Florida,
believes that it is in the best interests of the health, safety,
and general welfare of the community to amend said Ordinance to
prohibit parking in designated handicapped spaces.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
Section 1. Ordinance No. 0-95-03 of the Code of
Ordinances, city of Sebastian, Florida, is hereby amended by re-
designating paragraph 7 as paragraph 8 and by adding a new
paragraph 7 which shall read as follows:
7. No vehicle shall be parked in any parking space
designated with the international symbol of accessibility or the
caption "PARKING BY DISABLED PERMIT ONLY," or with both such symbol
or caption, unless such vehicle displays a parking permit or
license plate issued pursuant to Sections 316.1958, 320.084,
320.0842, 320.0843, 320.0845 or 320.0848, Florida Statutes, and
vehicle is occupied by a person eligible for such license
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plate or parking permit. However, any person who is chauffeuring
a disabled person shall be allowed, without need for an
identification parking permit or special license plate, momentary
parking in any such parking space for the purpose of loading or
unloading a disabled person. No penalty shall be imposed upon the
driver for such momentary parking.
Section 2. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 3. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
portions or applications, which shall remain in full force and
effect.
Section 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READIMG, THIS DAY OF , 1995.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF
, 1995.
The foregoing Ordinance was moved for adoption by
Councilmember
. The motion was seconded
by Councilmember
and, upon being put
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. cartwright
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Cost Share Agreement
Sebastian Riverview Park Shoreline
Approval For Submittal By:
City Manager
AGENDA NO. ~ / ~-c
Dept. of Origin: City Manager
Date Submitted: 08/15/95
For Agenda Of: 08/23/95
Exhibits:
-Agreement Between St. Johns Water
Management District & the City of
Sebastian
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The City of Sebastian and the St. Johns River Water Management District have been working
toward a cooperative project involving the restoration of a portion of our shoreline. The
project is dependent upon the Florida Legislature to fund the SWIM Trust Fund. In the event
the State fails to provide the required funding, the project will not go forward, and we will
wait until the next fiscal year and try again.
The City contribution is $10,909 which has been budgeted each year in the non-deparUnental
budget of the General Fund. The funds have been budgeted again for Fy 1995-1996.
The proposed project addresses 500 linear feet of shoreline located opposite the CAVCORP
property at the Indian Riverfront Park Site, and is designed to stabilize and protect the
shoreline. Also, a wooden observation/fishing deck is proposed for public access.
RECOMMENDATION
Approve the Agreement and authorize the Mayor and City Clerk to execute on behalf of the
City of Sebastian.
Contract g95J266
COST SHARE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND THE CITY OF SEBASTIAN FOR THE
SEBASTIAN RIVERVIEW PARK SHORELINE RESTORATION PROJECT
THIS AGREEMENT is entered into this day of ., in the
year 1995, by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT ("DISTRICT"), whose address is Post Office Box 1429, Palatka,
Horida 32178-1429, and the CITY OF SEBASTIAN ("CITY"), whose address is 1225 Main
Street, Sebastian, Florida ,32958.
WHEREAS, DISTRICT is a special taxing district created by the Horida Legislature and
given those powers and responsibilities enumerated in Chapter 373; Fla. Stat., whose
geographical boundaries encompass the Indian River Lagoon; and
WI--~REAS, DISTRICT has determined that its needs will be best served by entering into
a cost sharing agreement for services that can be provided by CITY.
NOW THEREFORE, in consideration of the payments here specified and which District
agrees to make, CITY agrees to furnish and deliver all materials, to do and perform all work and
labor required to be furnished and delivered, done and performed for the construction of a shoreline
restoration project to demonstrate sex/in~nt control techniques: "Sebastian Riverview Park
Shoreline Restoration Project." CITY agrees to complete the Work in conformity with the
Contract Documents and all attachments as defined herein and on file at the St. Johns River Water
Management District. The Contract Documents consist of the following items, including all
modifications thereof incorporated in the Documents before their execution: AGREEMENT;
EXHIBIT "A", Scope of Work; and all attachments hereto. All attachments and Contract
documents, a~e part of this ACdtEEMENT~as fully and with the same effect as if they had been set
forth at length in the body of this AGREEMENT.
ARTICLE I - SCOPE 0F...WORK
This project will be performed in accordance with EXHIBIT "A", SCOPE OF WORK,
attached hereto and by reference made a part of this AGREEMENT.
ARTICLE II - ..SCHEDULE OF WORK
CITY shall complete the work under EXHIBIT "A", SCOPE OF WORK, within twelve
(12) calendar months of the date of full execution of this AGREEMENT, unless the date is
extended by mutual agreement of the parties hereto. The Work on this project shall begin upon
the date of full execution of this AGREEMENT. Time is ofdhe essence in this AGREEMENT.
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Contract g95J266
ARTICLE IH - TERM
This AGREEMENT shall expire at 12:00 midnight on the sixtieth day after the completion
of the Work in accordance with the date established under ARTICLE II above.
ARTICLE IV . LIABILiTY AND INSU.R, .A~CE~
Each party to the AGREEMENT is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof.
The parties further agree that nothing contained herein shall be construed or interpreted as
denying to any party any remedy or defense available to such parties under the laws of the
State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the.'
waiver provided for in Section 768.28, Fla. Stat.
Each party shall acquire and maintain throughout the term of this AGREEMENT such
liability and automobile insurance as required by their current roles and regulations.
ARTICLE V - RESPONSIBILITIES OF CITY
CITY shall begin the project as described in .these Contract Documents upon the date of
full execution of this AGREEMENT.
B. CITY's Project Manager shall be the City Manager or his designee.
CITY shall follow the verbal and written direction of DISTRICT'S representative assigned
to the work. All work authorized may be stopped by DISTRICT'S representative at any
point, which shall not result in loss of payment to CITY for services performed up;~to the
time the Work has ceased in accordance with this Contract. If CITY fails to perform
under terms of this Contract, DISTRICT may elect to have CITY cease work until
corrections are made at no additional cost to DISTRICT and with no allowance for
extension of time or to terminate if CITY fails or refuses to comply with the terms of this
AGREEMENT.
CITY certifies it is an independent contractor and not DISTRICT's employee, nor are any
of CITY's employees performing work under this AGREEMENT, DISTRICT employees.
ARTICLE VI - RESPONSIBILITIES OF DISTRICT
The Executive Director designates Marry Smithson as Project Manager for purposes of
dir~ting CITY and maintaining coordination and review of the work, The Project
Manager shall have sole and complete responsibility to transmit instructions, receive
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Contract g055266
information, approve invoices, interpret and communicate DISTRICT policies ah'~V
decisions with respect to all matters pertinent to CITY's services. The Project Manager
and, as appropriate, other DISTRICT employees shall meet with CITY as necessary to
provide decisions for the duration of the Work, as well as to review and comment on
interim reports. No actions outside the Scope of Work shall be initiated by CITY without
prior written authorization of the Project Manager; however emergency situations
requiring action within less than twenty-four (24) hours may be granted verbally by the
Project Manager and followed up in writing within seventy-two (72) hours.
DISTRICT shall be available to CITY to respond to questions regarding the project.
As is further specified in this AGREEMENT, DISTRICT shall provide timely reviews of
any and all invoices and deliverables related to this AGREEMENT submitted by CITY.
Upon the satisfactory completion of the Work, DISTRICT will provide a written
statement to CITY accepting all deliverables.
ARTICLE VII - DELIVERABLES
Delivergbles: CITY shall deliver all services, products, and deliverables as stated in the
Contract.
Bo
Proeress Re~aorts: CITY shall submit quarterly progress reports to DISTRICT's Project
Manager in a letter format.
ARTICLE Viii . COMPENSATION
Amount of Fundi'nm For satisfactory performance of the Work outlined in the Contract,
DISTRICT agrees to pay CITY a sum in the amo~not to exceed'$14,795. '~ ',..
Invoicine Proced..gr~e: All invoices shall reference the Contract Number provided on the
fin'st page of this AGREEMENT and shall be submitted to Director, Division of Finance
and Accounting, P. O. Box 1429, Palatka, Florida, 32178-1429. CITY shall submit
itemized quarterly invoices based upon the actual work performed and shall bill as per the
Project Budget included in EXHIBIT "A". Invoices which do not correspond to the
Project Budget will be returned to CITY without action.
~ents: DISTRICT shall pay CITY ninety percent (90%) of each invoice within thirty
(30) days of approval. DISTRICT shall retain ten percent (10%) of each approved
invoice amount until the completion of all work and final acceptance of the F'mal Report
by DISTRICT's Project Manager. Payments due and unpaid under this AGREEMENT
shall not bear interest, if CITY fails to complete the Work in a timely manner, and deliver
all materials as provided for in the Contract Documents, DISTRICT may elect to withhold
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Contract g05J266
the"retainage to offset costs incurred by DISTRICT because of CITY's failure to complete
the Work on time.
Travel: Travel expenses must-be submitted on DISTRICT or State of Florida Travel
Forms. DISTRICT shall pay the CITY all travel expenses pursuant to DISTRICT Travel
Policy, attached hereto, and by reference made a part hereof. Travel expenses shall not be
considered additional compensation, but shall be drawn from the amount provided in the
Project Budget.
Release: CITY agrees that acceptance of the final payment, shall be considered as a
release in full of all claims against DISTRICT or any of its members, agents, and
employees, arising out of, or by reason of, the Work done and materials furnished under
this AGREEMENT. CITY agrees that acceptance of final payment shall not constitute
DISTRICT's acceptance of full and satisfactory completion of the terms and conditions of
this AGREEMENT.
ARTICLE IX - ~
This AGREEMENT is subject to the availability of funds from an annual appropriation by
the Florida Legislature to the SWIM Trust Fund, as provided for in Chapter 87-97, Laws
of Florida, and Rule 17-43, Florida Administrative Code, for the payment hereof. Should
the project not be approved for funding by the SWIM Trust Fund, or if approved should
funds sufficient to cover the costs of this AGREEMENT not be placed into the SWIM
Trust Fund and be made available to DISTRICT, then this AGREEMENT shall be null
and void and DISTRICT shall not be obligated to CITY in any sum.
If, after the Notice to Proceed is issued, should funding by the SWIM Trust Fund
terminate, DISTRICT may terminate this ',AGREEMENT upon thirty (30) days written
noti:~e~to CITY and,shall be liable,only for such costs as actually incurred by CITY up to
the date of termination.
ARTICLE X - SUBCONTRACTING
CITY shall not sublet, assign, or transfer any work under this AGREEMENT without the
written consent of DISTRICT. When applicable, and upon receipt of such consent in
writing, CITY shall cause the names of the firms responsible for such portions of the work
to appear on the work.
CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calendar days
prior to the effective date of the subcontracts for the purpose of approval. CITY agrees
to provide DISTRICT with an executed copy of all subcontracts within ten (10) calendar
days,after the effective date of the subcontract ....
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Contract #955266
Co
CITY agrees to be responsible for the fulfillment of all work elements included in the
subcontracts and agrees to be responsible for the payment of all monies due under any
subcontract and hold DISTRICT harmless from any liability or damages arising under or
from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall
create any contractual relationship between any subcontractor and DISTRICT; nor create
any obligations on the part of DISTRICT to pay or see to the payment of any
subcontractor.
ARTICLE XI - CHANGES IN THE WORK
Not Affecting CosL0r Time: DISTRiCT's Project Manager shall have authority to make
minor changes in the Work, not affecting cost, not affecting time, and not inconsistent
with the purpose of the Work. CITY shall not perform extra work or make changes
without issuance of written supplemental instructions from DISTRICT's Project Manager.
No alteration or modification of the Contract shall be binding unless made pursuant to a
written notice issued by DISTRICT's Project Manager. All change orders shall be
incorporated into the Contract.
Contract Ame.ndments: DISTRICT, without invalidating the Contract, may order extra
work or make changes by altering, adding to, or deducting from the Work, or cost and
adjusting the Contract accordingly. All such work shall be executed under the conditions
of the original contract except that any associated claim for extension of time will be
adjusted at the time of ordering the change. Changes affecting the Work or cost shall be
made only pursuant to a written contract amendment. No amendment to the Contract
shall be binding unless made pursuant to a written contract amendment.
The value of any work or cost affected by contract amendment will be determined in one
or more of the following ways: ",
(1)
(2)
(3)
By estimate and acceptance in a lump sum.
By unit prices named in the Contract or subsequently agreed upon.
By costs and percentage or by cost and a fixed fee.
If none of the above methods is agreed upon, CITY shall proceed with the Work and shall
keep and present in such form as DISTRICT's Project Manager may direct, a correct
amount of the net cost of labor and materials, together with vouchers. DISTRICT's
Project Manager will certify the amount, including reasonable allowances for overhead
and profit, due CITY. Pending final determination of value, payments on account of
contract amendments will be made on DISTRICT's Project Manager's estimate.
proceed
.Emergency Changes: In the event that an emergency endangering life or property requires
immediate action, DISTRICT may g/ye CITY an oral order, direction or instruction to
with a change. Any oral order, direction or instruction will be confirmed in
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Contract ~95J266
writing to CITY within one working day. CITY will, within forty-eight hours after
commencement of the emergency change, provide DISTRICT with a written bid on the
effect of the change. If CITY fails to timely notify DISTRICT of effects on the schedule
or compensation caused, by the emergency change, CITY shall be deemed to have waived
any right to claim an extension of time or increase in compensation as a result of the
emergency change.
ARTICLE XII - ASSIGNMENT
CITY shall not assign the Contract or sublet it as a whole without the written consent of
DISTRICT nor shall CITY assign any moneys due or to become due to him hereunder, without
the previous written consent of DISTRICT.
ARTICLE XIII - INTEREST OF Q1TY
Unless otherwise declared in an addendum, CITY certifies that no officer, agent, or
employee of DISTRICT has any material interest (as defined in Section 112.312, Fla. Stat.) either
directly or indirectly, in the business of CITY to be conducted here, and that no such pers°n shall
have any such interest at any time during the term of this AGREEMENT.
ARTICLE XIV - CANCELLATION
Each party to this AGREEMENT reserves the right to unilaterally cancel this
AGREEMENT for refusal by the other party to allow public access to all documents, papers,
letters, or other material related to this AGREEMENT and subject to the provisions of Chapter
119, Fla. Stat.
ARTICLE XV - AUDIT: ACCESS TO RECORDS.
CITY agrees that DISTRICT or its duly authorized representatives shall, until the
expiration of three (3) years after expenditure of funds under this AGREEMENT, have
access to examine any of CITY's books, documents, papers, and records involving
transactions related to this AGREEMENT. CITY agrees that payment(s) made under this
AGREEMENT shall be subject to reduction for amounts charged which are found on the
basis of audit examination not to constitute allowable costs.
CITY shall refund by check, payable to DISTRICT, the amount of any reduction of
payments. All required records shall be maintained until an audit has been completed and
all questions arising from it are resolved or until three (3) years after completion of the
Work and submission of a final invoice, whichever is sooner. CITY will provide proper
facilities for access to and inspection of all required records.
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Contract g955266
ARTICLE XVI - CIVIL RIGHTS
Pursuant to Chapter 760, Fla. Stat., CITY shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin, age, handicap or
marital status.
ARTICLE XVII - CONFLICTING EMPLOYMENT
CITY agrees that at the time of execution of this Contract it has no retainer or
employment agreement, oral or written, with any third party relating to any matters which
adversely affect any interest or position of DISTRiCT. CITY shall not accept during the terms of
this Contract any retainer or employment from a third party whose interests appear to be
conflicting or inconsistent with those of DISTRICT.
Notwithstanding the foregoing pm'agraph, CITY may accept retainers from or be
employed by third parties whose interests appear conflicting or inconsistent with those of
'DISTRiCT if, after full written disclosure of the facts tO DISTRICT, DISTRICT determines that
the apparent conflict shall not interfere with the performance of the Work by CITY.
ARTICLE XIII - NON-LOBBYING
Pursuant to Section 216.347, Fla. Stat., CITY hereby agrees that monies received from
DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any
other state agency.
ARTICLE XIX - TERMINATIONS
Termination_...for Default: This AGREEMENT may be terminated in whole or in part in
writing by either party in the event off~/ibstantiai failure, by the oth'~r party to fulfill its
obligations under this AGREEMENT through no fault of the terminating party, provided
that no temainafion may be effected unless the other party is given: (1) not less than ten
(10) calendar days written notice delivered by certified mail, return receipt requested, and
(2) an opportunity for consultation with the otherparty prior to termination.
Termination for Convenience: This AGREEMENT may be terminated in whole or in part
in writing by either party provided that the other party is given: (1) not less than thirty
(30) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate, and (2) an opportunity for consultation prior to termination.
C. If termination for CITY's default is effected by DISTRICT, an equitable adjustment in the
price provided for in this AGREEMENT shall be made, but (1) no amount shall be
allowed for unperformed services, and (2) any payment due to CITY at the time
termination shall be adjusted to cover any additional costs to DISTRICT because of
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Contract ~95J266
CITY's default, if termin~on': for DISTRICT's default is effected by CITY, or if
termination for convenience is effected by DISTRICT, the equitable adjustment shall
provide for payment of all services, materials, and costs, including prior commitment
incurred by CITY up to the termination date.
D. Upon receipt of a termination action under paragraphs "A" or "B" above, CITY shall:
(1)
(2)
promptly discontinue all affected work (unless the notice directs otherwise), and
deliver or otherwise make available all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as may have been
accumulated by CITY in performing this AGREEMENT, whether completed or in
process.
Upon termination, under Paragraphs "A" or "B" above, DISTRICT may take over the
work or may award another party a contract to complete the work.
If, after termination for failure, of CITY to fulfill contractual obligations, it is determined
that CITY had not failed to fulfill contractual obligations, the termination shall be deemed
to have been for the convenience of DISTRICT. In such event, the adjustment of
compensation'shall be made as provided in Paragraph "C" of this section.
ARTICLE XX - GOVERNING LAW/ATTORNEYS' FEES
This AGREEMENT shall be consumed and interpreted according to the laws of the State
of Florida. In the event of litigation between the parties arising from or pertaining to this
AGREEMENT, the prevailing party shall be entitled to recover from the other, reasonable trial
and appellate attorneys' fees and costs.
ARTICLE XXI - cONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been PrePared by counsel for one 'of the parties,
it being recognized that both parties, DISTRICT and CITY, have contributed substantially and
materially to the preparation hereof.
ARTICLE XXII - ENTIRE AGREEMENT
It is expressly understood and agreed that this AGREEMENT constitutes the entire
agreement of the parties and that the parties are not bound by any stipulations, representations,
agreements, or promises, oral or otherwise, not printed or inserted in this AGREEMENT. CITY
agrees that no representations have been made by DISTRICT in order to induce CITY to enter
into this AGREEMENT other than as .;~pressly stated in this AGREEMENT. This
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Contract g95J266
AGREEMENT cannot be changed orally, nor by any means other than by written amendments
expressly referencing this AGREEMENT and signed by all parties hereto.
IN WITNESS WHEREOF, the said ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT has caused this Contract to be executed in its name by its Executive Director, and has
caused its seal to be hereto attached; and the said CITY OF SEBASTIAN has caused this
Contract to be executed in its name by its duly authorized representatives, and, if appropriate, has
caused the seal of the corporation to be hereunto attached, all on the day and year first above
written.
Signed, sealed and delivered in the presence of:
CITY OF SEBASTIAN
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By: By:
Patricia T. Harden, Chair
Attest:
(Corporate Seal)
Attest:
Otis A. Mason, Secretary
(Seal)
'Approved by the Office of General Counsel
John W. Williams, Senior Assistan't General Counsel
St. Johns River Water Management District
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Contract g95J266
EXHIBIT "A"
SCOPE OF WORK
SEBASTIAN RIVER PARK
SHORELINE RESTORATION PROJECT
A cooperative Effort Between
The St. johns River Water Management District
and
The City of Sebastian
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PROJECT DESCRIIq~ON *
The western shoreline of the Indian River Which fronts the City of Sebastian's Riverview
Park, alor~g indian River Drive, has been plagued for years with avulsion and erosion due
to its exposure to northeasterly storms, which create damaging high energy waves.
Attempts to harden the shore with concrete rubble and inappropriate fill, without the use
of filter cloth, have failed to protect the shoreline.
The St. Johns River Water Management District's SWiM program, working jointly with
the City of Sebastian, is proposing a shoreline restoration project to reduce or eliminate the
persistent source of sediment loading into the lagoon. These sediments are causing negative
impacts to adjacent seagrass and oyster beds.
The proposed project addresses 500 linear feet of shoreline. To stabilize and protect the
shoreline, existing concrete rubble will be removed and replaced with a consistent f'dl
material to attain a minimum 2:1 slope. An erosion control f'dter fabric will be installed
and covered with 3 ft. size 'coquina boulders, in addition to the coquina, rock, other
measures will be taken to further the control of erosion while providing some ecological
habitat value.
Native ground cover grasses will be planted at the top of slope to reduce
erosion due to stormwater runoff.
Salt tolerant marsh grass ($partina alterniflora) will be planted at the toe of
the hardened slope to buffer wave energy and provide habitat.
Along the northernmost 100 ftc., red mangroves will be planted in wooden
planters set in the c~na rock, nea~he bottom,of the slope. Mangroves
will provide habitat and resource value, as well as aesthetics and educational
opportunities.
Along the southernmost 150 ft. of shoreline, 6 inch coquina rip rap will be
placed 5-10 ft. offshore in a row approximately 4 ft. wide and 1.5 ft. high.
The rock is intended to serve as a substrate for oyster spat colonization and
serve as a submerged wave break.
At the project mid-point, a 60 ft. x 8 ft. wooden observation/fishing deck is
proposed for public access. This feature will also provide additional
environmental education and public awareness opportunities regardLng
seagrasses, oyster bars, shoreline protection, etc.
ii ~'" BREVARD COUNTY
: , ~ .,~-:. :,,~,
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MU'M. UM
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· Green Pwl~t
Background of the Riverview Park Shoreline
.... Sebastian, Florida : ~ .~.
Since Coastal Technology Corp, evaluated the Riverview Park shoreline site in February,
1994, the site has been visited and evaluated by several other individuals. On 2/14/94
representatives from Coastal Tech, Army Corps of Engineers and DEP visited the site to
review shore protection alternatives. Staff from the SJRWMD permitting office visited the
site on 3/2/94 which included the office director, chief engineer and lead environmental
specialist. Recommendations were made and noted. On 6/28/94 two environmental
scientists with the SJRWMD Water Resourdes Dept. inspected the site and on 7/8/94 site
measurements were made by the District's SWIM program manager in addition to those
originally made by Coastal Tech (see Figure 1).
To date, shoreline restoration and' protection recommendations made by all of those
involved, with the exception of Coastal Tech.,have been consistent. That recommendation
being a submerged coquina rock breakwater in combination with native shoreline vegetative
plantings and additional coquina rock hardening. Coastal Tech's recommendation for a
seawall with rip rap is inconsistent witha natural approach to shoreline restoration.
The following site description was taken from a letter report (4/94) compiled by Coastal
Tech, working for the city of Sebastian. The report is based on site measurements taken
-on 2/11/94.
SITE OBSERVATIONS AND MEASUREMENTS:
Coastal Tech performed site measurements and obtained photographs at Riverview Park
on February 11, 1994. The park occupies approximately 658 ft. of shoreline fronting the
Indian River and is bounded to the north by Channel 68 Marina, to the south by a mobile
home park, and to the west by Indian River,Drive. The upland improvements include a
five foot wide wooden boardwalk, benches, two covered picnic pavilions, a footbridge which
crosses a stormwater detention system, palm trees, and unpaved parking access for
approximately 25 cars.
The existing shoreline is unstabilized and displays variable signs of erosional stress over the
parcel; the shoreline segment fronting the parking area has a near-vertical escarpment of
variable position relative to the on-grade wooden boardwalk. On the date of the site visit,
the top of the escarpment was as close as 6 feet to the east edge of the boardwalk.
Concrete debris, the majority of which is less than 2 feet in diameter, was observed within
and along the eroded toe of the escarpment as well as on the narrow beach fronting the
escarpment. South of the stormwater discharge point to the Indian River (via a 24"
diameter corrugated metal pipe), shoreline erosion is not as pronounced, although a distinct
escarpment was observed over the entire park parcel.
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The area south of the discharge pipe displays a high density of wetlands vegetation
including S~aratina~alterniflora, Scr__qrjp~ Americanus, Paspal~m va~inatum, Distichli.q
spicata, and Sesuvium portulacastrum. Several small (less than 4' high) Rhizophora manv3e
were observed adjacent to the concrete bulldaead at Channel 68 Marina and growing amidst
the intertidal shoreline grasses. Discrete, dense patches of Spartina alterniflora and
Sesuvium'~ortulacastrum were observed approximately 100 feet, 260 feet, and 360 feet
south of the northern park boundary; shoreline losses are evident landward of these
vegetative stands, although the escarpments are not as high in the "shadow" created by the
vegetation as in the adjacent, unprotected, area. An emergent oyster bed was observed
offshore of the southern segment of the park approCmately midway between the south
property line and the stormwater discharge point. No seagrass beds were visible at the time
of the site visit.
Based on the above observations, site measurements, and an existing plan view of the park
furnished by the City, a series on conceptual sketches were prepared. The existing park
conditions are shown in Figure 2; the top of figure displays a plan view of Riverview Park,
with approximate positions of the boardwalk, top of bank, and native (wetlands) vegetation-
shown. A typical cross section is shown at the bottom of the figure.
PROJECT DETAILS
Site Preparation
Turbidity 'control measures, using silt screens and hay bales, will be installed along the
shoreline prior to the removal of existing concrete rubble. The rubble will be removed
using a backhoe, hauled away and disposed in an upland landfill for construction debris.
A sand based, clean fill material will be placed on the shore to make up for the removed
rubble. The fill will be graded to a 2: 1 slope, beginning at the toe of the exposed concrete
rubble. This point marks the toe of the shoreline which was measured prior to the
November 14-17, 1994 storm event (Tropical Storm Gordon). The enclosed photograph,
taken on 11/24/94~ shows the concrete rubble exposed by T.S. Gordon. Fill material will
not be placed beyond the point where the rubble extends now, nor will any fill material be
placed upon existing wetland vegetation.
Resource Protection
Established marsh grasses (wetland vegetation) and oyster bars found at the soUthern end"
of the project site will be left undisturbed. One significant stand of wetland vegetation
towards the northern end of the site survived the November storm event. This vegetation
will be left intact (see enclosed photo).
Observations made in July 1994, during the peak areal coverage of seagrass growth, found
seagrasses beginning at 24 feet to 30 feet from the existing shoreline rubble. The closest
activity to these grass beds will be the placement of the submerged coquina rock wave
break. The four foot wide row of small (6") rock will be placed a minimum of ten (10) feet
shoreward of the edge of the seagrass bed.
Typic.a! Shoreline
Approximately 500 feet of the regraded shoreline will be covered with a construction fdter
fabric which will be trenched in at the top of bank and trenched in at the toe of the slope.
The bottom trench will be covered with a row of the three to four foot coquina rock
boulders. The coquina boulders will be placed along the graded shore on top of the f'flter
fabric for the entire length. At the top of bank, ground cover vegetation such as paspalum
and distichlis will be planted to create a six foot fringe running the entire length of
shoreline, These native plants will provide added protection from upland runoff which has
caused erosion in the past. Marsh grass (Spartina alterniflora) will be Planted on one foot
centers immediately in front of the bottom row of rocks as an added wave energy buffer
and to provide additional habitat value.
Submergered Cocluina Rock Breakwater
Small six inch coquina rock riprap will be placed appro~mately ten feet out from the toe
of the hardened shoreline. A one hundred.and fifty foot long row, measuring four feet
wide at the base and stacked appro~mately eighteen inches high, will be constructed along
the southex:n 150 feet of the shoreline. This submerged breakwater will be positioned at
least ten feet from the edge of the seagrass beds. Thi~ southern end of the project site has
demonstrated the most severe damage from wave energy and will receive some additional
protection from this submerged breakwater. It is anticipated that some subsidence of the
rock layer will occur, and that over time, the breakwatec will provide a substrate for oyster
spat colonization. The coquina rock breakwater will be constructed by volunteers carrying
buckets of the riprap and placing by hand.
. Shoreline with Mangroves
The northernmost 100 feet of shoreline has had some small red mangrove seedlings
attempting to become established. Along thi.~ section, a wooden box planter will be built
just above the bottom row of coquina boulders.. The underlying f'flter cloth will be cut in
specific locations to allow for the placement of red mangrove seedlings which will be
planted on two to three foot centers. This section of shoreline' will provide habitat value,
adding to the diversity of the shore and also provide educational opportunities.
* It is requested of DEP that permit conditions allow for the trimming of these mangroves
to maintain a height not to exceed six feet. This is necessary to maintain the riverfront view
of this public park and promote a more positive attitude regarding the value of mangroves.
Observation/Fishing Deck
A sixty foot long observation/fishing deck is proposed to be constructed at the mid point
of the project site. The deck will be constructed with 2.5 CCA Marine treated lnmber.
Sixteen 8" pilings will be used. The deck will be constructed according' to public use
specifications and will be built according to the DEP 'specs for resource protection, such as ·
setting the height at five feet above MHW and providing maximum gap space between
planks.
Contract Budget
1. Shoreline Construction (labor & equipment)
2. Fill Materials
3. Turbidity Control
4. Filter Cloth
,5. Coquina Rock
6. Shoreline Plantings
7. Mangrove Planter
8. ~Signs
9. Observation Pier
Total $25,704
SWIM
980
3'125
6440 ·
3400
600.
250.
City
3618
681
25O
$14,795 $10,909
Schedule
Following a notice to proceed, construction will be completed within 120 days after
receiving DEP permits. This project has already been permitted by the U.S. Army
Corps of Engineers.
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: CONTRACT TO ACCEPT
FUNDS FROM THE DEPARTMENT OF
COMMUNITY AFFAIRS TO ASSIST IN
OUR REVIEW OF THE COMPREHENSIVE
PLAN
Approval for Submittal By:
City Manager ~//
) Agenaa Number: ~-~c~&
)
) Dept. Origin: Community Development
)
) Date Submitted: 8/15/95
)
) For Agenda Of: 8Z~3195
) Exhibits:
)
) 1. Letter dated 6/27/95 from
) Department of Community
) Affairs
)
) 2. Contract
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMM%.~Y STATEMENT
The 1995 State Legislature appropriated $1,252,190 for Department of
Community Affairs to assist 89 local governments with the preparation of
the initial drafts of portions of the Evaluation and Appraisal Report.
Basically, these reports are required for our upcoming review of the
City's adopted Comprehensive Plan which is due in 1997. The amount of
funds available to each of the 89 affected local governments under this
program is $14,069.
Please be advise to disregard the Department's deadline of August 15,
1995 since we received this document on August 9, 1995. After talking
with Cherie Trainor with the Division of Resource Planning and
Management, this August 15th deadline was only for the Department to
have an idea of the amount of various local governments participating
but, there is no specific deadline for submission of the contract to
receive these funds.
Agenda Cover Sheet
Contract for Funds from DCA
Page Two
Staff would recommend that once the City receives the initial funds from
the Department of Community Affairs the City should obtain the services
of a consultant to prepare the necessary language amendments to our
Comprehensive Plan which would meet the Evaluation and Appraisal Report
requirements from DCA.
RECQ.MMENDED ACTION
Move to approve the Mayor to sign the contracts from the Department of
Community Affairs regarding the funding for the preparation of the
Evaluation and Appraisal Report.
June 27, 1995
Dear Local Government Official:
The 1995 State Legislature appropriated $1,252,190 for the
Department of Community Affairs to assist 89 local governments
with the preparation of the initial drafts of portions of the
Evaluation and Appraisal Report. These drafts constitute only a
portion of the requirements necessary for completion of the
Evaluation and Appraisal Report which are to be prepared in
accordance with Chapter 163, Part II, Florida Statutes (F.S.),
Rule Chapter 9J-5.0053 and Chapter 93-206, Laws of Florida.
Procedures for the allocation, disbursement and general
administration of these funds are outlined in the Evaluation and
Appraisal Report Assistance Program Contract (enclosed).
The amount of funds available to each of the 89 affected
local governments under this program is $14,069. Both copies of
the enclosed contract must be signed by the chief elected
official and returned to the Department by ~uqust .~.,.. 1995, to be
considered for this funding.
Ail work products furnished to the Department for funding
under this contract will be prepared between the last date of
signing by the parties involved, and the August 15, 1996,
termination date of the contract. Either party may request
modification of the provisions of this contract with the
exception that no extensions will be permitted. The General
Revenue funding source cannot be extended beyond the original
timeframes of this agreement.
Additionally, the first installment of 25 percent ($3,518)
will be made upon submittal of the executed contract (executed no
later than August 15, 1995) and the completion of the workplan
specified in Section III, Scope of Work, that the Recipient
intends to follow in developing its Evaluation and Appraisal
Report. The final 75 percent ($10,551) will be released
following receipt, review and acceptance of the remaining work
products specified in Section III.
Local Government Official
June 27, 1995
Page Two
The contract manager for this contract is Cherie Trainor,
Planner IV, Division of Resource Planning and Management. All
correspondence should be sent to her attention. If you have any
questions, please call her at 904/488-2356 or fax at 904/488-
3309.
Sincerely, p~.
Charles G. Pat~ison, Directo
Division of Resource Planning
and Management
CP/ct
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EVALUATION AND APPRAISAL REPORT
ASSISTANCE PROGRAM CONTRACT
This contract is entered into between the State of Florida,
Department of Community Affairs, hereinafter referred to as
the "Department", and the City of Sebastian, hereinafter referred
to as the "Recipient."
WITNESSETH
WHEREAS, in accordance with Chapter 163, Part II, F. S., and
Chapter 9J-5, Florida Administrative Code (F.A.C.), each local
government within the State of Florida is required to prepare and
submit for Department review an Evaluation and Appraisal Report
to assess and evaluate the success or failure of the local
government's comprehensive plan; and
WHEREAS, the Department, in furtherance of its duties under
Chapter 163, Part II, F. S., and Chapter 93-206, Laws of Florida,
has determined that the Recipient is a local government eligible
to receive funds under the Local Government Evaluation and
Appraisal Report Assistance Program, hereinafter referred to as
the "Program;" and
WHEREAS, pursuant to the 1995-1996 General Appropriations
Act, Line Item 1172, the Legislature has appropriated $1,252,190
to fund implementation of the Local Government Evaluation and
Appraisal Report Assistance Program;
NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient for
the performance of the services described herein and the
Recipient does hereby agree to perform such services under the
terms and conditions set forth in this contract.
II. Availability of Funds
Payment of these state funds pursuant to this contract are
subject to and conditioned upon the total release of the funds
appropriated to implement the Local Government Evaluation and
Appraisal Report Assistance Program. The State of Florida's
performance and obligation to pay under this contract is
contingent upon an annual appropriation by the legislature.
III. Definition, Scope and Quality of Service
(A) Intent of the Contract
The Recipient agrees, under the terms and conditions of this
contract and the applicable state and local laws and regulations,
to undertake, perform, and complete the specified work products
outlined in section III below, Scope of Services. The Recipient
further agrees that neither the Department's entering into this
agreement nor its acceptance of the Recipient's work products
shall be construed as a determination by the Department that the
local government has satisfactorily met the requirements of
Chapter 163, Part II, F. S., Chapter 93-206, Laws of Florida, or
Chapter 9J-5, F.A.C. The Recipient further agrees that nothing
herein shall be construed by the Recipient as a waiver by the
Department of it's responsibility to conduct a sufficiency
review, or its authority to make a sufficiency determination, for
the Recipient's adopted Evaluation and Appraisal Report.
The Department recognizes that the funding received by the
Recipient under the Program constitutes only a partial funding of
the actual costs associated with the development, completion, and
adoption of the Evaluation and Appraisal Report, and that the
work products being contracted for constitutes only a portion of
the requirements necessary for completion of the Recipient's
Evaluation and Appraisal Report. The Department and the
Recipient agree that the work products funded under this contract
must be completed as specified herein in order for the Recipient
to successfully complete its Evaluation and Appraisal Report, and
that these work products are being funded to achieve that end.
(B) Scope of Services.
(1) Services provided under this contract shall be in
connection with the total area under the Recipient's planning
jurisdiction.
(2) In accordance with §163.3191, F.S., and Rule 9J-
5.0053, F.A.C., each Recipient shall provide appropriate
documentation, including, but not limited to, data, statements,
reports, analyses, maps, and work products, that address, at a
mimimum, the following:
(a) The condition of each comprehensive plan
element at the time of plan adoption, including summaries of the
data and analysis from each element of the existing plan at the
time of adoption;
(b) The condition of each comprehensive plan
element as of the date of submittal of the work products required
under this contract;
2
(c) An updated, current "existing" land use map
and table of existing land uses as of the date of submittal of
the work products required under this contract;
(3) A description of the public participation process
to be used in preparation of the local government's Evaluation
and Appraisal Report.
(4) A detailed workplan that the Recipient will follow
in completing the Scope of Services required by this contract.
IV. Consideration
(A) Amount of Consideration
As consideration for work rendered under this contract, the
Department agrees to pay a fixed fee up to $ 14,069 . Payment
will be made in accordance with Article V of this contract.
(B) Use of Funds
(1) Funds may be used for salaries and expenses of
local government staff members or subcontractors involved in
preparing all or a portion of the required work products
specified in section III(B), Scope of Services, of this contract.
(2) Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance with the
provisions of Section 112.061, F.S.
(3) Funds may not be used for the purchase of
equipment, fixtures, or other tangible property of a
nonconsumable and nonexpendable nature with an expected useful
life which exceeds the duration of this contract.
(4) These funds may not be used for the purpose of
lobbying the Florida Legislature or a state agency.
V. Method of Payment
(A) The Department shall pay twenty-five (25) percentum
($ 3,518) to the Recipient following execution of this contract
and the Department's receipt, review, and acceptance of the
workplan that satisfactorily completes the requirements specified
in Section III, above, and this section. An acceptable workplan
will, at a minimum, address:
(1) The criteria specified in the Scope of Services,
and contain appropriate and relevant documentation, including,
but not limited to, data, statements, reports, analyses, maps,
and work products, relating to those issues delineated in Section
163~3191(2) and (3), F.S., and Rule 9J-5.0053, F.A.C. The
workplan will also include, but not limited to, the following:
(a) The individual(s) who will be responsible for
developing each component of the work plan, including any
subcontractors;
(b) Estimated date of completion of each
component of the workplan;
(c) Problems or obstacles the Recipient
anticipates developing each component, and the means the
Recipient will use to resolve these problems or obstacles.
(2) A copy of any subcontract for any or all of the
work required by this contract and entered into by the Recipient
will be submitted to the Department as an attachment to the
workplan listed above. Absent a copy of the actual'signed
agreement for any work under this document that the Recipient
subcontracts to be performed will be deemed unacceptable to, and
uncompensable by, the Department.
(B) The Department shall pay the final seventy-five (75)
percentum of the funds ($10,551) following receipt, review and
acceptance of the work products specified in Section III, Scope
of Services, above.
(C) The Department shall pay the amounts indicated in this
agreement after receipt of the work products under this contract
are deemed by the Department to be acceptable. "Acceptable to
the Department" means that the work product was completed in
accordance with professional planning principles, and is
consistent with the requirements of this contract. The Recipient
acknowledges and agrees that payment under this agreement is
contingent upon Recipient providing the Department, on or before
August 15, 1996, with all of the requisite work products in final
form, acceptance of the final work products by the Department,
and the Recipient's contract closeout report, as specified below.
VI. Required Reports and Records
(A) The Recipient shall provide to the Department a
contract ctoseout report consisting of a copy of each work
product produced under this program. The report must be received
by the Department no later than August 15, 1996.
(B) If all required reports and copies, prescribed above,
are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department shall withhold
further payments until they are completed. The Department may
terminate this contract if reports are not received within ten
(10) days after notice by the Department.
VII. Audit Requirements
(A) The Recipient agrees to maintain adequate financial
procedures and adequate support documents to account for the
expenditure of funds under this contract.
(B) These records shall be available at all reasonable
times for inspection, review, or audit by state personnel and
other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily
shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local
time, Monday through Friday.
(C) The Recipient shall provide the Department with an
annual financial audit report which meets the requirements of
Sections 11.45 and 216.349, F.S., and Chapter 10.550, Rules of
the Auditor General, and OMB Circular A-128 for the purposes of
auditing and monitoring the funds awarded under this contract.
(1) The annual financial audit report shall include
all management letters and the Recipient's response to all
findings, including corrective actions to be taken.
(2) The annual financial audit report shall include a
schedule of financial assistance specifically identifying all
contract and grant revenue by sponsoring agency and contract
number.
(3) The complete financial audit report, including all
items specified in section VII(C) (1) and (2) above, shall be sent
directly to:
Department of Community Affairs
Office of Audit Services
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(D) The Recipient shall include an accounting of these
funds in the annual financial audit report prepared by the
Recipient for the 1994-95 and 1995-96 fiscal years.
(E) In the event the audit shows that the entire fund, or
portion thereof, was not spent in accordance with the conditions
of this contract the Recipient shall be held liable for
reimbursement to the Department of all funds not spent in
accordance with these applicable regulations and contract
provisions within thirty (30) days after the Department has
notified the Recipient of such noncompliance.
(F) The Recipient shall retain all financial records,
supporting documents, statistical records, and any other
documents pertinent to this contract for a period of three years
after the date of submission of the final expenditures report.
However, if litigation or an audit has been initiated prior to
the expiration of the three-year period, the records shall be
retained until the litigation or audit findings have been
resolved.
(G) Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof.
VIII.
Public Records
The Department reserves the right to unilaterally
cancel this agreement for refusal by the Recipient to allow
public access to all documents, reports, papers, letters or other
material, subject to the provision of Chapter 119, F.S., prepared
or received by the Recipient in conjunction with this contract.
IX. Subcontracts
(A) If the Recipient subcontracts any or all of the work
required under this contract, the Recipient agrees to include in
the subcontract specific language to inform the subcontractor
that the subcontract is bound by the terms and conditions of this
contract between the Recipient and the Department.
(B) The Recipient agrees to include in the subcontract that
the subcontractor shall hold the Department and Recipient
harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this contract, to the
extent allowed and required by law.
(C) If the Recipient enters into a subcontract, a copy of
the executed subcontract must be forwarded to the Department as a
portion of the workplan required under section V(A) of this
agreement.
(D) Any work products produced under the terms of a
subcontract entered into by the ReciPient must meet the full
terms and conditions, including timeframes, of this agreement
between the Recipient and the Department in order for the
Recipient to receive payment from the Department.
X. Liability
The Recipient hereby agrees to hold harmless the Department,
to the extent allowed and required by law, from all claims,
demands, liabilities and suits of third persons or entities not a
party to this contract arising out of, or due to any act,
occurrence, or omission of the Recipient, its subcontractors or
agents, if any, that is related to the Recipient's performance
under this contract.
Contract Term
The contract shall commence on the last date of signing by
the parties involved, and will terminate on Auqust 15, 1996.
The Recipient will receive no compensation for work received by
the Department after this date.
XII. Modification of Contract
Either party may request modification of the provisions of
this contract with the exception that no extensions will be
permitted. The General Revenue funding source cannot be extended
beyond the original timeframes of this agreement. Other changes
which are mutually agreed upon shall be made by written
correspondence from the Department and shall be incorporated as
part of this contract.
XIII.
Identification of Documents
The cover page or title page of all reports, maps and
other documents completed as a part of this contract shall
acknowledge:
"Preparation of this (MaD or Document) was aided through
financial assistance received from the State of Florida
under the Local Government Evaluation and Appraisal Report
Assistance Program authorized by Chapter 93-206, Laws of
Florida, and administered by the Florida Department of
Community Affairs."
The date (month and year) the document was prepared and
the name of the subcontractor or Recipient community responsible
for its preparation shall also be shown.
xIv.. Termination
(A) This contract may be terminated by the written mutual
consent of the parties.
(B) If the Recipient shall fail to fulfill in a timely and
proper manner its obligations under this contract, the Department
shall have the right, without liability, to terminate this
contract within ten (10) days after giving written notice to the
Recipient of such termination. The Department may also require a
pro rata repayment for funds paid to a Recipient who breaches any
part of this contract.
(C) Notwithstanding the above, the Recipient shall not be
relieved of liability to the Department by virtue of any breach
of contract by the Recipient. The Department may withhold any
payments to the Recipient for purpose of set-off until such time
as the exact amount of damages due the Department from the
Recipient is determined.
XV. Notice and Contact
(A)
The contract manager for this contract is: Cherie Trainor
Division of Resource Planning and Management
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(B) The representative of the Recipient (not a consultant),
responsible for the administration of this contract is:
(C) In the event that different representatives are
designated by either party after execution of this contract,
notice of the name, title and address of the new representative
will be rendered in writing to the other party and said
notification attached to the original of this contract.
XVI. Terms and Conditions
The contract contains all the terms and conditions agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their undersigned officials as duly
authorized.
RECIPIENT:
BY:
Name and Title
Date Witness
STATE OF FLORIDA'
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title
Date Witness
City of Sebastian
1225 MAIN STREET ~ SF_BASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
MEMORANDUM
DATE: August 15, 1995
TO: Vice Mayor Carolyn Corem
FROM: Joel L. Koford, City Manager .~-~
SUBJECT: Proposed Agenda Item
The attached is to you for your information.
/jmt
Attachment
cc: Mayor Arthur L. Firdon and Sebastian City Council Members
City of Sebastian
1225 MAIN STRE_~-T [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Memorandum
DATE:
TO:
FROM:
August 15, 1995
Joel L. Kofordl City Manager
Joel D. Haniford, Finance Director
RE:
Vice Mayor Corum Memo on Golf
Course, Dated August 14, 1995
I have discussed the referenced memo (attached) with my assistant Janet
Isman and we both agree that th/s recommendation is unnecessary. We do
not believe there is a problem with an audit trail of Golf Course transactions.
However, if the City Council wishes to pay Hoyman, Dobson & Co. to draft
transaction procedures, we will acquiesce to their wisdom.
Attachment:
/sg
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM: Joel L. Koford, City Manager
SUBJECT: Golf Course Transactions
August 15, 1995
Joel Haniford, Finance Director
Please make sure that all transactions are recorded through our register to include Golf
Course Lessons provided by the Pro-Manager.
Vice-Mayor Corum is of the impression that our procedures at the Golf Course require
updating. Please review the attached and comment.
/jmt
Attachment
cc: Mayor Arthur L. Firtion mad Sebastian City Council Members
DATE:
TO:
THP,.OUGH:
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MEMORANDUM
August 14, 1995
Ioel Koford
City Manager
Sally Maio
Deputy City Clerk
Fi~OM: Carolyn Corem
Vice Mayor
KB: Golf Course
Sebastian Mnni¢ipal Golf Course has experienced major management changes. To
provide Sebastian auditors with an adequate paper Ira/l, ir would be in Sebastian' s best
interest tb ask om- auditors to come up with appropriate n:ansacrion proeedm-es for al/
transactions at thc Sebastian Municipal Golf Course.
Please put this on the August 23rd rebmlar meeting agenda.
cc: City Council Members