HomeMy WebLinkAbout09111996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE 589-5330 [] FAX
(407)
(407)
589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, SEPTEMBER 11, 1996
7:00 P.M. OR SOON THEREAFTER
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTZ, tN, 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
mmutes per speaker (R-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - No One Available
ROLL CALL
AGENDA .MODIFICATIONS (ADDmONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous consent of the Council
members present (R-95-33)
96.194/
95.147
1-6
PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Hoyman, Dobson & Company - Review of Golf Course Policy and Procedure Manual
(City Manager Transmittal 9/4/96, Accountant's Recommendations, StaffResponse)
96.195
%31
Tree Advisory Board Presentation (Community Development Transmittal 9/4/96, Tree
Maintenance Manual, Field Cards)
33-61
96.196/
94.181
63-66
96.198
67-72
96.199
73
96.200
75-76
10.
CITY ATTORNEY MATFERS
CITY MANAGER MATTERS
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.
A. Approval of Minutes - 8/28/96 Workshop, 8/28/96 Regular, 8/29/96 Cable Forum
Adopt Resolution No. R-96-65 - Blue Cross/Blue Shield Renewal Rates - Option 2
.(Human Resources Director Transmittal 8/27/96. R-96~65)
RESOLUTION NO. R-96-65
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF
THE CITY OF SEBASTIAN, TIlE NEW BLUE CROSS/BLUE SHIELD I-IEALTH
INSURANCE PREMIUM RATES; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT I-IEREWlTH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Bid Award - Public Works Engineering Blueprint Copier Counter Top Model 7050 w/out
Stand - OCE'-USA Inc. of Orlando - $5,327 (Public Works Transmittal 9/5/96, Bid
Summary and Tabulation Sheet, Warranty/Guarantee Information, Bid Documenents
on File in City Clerk's Office)
Schedule Workshop for 9/25/96 at 6:00 p.m. - Discuss Private Use of City Owned
Property or Interests (City Manager Transmittal 9/5/96)
Crocker - Wedding Reception - Community Center Request - 10/26/96 - 5 pm - 9
pm - AfB - Security Paid - DOB Verified (City Clerk Transmittal 9/4/96, Application)
PUBLIC It-EARING
Procedures for public hearings: (R-95-339
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
° StaffPresentation
° Public Input - Limit oflO Minutes Per Speaker
° StaffSummation
° Mayor Closes Hearing
° Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State
His/Her Name for the Record
96.191
77-82
11.
96.171
83 -97
96.201
99-100
96.202
101-115
96.203
see above
96.204
117-118
Ao
First Public Heating - Ordinance. No..O-96-25 - Mini-Storage Facilities - Second Public
Scheduled for 9/29/96
ORDINANCE NOt 0-96_.-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
CONDITIONAL LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT,
PERMITTED LAND USE IN TI-IE INDUSTRIAL DISTRICT, PROVIDING FOR A
DEFINITION OF MINI-STORAGE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/28/96, Display Ad 9/4/96,
1 st Public Hearing 9/11/96, Display Ad 9/18/96, 2nd Public Hearing and Final Adoption
9/25/96)
COMMITTEE REPORTS/RECOMMENDATIONS
Code Enforcement Board
i. Interview and Appoint Regular Member, Engineer Position to Three Year Term to
Expire 8/1/99 - Board Recommends Thomas Connelly (Community Development
Transmittal 9/3/96, Applications, Code Enforcement Memo 8/22/96)
Construction Board
Accept Resignation from Wayne Tozzolo (Community Development Transmittal
9/3/96, Tozzolo Letter)
ii.
Interview and Appoint Alternate Certified Contractor - to Fill Unexpired
Term Vacated by Nicholas Messina - Term to Expire 9/30/97 - Board
Recommends Michael Oliver (Community Development Transmittal 9/3/96,
Applications)
iii.
Interview and Appoint Alternate Concerned Citizen - to Fill Unexpired Term
Vacated by Harold Smith - Term to Expire 9/30/88 - Board Recommends John
Hearne (Community Development Transmittal 9/3/96, Applications)
Handicapped Self-Evaluation Committee
Interview and Appoint Alternate for Three Year Term - Board Recommends
Reappointment of Catherine Ackerman - No Other Applications (Human
Resources Transmittal 8/29/96, Application)
12. OLD BUSINESS - None
13.
96.099
119-131
96.151
133-143
96.205
145-153
NEW BUSINESS
Ao
Appoint Consultant Selection Committee - Mechanical Engineer Proposals - Police
Department Building - City Manager, Purchasing Agent, Public Works Director, Police
Chief and Member of City Council (City Manager Transmittal 9/4/96, R-95-22)
Adopt Resolution No. R-96-67 - Falcon Cable Franchise 60 Day Extension from 9/23/96
(Ci~ Manager Transmittal 9/4/96. R-96-67. R-87-74. Article IV Code)
RESOLUTION NO,. R-96-67
A RESOLUTION OF THE CITY COUNCIl. OF TIdE CITY OF SEBASTIAN,
FLORIDA, GRANTING AN EXTENSION OF AN EXISTI/qG NON-EXCLUSIVE
CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS
ADDITIONAL TIME IS EXTENDED BY PASSAGE OF..AN ADDITIONAL
RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE
COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Adopt Resolution No. R-96-68 - Grant of Easement to Christopher Marine - Park Trust -
"Adams" Street Right-of-Way (Communi~ Development Transmittal 9/5/96. R-96-68.
Grant of Easemenfl
RESOLUTION NO. R-96-68
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AN EASEMENT TO DANIEL I. PREUSS, TRUSTEE, AS TO
AN UNDIVIDED 25% INTEREST, BARBARA LYNCH, AS TO AN UNDIVIDED
25% INTEREST, BARRY COLE AND CHARLOTTE COLE, HIS WIFE, AS TO AN
UNDIVIDED 25% INTEREST, AND ROBERT DACOSTA AND LINDA DACOSTA,
HIS WIFE, AS TO AN UNDIVIDED 25% IN'rEREST, AS TENANTS IN COMMON
TO FACILITATE DRAINAGE WITHIN THE ADAMS STREET RIGHT-OF-WAY;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON
BEHALF OF THE CITY, THE GRANT OF EASEMENT; PROVIDING THAT THE
GRANTEE SHALL RECORD THE EASEMENT AND FURNISH A COPY OF THE
RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
4
96.098
155
96.125
157-162
96.206
163-169
14.
Adopt Resolution No. R-96-70~ Support of"Scmb Lot Purchase" by Indian River Board
of Commissioners (City_ Manager Transmittal 9/5/96_ Resolution Forthcoming)
First Reading of Ordinance No. 0-96-16 - Outdoor Fire/Control of Opening Burning - Set
Public Heating for 10/9/96 - (.City_ Manager Transmittal 9/4/96_ 0-96-16)
ORDIlqANCE NO. O-96-16
AN ORDINANCE OF TIq~E CiTY COUNCIL OF ~ CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 4248 OF THE CITY
OF SEBASTIAN CODE OF ORDINANCES ENTITLED "ou'rDOOR FIll,ES",
CHANGING THE TITLE OF SECTION 4248 TO "CONTROL OF OPEN
BURNING", PROVIDING FOR OPEN BURNIlqG RESTRICTIONS; PROVIDING
FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING;
PROVI3DING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE D3_TE.
First Reading of Ordinance No. O-96-30 - Division of Single Lots - Set Public Heating for
10/9/96 (Community. Development Transmittal 9/4/96. 0-96-30)
ORDINANCE NO. 0-96-30
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
AMENDING THE CLASSIFICATION OF SUBDIVISIONS TO INCLUDE DIVISION
OF A SINGLE LOT; REGARDING THE RESPONSI]BILITIES OF THE PLANNING
AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE
APPROVAL OF THE DIVISION OF A SINGLE LOT; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
lVhich is not otherwise on the agenda - limit often minutes for each speaker
I
15.
16.
CITY COUNCIL MATTER.~
A. Mr. Ra.vmond Halloran
B. Mr. Richard Taracka
C. Mayor Louise Cartwright
D. ~ice Mayor Walter Barnes
E. Mrs. NormaDamo
AD,IOURN
ANY PERSON gqfO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL FFITH RESPECT TO ANY
MAITER CONSIDERED AT THIS MEETING (OR HEARING) ~ NEED A RECORD OF THE PROCEEDINGS AND
MAIe NEED TO ENStIRE THAT A VERBAT1M RECORD OF THE PROCEEDINGS IS MADE, VdhrlC~ RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON J~rH1CH THE APPEAL IS TO BE HEARD. (286. O105 F.S.)
IN COMPIJANCE VilTH THE AMERICANS ~iVlTH DISABILITIES ACT (ADA), ANYONE I~HO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEET1NG SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT
LleAST 48 HOURS IN ADVANCE OF THIS MEET1NG.
Upcoming City Council Meetings:
· Special Meeting - Final Budget Hearing
Regular Meeting
- Wednesday, September 18, 1998 ~ 7:00p. m.
- Wednesday, September 25, 1996 ~ 7:00p. m.
6
I
City of Sebastian
1225 MAIN STREET E SEBASTIAN, FLORIOA 32958
TELEPHONE (407) 5S9-8200 [] FAX (407) 589-S$70
AGENDA TRANSMITTAL
i
I
I
I
I
Subject: Review of Golf Course Policy and
Procedure Manual
Approved for Submittal by:
Thomas W. Frame, City Manager
Agenda No. ~./9¢
Department Origin: City Manager's Office
Date Submitted: September 4, 1996
For Agenda of September 11, 1996
Exhibits: Hoyman, Dobion & Co. letter
Accountant's Recommendations
Staff's Response
Expenditure Required: no
Amount Budgeted: N/A
Additional Appropriation
Required: N/A
SUMMARY STATEMENT
On August 23, 1996 a meeting was held between the accounting firm of Hoyman, Dobson &
Company, Mr. Patrick Cerjan, Mr. Joel Haniford and myself to discuss their findings as outlined
in the attached letter dated July 23, 1996. This meeting was the culmination of their review and
findings as outlined within their letter.
There are six comments submitted as recommendations for action. As a result of these
comments and our meeting with the representatives of Hoyman, Dobson & Company, staff has
reviewed and concurred with the recommendations. I have also attached staff's responses.
RECOM~IENDATION
No action required at this time. Representatives of the accounting firm will make brief
presentation of the findings and answer anv of the Council IV[ember's questions.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 i
TELEPHONE (407)589-8200 [] FAX (407)589-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
September 4, 1996
The Honorable City Council
Thomas W. Frame, City Manager ~
Golf Course Policy and Procedure Manual
On August 23, 1996 a meeting was held between the accounting firm of H~yman, Dobson &
Company, Mr. Patrick Cerjan, Mr. Joel Haniford and myself to discuss their findings as outlined
in the attached letter dated July 23, 1996. This meeting was the culmination of their review and
findings as outlined within their letter.
There are six comments submitted as recommendations for action. As a result of these
comments and our meeting with the representatives of Hoyman, Dobson & Company, staff has
reviewed and concurred w/th the recommendations, i have also attached staff's responses.
The accounting firm has been plaCed on the agenda for the purpose making a brief presentation
to the Council and answer any questions that you may have.
HOYMAN, DOBSON & COMPANY, EA.
~ ERTIFIED PUB'LIC" ACC'3'UN~YANT~
215 Baytree Drive, Suite 1, Melbourne, Florida 32940 (407) 255-0088 Fax (407) 259-8648
Charles W. Hoyman, Jr. Eugene K. Bjemmg
Roger W. Dobson Thomas L. Kirk ·
l~arbara J. Oswalt Karen E. Kirkland
July 23, 1996
City Council
City of Sebastian, Florida .
1225 Main Street
Sebastian, FL 32958
Ladies and Gentlemen: , ·
We have performed our analysis of the City of Sebastian, Florida s l/olf course policy and
procedure manual. Our analysis'Was conducted in accordance with standards established by the
American Institute of Certified Public Accountants and included analyzing the accounting policies
and procedures in the golf course manual to. determine if the internal accounting controls appear
to be adequate.' ,
Our analysis disclosed matters that we believe to be deficiencies in the golf course manual s
accounting policies and procedures. We have presented our findings in Schedule A, attached to
this letter, together with our recommendations that may be taken to improve the manual. Because
these services do not constitute an audit made in accordance with generally accepted auditing'
standards, we are not expressing an opinion on any of the items referred to above. In addition,
our engagement cannot be relied upon to disclose errors, irregularities or illegal acts, including ·
fraud or defalcations that may exist.
The management of the city of Sebastian, Florida is responsible for ensuring the controls are in
· place and operating at the golf course as outlined in the manual. We recommend the City of
Sebastian City Council review this manual for other changes in policies and procedures and give
final approval on the manual prior to its implementation.
The degree to which the recommendations contained in our analysis will be implemented is the
responsibility of the management of City of Sebastian, Florida. We applaud the golf course
management for their efforts in assembling this manual. Thank you for the opportunity to be of
service. We would be happy to discuss this report with you at any time.
Hoyman, Dobson & Company, P.A.
American Institute of Certified Public Accotmtant~ ,~ Florida Institute of Certified Public Accountants ~
SEC Practice Section of the A.I.C.P.A. A Accounting Firms Associatt',d, Inc.
i
City Council I
City of Sebastian
Page Two I
SCHEDULE A I
1. Overage/Shortage Limit I
Finding: The golf course manual states that if there is a significant overage or shortage on the
End of Shift Report, the Director of Golf must be notified, however, no specific dollar
am°unt for this requirement is stated. 1
Recommendation: We understand' that the Director of Golf actually reviews all cash overages
and shortages as part of his review of the End of Shift Reports. The manual should be I
modified from requiring his review on only significant overages or shortages to reflect his
actual practice of reviewing all overages and shortages. · ' i
2. Access tq Safe/Keys - ' ' ' ' I
Finding: The golf course manual states that the safe is to remain locked at all times, but does
'not' give details specifying who has access to the safe and keys2 - i
..Recomme.ndation: The manual should specify who will have access to the safe and keys. In
setting this policy, the City should strictly limit the number of People who have access to the I
safe. - ' ' '
3. Bonded Employees I
Finding: The Head Cashier is the only bonded employee listed in the manual, however, the I
Director of Golf and the Golf Pro also have access to the cash. '
Recommendation: The Director of Golf, the Golf Pro and any other employees with I
significant cash handling responsibilities should be bonded.
I
4. Ouotes/Bids
~: Vendors are selected on a best price basis, but there are no specific details as to how
many quotes/bids are required for each purchase.
Recommendation: We recommend the manual include a requirement that at least three I
quotes/bids accompany each purchase requisition to ensure the best price is obtained. I
I
City Council
City of Sebastian
Page Three
5...Cash Drawer
Finding: There are no policies and procedures in the manual for limiting the risk of
undeposited cash in the cash register if an excess amount accumulates.
Recornmendatiqn: To safeguard cash against theft:, policies and procedures should be
established to remove cash from the cash register if an excessive amount accumulates in the
drawer. In addition, the dollar amount considered excessive should be determined and
documented.
6. Termination Poli~
Findin__g2 The policy and procedures manual does not state what actions or inactions are
considered grounds for termination.
Recomme. ndations: We recommend the policy and procedures manual clearly outline which
actions or inactions would be considered grounds for termination, i.e. being consistently over
and short in the cash drawer.
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
September 3, 1996
Response to Hoyman, Dobson & Company P.A. Recommendations:
1. Overage/Shortage Limit
Response: Concur. The manual will be modified.
2. Access to Safe/Keys ..
Response: Concur. The City currently restricts the number
of people who have access to the safe to those who are
required to open the safe on one of the seven (7) days of
operation. The manual will specify the positions which
require access to the safe.
3. Bonded Employees
Response: Concur with recommendation that every employee
with significant cash handling responsibilities be bonded.
The manual will be modified.
4. Quotes/Bids:
Response: Concur. The manual will include the a statement
to the effect that the Golf Course will follow City of
Sebastian procurement policies, which includes this and other
requirements within appropriate dollar limits.
5. Cash Drawer:
Response: Concur. The manual will be modified to include a
procedure for removing cash and checks whenever more than
$750 in bills accumulates in the drawer and a second employee
is present to watch the shop.
6. Termination Policy:
Response: Concur. The manual will include the a statement
to the effect that the Golf Course will follow .City of
Sebastian personnel policies, which include types of offenses
and related potential consequences.
City of Sebastian
1225 MAIN STREET' [] SEBASTIAN. FLORIDA 32958
TELEPHONE (407)$89-5330 [] FAX (407)589-5570
SUBJECT: Report from the Tree ) Agenda Number: ~'./~'~
Advisory Board )
) Dept. Origin: Community Dev..,
) (RM)
)
Approval for Submittal By: ) Date Submitted: 09/4/96
)
City Manager ~ ~) ~ For agenda Of: 09/11/96 ,
Exhibits:
) ..
) 1. Tree Maintenance
) Manual
) 2. Field Cards
EXPENDITURE
AMOUNT
ApPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
During the past year, the Tree Advisory Board has been developing a tree maintenance
manual to assist the city in maintaining trees on city owned property. In additior~to
the tree maintenance manual, the Board has developed a set of field cards. These
cards are laminated to protect them from the elements and are printed on cards to be
used out in the field. A copy of the field cards information is provided for your
information.
RE C OI~d-ENDED ACTION
No action is necessary.
NLAINTASNTNG TREE QUALITY
Mamra/ning tree quality, has three objemives, amd ~n,vrNng you do roa tree should further one or
more or' :hose objectives:
t. Maintain tree assets. Trees are valuable, md you need co protect the e.'fisting value.
Research suggests that the [andscar~e comprises 7 percent of the homeowner's property
value.
.;
2. Manage tr~ apprecSation. Tr~s appreciate in value as they ~ow because they occupy
more space and may represen~ historic, aesthetic and other values in the !andscat~e. The
Iarg~, more tmique or weft-placed a tr~ is, the more likely its value will increase.
3. Nrmimize liability from I/mb toss, main-=xem splitting or tree death.' Liability problems
associated with dead, dying and hazardous trees - comoounded by dama~,nu a_qe~s like
storms - can arTe~ pockerboo~ down the Line from the landscape installer, maintenance
~ew and landscape designer to the tree's owner. When mtmicipaliries or counties own
trees in urban or suburban se~gs, Liability concents are critical.
Your care and mairaenance mm concentrate on those tNngs that produce the majority of
probiems:
?maing
Tree vkaliw
Watefin~
Ferriiizafion
Mechanical Damco
Maintain tr~ quality wig a seasonal pro_re'am that includes proper pruning, watering and
prescr/bed ferriiization. Prevent mechamcal damage ro roots, s-rems and branches. By
mamrammg ~ quality you will rr~-mmze li~iiides and ~rure tree problems - costing tess in the
tong ,-un. Tree care pays for itse~
The Lmporrant parr of tree management is ro be rvroacave-not reac~ve. You must annc~z~are
environmental situations and changes cigar w/il a.ffec: wee ~ov~h-major pes~ invasions,
pecpie-,.tse patterns and tree-~owth pane.ms.
Grounds Maintenance, May 1.988, Voi.23.
DO NOT TOP T'REES
Toooin~ is :he wors; thing that can be done to a tree.
droo-¢rotchirjm,.
Instead of topping, use a technique called
Topping (rounding over.) is defined as the
severe catting back of limbs to stubs within
the tree's crown to such a de~ee so ~ to
remove the normal canopy and disfig~u'e the
tree (shearing o/Fthe top of a tree, thus
removing branches and stems without r~ard
to tree ~-aucuare).
Drop-crotching involves pruning a branch
back to a living branch that ks at least half
the diameter of the cut branch. Around power
lines simply remove selected branches so a tree
can be trained to ~ow away from the power
lines. This can reduce fnua-e pruning require-
ments. Sketch enlargement on ne= ,?_age.
Topping initiates decay in branch organisms. The st)rouu which ~ow in response :o topping are
not we~ sec,~ared to the topped branch, and they can easily so[it from the u'~ as the,/~ow larger.
Topping does act help prevent damage during a storm.
It shall be unlaw~ as a normal practice for any ~ty employee to top a stre~ tree, park u'~, or
other tree on public property.. Trees severely damaged by storms or other causes, or certain trees
under udiitv wires or other, obsu-acdons where other pruning practices are impractical my be
exemoted from this guideline.
See Tree Chw USA. Bulleun No.g got more i~brmadon on how to control size ~thout ;oppin=.
Reducma' o the H%,ht'o of a Large Tree
~ . , , b, ./,
the t~'~e or creatin an eyesor~ .
x k ' .I ///'
~.=a.. x ~ ! ~~ll~ ,'."/ ~ ....
~N ' / /
' '
b~c~ to the ~ain trunk.
Proper pruning rem:ires knowledge: skill and good eauipmenr, and is n~essar7 ro make native
ve~adon more auracdve and promote healthy ~rowth.
P,-'ooeriv prune with clean,, m~ooth curs to encourage tree health. Ke£er to next page for i~m~re
on proper pruning techniques.
Never make a flush cut, Flush curs make a tr~ more susc~-~xibie to heal injury, root probiems,
cankers and sprouting.
Never remove a branch with a flush cut, ir~ead, use a collar cut.
Always cat to the outside ofche,,b, ranch collar. Usually located az the base of the branch and
easily seen, the caller is the sweilin~ where the branch m~rs the trunk
,.
Prune trees 2 to 5 years aXier planting, then plac~ them on a 5 to 7 year priming cycle.
Palm Trees
Avoid over-rr/mmiug of palm fronds. Cn'~n fronds make food for the palm so removing them
will stre~s the palm and cause a ¢on~:riction in the mmic ~
For ~5ather information s~:
1) Tree City, USAButlema No. I - Howm Prune Young Shade Tre~s ,,
2) Tree Cky USA Bullc~dn No. 2 - When a Storm Strikes
0~1 i~ram:~ . ~ [ ~tng gr~nc~
. a ~a, ..m. ai~
il I
~ fl. ~ me ~.m ;i~, C.XI
· Use proper seth.tuques for mmomng large
limbs wkea .:hey become damaged or :aus~
be mmovc~i ."or other masons. Avoid rapping.
I
I P roper Pruning Principles ----- --------
I-tardwoods
~'Fhank.s largety m the work o~' Dr. .-ilex ~. 8higo and ocher
~xnemment 8~on in Durham. ~. mu~ is now
unde~mod about a c~'a natant ayamm of defense a~nst
info, OhS From wounds. B~ on ~his ~owled~. thee
me,ods o1' ma~g pruning ~m am r~mmend~ ~ h~t7
Conifers
work with rather than aiJaina~ a Web's natural ~endenc7 to
wall offinjured :i~aues and prevent :he sor~ad o£ decay. In
these illustrations. I'mai eats should be re'ode fr~m oointa C
~ D. Do not, cdt along the CoX. which is simply an i~taglna~r
vertieai line to help you l~mate O-D.
~ ° ~ ~ TJ~,~ IIUTJ._rrIH No. 8 · ,'~atteaml ,~-I~- t>av ~m~atm
Keys To Good Pruning
L P.-~me early in the life o£ :he tree so pr..i~v, wounds are
smsil and so ~row~h goes wi~ere you wang
ff. Be~ you~ ~isu~l ix~pec.--ion a~ ~e top of ~e rvee and
work downward.
3. Idea(fly the best tender ~nd larer~ branches (scaffold
ILmbs) before you begin prrusing and remove defec~ve
par~ before pv,-~g for form-
4. Don't worry about prorecm~g pr,,-i~g curs. For aesthetics,
you may feel be=er painting larger wounds with a aeurr~I-
color rr~e paint~ bur ~e evidence is r. har it does nor
prevent or reduce dee.~y.
· ~. Keep youx ~ooi~ sharp. One-hand pv,-i-g shear~
curved blades (secareurs~ work best on young t~ee~.
6. Make safe~ a number one priority.. For high branches use
a pole pvaner. Some, Like the one pictured, have both
saw and shears on the same mai. A major job on a big wee
should be done by a professional arbor~sr.
7. When you prune back ~o the ~ or a larger Limb.
brancA-tes ~oo smail to have formed a collar (swoLlen area
base~ should be cut dose. (No~ce tn the drawing of the
prurung shears that ~he currmg blade is curr/m~ upward
tor [ess effort and a ~ose cur-) Otherwise, follow the rules
o£g~od pr~mlng of lz.rger Limbs by cut'~ng~usr ours/de the
branch ridge and collar and ar a slight down-and-outward
angle (so as nor tn tnju_,-e the ¢oilar). Do nor leave
.~rocru(fing stub.
When simply shortening a small br~nch, make the cur ag a
!acer~ bud or another ta~er~l brm~ch tre£erred ~o as ~head"
-;r 'headbacA~ pw-i-ff*),. Favor a bud that ~ produce
branch r~r '~fil grow m a des/red direction (usually
outward]. The cur should be sharp a~d ~eam and made ar
a sligi~r angle ~bou~: V~ tach beyond the bud.
I
I
I
-I
!
I
Cor'te~ Too 'too
pt.~mlng Close Long ~
A Tale of Two Trees
sub~s. 7ne ~ooa ~ ~or :near ~. ~ew ~en~ ~d
2~ [Lfe. U.-~.-_ow~ :o ear_b, omer. both i~,~e~ .:ian~e~i
Nor ~~ When Young
5-7 Yemrs
even be~r, ~wer
~ Oa~m of ~e
~ ~ne ~ow~c
~ey ~o aa~
I
! Pruning for $~¢n~h
!
P_run~g for Form
:!
-LCHtNG
Use recycled mulch!!!! NOT csrpress mulch!!!!
Mulching is the plac/ng of*oak, wood c~ps, or other materials on the soil around [he
(approx/mate!y 2 inches of deorh is r~ommended). Organic mulches tach a wood cb. ms or pine
needles contribute to be~er soil sumcmre and aerafiorm as they d~ompose.
Mulching helps retain moimure, control weed and grass, reduce erosion,, improve appearance,
prevent soil compaction, keep lawn mowers away, and simpii~ maimenance.
,;
Mulch is exceflent for a young tr~ = it holds down competing weeds or ?a.ss, re:a/ns soil
moisture, and prevents soil cracking that can damage new roots.
Keep mulche~ away from the baqe ofrr~s or buiidin~s.
For additional information about mulcking and work/ng wi~ soils, s~ Tr~ City. USA. Bulletin
No. 5 Living W~th Urban Soil.
Don"t Smother
ctefl~ or '~ to ~
inches
A pro.verly rnutched tree
TRENCHTNG & TLrN-N'ELING TREES
Trenches (such as those for under~ound uriliry lines) can k/il or seriously weaken nearby trees.
Turme~2ng safely below a tree's critical root zone is a better aitemarive.
Work pracdce~ are to be formally adopted for trenching and mnneiing sear trees similar ro
methods described in "Trenching and Turme~dng Near Trees: A Field Pocket Guide for Qualified
Workers" by Jmes K. Fazio (.34 pp, $3.00, National Arbor Day Foundation) and Tree City USA.
Bullet-in No.3 5 (copy attached)
T_ce u~de_-~rorid or' az~c~e,~: myr2xo[ogZr or mode~ ~gs~em [~ a s~er ~hce.
reS~on of ~e ~wm ~ ae~o~z-- md ~ p~
~~~. ~~/~ ~~ . ...... ..~/~ ~ .... ._
.... ~__.~ _. ~ ~~~:~ ~o~om =~ss~ for mp~
conm~c ~iy ~ ~ ~e~ soft mn~- ~
~o~ ~ p~pi, ~o~ =o= ~ ~ :o ~ou ~ ~[ ~e
mo~ ~ o~7 ~der ~ ~ouc 35 ~c of a
~s.'- ~t~-;".~'~ -""-
--- . r' .- · ~ 'r/ .... · ....
i ..... '",..'_' ' '_..-' · ....
~...~ ...... . -:~-- . ........ ~ ,, ~,~
.
for '--;~y ·iemur m offmn ~ wor~wh~ie.
%~-e..-e ~ be fewer mom :ha.,'~- a.mi
When 7ou
}la!lei =e:~.r *...~""e mol~ a.~& saw r~e .--~or~, Ae=eie.~emily broken
~ Wo~ ro ~e ~ si& of ~e ~&
-,.~., - -- .'.::,::::~JJ ..'~
. ,-......,-:......
)~ ~o~d be saw~
or a
I The Be~u~.- of TupmetLng
ac~e ~ of ,~¢ ~n ~0 fee~ ~en !on~, can~uo~ ~
· ~y ouc of~e
~ecer is: ~m ~g ~de of t~e ~e
s~o~d be ac
~i=ce mos; ~o~ ~ve ~ ~e <oo L~ Ln~es of t~e ~o~. z ~5 ~a L9 ~=c=es L2 f=es
I
· "-' :-'~";'~ ~.'-'-' ;: ~ " -':':~'" ...... -'"" ...... '-';v .:~'"'-:"."
--- · ~ , ~2~r~-- j~" ~d4, .'-' .... .-'-' -'- ~- . -:'- "[~.' '.-:~:~-
deg~ed. ~e ~pmm come--es ~on'~ ~e~; agge~
~a~ose ~e ~moiem ~ save ~e ~ig~i~ ~.
t~e~ of Tmmdiug
m~es d~g. Tn--e~g ~: ~ac ~e=~ ~omd pose
~a= :a ~as: mom. 5¢ec~g a 28-m~ depth m eve~
s~er. -~o~er o~Con ~ ~ ~ie used ~ ~e
.~o~ Spec~=~ Manuai of the Clef of
LO - L4 mc&es 2.0 feec
20 mc~es or more 4.0
Ot2ter ~ot proree=on meamzres found, m o~c~ or
~ed ~ ~~n s~ 5e s~ offc~se m
m o~ i~a.
' -~7 ~e ~ ~%ib~ s~ of~te~n ~ one
;~n ~l be ~moved ~ .~pi~zd. or ~ ~ cae
77hen the ."~e ciL~rner~r' ~
;0. Z¥ inc-'tes
]]tEE Cra- USA
A systemazic means of watering is one of the essentials of well maintained trees.
During dry spells, especially newiy planted trees, irrigahng is critical. Water the entire area
wirkin and a [irtte beyond the drip line.
Water about once a week, a,uou~zh to have the soil damp to a depth of 1 to .3 fe~.
Don't put water on the solid area dgtx hem to the trunk.
To establish a tr~ in sandy, we~-drain~ mil, about 3 to 5 gallons of water per inch of trunk
diameter are aeeded almost daily in the firs~ several months a..~er planting.
Trees larger than abou~ 4 inches in diameter may benefit from nearly daily i'..aTigafion for u¢ to a
year m become ~sr, abli-qhed in well. drained land.
If soil drainage is poor, less is required, la these sires, cat back on the amount of water applied
but don't change the frequency. If nec~sary, provide supplemenr, aJ. wat~ in fa,hid hearing times
of the year. The amount ofwaxer is determined by feeling the coolness of the soil several inches
below the ~ound level.
PEST CONTROL
Do nor use chemcais to ~ weeds over root zones. A root zone may be an area with a dime-,er
up to 2 rimes the hei_o_ht of the tree.
Through a scheduled main~emance pro~mmTt, preventative tree care should be provided and
prompt e~ffec'Jve ac-3on should be taken if ax ~idemic threatem to break out.
WI-tEN CI-~MICAI., HE3~ICIDES AILE ABSOLUTELY NECESSARY, USE ONLY SAFE
~CALS AND FOLLOW LABEL DIXECTIONS C,Mt~W. JLLY!
:although insects and diseases are present, generally, a well cared for trw will aot mcummb to
lev. hal hasec'z or ciise~e problems. However, some [nse, c~ and disease~ can be deadly to trees.
Through a scheduled maintenance pro?am, they should be re_m~tarty monitored.
TERTILIZATION.
Fertilization may be ~e mos~ abused of ail rr~ treatments. Do r~ot pu~ fertiilzer around a ~ree as
par~ of · seasona~ or pe~odic maintenance routine, Ferdiizer should be prescribed~ jus~ ms a
doetor prescribes medicine. Fe,-ziiizer abuse is a major cause of death to urban/suburban ~rees.
Soil :es~ing is the only me~hod for detecting shortages of essential Memen~s. If you wak until
foiiage changes Lndicate a problem, ~!emen~ml shortages will be weft advanc~d, and you risk major
tr~ damage.
Surface broadcastimg followed by watering is the best method for fettling tr~es. This washes
the essernial element~ down through the soil system where the ac~ivety absorbing root~ can take
them up. Use care when broadcas~g ferfiliz~ however, because fertiiiz~ can damage ground
COVerM. '-
Use biolo~cai need to esmblistt re, ii-er a~licaxion timimg. Fertilize stressed tr~s (espe~iaily
with rtitrogen) in late spring/early .~,mmer just after complete leaf ~xp. ansiom
Grounds Maimenanc~, May 1988, Vol.23,
TOPP~G DROP-CROTC~G
~ is the worst thing that can be done
topping, use the technique called drop-crotcNng~
Keys To Good Pruning
~[ ~d ~ ~h ~s where ~ wmnt
~rk
~ ~C~ p~nq Car Com.
~1~ ~ p~fl~ but the e~de~e ia
a ~le p~er, ~m4. like tho oue pWtd.
stow a~ she~s on che samt ~. A MaWr
b~ ~ sm~i to have lo.ad ~ ~ll~ (~len ~ at
bm) sho~d ~ ~ c~. (N~ in ~h* h~g o~ the
for I~ ~ffo~ ~ a do~ cu~) 0~*~,
~ ~ f~er Hmb ~ ~t~g
or ~ p~ug')+ Fn~ a b~d that
ou~). ~u cut sh~d ~ sb~ ~d d*a~
a ~liSt ~, ~c ~ inch ~nd ~,
TUNNEL, DO NOT TRENCH
Oangerous A better
or filial way
Trenches for underground lines can kii] or seriously
weaken nearby trees. Tunneling is a better alternative.
Pr'oper Pruning Principles
Oe.d Brunch
Collar
~ ~ ~' ~ ~ ~ CollarSranch
Bardwoo~
T~aaka larl,,~ly ~ ~ha work ~'Or. Alex [,. ~i~ .~ ~
m~ of making p~/n~ ~ n~ ~m~ ~ hMp
Branch
Collar
Conifers
Page 39
- Minutes - change sentence to "Mayor Cartwright recommended the
provision regarding approval of future editions within 90 days be added to
this ordinance as well."
Page 134
Page 135
Page 146
-Second whereas- change 1986 to 1987
- Last whereas - ad "tv" after "cable"
- R-96-68 title - 10th line - change to "AUTHORIZING" ~/oz~.~_//u d
- Section 1. Third line - separate "ofEasement"
- title again - compare percentages in title to page 149 Easement - Preuss
shows as 30% and DaCosta shows as 20% - title of resolutions shows all as
25%
Page 147
Page 165
Page 167
- Section 6. change to - "EFFECTIVE DATE"
- 0-96-30 title - 6th line - change to "PROCEDURES"
- 0-96-30 - paragraph B - change to "shall be reviewed to assure that the
lots continue to conforms to the requirements of Article XVII and Article
XVIII of this code."
ar'-A'
!
City of Sebastian
I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSF/OP
WEDNESDAY, AUGUST 28, 1996 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a workshop, unless provided in the meeting call (in accordance with R-95-$3)
1. Mayor Cartwright called the workshop to order at 6:00 p.m.
City Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Richard Taracka
StaffPresentz
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
City Council Absent:
Mr. Raymond Halloran (excused)
City Council Workshop
August 28, 1996
Page Two
3. WORKS}tOP ITEMS
96.125 A.
Review Proposed Open Burning Ordinance (Ci .ty Attorney Memo 8/20/96
w/3 Samples Attached Previously Distributed)
The City Attorney had distributed a recommended ordinance (see attached) and
briefly explained it.
It was the consensus of City Council to direct that this language (recommendation
5) be drafted into ordinance form and brought back.
Being no further business, Mayor Cartwright adjourned the Workshop at 6:13 p.m.
Approved at the
.... 1996, Regular City Council Meeting.
Louise R. Cartwright
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
2
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 28, 1996
7:00 P.M. OR SOON Ti:rEREAFTER
CITY COUNCIL CBAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA""
ALL AGENDA ITEMS MAYBE 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)
Mayor Cartwright called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was led by Vice Mayor Barnes ~
Pastor Aaron Robertson, Sebastian Church of God gave the invocation.
City. Council Present:
Mayor Louise Carrwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Richard Taracka
City Cotlrl¢il Absent:
Mr. Raymond Halloran (excused)
Staff.Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
City Planner, Robert Massarelli
Deputy City Clerk, Sally Maio
Regular City Council Meeting
August 28, 1996
Page Two
96176
96177
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be .dried only upon unanimous consent of the Council
members present (~-95-33)
Mayor Cartwright said she had spoken with the City Planner and had been informed the parking
ordinance needed more work and consolidation within the code.
MOTION by Cartwright/Damp
I'll move we pull item 12 H off' the agenda.
The City Planner said the revision could be back in about four weeks.
ROLL CALL: Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
PROCLAMATIONS ANDLOR ANNOUNCEMENTS
A. Presentation of Plaque - George Metcalf- Code Enforcement Board - 8/90 through 8/96
Mayor Cartwright presented the plaque to George Metcalf'.
B. Presentation of Certificates - Girls District 17 Softball Championship
Mayor Cartwfight presented certificates to the Girls District Softball champions.
Tiffany Beam
Tara Bess
Holly Davis
Courtney Diamond
Kerri Heaney
Samantha Holler
DeDe Justice
Michele Mitchell
Jackie Parker
Jennifer Pike
Kristy Tankersley
Manager: Rodney Davis
Coach: Jerry Diamond
Regular City Council Meeting
August 28, 1996
Page Three
96.126A
PUBLIC HEARING, FINAL ACTION
Procedures for public hearings: (1t-95-33)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
° StaffPresentation
· Public Input - Limit oflO Minutes Per Speaker
· Staff Summation
· Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the
Podium and State His/Her Name for the Record
A. Ordinance No. O-96-14 - Standard Codes of Southern Buildin~ Code Con~ess_
International. Inc. and National Fire Protection Association as Revised (Community_...
Development Transmittal 8/19/96. Revised O-96-1.4)
ORDINANCE NO. O-96-14
AN ORDINANCE OF THE CITY COUNCIL OF TI-rE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER, 26 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "BUILDINGS AND BLriLDING
REGULATIONS" BY ADOPTING AND AMENDING CERTAIN STANDARD
CODES OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL,
INC. AND OF THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVEKABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading and
Revised 7/24/96, Advertised Legal 8/14/96, PH and Final Adoption 8/28/96)
Mayor Cartwright opened the public hearing at 7:10 p.m. and the City Attorney read
Ordinance No. 0-96-14 by title.
The City Planner gave a brief explanation of the revision directed at the first reading.
Mayor Cartwright closed the public hearing at 7:12 p.m.
Regular City Council Meeting
August 28, 1996
Page Four
96.126B B.
City Council discussion followed.
MOTION by Bames/Taracka
I'll make a motion to approve Ordinance O-96-14.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - absem
Mr. Taracka - aye
Mrs. Cartwfight - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
Ordinance No. O-96-15 - Fire Prevention and Protection -:Standard Fire Protection and
Life Safe~ Codes (Community_ Development Transmittal 8/19/961 O-96~15)
ORDINANCE NO. O-96-15
AN ORDINANCE OF TI-IE CITY COUNCIL OF TIlE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 42 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "FIRE PREVENTION AND
PROTECTION" BY SUBSTITUTING LATER EDITIONS OF THE FIRE
PROTECTION CODE OF THE SOUTHERN BLrlLDING CODE CONGRESS
INTERNATIONAL, llqC. AND THE LIFE SAFETY CODE OF THE NATIONAL
FIRE PROTECTION ASSOCiATION FOR TIlE EDITIONS PREVIOUSLY
ADOPTED BY THE CITY COUNCIL; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE. (1st Reading 7/24/96, Advertised Legal 8/14/96, PH and
Final Adoption 8/28/96)
Mayor Cartwright opened the public hearing at 7:21 p.m. and the City Attorney read
Ordinance No. O-96-15 by title.
The City Planner gave a brief explanation.
Martha Winninger, 106 Thunderbird Drive, Sebastian, discussed high vegetation in fights-
of-way which hides fire hydrants. She read from a letter from the Public Works Director.
4
Regular City Council Meeting
August 28, 1996
Page Five
The City Manager said it was his opinion that it is probably the responsibility of the
County to clean around fire hydrants.
Mrs. Winninger recommended that City Council set a policy regarding responsibility.
Mayor Cartwright closed the public hearing at 7:28 p.m.
Mayor Cartwright recommended the provision regarding approval 90 days be
added to this ordinance as well.
MOTION by Cartwright/Bames
I move we adopt Ordinance No. O-96-15 as amended.
ROLL CALL:
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
96.178/
95. 061
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 - 8/8/96 Special Meeting, 8/8/96 Workshop - Stormwater, 8/12/96
Workshop - Cable Public Forum, 8/14/96 Regular Meeting
Approve City Clerk Copier Lease Upgrade - Mita DC 5590 - EGP, Inc. - Continue
to "Piggyback" Indian River County School Board Contract and Current Lease Amount
of $363.06 Per Month (City Clerk Transmittal 8/19/96, EGP Letter 8/14/96)
Regular City Council Meeting
August 28, 1996
Page Six
96.179 C.
96.180 D.
96.181 E.
96.182 F.
96.183 G.
Reject Bid for On-Site Sewage Disposal System for Barber Street Sports Complex
South for Redesign (Public Works Director Transmittal 8/21/96, Bid Summary
and Tabulation Sheet, Bid and Contract Documents on File in City Clerks Office)
Award Bid for Public Works - Two Flair Axe Brush Cutters - Pippin Tractor and
Equipment, Inc. of Ft. Pierce- $9,176 (Public Works Director Transmittal
8/21/96, Bid Summary and Tabulation Sheet, Bid and Contract Documents on File
in City Clerks Office)
Appropriate Additional $2,729.50 from Cemetery Trust Fund to Fund Balance of
Contract Amount for Construction of Cemetery Irrigation Shed and Award
Bid/Contract to Capp Custom Homes of Sebastian - $8,729.50 (Public Works
Director Transmittal 8/21/96, Bid Summary and Tabulatiofi:Sheet, Bid and
Contract Documents on File in City Clerks Office)
Appropriate Additional $3,609 from General Fund Non-Departmental Reserves to
Fund Balance of Contract Amount for City Council Chambers Roof Replacement and
Removal of Unnecessary Appurtenances - Award Bid/Contract to Bid Lake Roofing Inc.
of Okeechobee - $13,609 - Contract Time 12 Consecutive Calendar Days (Public Works
Director Transmittal 8/21/96, Bid Summary and Tabulation Sheet, Big Lake Bid, Bid and
Contract Documents on File in City Clerks Office)
Adopt Resolution No~ R-96-58 - Vacation of Easement - Lot 13. Block 180. Sebastian
Highlands Unit 8 (Ci~ Clerk Transmittal 8/22/96. R-96-S& Application. Surv~_ Letters
of No Objection)
RESOLUTION NO. R-96-5.8
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
TIq~E SOUTH SIX FEET LESS THE WEST TEN FEET THEREOF, OF LOT 13,
PUBLIC UTII, ITY AND DKAINAGE EASEMENT, BLOCK 180, SEBASTIAN
HIGI--K, ANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 6-13, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORID~
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
Regular City Council Meeting
August 28, 1996
Page Seven
96.184 H.
Adont Resolution No. K-96-59 - Vacation of Easement - Lots 22 & 23. Block 288.
Sebastian Highlands Unit 10 (City. Clerk Transmittal 8/22/96. R-96-59. Application.
Survey. LettersofNo Objection)
RESOLUTION NO. R-96-59
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDON-lNG AND DISCONTINLI~G
THE NORTHWEST 4.6 FEET OF THE SOUTHEAST 20 FOOT REAR PUBLIC
UTILITY AND DRAINAGE EASEMENT, LESS THE NORTHEAST SIX FEET AND
THE SOUTHWEST SIX FEET THEREOF OF LOTS 22 AND 23, BLOCK 288,
SEBASTIAN I-]2IGH]LANDS UNiT 10, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 6-37F, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORI2DA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
96.185 I.
Adopt Resolution No. R-96-60 - Vacation of Easement - Lot 12_ Block 580. Sebastian
Highlands Unit 17 (CiW Clerk Transmittal 8/22/96. R-96-60. Application w/Attachments.
Survey. Letters of No Objection)
RESOLUTION NO, R-96:60
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINU~G
THE NORTH .6 FEET OF THE SOUTH SIX FOOT SEDE YARD PUBLIC UTILITY
AND DRAINAGE EASEMENT, LESS TH]E WEST 20 FEET THEREOF, OF LOT 12,
BLOCK 580, SEBASTIAN I-~GI-ILANDS UNIT 17, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 8-46, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORI2DA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROV'[DING FOR RECORDING;
AND PROVIDING AN EFFECTIVE DATE.
7
Regular City Council Meeting
August 28, 1996
Page Eight
96.186 J.
Adopt Resolution No. R-96-61 - Vacation of Easement - Lots 1.2. 3 and 4. First
Addition to the City of Sebastian (City_ Clerk Transmittal 8/22/96. R-96-60. ApplicatiQn,
Survey. Letters of No Objection)
RESOLUTION NO. R-9.6-61
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLIS}{IAIG, ABANDONING AND DISCONTINUING
THE WEST FIVE FOOT EASEMENT OF LOT 1, THE EAST FIVE FOOT
EASEMENT OF LOT 2, TIlE EAST FIVE FOOT EASEMENT OF LOT 3, AND TIlE
WEST FIVE FOOT EASEMENT OF LOT 4, THE FIRST.AI)DITION TO THE CITY
OF SEBASTIAN, ACCORDI31G TO TIlE PLAT THEREOF, RECORDED IN PBI
2-70, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE
DATE.
The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-
96-58, R-96-59, R-96-60 and R-96-61.
Vice Mayor Barnes removed items G, H and I and Mrs. Damp removed item H.
MOTION by Barnes/Taracka
I move to approve items A, B, C, D, E, F and J of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
MOTION CARRIED 4-0
Regular City Council Meeting
August 28, 1996
Page Nine
Items C,~ H and I - Vacations
Vice Mayor Barnes noted that construction took place in easements in all cases and that
two of the applications appeared to be shoddy work by the contractor.
TAPE I - SIDE II (7:36 p.m.)
He said he would like to have a complaint filed with the Department of Building
Regulation.
MOTION by Barnes/Cartwfight
I'I1 make a motion to approve items G and I.
ROLL CALL:
Mrs. Cartwright - aye '-
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
MOTION CARRIED 5-0
Item H - Vacation
Mrs. Damp said the pool in the easement is a blatant error. The City Planner said the
original survey did not show the twenty foot drainage easement and that he had been
informed that there was a misunderstanding about which easement had been abandoned
when the pool contractor was informed the side easement had been abandoned.
MOTION by Damp/Cartwright
I move to deny R-96-59.
ROLL CALL:
Mr. Barnes - nay
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - nay
Mrs. Cartwright - nay
MOTION FAILED 1-3 (Barnes, Taracka, Cartwright - nay)
Regular City Council Meeting
August 28, 1996
Page Ten
MOTION by Barnes/raracka
I'I1 make a motion to approve Resolution No. R-96-59 with the hold harmless
agreement as contained in Mr. Hill's letter of August 21, 1996.
ROLL CALL:
Mrs. Damp - nay
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 3-1 (Damp - nay)
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
None.
11. OLD BUSINESS
96. 032/
95. 041
Bid/Contract Award - Aim_on Runway 4-22 Reconstruction Project - Martin Pavin~
Company - Base Bid Plus Alternate A - $401.836.00 (City_ Manager Transmittal 8/22/96.
Greiner Recommendation. FDOT Letter 8/22/96. Bid Tabulation Sheet. Bid and Contract
Documents on File in City_ Clerk's Office)
The City Manager said FDOT had recommended approval.
MOTION by Barnes/Taracka
I'll make a motion to award the contract for the runway 4-22 reconstruction
project to Martin Paving Company for the base bid plus alternate A in the amount of
$401,836.00
ROLL CALL:
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
10
Regular City Council Meeting
August 28, 1996
Page Eleven
12.
5iEW BUSINESS
96131 A.
96. 025 B.
Establish Ci~ Council Travel Exnense Policy - Requested by Vice Mayor Barnes (Se~
2~3-4 Code of Ordinances. Cit-v Manager Memo 8_/7/96 w/Attached Employee Travel
Vice Mayor Barnes said he would like to see a travel expense policy for City Council
similar to that established for employees.
Mayor Cartwright suggested the code be amended to comply with travel policy
established in the memo..
The City Manager suggested establishing the policy by resoiution for easier modification.
He said he will bring back an ordinance amending 2-34 of the code noting that the policy
will be established by resolution and a new resolution.
It was the consensus of City Council to direct as recommended.
Approve Change Order No. 1 - C.R~McLellan - Lake/Wimbrow Outfall Emergency
Repair (Ci~ Manager Memo 8/22/ .96~ Hill Letter 8/21/96. Change Order Unit Price
Anal~isL Change Order No. 1 and Acknowledgrnent. Maps)
John Hill, Craven Thompson & Associates, Inc., distributed additional information and
presented the requested change order.
MOTION by Barnes/Taracka
I'll make a motion to approve change order no. 1, CR McLellan, Lake/Wimbrow
outfall emergency repair with change order unit price analysis, change order no. 1 and
acknowledgment, maps attached for $54,639.00 from undistributed non-departmental
funds. (Include staff'recommendation)
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
MOTION CARRIED 4-0
11
!
I
Regular City Council Meeting I
August 28, 1996
Page Twelve i
96.187 C. Adopt Resolution No. R,96~62. Establishing List of' Trades Which Are Tested and/o~
Licensed in the City of Sebastian (Communitv Develor>ment Transmittal 8/21/96. I
RESOLUTION NO. R-96-..62 i
A RESOLUTION OF TI~ CITY OF SEBASTIAN, FLORIDA, PROVIDING THAT
THE CONSTRUCTION LICENSING BOARD SHALL ESTABLISH A LIST OF
TRADES TESTED AND/OR LICENSED AND APPROVED; ESTABLISHING THE I
MANNER IN WHICH SUCH LIST SHALL BE CREATED; APPROVING A LIST OF
TRADES TESTED AND/OR LICg2qSED; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CO.~.NFLICT HEREWITH; I
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-62 by title and the City Planner gave a brief I
explanation.
Mayor Cartwright suggested on page two changing the word "allowed" to "required" i
relative to who takes the test through the City. The City Attorney suggested "allowed
and/or required". ' I
MOTION by Damp/Cartwright
I move to adopt Resolution R-96-62 as amended, i
ROLL CALL: Mrs. Cartwright - aye
Mr. Barnes - aye I
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye i
MOTION CARRIED 4-0 I
1
i
I
Regular City Council Meeting
August 28, 1996
Page Thirteen
96.188/ D.
94.143
Adopt Resolution No. R-96-63 - Conceptual Desi_ma for Walkway - East Side of Indian
River Drive - Authorize Staff' to Submit to FDOT (Communi _ty Development Transmittal
8/21/96, R-96-63, R~l~.ort)
RESOLUTIONNO. R-96-63
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING A CONCEPTUAL DESIGN FOR A WALKWAY
LOCATED EAST OF INDIAN RIVER DRIVE, AUTHORIZING THE CITY
MANAGER TO SUBMIT THE CONCEPTUAL DESIGN TO TI-IE FLORIDA
DEPARTMENT OF TRANSPORTATION, PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I-IEREWlI~;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE
The City Attorney read Resolution No. R-96-63 by title.
The City Planner reviewed the conceptual design for the Indian River Drive Walkway as
attached to the resolution. He recommended the sidewalk at the south end of the
Floodtide Marina due to truck activity in the area, however, he noted that the Riverfront
Committee and Citizens Advisory Task Force recommend continuing it to the north city
limit.
Ruth Sullivan, 1215 Indian River Drive, president, Indian River Drive Property Owners
Association, read a letter which she had distributed to City Council into the record
recommending a standard six foot bikepath along the road edge of the east side of Indian
River Drive.
TAPE II - SIDE I (8:24 p.m.)
Mrs. Sullivan continued protesting the piecemeal waterfront plan being presented by the
Riverfront Committee.
Steven Wild, 607 Davis Street, Sebastian, member of RivenS-ont Committee, spoke on
behalf of those he believes want to see the meandering sidewalks which will be installed on
city right-of-way.
Carolyn Corum, 881 Dolores Street, Sebastian, member of Riverfi-ont Committee,
recommended the sidewalk be extended to the north city limit.
13
Regular City Council Meeting
August 28, 1996
Page Fourteen
Tut Connolly, 154 Kildare Drive, Sebastian, suggested FDOT be contacted as to the
difference between a bikepath and a sidewalk.
Mayor Cartwright concurred with extending the sidewalk to the north city limit noting a
group of Roseland residents are trying to continue the sidewalk into the county.
The City Planner suggested an alternative to construct a crosswalk over to the west side
of Indian River Drive in that area, but noted possible liability problems.
Mrs. Damp concurred with the extension to the north city limit on the east side.
Vice Mayor Barnes and Mr. Taracka expressed concern for.the extension unless problems
are resolved. ~-
The City Planner said the Floods are adamant that they do not want the sidewalk on the
east side, have discussed the issue with an attorney and believe they will prevail. He said
he does not see an alternative truck parking area on the marina site.
The City Attorney said the property owners have no property rights to right-of-way,
however, if additional parking requirements are imposed the City could run into some.
problems. She suggested the possibility of an agreement with the property owner for
alternate parking.
The City Manager suggested installing the sidewalk up to the south side of the Floodtide
Marina and then from the north side of Archie Cart north to the city limit at this time
while staff works out the matter with the property owner.
14
Regular City Council Meeting
August 28, 1996
Page Fifteen
MOTION by Barnes/Damp
I move to adopt Resolution No. R-96-63 conceptual design for the walkqvay with
the provision that the sidewalk go from to the north city limits between the paved area in
front of Archie Carr fishhouse and the Floodtide and that the staff' negotiate with the
owners to continue the sidewalk past their property.
The City Manager suggested the motion be reworded as follows "the resolution have the
sidewalk running from as proposed by the staff, from the south city limits line northerly to
the southerly portion of the Floodtide property and then it pick up again on the north side
of the Archie Smith property and go to the city limits line and that the staff'be directed to
negotiate the portion in between where there will be no new proposed construction at this
time to work out a solution". Vice Mayor Barnes and Mrs. Damp concurred.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright ~ aye
MOTION CARR~D 4-0
Mayor Cartwright called recess at 9:10 p.m. and reconvened the meeting at 9:25 p.m. All
members were present.
96.189
Adopt Resolution No. R-96-64 - Authorize Mayor..to Sign and Submit Historical Grant
Application (Communi~ Development Transmittal 8/21/96. R-96-64. Solin Memo)
RESOLUTION NO. R-96-64
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING AN APPLICATION FOR A HISTORICAL RESOURCES
GRANT-IN-AiD, AUTHORIZING THE MAYOR TO SIGN A CIVIL RIGHTS
ASSURANCE OF COMPLIANCE, AUTHORIZING THE CITY MANAGER TO SIGN
AND SUBMIT TH2E GRANT-IN-AID APPLICATION, AND PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
H]EREWlTH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
15
Regular City Council Meeting
August 28, 1996
Page Sixteen
The City Attorney read Resolution No. R-96-64 by title.
The City Planner briefly explained the historic grant, an optional element of the
comprehensive land use plan.
TAPE II - SIDE II (9:26 p.m.)
Larry Driver, 462 B DelMonte Road, Sebastian, inquired whether this item had to do with
refurbishing a building on Main Street. Mayor Cartwright said it did not.
Vice Mayor Barnes asked that Council be informed sooner by staff'regarding grant
applications.
MOTION by Taracka/Bames
I move to approve Resolution No. R-96-63.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
96.110
First Reading Ordinance No. 0-96-22 - Establishing Special Revenue Fund for
Community. Development Block Grant (CDBG) - Set PublicHearing for 9/25/96 (Finance
Director Transmittal 8/22/96. 0-96-22)
ORDINANCE NO. 0-96-22
AN ORDINANCE OF THE CITY COUNCIL OF TI-EE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, CREATING A_ND ESTABLISHING A
SPECIAL REVENUE FUND FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT AND ADOPTING A CDBG BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER l, 1995 AND ENDING SEPTEMBER 30, 1996;
DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON Tt{E
ACTIVIT2[ES OF Tt{E CDBG PROGRAM AND ESTIMATING RECEIPTS FOR THE
FISCAL YEAR; PKOVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
16
Regular City Council Meeting
August 28, 1996
Page Seventeen
96. 002 G.
The City Attorney read Ordinance No. O-96-22 by title and the City Manager briefly
explained its purpose. The Finance Director distributed revised backup reflecting that this
is a first reading to schedule a public hearing on September 25, 1996 and including an
effective date in the ordinance.
MOTION by Barnes/Taracka
I'll move to approve the first reading of Ordinance O-96-22 and set the second
reading and public hearing for September 25, 1996.
ROLL CALL:
Mr. Halloran - absent
Mr. Taracka - aye .~.
Mrs. Cartwright - aye"
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
First Reading Ordinance No. 0-96-23 - Establishing a Debt Service Fund for R/verfront
Waterline Assessment - Set PublicHearing for 9/25/96 ffinance Director Transmittal
8122/96. 0-96-23)
ORDINANCE NO,, 0-96-23
AN ORDINANCE OF THE CITY COUNCIL OF TH]E CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA ESTABLISHING AN AGENCY FUND FOR
TIKE RIVERFRONT WATERLINE ASSESSMENT PROGRAM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-23 by title.
The Finance Director briefly explained its purpose and had distributed revised backup
reflecting that this is a first reading to schedule a public hearing on September 25, 1996
and including an effective date in the ordinance.
MOTION by Barnes/Taracka
I'll move to approve the first reading of Ordinance O-96-23 and set the second
reading and public hearing for September 25, 1996.
17
Regular City Council Meeting
August 28, 1996
Page Eighteen
ROLL, CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- absent
MOTION CARRIED 4-0
96.190/
95.029
Ho
First Reading Ordinance NOL 0-96-24 - Parkinu in Residential Districts - Set Public
Heating for 9/25/96 (Community_ Development Transmittal 8/21/96. 0-96-24)
ORDINANCE NO. O-96~24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, ~ING THE CODE OF ORDINANCES, RESTRICTING PARKING
IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING
DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING FOR
METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY,
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.
This item was withdrawn under agenda modifications.
96.191
First Reading Ordinance No. 0-96-25 Mini Storage Facilities in PUD-C .(Planned Unit
Development - Commercial) and IN (.Industrial) - Set Two Public Hearings for 9/11/gb
and 9/25/96 (Community_ Development Transmittal 8/19/96. 0-96_-25)
ORDINANCE NOL 0-96-25
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
CONDITIONAL LAND USE IN COIVI/VlERCI~ PLANNED UNIT DEVELOPMENT,
PERMITTED LAND USE IN TI-rE INDUSTRIAL DISTRICT, PROVIDING FOR A
DEFINITION OF MINI-STORAGE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER. ABILITY; AND
PROVDING FOR AN EFFECTIVE DATE.
18
Regular City Council Meeting
August 28, 1996
Page Nineteen
The City Attorney read Ordinance No. 0-96-25 by title.
The City Planner briefly explained the ordinance and recommended amendment to the title
to change the word "permitted" to "conditional" in the third line.
John Dean, John H. Dean Architect & Associates, distributed a letter dated today
regarding Indian River County's storage facilities ordinance, which allows different types
of storage in various zoning districts.
The City Attorney and City Manager suggested this ordinance could be addressed at this
time and then the issue of overall mini-storage use could be addressed comprehensively
during review of revision to the Land Development Code. City Council concurred.
MOTION by Barnes/Taracka --
I move to approve the first reading of Ordinance No. 0-96-25 mini-storage
facilities in PUD-C (Planned Unit Development - Commercial) and IN (Industrial) and to
set the two public heatings for 9/11/96 and 9/25/96 as amended.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
MOTION CARRIED 4-O
96.192/
95.145
First Reading Ordinance No. 0-96-26 - Fence~ and Barbed Wire ~ Set Public Hearing for
9/25/96 (Community. Develot~ment Transmittal 8/19/9..6. 0-96-26)
ORDINANCE NO, 0-96-2~
AN OKDiNANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORi2DA, AMENDING TIlE LAND DEVELOPMENT CODE REGARDING
HEIGHT OF FENCES AND WALLS, TEMPORARY CONSTRUCTION FENCES,
TYPES OF FENCES, PROHIBITED FENCES AND WALLS, AND BARBED WIRE
FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Ordinance No. 0-96-26 by title.
19
Regular City Council Meeting
August 28, 1996
Page Twenty
96141 K.
The City Planner briefly discussed the ordinance.
MOTION by Damp/Taracka
I move we approve the first reading of Ordinance No. 0-96-26 and set the second
reading and public hearing for September 25, 1996.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CAKKIED 4-0
First Reading Ordinance No. O-96-27 -. Tree Adviso~ Board Alternate Members - Set
Public Hearing for 9/25/96 (CommuniW Development Transmittal 8/19/96. 0-96-26)
ORDINANCE NO. O-96-27
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR
ALTERNATES ON THE TREE ADVISORY BOARD; PROVIDING FOR
CODIlVICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-27 by title. The City Planner reiterated his
recommendation.
Discussion took place on term duration for alternates and it was decided this matter will
be addressed when overall board procedures are revised.
MOTION by Bames/Cartwright
I'll make a motion to approve the first reading of Ordinance 0-96-27 Tree
Advisory Board alternate members and set the public hearing for 9/25/96.
2O
Regular City Council Meeting
August 28, 1996
Page Twenty One
13.
14.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
MO~ONCARRIED4-0
- aye
- absent
- aye
- aye
- aye
INTRODUCTION OF NEW BUSINESS FROM ~ PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Larry Driver, DelMonte Road, Sebastian, requested additional time.to allow him to read a letter
from Sal Neglia regarding Planning and Zoning public input procedures; and requested that
responsibility for the Barber Street Sports Complex drainage problems be looked into; said the
City Manager had informed him that P & Z procedures would come before Council; and
recommended that the City Attorney attend Planning and Zoning meetings.
CITY COUNCIL MATTERS
Mrs. Norma Damp
Mrs. Damp spoke to an article written by Ruth Davies regarding a proposal to pave the
Cavcorp property. The City Planner said there is no intention to pave and reported that
public meetings will be held in the near future.
Mr. Raymond Halloran
Absent.
Mr. Richard Taracka
None.
21
Regular City Council Meeting
August 28, 1996
Page Twenty Two
15.
16.
17.
D. Mayor Louise Cartwri_~t
Mayor Cartwright announced this weekend's fireworks display; said she had received
many complaints from citizens regarding lack of mowing in fights-of-way; and
commended the City Planner his preparation of ordinances and resolutions on tonight's
agenda.
E. Vice Mayor Walter Barnes
None.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
The City Manager said he will contact Indian River County to determine responsibility for
cleaning around fire hydrants and work toward establishing a policy; reported on the Strategic
Planning meeting held at the Yacht Club last week; announced there will be an Indian River
County Commission public hearing on scrub lot purchases; said he had given authority to the
Lions Club to have a cotton candy/ice cream vendor in the park for the fireworks; applauded the
public participation idea for Cavcorp property design and said board procedures must be brought
into consistency.
Being no further business, Mayor Cartwright adjourned the Regular Meeting at 10:15 p.m.
Approved at the
, 1996, Regular City Council Meeting.
Louise R. Cartwright
Mayor
Kathryn M. O'Halloran, CMC/A. AE
City Clerk
22
I
City of Sebastian
I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
M I N UT ES
Public Forum Regarding Falcon Cable TV
Thursday, August 29, 1996
7:00 P.M.
The purpose of this Public forum is to provide an opportunity to the'i:itizens of the City of
Sebastian and customers of Falcon Cable TV within the City's franchise to express their
feelings about the quality of service provided by Falcon. All comments, both positive and
negative, shall constitute the foundation for negotiations associated with the franchise renewal
requested by the company. It is important to be as specific as possible in describing your
service concerns so that they will be discussed in the negotiations to be held in the coming
weeks.
Mayor Cartwright called the public forum to order at 7:00 p.m.
The pledge of allegiance was recited.
City Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Normi~ Damp
Mr. Richard Taracka
Staff.Present:
City Manager, Thomas Frame
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
City_ Council Absent:
Mr. Raymond Halloran (excused)
1. OPENING COMMENTS' COUNCIL/STAFF
Mayor Cartwright asked the audience for their thoughts, feelings, and opinions relating to
Falcon Cable.
The City Manager read from the purpose of the meeting for the benefit of all.
Public Forum
Falcon Cable
August 29, 1996
Page -2-
PUBLIC COMMENTS
(Note: All persons desiring rnust sign up on the sign-up
sheet located on the card table near the rear entrance;
a maximum of 5 (five) minutes have been allocated for
each presentation)
Please see the attached list for the citizens that were recognized and addressed the City
Council.
After the citizens were heard by the City Council the Mayor recognized Kenneth Vickers,
Kegional Manager of Falcon Cable provider for Sebastian. Nh'. Vickers responded to all of
the questions and his explanations were concise. The public demon.s.trated their approval of
Mr. Vickers personally.
Mr. Vickers introduced Mr. Michael Singpiel, Vice President of Operations for Falcon who , ag.~'
also spoke to the question of"Three Rebuilds", at the request of Mrs. Damp. She noted that °q..e~
was a 26% increase in rates this year alone.
The Mayor requested that the public be notified when cable would be off the air due to
upgrade of equipS3/
Being no further~o come before the Council the Meeting Adjourned at 8:50 p.m.
Approved at the
1996, Regular City Council Meeting.
Louise R. Cartwright
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
SIGN UP SHEET
FALCON CABLE PUBLIC FORUM
THURSDAY, AUGUST 29, 1996
EDRA YOUNG
1151 CLEARMONT ST.
SEBASTIAN, FLORIDA 32958
JW (TOMMY) THOMPSON
125 MAIN STREET
SEBASTIAN, FLORIDA 32958
FRED MANSING
7580 129TH STREET
SEBASTIAN, FLORIDA 32958
KEN VICKERS - FALCON CABLE
WAYNE FOLKERTH
331 COLUMBUS STREET
SEBASTIAN, FLORIDA 32958
THEODORA "TEDDY" HULSE
402 COPLY TERR.
SEBASTIAN, FLORIDA 32958
MARY ELIZABETH ROBINSON
BAY STREET
FELLSMERE, FLOR~A
HARRY DISALVIO
641 BRADDOCK STREET
SEBASTIAN, FLORIDA 32958
GEORGE SCHUM
750 LAYPORT DRIVE
SEBASTIAN, FLORIDA 32958
FRED WININGER
106 THUNDERBIRD DRIVE
SEBASTIAN, FLORIDA 32958
TUT CONNELLY
149 KILDARE DRIVE
SEBASTIAN, FLORIDA 32958
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
FRED AUGENSTEIN
179 CAPRONA STREET
SEBASTIAN, FLORIDA 32958
BOB FREELAND
733 WENTWORTH STREET
SEBASTIAN, FLORIDA 32958
HARKY THOMAS
654 BALBOA STREET
SEBASTIAN, FLORIDA 32958
PAT BARNEY
572 CITRUS AVENUE
SEBASTIAN, FLORIDA 32958
MARTHA WININGER
106 THUNDERBIRD DRIVE
SEBASTIAN, FLORIDA 32958
ANN BUTLER
1197 FAIRFIELD LANE
SEBASTIAN, FLORIDA 32958
SUSAN JOHNSON
1603 N. U.S. I
SEBASTIAN, FLORIDA 32958
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
BLUE CROSS/BLUE SHIELD
RENEWAL RATES
Manager:
AGENDA NO.
Dept. Origin_.HUMAN RESOURCES
Date Submitted 08/27/96
For Agenda Of . 09~11/96
Exhibits: RESOLUTION 96-65
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: NO
SUlViM_ARY STATEMENT
The renewal rates for Blue Cross/Blue Shield health insurance coverage
are going down this upcoming fiscal year. Tbs City has a choice of two
options to select from. One option offers a straight 8% reduction in
premiums across the board in all four categories of insurance
(employee, spouse, child, and family). The other option shifts the
decrease in rates for each categorY' reflecting the usage of health
insurance benefits. The options are as follows:
Option 1 Option 2
% Monthly % Monthly
Savings Cost Savings Cost
Employee only
$224.84 5% $231.65
(City pays)
Spouse
(Employee pays)
Child
(Employee pays)
Family
(Employee pays)
8% $279.86 25%
8% $182.79 35%
8% $358.38 22%
$232 .!9
$135.12
$310.71
The first option saves both the City and employees with dependent
coverage 8%. The second option saves the City 5% and, depending on the
category of dependent coverage selected, anywhere from 22% to 35%,
spreading the savings by actual claims paid. The group that has the
fewest claims (child) has the biggest savings in premium. There are
ten (10) employees now that currently pay for dependent coverage under
our Blue Cross/Blue Shield health insurance plan.
The difference between the two options for employee only coverage is
$6.81 a month x 12 months x 112 full-time positions = $9,152.64.
RECOMMENDED ACTION
Move to approve and adopt Resolution R-96-65 authorizing the City
Manager to accept Option 2 rates for Blue Cross/Blue Shield for F.Y.
1996/97.
doc: agenda
RESOLUTION NO. R-96-65
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT,
ON B52IALF OF THE CITY OF SEBASTIAN, THE NEW BLUE
CROSS/BLUE SHIELD HEALTH INSI/RANCE PREMIUM RATES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT PIEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian provides Blue Cross/Blue Shield
health insurance coverage to its employees; and
WHEREAS, the City has a choice in determining the cost
reduction of those premiums.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. The City Manager is hereby authorized to enter
into an agreement with Blue Cross/Blue Shield for health insurance
coverage.
SECTION 2. CONFLICT. That all resolutions or Darts of
resolutions in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY. That in the event a court of
competent jurisdiction shall hold or determine that any Dart of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affecsed and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed thaL the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 4.
The foregoing Resolution was moved for
member
seconded by council member
and, upon being put to a vote, the vote was as follows:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Council member Norma Damp
Council member Raymond J. Halloran
Council member Richard Taracka
This Resolution shall take effect October 1, 1996.
adoption by Council
The motion was
adopted this
The Mayor thereupon declared this Resolution duly passed and
day of , 1996
CITY OF SEBASTIAN, FLORIDA
BY:
Louise Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
Approved as to Form and Content:
Valerie Settles, City Attorney
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 s FAX (561) 589-5570
SUBJECT: Approval of the )
Purchase of the )
Engineering Copier )
for the Public Works )
Department )
)
Approved for Submittal By:
Agenda No. . ~',~-/~
Dept. Origin DPW-Engineering Div
Public Works Director ~. ,~~~,~
Date Submitted 09-05-96
For Agenda of 09-11-96
) Exhibits: 8-20-96 Bid Summary &
City Manager~~~__Tabulation Sheet,i
) Warranty
) and Guarantee Information
EXPENDITURE AMOUNT A~PROPRIATION
REQUIRED: $5,327 BUDGETED: $5,327 REQUIRED: 0
~J~'/~ SUPSW_ARY STATEi~NT
Bids for ~he purchase of an engineering blueprint copier for the
Departmen~ of Public Works were opened at 10:30 AM on August 19,
1996 ~bids were received. One bid for $5,327 was received from
OCE'-USA, Inc. of Orlando, Florida and the other bid for $11,500
was received from EGP, Inc. of Ft. Pierce, Florida. Two bids which
were received by the Office of the City Clerk after the bid opening
W~alified. The Bid Review Committee met on August 20, 1996
and recommended that the purchase order be awarded to OCE'-USA,
Inc. of Orlando, Florida for the counter top model, Model 7050
Engineering Copier without the stand. There is a standard 90 day
warranty on all parts, labor, and service visits and a 3 year Total
Quality Customer Satisfaction Guarantee. Two bottles of toner and
one bottle of developer are included in the purchase price which
will last more than one year based on the number of prints the
Department of Public Works projects it will make. The Department
does not recommend entering into the service agreement during
the first year, the cost of which was not included in the bid price
but would be an operational expense not capital outlay. If
repairs are necessary once the 90 day warranty expires, they
would be paid for on a time and material basis.
The City Attorney has reviewed and approved the bid documents.
RECOMMENDED ACTION
Move to award the purchase of the engineering copier for the
Department of Public Works to OCE'-USA, Inc. of Orlando, Florida
for its Model 7050 Engineering Copier in the amount of $5,327.
SERVICE AND MAINTENANCE - ES
Oc~ photocopy machines are designed and built to the highest quality standards. To ensure that the
machines continue to perform to these high standards, Oc~ service systems have been developed to
provide a high percentage of uptime.
Since Oc~ copiers are of modular design and do not utilize developer, periodic preventive
maintenance, as required for most xerographic type copiers, is not required. Product parts
replacement and retrofits are accomplished, as necessary, periodically during regular service calls.
RESPONSE TIME
Oc~ guarantees an average response time of 4 hours for model numbers 7500, 7600, 7700,.
9555/75, 9800, 3450 and the 9400'at 6.0 hours (all other ES models are 8 hours) within a 25-mile
radius of an Oc~ service facility. Oc~ guarantees an average response time of 8 hours for all
products within a 26-50 mile radius of an Oc~ service facility. Response time is defined as the time
elapsed from the moment a service call is plaCed to the Oc~ Service Disp..atch Center by the Key
Operator, until the service person appears to repair the machine.
NORMAL WORK HOURS
The frequency of service calls is dependent upon expected copy volume. Oc~ will respond only to
service calls on Oc~ copiers. Oc~ normal working hours are 8:30 a.m. to 5:00 p.m., Monday through
Fdday.
REPLACEMENT POLICY
In accordance with Oc~'s dedication to high customer satisfaction in all areas of a business
relationship, equipment which cannot be repaired in good working order in accordance with
published equipment specifications, in a reasonable period of time, will be replaced. This situation
will take place at Oc~'s sole discretion and the written request of the Customer. The replacement
equipment will be a like Oc~ product that provides equal or greater capabilities at no additional
charge for the period of the then current agreement.
MAg, I'TES/T&C'~ I O 1395
1 of 1
TERMS AND CONDITIONS
1. CONTROLLING TERMS - This quolation supersedes and merqes all pr;or
communications belWeen Ccc-Engineering Syslems ("Cc,?) anr~ Cuslomer.
excapl as Specificnlly sol forth herein, and the Iollowir]q {em]s. ~agelher wilb
such terms Rs are set ~odh on the fm~e of lh~s qunlaliom nnd wilh sUct~
addilional terms ~ are opproved ~n wrifinr] by Oc~. consti:ul~ [he oiler o~
and shall, when accepted, constitute lh~ entire ~:onhact belweo~ Oc~ and
Cuslomer Ccc hereby gives notice o~ ~Is ehlpction ~) any rhfferenl
2. ACCEPTANCE - lhi~ duolnlion shnll b,~ de.mad ;t(~(~'~}lfwJ {Ipo~ rocnipl
Cuslomer's pumhRse order in Ihe c~se el SaJ,~ hnnsncli,.m and, in lite case
Of renlal or lease Iransactions, upo~ u~celpl ~3f (l~n Oc~ retrial or
agreemem, ns the case may be, executed on h~hnl~ el (~usIon1~f Iogethm
wilh Custonmr's confirming purchase order. Upm] ~md acceptance,
conlract shall be el~ecfive alter, and shall ~urvivq. ii) OC~ home office
verification mid approval prior [o delivery. Delivery. h~stalfafion end other
pedormance of work shall at all times be subject to oce credit depa~ment
approval. Ccc may al any time decline o make any shipmenl or defive~
pedor~ any work oxc0pt upon receipt nf payment or se~'urlty or upon
and condition ~nlisfaoto~ Io Ccd.
3. PRICES~AXES. 'rhe price(s) staled her~s~ are lirm far lhirly (30) day~ of
dale hereoL Thereader. such price(s) are subi~ct to increa~ al any time prior
lo delive~ as required Io cover OC~'s increased costs. Unless otherwise
stated herein, s~id price(s) do nol include applicable taxes, such as state and
I~al sales and use taxes. Customer shall be invoiced [or said taxes which
Cch is required ~o pay or collect.
4, DELIVERY~ISK OF LOSS * Unless olhe~ise stated heroin: (a) Delive~
and transfer et risk et loss will be FOB shipping point, cuslomer being
responsible for transportation and handlieg costs, and (b) Oc~ may make
separate delive~ et unit(s) on multiple unit orders. Shipping or defive~ dales
are approximate and ba~ed On prompt reCeipl el all necessa~ infnrmalion.
OC~ shall be excused for any delay lo ci~umstmtces er CRII~ beyond h-
control of OC~ in Ihe reasonable conduct el s huffiness.
5. CONFORMING COCOS. If upon receipt any of ~he product~ k, b~ de voted
do not appear Io con~orm to the contract, Cuslomer shall immedialely noilly
Oc~ and afford Oc~ a reasonable oppodunity to inspect same. No material
shall be returned wilttoul wriflen consent o~ Oc~. In no eve,t sl~all Oc~ be
liable for incidental or consequential damage by reason el h,lure to furnish
con[orming products.
6, INSTALLATION - Unless olhe~ise ~ated herein, the price(s) set ¢orlh herein
do not cover installation el equipment to be delivered, and Customer will be
charged the inslallalinn [e~ as set froth in lhe Currant Oc~ Price List.
Inslallalion includes initial on-site assembly and testing, and inmruction in
proper operation of eqnipmenl by Oc~ trotted represenlatives. S'uch ~ewices
will be rendered during Oc~'s normal bosine~s hours, The cost' of mia
preparation and any rigging iS the responsibility of Customer.
7. INVOICING PAYMENT - Oc~ shall invoice as of lhq dat~ or delivery (or dale
el initial shipment if II]is quotation specifie~ delivmv n ~ oflmr than FOB
shipping pom[ basi~). Oc~ may separately invoice ~or end) -fit on multiple
unit orders. Invoices are payable net upon receipt.
8. iN-PLACE EQUIPMENT - It this quotation related to cCnversi~n 1o purchase
or In-Place equipment. Customer will be invoiced as of fl~e dale of Otb home
olfice approval as set forth in paragraph 2 above. Cuslomer will not be fiable
¢or fixed monthly rental or for minimum rental and meier chmges for the
period between Customer acceptance'~ Oc~ home olfice approval as
~odh in paragre0h 2 above. Custombr will be billed ~or such chara~ in lhe
event Oc~ home office declines to issue approval. '
9. SECURI~ iNTEREST . Oc~ rese~es and Customer grants to Oc~ a
purchase money securily interest in the equipmenl delivered he et nder a wi
any all replacemenls, subslilutions, and repairs ~here{o, a~ ,.,mil ns any and all
proceeds el the [oregomg for the purpose o~ secubng any unpaid
due and all olher promises and 0bliqalions of Customer ~o OcO absm=
IhJs quot~lJon and the resulting conffact, Customer agrees to ~i~n and
execute at any lime alone Or with Oc~ any fina,cing statement ~r olher
document which Oc~ deems reasonably ne~e~sa~ m protect ~]nd continue
Oc~'s security interest. Oc~ is also granted an irrevocab e power ~f attorney
to execute such financing statements or other doctsl]ef~t~ on Customer's
behaff, Customer ~hail prevent and bold Oco harmless naainsl lho
of interests or Clinics by third portiere When all al CUSl(;mer s puml~c~ and
ohligalions have been tully paid and ~atisfied. the Oc~ ~ectmlv in/crest shnll
tenninale.
WARRANTY . The following warranties are exlendod In cucR)mprs who ~r~
original purchasers for use;
A. Newly manufactured and remanu/actured CEOIJI~MENT"I . Oc~
shall repair or at i~s option replace paris (other than m,3inlenance
and photoreceplors) determined by Oc~ to be defeclive rn mRlenal ar
workmanship during lhe warr~nly period. The wauanlv parred fr)r
EQUIPMENt is sql JOrlh On the fronl page helper, gullnq the
period. Oc~ shall also provide semco ~djustnlents dlmnq ~ts
business Jt()tjr~ a~ nO charge as determined necessary qDJ~lt Ir~Sl~e~:t~r,,1 by
the sccp9 gl this w,~rra~lv
Ti~e fo;ageing equiDme]l/ ',vatranlv does not ;1 )l'c,,, 3 In-PlRce
Equ!pnrl:nl converted from re a e~lSq lo pL rC ~ 15i~ hJlJeS~ such
CgnvorSlOll OCCURS JeSS than gO drys alter originni ill~anJl~h,)n (in Ihe case
Of ne'.vi'/ manulaclured EOUIPMEHT} or less than 30 ,In,..:; .311er original
instaffallor~ (m the case o~ remanu ~ctured EOUIPME't,13 ~ rn mmh n~ses
C. Reprogr'u~hlc ~{Ippli~s arid ralt~; - Oc~ shLiII hp.m (w replace
reproglaphic supplies and parts {i.e. loners, p,~pers. ~,*r;~ Jex.-~-pers.
exposure lamps, parts and chemicals) al no cost when (J,~?~rrl~lrled by Oc6
to have hewn detective in material or '.vorkm~nship nl H ~, hn]c (~ defivery.
provided Customer returns same Io Oce ,.vill~in 60 days ;)lp,i ~,li,/q y.
D. Warranty Exclusions . Repair. replacemenl of ~T ~ +,: m:d'or service
adjustment required because of misuse, impropo~ ma,~ or storage.
negligence, alleralJon, accidenL use of iecompahl,le
specified maintermnce are not covRt~d, nor ~1~ JJl~
maintenance item~ (inC [ d rig, bul nol JJllllJed Jo, PxjJntlllp ;IHd pmleClio~
J;imp~ arid viowillg SCmOns) made in COrlli~cllOll wdh fir)mUll mailil~n~flce
E. Geographic L m Ialion . With respect lo Equipme~d l~)cated oulside
Ihe contiguous United 81ales. Oc~'s sole warfanly obliyafion sl~all be to
replace paMS d~le~in~ by Oa~ lo delacIive in maled~ls ct workmanship
and relumed to Oc~ du~ng the applicable Equipmenl warranly period.
ll. OlSOL~I~E~ OF WARRANTIES - THE FOREGOING WARRANTY
EXP~ESaION8 A~E IN LIEU OF ALL OTHER WARRANTIES.
OR IMPLIED, INCLUDING IMPLIED WA~ANTI~S OF ME~OHANTABILI~
AND FITNESS FOR A PARTICULAR PURPOSE, AND TFIE E> SlENCE OF
ANY SUCH OTHER WARRANr-Y IS HEREBY DENIED USED EQUIPMENT
IS SOLD "AS IS" AND O~ MAKES NO REPRESENTATIONS OR
WARRANTIES IN RESPECT THERETO.
~2. LIMITATION OF LIABILITY AND REMEDY -
A. 'rim ~iabillty of Oc~ ~or bCeacb el any warranW here~m,ier
the repair or replacemenl of the equipment, supplies or pm'ts on which the
liability is based,
B. AIl olher liabilily ol Oc~ with respect lo [his quolafion and resulting
contract, or from the manufacture, installation, maintenance, repair or use
o~ m3y equipment o¢ Supplies or paris covered by o¢ [ornJshod hereunder,
wheltler in conlract, or in lo~, or olhetwise, iS limited ~o
by Customer to Cch pursuant to the lerms hereof.
C. Ocr~ SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THE REMEDIES SET FORTH HEREIN
ARE EXCLUSIVE.
/3. BREACH - Any breact~ by Oc~ with respect to a unit(s) of eq[,pment shall be
dqemcd ~ [7[~c~ with respecl to thai unit(s) only.
14. NOH-ASSIGNABILITY. This quotation and/or tl~e resulting contract may not
be ns,,t~gn~d by Customer without prior written qonsen~ of Oc~.
15. EQUAL EMPLOYMENT ~PORTUNiTY - Oc~ ce~ifies that it is an Equal
Opporlunily Employer,
16. FAIR LABOR STANDARDS ACT - Oc~ ce~ifies that all producls covered by
thi~ quolation manu~actur~ by Ccc and all services pedormed by Oc~
compliance wilh the Fair Labor SlandarOs AcL
17. GOVERNING LAW - This quotation and the resulting cataract shal~ be
go,zorrmd in accordance wilh the law o~ the State of illinois.
/8. EQUIPMENT MAINTENANCE . II customer requests parts or so.ice other
~lmn pursH3nt to ~ Oc~ se~ice maintenance agreement, Cuslomer agrees
Ihat if ,vfll p~y charges [or labor and malerials in accordance wdtl Oc~'s then
currel~t JaPer a~d travel time rates and pad pnces which are subject
chan~ '.'~dt~ou[ notice. Invoices are payable upon receipt, PRm~]raphs 10~,
~I and I~ ~beve apply to Time and Materials So.ice and govern oce's
'.vmra,ly and fiability obligations iff connection therewith. If thzs quo]otter1
includes Saw,ce purmJanl to an equipmenl mainlenaflCe aq~eernenl. II~e
E,luipnmnt Mainlenance Agreomenl Terms ~el refill therein shall apply,
wlmiho~ or nol caid Equipmonl Maintenance AgreenlonI is alt;lobed.
sh~ll I r mh same on requesl).
19. ~ENTAI. - II lifts quolalion cover~ the tenlal of equipmenl hv Customer. Ihe
Ccc rmms of Rental ~el [orth in II~e current Ccc Rent~l ~gr~em~nl M~atl
npply w Pther or not snid agroerneet Is atlached. (Oc~ ~lmil furnish same on
request).
20, LEAS~ - I[ (his q~olalion Covers Ihe lease et equipment by CL~SJOn~[, the
Jor111~ 811ri candilicns set JoMI1 ir1 the a~plicable of OC~'S currenl Equipment
t_ea~g Aq'e ~ nents shall also apply, ','/heft)er or nol such i~,
3hRII [[JIIm~h s~rn~ On request).
21. TRAD~.iNS.Customer~(~e~sto[ran~fer~nd.~s~n ~ ~"
,n pmd,,m~ oPp,cable herin.ruder Cus omer w~rranls tO Oc~
t~ n ~ hire 0 a u~h
: , r ~ ~, , S .., nde-in products ~nd lllq ,~,v W
,r~l~) tU
Total Quality Customer Satisfaction
O U R G U A R A N T
Oc~ is committed to Total Custonler
Satisfaction by providing the highest quality
products and services.
We have demonstrated this commitment through the achievement of [SO 9000
Quality Management System Certification for new equipment manufacturing and
by being the first U.S. service organization in the reprographic industry to be ISO
9000 certified. Quality and Total Customer SatisfaCtion are long term, ongoing
commitments here at Oct.
The strength of this commitment ..is expressed in the following guarantee.
If you are not satisfied with the performance of your Oc~ engineering equipment,
we will, upon your request, replace the product with a machine with equivalent
features and capabilities.
This guarantee is applicable for three years from the original equipment delivery
date for Oc~ engineering equipment products that have been continuously main-
tained under service agreement by Oc~ or its Certified Service Agents or Dealers.
It is not applicable to equipment damaged or destroyed due to negligence or
circumstances beyond the control of the customer or Oct.
Certificate No: 103992
This guarantee applies to new or remanufactured Oc~ engineering equipment acquired
on or after August 1st, 1995.
,,
Oc~-USA, Inc.
Oc~-Engineering Systems
5450 North Cumberland Avenue
Chicago, Illinois 60656
Cig,- of
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-8200 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
Subject: Request for establishment of
Workshop
Approved for Submittal by:
Thomas W. Frame, City Manager
Agenda No.
Department Origin: City Attorney
Date Submitted: September 5, 1996
For Agenda of September 11, 1996
Exhibits: None
Expenditure Required: no
Amount Budgeted: N/A
Additional Appropriation
Required: N/A
SU~E~/IARY STATEMENT
A number of' requests have been received from individual parties and other private interests
relative to the private use of City owned f'acilities and properties. Currently, no specific policy
exists to how these issues should be processed or addressed. A workshop would allow both the
staff and Council proceed with more insight and direction.
RECOMMENDATION
Approve the setting of a workshop on Wednesday, September 25, 1996, at 6:00 p.m.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Rental of Community Center
For Wedding Reception
]
]
]
APPROVED FOR SUBMITTAL BY: ]
]
AGENDA NO.
Dept. Origin :
Date Submitted:
For Agenda Of: ~
City Manager:~.,~z~ cz,,). ~_~--Exhibits:
City Clerk~
September 4, 1996
September 11, 1996
Application dated 8126/96
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
~UMMARY STATEMENT
The City has received an application from April Crocker requesting permission to
rent the Community Center for a wedding reception on October 26, 1996 from
5:00 PM to 9:00 PM.
She is also requesting the use of alcohol at this event.
A $250.00 security deposit was received with the application.
RECOMMENDED ACTION
Move to approve the request.
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
Name of Organization or Group if Applicable:
Requested Date:A ~, ~
Please Answer YES or NO:
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorcrdons be put up?
[/~ COMMUNITY CENTER [ ] YACHT CLUB
Telephone No.:
Approx # of Persons Attending Event:
Time of Day:. From
4) Will there be an admission or door charge?
5) Will alcoholic beverages be served?
(a) If answer to #5 is Yes, Perrnittee's Proof of Age:
(b) If alcohol is to~e served, per'rr~ssion is ~ by City Council. Your request will be presented to
Counc/Ion ~. i/, /~ · .
Security Deposit $ ~O ~'-'~. ~ Rentals
Make Checks Payable to: CITY OF SEBASTIAN
' "' SPECIAL NOTE: A serv/ce fee of 5% or $20.00 (whichever is greater) may be charged for any
dishonored check per Fl.orida Slate Statute 166,251.
OFFICE USE ONLY
Security Deposit Paid On
Rental Fee Paid On
~Date Cash Check Initi~s
Date
Alcohol Beverage Request hecad at the Council Meet/ng on
Key Pickup Date
Security Deposit Returned By City Check No.
Comments:
Cash Check
Key Return Date
in the amount of
Initials
.APPROVED/DENIED
on
City of Sebastian
i 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407] ,:589-5330 [] FAX (407)589-5570
SUBJECT: First public hearing of
Ordinance 0-96-25, Mini-storage in
PUD-C (Planned Unit Development -
Commercial)
Approval for Submittal By:
City Manager~ ~-f~(.e~
)
)
)
)
)
)
)
)
)
)
)
)
)
Agenda Number: ~
Dept. Origin: Community Dev.
(RM)
Date Submitted:
For agenda Of:
Exhibits:
1.
09/04/96
09/~/96
Ordimmce O-96-25
EXPENDITURE
REQUIRED:
AMOUNT
BUDEGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Commercial Planned Unit Development (PUD(C)) allows light industrial development in
those areas with a future land use classification of General Commercial. The Land
Development Code limits the type of light industrial uses allowed. Mini-storage is not
included. Mini-storage has been interpreted to be allowed in the industrial (IN) zoning
district.
The Planning and Zoning Commission at the November 2, 1995 meeting voted to
recommend to the City Council that the Land Development Code be amended to define
mini-storage and to include mini-storage as a permitted land use in PUD (C). The
staff, in preparing the ordinance for this recommendation, determined that the
recommendation would inadvertently prohibit mini-storage in the industrial zoning
classification. The matter was taken back to the Planning and Zoning Commission to
determine if that was their intent. At their August 15, 1996 meeting, the Planning and
Zoning Commission voted to recommend to the City Council a definition of mini-storage
and to include mini-storage as a permitted use in PUD(C ) and IN zoning districts.
I
The City Council, at the August 28, 1996 City Council meeting, approved the first
reading of Ordinance 0-96-25 and set the first public hearing for September 11, 1996
and set the second public hearing for September 25, 1996. I
Hold the first public hearing for Ordinance O-96-25. ~ ~ ~. ~ -+-
~/~.~/'~_~ I
I
I
I
I
I
I
I
I
I
I
I
,
!
ORDENA~C~ NO. ~96-2~
AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
REGARDING CONDITIONAL LAND USE IN COMMERCIAL PLANNED
UNIT DEVELOPMENT, PERMITTED LAND USE IN THE INDUSTRIAL
DISTRICT, PROVIDING FOR A DEFINFFION OF MINI-STORAGE;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABH.gFY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Wl:~S, the City Council of the City of Sebastian, Florida, desires to amend the Land
Development Code relating to permitted land uses in commercial planned unit development, permitted
land uses in the industrial district, and providing for a definition of mini-storage; 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 do so,
NOW THEREFORE, BE IT ORDAINED BY ~ CTrY COUNCIL OF THE CTFY
OF SEBASTIAN, FLORIDA, THAT:
Section 1_. Section 20A-4.6.H.2. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
2.
Light industrial development. Light industrial development may be allowed only
in those areas, if any, of a commercial PUD zone having a land use classification
of General Commercial (CG). The total land area proposed for light industrial
development shall not exceed ft.ffy (50) percent of the total [developablelland
area
with a general commercial land use designation.
a. All such uses shall comply with all performance standards in Article VII of
this Code and shall take place wholly within closed buildings.
I
I
b. Light industrial development within a commercial PUD(C) shall be limited
to the following conditional uses; I
(I) The manufacturing, compounding, processing, packing, or assembly I
of small electrical items, components, or circuitry, jewelry, musical
instruments, toys, novelties, and other similar items, that are I
dependent on component parts or raw materials manufactured I
elsewhere.
(ii) Schools, offices, laboratories, and other such facilities for research. I
(iii) Motion picture production studios; p[ofessional, scientific, I
photographic or optical instruments. ' I
(iv) Printing, engraving, and related reproduction processes.
(v) Publishing or distribution of books, newspapers, or other similar I
printed materials.
(vi) Mini-storage .'l
Section 2. Section 20A-3.14.B. of the Land Development code, City of Sebastian, I
Florida is hereby amended to read as follows: i
B. Permitted uses. In this district as a permitted use a building or premise may be used
only for below stated uses. All applicable provisions of this code shall be satisfied I
including site plan review and performance criteria. I
Permitted uses: Public and private utilities, business and professional offices, gasoline I
sales, general retail sales and services, limited commercial activities, merchandising of
secondhand goods, enclosed commercial amusements, plant nurseries and landscape i
services, restaurants (excluding drive-ins), trades and sldlled services, vehicular sales I
¢¢ ,
and related services, vehicular services and maintenance, wholesale trades and services,
veterinary medical services, ..mini:storage, industrial activities as defined in subsection
20A-2.5(D), and accessory uses, including one accessory watchman facility limited to
one hundred fif~ (150) square feet.
Section 3. Section 20A-12.2. of the Land Developmem Code, City of Sebastian, Florida
is hereby amended to include the following:
lVFmi-stor~_e. A building or ~roup of buildin_~s 'ma controlled acc. ess compound tah~t
co .mains equal or v~ size of individual compartm~iTed, and conB'., olled access .~_1. tq or lockers
for the dead storag~ of customers goods or wares.
Section 4. coDn*ICATION. It is the intention of the City Council of the City of
Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land
Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such
other word or phrase in order to accomplish tach intention
Section 5. CONFLICT. All other Ordinances or parts of Ordinartces, Resolutions or
parts of Resolutions in conttict herewith are hereby repealed to the extent of such conflict.
Section 6. SEVERABn'.rrY. 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
Section 7.
after its passage and adoption.
EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days
PASSED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST
READING, THIS __ DAY OF , 1996. PASSED AND ADOPTED BY THE CITY
COUNCIL OF THE crrY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING,
THIS __ DAY OF , 1996.
The forgoing 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 Louise R. Camvdght
Vic~ Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared
... ,1996.
Ordinance duly passed and adopted this
CITY OF SEBASTIAN, FLORIDA
By:.
Louise 1~ Can'wright, Mayor
day of
ATTEST:
Katlasm M. O~4_alloran, CMC/AAE
(Se~)
Approved as to Form and Content:
Valerie S~es
City Anomey
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
SUBJECT: APPOINTMENT OF MEMBER
TO CODE ENFORCEMENT BOARD
Approval for Submittal By: )
City Manager ~ ~, ~xhibits:
) 1. Applicatio.ns
)
)
)
)
) Agenda Number: ~'/? /
)
) Dept. Origin: Com~.unity Deve%opment
)
) Date Submitted: 9~.3/96
)
) For Agenda Of: .... 9/11/96
2. Memorandum dated 8/22/96 from
Code Enforcement Board
Secretary
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. George Metcalf's regular member term, engineer position, expired
8/1/96. Mr. Metcalf is not eligible for reappointment as he has served
two consecutive 3-year terms. This position was advertised to the public
until August 9th, 1996. Three applications were received.
After its interview with the applicants at their August 21, 1996
meeting, the Code Enforcement Board passed a motion to recommend to City
Council to appoint Mr. Thomas Connelly to a 3-year regular member term-
engineering position, expiring 8/1/99.
The provisions of Section 10, Resolution R-94-51, requires that the City
Council interview each applicant at a public meeting prior to voting for
their selection.
RECOMMENDED ACTION
Interview the applicants and make an appointment to fill the engineer's
position, term to expire 8/1/99.
T.
HISTORY
7185 - 9195
3/84 - 1/85
6/81 - 3/84
8/79 - 6/81
.RESUME
John F. Hearne
2314 Kelly Drive
Sebastian, FL 32958
561-589-4945
City of Cassse!ber~-f Casselberry, FL
City Construction Inspector/Engineer - Employed as
inspector for paving, drainage, roadway lighting,
sidewalk construction, striping and all phases of
highway construction. Also employed as utility
inspector for water sanitary sewer, lift station
construction and inspection.
Charles H. Sells Co. Consulting Engineers
Employed as Resident Engineer on 3 New York State
Dept. of Transportation resurfacing contracts.
Work consists of traffic signal installation,
extensive drainage installation, guide rail work,
road widening, base concrete installation, asphalt
resurfacing, and intersection improvements.
Contracts are located in Suffolk County, New York
totaling an amount in excess of 5 1/2 Million
Dollars.
Berger Lehman Assoc. P.C.
Employed as Office Engineer/Chief Inspector on the
Long Island Expressway Lighting Project: Comprised
of four separate contracts, for the installation of
new lighting on the Long Island Expressway and its
associated bridges, spans, off roadway signs, and
major inter-changes. The scope of the project
covered a one way linear distance of 35 miles, from
Glen Cove Road in Nassau County, to Nichols Road in
Suffolk County, totaling an amount in excess of 6
Million Dollars. Supervision of placement of high
mast lighting poles 100 feet. Promoted to Resident
Engineer on additional sign lighting contracts.
Baldwin & Cornelius Co. P.C.
Employed as Senior Inspector/Office Engineer on New
York State Dept. of Transportation Federal Aided
Resurfacing Contract on various streets in the Town
of Hempstead (13.2 miles FAUS). During a major
portion of this contract, I performed all of the
functions of the Residen~ Engineer in his absence~
John F. Hearne Page 2
as he was involved in several other construction
contracts. Also worked on State Road Route 59
(Region 8) doing final paving.
1/73 - 8/79 Bowe Walsh& Associates.
(73 - 77) Started as an Inspector and acquired several years
of experience in all phases of construction,
including sewer installation, base paving, final
paving and restoration.
(77 - 79) Promoted to Chief of Paving for the entire
Southwest Sewer District. This position involved
assignment and superwision of inspection personnel
for up to 13 independent paving operation.
Coordination meetings between various
Municipalities and Contractors and the Suffolk
County Dept. of Environmental Control. Training
and instruction, both field and classroom, of all
paving Inspectors. This contract paving work
involved many State and County roads, including
sections of S~rise Highway, Montauk Highway, Route
110 and Route 109.
1/50 - 12/72 Cocoa Unlimited New York City, Ne~ York
Inspection for private concerns of commodities and
cargo storage on New York waterfront. Licensed
Inspector withNew York Cocoa Exchange and New York
Coffee and Sugar Exchange.
~ National Institute for Certification in Engineering
Technologies Certification ~069225 - Senior
" Engineer Tech Level 4 - Long Island Lighting Co.
Safety Course for Construction Procedures.
Cathedral High School.
MISCE~LANEQUS Member of American Societyof Certified Engineering
Technicians.
~_ERENC~S Available on request.
S,~M IP~ol.J TO
RE:G~ON,~.. I"'JlR ECTOR
STATE OF NEW YoRK
DEPARTMENT OF TP, ANSPORTATI(DN
V E"rERAN<:; HIGHWAY
HAUPPAUGF_ N.Y. ~7~
.Ja. ME$ L. L.AROCCa
CO M MI.~.~iO N ER
January 20, 1984
To Whom
peri~ he ~ workee ~ a~ .~K:'L~e -~,.~.e~ ~d chief inspector, ~d ke is
Based on his performance in eac~ ~J~' Shese positions, I would highly recommend
John Hearne for employmen~ on :'utu~ New York SUaVe Depar~meaZ of Tr~nspor~auion
construction projecms.
Please call me a~ 516-}6Q-~;Ob ~ :'~,r ~y additional information you may need on
~his recammenda:ion.
Vemy ~ru_ly yours,
Regional Construction F_ugine~r
O.
-- u~~derm~and t.%a~, ti~e C--'t~. Council cf tine Ci.t? of
1
I
I
I
I
i
I
I
I
.i
I
i
i
I
i
I
I
i
Thnm~c: TI I~'H~ ~.r~nn~]h~
149 Kiid=re Drive
Seeds,fan, ~oncta 32_958
(4(]71 388-1846
EMPLOYMENT
Division Superintendent
Penn$¥;¥=nia Railroad1 CoT.
1940-1969
5.qtered ~-nployer's Engineer Training Program in !949, From ~a[ point, t continually a~vancec[ ~rougn
~e ranks attain!ng the position cf Division Supenntendent in 1966.
Managed three f~ousano emplo,!ees. 59 cf wP, em were top superviscrs, with to[ai responsibility fcr ~e
safe and efficient c~e~tion of an entre railroad c!ivisicn and ail funcdcns ~,erecn.
Superinter~dent 1969-1971)
MONONGAHELA RAILWAY CORP. BROWNSVILLE, ;A.
On leave-of-absence from the Pennsylvania Railroad. i was responsible for ail ~ca[S of eiemen~s
necessar~ to operate an entire railroacL
President-Owner
Wes~ Nassau insurance Agency
C~erated an independe-,~t property casuaJ["! insuranca agaric'/.
Callahan, FL
Maintenance Engineer
Florida Department of Transporta~lon
1982-1994
Fort L~uderdale, FL.
Managed me planning, orgamTJng and cltrec'Jng ~e maintenance of state owne~ mgnways In a ~ve-
ccunt7 area of southeast Ronda. with special empiqasis on budget, safer7, environment and erne~enc'!
management
EDUCATION
aatcttelor of Scion. ce, Civil
VIRGINIA POLYTECHNIC INSTITUTE
1945-1949
BLACKSBURG, VA.
PERSONAL SKILLS
And iNVOLVEMENT
Fresident West Nassau Chamber of Commerce
Memtuer Morccco Shnne AraD Pallet
Cenmal Committee Fiodda Oemcc:atic Party
Northeast F~onda ~tanning Council
Chairman Nassau County Economic Development Ccunc!!
Nassau County Health AcMsor7 Committee
Buvai County Private IndusVY CounC~'l
Transpcrfat~6n Subcommittee K~ngs Bay impact Committee
Liscensed Professional Engineer
USZNESS TEL~PHCNE:
(use addit!onai sheets if necessaz-/ or submit resume if av~i!ab!~)
I0.
!!.
12.
14.
Voter ==~qls~ra=!cn nc.
Ars MCU a resident cf the
Length of Rss~denc~
Dc ~/cu hold a ~ublic
Do ~/cu seize cna CL~z ~card
PLEASE ~{ECX THE BCARD($) YCU ARE iNTEREST=~ IN SERVING ON:
(P!easa num~er dn order cf Drsference with flr~ choice
being "!")
*~CA~D OF -~D~--JSTN. ENT
C~ET~RY
~PL~NZNG A=~ ~ -
~-,~ZCAPgED CCN~ZTT~
16. What .c/ual£f!ca=!cns do you have tc --~-_ cn tln/$ board?
What r~ascns dc ~zcu have for wis~inc
bce_-d? - - ~-- -- -
.... ~ .... j'
17.
m
i8. i~ave ~zcu ever been convicted of any felony or any i
misdemeanc_~ invclv%nq more, ~i~d= ~ +~ C~ -
%9. Would you consider sar~inq on ~otker
Z ~ders~d ~a~ the Ci~ C~,,~* ~--~ ~- -,, - - -
_..~, u~--_~a~ oe~ member who is
~nls~eme~or ,=~a~=d t~ ~ =...~
i hereby authorize the Sebast~ police m=~=~l_. .-_
to me or has produced ~, . who ls .per~on~!!?, known
as identification'.
Mo'-ca~ ~ubi£c. S=awe of-~_Or!da
Name
~form\a~p!lca=hcn
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 13 FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
August 22, 1996
Mayor, City Council
Dorri Bosworth, Secretary~
Code Enforcement Boar~
Recommendation - Appointment to Board -
Engineer's Position - Term to Expire 8/1/99
Mr. Metcalf's expired engineer position was advertised to the
public and three applications were received. At its August 21,
1996 meeting, the Code Enforcement Board met and interviewed the
applicants.
Chmn. Generazio opened the floor for nominations.
Mr. Neglia nominated Mr. Thomas Connelly:
nomination.
Mr. Metcalf nominated Mr. John Hearne.
nomination.
Mr. Goelz seconded the
Mr. May seconded the
The following vote was taken:
Mr. Goelz
Mr. Metcalf
Mr. May
Chmn. Generazio
CONNELLY
HEARNE
HEARNE
COB-NELLY
Mr. Neglia
Mr. Cosco
Mr. Oliver
CONNELLY
HEARNE
CONNELLY
Mr. Connelly carried the vote 4-3.
Mr. Neglia made a motion that "we send to City Council a
recommendation of Mr. T.T. Connelly to fill the open position of
engineer." Mr. Cosco seconded the motion.
A voice vote was taken. Ail members were in favor.
!
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (40~ 589-5570
FROM THE CONSTRUCTION BOARD )
) Dept. Origin: Community Development
Approved for Submittal By: i Date Submitted. ~9/3/96 (RM)~
) For Agenda of: 9/11/96
) .~
City Manager~~~~Exhibits
~- ) 1. Letter dated:7/29/96 from
) Wayne Tozzolo.
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEMENT
At their meeting held 8/13/96, the Sebastian Construction Board made and
passed the following motion unanimously.
MOTION BY MR. CECRLE, SECONDED BY VICE C~IAIRMAN MOSBY T~IAT
WE ACCEPT WAYNE TOZZOLO'S RESIGNATION WITH REGRET.
MOTION CARRIED.
RECOMMENDED ACTION
Move to accept Mr. Tozzolo's resignation with regret.
I
,yne . Tozzolo
.. ~.//'I/ . '>?',.....
"'~-,..-'"' ":"; 'c,
lu. ly29,1996 "-..,.
City of Seb. astian ..
Construcbon Board
Dear Board Members,
I will not be seeking a second term as a Construction
Member due to my current schedule between work and
family commitments. I have enjoyed serving with my fellow
board members and hope to return sometime in the future.
I would like to take this time to thank the Board Secretary,
Kathy Nappi, for her hard work and assistance through my
term.
Sincerely~
Wayne R. Tozzolo
City of Sebastian
1225 MAIN STREET '-' SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT- LETTERS REQUESTING ) Agenda Number
APPOINTMENT TO THE CONSTRUCTION )
BOARD ) Dept. Origin: Community DeveloDment
) (RM)
) Date Submitted: 9/3/96
Approved for Submittal By: ) '
) For Agenda of: 9/11/96
City Manager '~ ~.O~-~--- ) Exhibits:
)
)
)
)
)
)
Applications~from Michael
Oliver, Sr. and John F. Hearse,
Sr.
EXPENDITURE
REQUIRED-.
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At their meeting held 8/13/96, the Sebastian Construction Board made and
passed unanimously a motion to recommend to City Council the appointment
of Michael Oliver to the alternate certified contractor position and
John Hearne to fill the alternate concerned citizen position.
The provisions of Section 10, Resolution R-94-51, requires that the City
Council interview each applicant at a public meeting prior to voting for
their selection.
RECOMMENDED ACTION
To interview Michael Oliver to fill the unexpired term of Nicholas
Messina, Alternate Certified Contractor. Term to expire 9/30/97.
To interview John Hearne to fill the unexpired term of Harold Smith,
Alternate Concerned Citizen. Term to expire 9/30/98.
7.
7/85 - 9/95
3/84 - 1/85
6/81 - 3/84
8/79 - 6/81
RESUME
John F. Hearne
2314 Kelly Drive
Sebastian, FL 32958
561-589-4945
City of Cassselberry Casselberry, FL
City Construction Inspector/Engineer - Employed as
inspector for paving, drainage, roadway lighting,
sidewalk construction, striping and all phases of
highway construction. Also employed as utility
inspector for water sanitary sewer, lift station
construction and inspection.
Charles H. Sells Co. Consulting Engineers
Employed as Resident Engineer on 3 New York State
Dept. of Transportation resurfacing contracts.
Work consists of traffic signal installation,
extensive drainage installation, guide rail work,
road widening, base concrete installation, asphalt
resurfacing, and intersection improvements.
Contracts are located in Suffolk County, New York
totaling an amount in excess of 5 1/2 Million
Dollars.
Berger Lehman Assoc. P.C.
Employed as Office Engineer/Chief Inspector on the
Long Island Expressway Lighting Project: Comprised
of four separate contracts, for the installation of
new lighting on the Long Island Expressway and its
associated bridges, spans, off roadway signs, and
major inter-changes. The scope of the project
covered a one way linear distance of 35 miles, from
Glen Cove Road in Nassau County, to Nichols Road in
Suffolk County, totaling an amount in excess of 6
Million Dollars. Supervision of placement of high
mast lighting poles 100 feet. Promoted to Resident
Engineer on additional sign lighting contracts.
Baldwin & Cornelius Co. P.C.
Employed as Senior Inspector/Office Engineer on New
York State Dept. of Transportation Federal Aided
Resurfacing Contract on various streets in the Town
of Hempstead (13.2 miles FAUS). During a major
portion of this contract, I 'performed all of the
functions of the Resident Engineer in his
a.Bsenc~
John F. Hearne Page 2
1/73 - 8/79
<73 - 77)
(77 - 79)
1/50 - 12/72
MISCELLANEOUS
as he was involved in several other construction
contracts. Also worked on State Road Route 59
(Region 8) doing final paving.
Bowe Walsh & Associates.
Started as an Inspector and acquired several years
of experience in all phases of construction,
including sewer installation, base paving, final
paving and restoration.
Promoted to Chief of Paving for the entire
Southwest Sewer District. This position involved
assignment and supervision of inspection personnel
for up to 13 independent paving operation.
Coordination meetings between various
Municipalities and Contractors and the Suffolk
County Dept. of Environmental Control. Training
and instruction, both field and classroom, of all
paving Inspectors. This contract paving work
involved many State and County roads, including
sections of Sunrise Highway, Montauk Highway, Route
110 and Route 109.
Cocoa Unlimited New York City, New York
Inspection for private concerns of commodities and
cargo storage on New York waterfront. Licensed
Inspector with New York Cocoa Exchange and New York
Coffee and Sugar Exchange.
National Institute for Certification in Engineering
Technologies Certification #069225 - Senior
Engineer Tech Level 4 - Long Island Lighting Co.
Safety Course for Construction Procedures.
Cathedral High School.
Member of American Society of Certified Engineering
Technicians.
Available on request.
S~ IP~OuTo
I~EGION~L
STATE ~ NEW YOR~
DEPARTMENT OF TRANSPORTATION
VETERANS HiGHWaY
HAUP~AUGE. N.Y. 11788
JAMES L.
January 20, 1984
John Hearue has be~n ,,,,w,~...~ ,. ,-,, -...-a .ttaLe De[~artment of Tr~nspor%ation
construction contracts k~.~.,. ,~,:~ .~.,-,.v[:~l~ ~inc~ Ju~e of 1981. During this
period he has worked as a:) .)F,'t~m .,,'.~.~Hee~ and chief inspect'6r, and he is
currently the residen~ engineer ,~ a Long Island Expressway contrmct.
Based oa his performance in each o{' ~hese positions, I would highly recommend
John Hearne for employmen: on ~'u~ure New York S%a~e Department of Transportation
construction projects.
Please call me a~ 516-~60-6u~ !'~,~ ~y additional information you may need on
Uhis recammenda~ion.
Very truly yours,
usa =_cld~z=cnal sheets
,..2. /5- ,-to
MICHAEL OLIVER SR.
CGC-015982
EXPERIENCE:
DEC. 1994-
PRESENT
JAN. 1993-
DEC. 1994
JUNE 1992-
DEC. 1994
MAY 1988-
JAN. 1993
PRESIDENT, OCEAN HOMES CORP. DEVELOPERS OF SINGLE FAMILY HOM~S &
MICHAEL OLIVER Sr. GENERAL CONTRACTOR
PRESIDENT, FLORIDA NEPTUNE INC.
PROPERTY HANAGEMENT CO.
PRESIDENT, MERCUR INC.
REAL ESTATE DEVELOPMENT & CONSTRUCTION. CO.
PRESIDENT, ICI SERVICES INC.
REAL ESTATE INSPECTION SERVICE CO.
JTrNE 1987- P-RESIDENT, INTERPRO CONSTRUCTION, INC-
JAN. 1993 RESIDENTIAL AND COMMERCIAL CONSTRUCTION CO.
NOV. 1980- PRESIDENT, M.P.M. CONSTRUCTION, INC.
JTJNE 1987 CONSTRUCTION CO.
SEPT.1976- C.A. DAVIS CONSTRUCTION
NOV. 1980 PROJECT MANAGER CONSTRUCTION CO.
EDUCATION
and
LICENSE:
FLOYD WICKMAN REAL ESTATE SALES
GOLD COAST SCHOOL of REA/~ ESTATE - REAL ESTATE SALESMAN LICENSE
ALL STATE CONSTRUCTION COLLEGE - CERTIFIED GENERAL CONTRACTOR
CARPENTERS JOINT A~PRENTiCESHIP TRAINING TRUST FUND
K~NDALL FLYING SCHOOL - CO~RCIA~L PILOT
PA/~METTO SR. HIGH SCHOOL
PERSONAL: MARRIED
CLIENT LIST
CUSTOM HOMES
Neptune Inc.
Neptune Inc.
Joe Amerkan
Ronald Faux
James Rankin
Dr. Rosenthal
Don Fitzpatrick
Don Fitzpatrick
Mrs. Marks
Custom Home IlK Sq. Ft.
CUstom Duplex 4K Sq.Ft.
CUstom Home 5K Sq. Ft.
Custom Home 5K Sq. Ft.
Custom Triplex 8K Sq.Ft.
CUstom Home 7K Sq.Ft.
Duplex Lot 6
Duplex Lot 5
Ground Up Restoration
RESID.E.N..CE, REMODELING, RENOVATIONS & BUILD-OUTS,
Mr. Stewart Kershner
Mrs.E. DU Fresne (1)
Mrs.E. Du Fresne (2)
Mr. Z~llsr
Mr. Ed Krieger
Phill Thomas
Dr. Stolsenberg
Dr. Abelove
Mr. T. Jones
John Maas
Earl Foster
Judy Parker
Col. Jones
Mrs. $ingelton
Mr. Jack Coffin
c. Clements
Jack waxman(1)
Jack waxman(2)
K. Steel
Wimbledon Condo
Dr. Conger
Mr. Roland Johnson
Mr. Gerry Rosenblum
Richard Dennis
James aankin
Mt.Bob Wiltuck
Mrs. M. cortullis
Mr. Steve Berman
Leo West
Richard Calahan
Herb Ridgley
Joel Amerkan
Alert Perera
Mr. Larry Camble
Mr. L. schaffer
Doug Brown
Rick Deehl
George Ewanchew
Mr.S.Seiden
M~.Gerry Steigletz
Residence Remodel
Residence Remodel
Residence Remodel
Kitchen,F~m{ly'room
Residence Remodel
Residence Remodel
custom Build-Out
custom Build-Out
Residence Remodel
CUstom Addition
Residence Addition
Residence Addition
Residence Addition
Patio & Screen Room
Residence Remodel
Bath Remodelling
Master Addition
Kitchen,Family room
Master bed bath & Garage
8 Unit Condo
Residence Renovation
Residence Renovation
Residence Renovation
custom Build-Out
Custom Build-out
Residence Remodel
Family Room
Residence Remodel
Master,Bath & Kitchen
Exterior Rehab
~ool & Patio Expan.
Residence Renovation
Pool,Patio a Kitchen
Deck & Spa
Deck & Spa
Deck & Spa
Deck & Spa
CUstom Remodel/Addition
Custom Build-Out
Residence Remodel
Coconut Grove
Coconut Grove
Coral Gables
Coral Gables
Plantation Key
S. Miami
Sebastian
sebastian
Key West
Boca Raton
Coconut Grove
Coconut Grove
Coral Gables
Coral Gables
coral.Gables
Grove Isle condo
Grove Isle Condo
Hialeah
Homestead
Kendall
Kendall
Kendall
Kendall
Kendall
Kendall
Kendall
Kendall
Kendall
Lauderhill
No.Miami
Plantation
Plantation Key
Plantation Key
So.Miami
So. Miami
So. Miami
So. Miami
SO - Miami
So .Miami
So .Miami
So.Miami
So.Miaml
So.Miami
$o.Miaml
So.Miami
So.Miaml
Turnberry Isle
Turnberry Isle
RESIDENCE, REMODELING, RENOVATIONS & BUILD-OUTS,Cont.
Dr. Van Den Bosch
Dr. Reed
Dr. Richards
Mr. simon Hassein
Dr. Abelove
Mr. Mel Forman
Dr. Dayton
Dr. Nash
Dr. Anderson
Mrs.Anderson
Mr. Alex Debegorie
Mr. Ken cohen
Capt. Ted Conners
coral Gables
coral Gables
Gables by Sea
Kendall
Kendall
Miami Gardens
Miami Lakes
Old Cutler Bay
Old Cutler East
Redlands
So. Miami
So. Miami
So .Miami
MEDICAL AND DENTAL
Dr. william Abelove
Bio Medical
Dr. Nash
Dr. Nash
Stewart Medical Group
Dr. Nash
Stewart Medical Group
United Dental
Medical office
Diallises Center
Medical office
office ExDan.
Medical office
Medical office
Medical office
Dental office
Coral Gables
cora~ Gables
Hialeah
Hialeah
Mercy Professional
So.Miami
So.Miami
Roseland
TURN KEY JOBS
Pearls In The Grove
American Impact Radio
Lou Taylor ~andbag
Herb Ridgley
U.S. Foundry
Michigan Testing Eng.
Medley Park 1
Medley Park 2
Milam Corners
70 stree~ East
70 Street West
Milam South
Medley Mini Storage
Tam Air Industrial Park
Timco Eng.
Spence,Payne
Thornton,David,Murray
Marlow,Shofi
Howard,Brawner
Du Fresne a Bradley
10 Unit Luxury condo
offices & sound studio
warehouse & MFG. Plant
Warehouse & office
Executive offices
Office & Testing Lab
offices
offices
warehouse & showroom
Warehouse & offices
Warehouse & offices
Warehouse & offices
Mini Warehouse & office
Office
Electronics office
Interior Law office
Interior Law Office
Interior Law Office
Interior Law Office
Interior Law Office
Coconut Grove
Hallendale
Hialeah 22,000 Sq. Ft.
Hialeah 25,000 Sq.Ft.
Medley 7,500 Sq.Ft.
Medley 2,750 Sq.Ft.
Medley 43,000 Sq.Ft.
Medley 43,000 Sq. Ft.
Medley 38,000 Sq.Ft.
Medley 15,000 Sq.Ft.
Medley 15,000 Sq. Ft.
Medley 40,000 Sq.Ft.
Medley 60,000 Sq. Ft.
So.Dade 52,000 Sq.Ft.
So.Dade 5,000 Sq. Ft.
Coconut Grove
Coconu~ Grove
Coconut Grove
Coconut Grove
Coconut Grove
1985 Award Winner for Interior Space, Cover Florida Bar Journal
Around The World Travel office Building Coral Gables
COMMERCIAL,R~MOQELING, .RENOVATIONS or SUILD-OUTS~
Bal Harbour Apts.
Grove Professional
550 Builtmore
550 Builtmore
550 Builtmore
woods Management
Color Groupe Print
Hialeah Race Track
Hialeah Race Track
Hialeah Race Track
Hialeah Race Track
Hialeah Race Track
Hialeah Race Track
super Transport,
Super Transport,
Viragen, Inc.
Viratec
Lou Hammond
Lou Hammond
Brown Sales
Gregg Tool & Die
Tropic G.C.
Centennial
Public Insurance
children's Home
consolidated Bank NA
Horacio's Rest.
1800 Atlantic
1800 Atlantic
1800 Atlantic
1800 Atlantic
1800 Atlantic
1800 Atlantic
1800 Atlantic
1800 Atlantic
1800 Atlantic
1800 Atlantic
1800 Atlantic
Phill Thomas Realtor
Southeast Planners
Baro Hwd.
Cherinoff sales
Benco Supply
Arrow International
Ship & strap
Lamay Optics
Miami Truck Parts
Graces Deli
J&M Auto Parts
Renovation 38 Units
Common Area Build-Out
Entrance Lobby
Elevator Equiptment room
Garage Fire Proofing
office Alterations
Ceiling Installation
snack Bar Renovation
Press Box Renovations
Fire Escape from cash room
Executive office Renovations
Movie Set Construction
Grandstand repairs
Executive office Remodeling
Trucking Terminal Remodeling
Medical lab Remodeling
office Renovation
2nd Floor Addition
warehouse office
office Alt.
office Addition
office Build-out
office Build-OUt
Interior Executive office
Game Room Addition
Branch Bank & Drive in
Misc.Remodeling
Exterior Plastering
92 unit Interior Plastering
Install Kitchens (92 units)
Install Bath cabinets (184)
Bat Harbour
Coconut Grove
Coral Gables
Coral Gables
coral Gables
Hialeah
Hialeah
Hialeah
Hialeah
Hialeah
Hialeah
Hialeah
Hialeah
aialeah
~ialeah
Hialeah
Hialeah
Hialeah
Hial~ah
Hialeah
Hialeah
Hialeah
aialeah
Hollywood
Kendall
Kendall
Key Biscayne
Key West
Key West
Key West
Key West
Install Roof Trusses/sheeting Key West
Install all Ext.& Int.doors Key west
Install Hallway d~.op ceiling Key West
Install all Interior Mirrors Key West
Install all Interior shelves Key West
Install all Ex,.Sliding doors Key West
Design\Build parking storage
office Build-OUt
office Build-Out
Interior & office, Retail
Interior & office
office Build-Out
office Build-Out
office Build-Out
office & Mfg. Lab
office Build-Out
Resturant Deli
office Build-Out
Key West
Medley
Medley
Medley
Medley
Medley
Medley
Medley
Medley
Medley
Medley
Medley
COMMERC!AL ,.REMODELI~G.z. RENOVATIONS or ~UILD-OUTS ,C. ont .
Aline Press Office & warehouse
very Fine Juice Office & warehouse
Joe Ward Moving\Storage office & Warehouse
S&S Sales
Ave Furniture
Higrade Food
Sams & ward et-al
century Towers
Forster Insurance
Forster Insurance
warehouse Renovation
Showroom & Office
Office & Remodeling
Interior Law Office
Apt- Renovation
Exec. offices
Exec. Office Expantion
Saint Thomas university Install Fire Doors
Timco Eng.
Galloway ins II
Gulliver Academy
St. Brendan's Church
First Capital
CSI Computer Sales
Ryder Truck Rental
Second Floor Build-out
office Build-Out
Misc. Repairs
chapel Remodeling
office Renovation
office Renovation
office Renovation
Medley
Medley
Medley
Medley
Medley
Miami
Miami
Miami Beach
No.Dade
No.Dade
No.Dade
So.Dade
So.Miami
So.Miami
West Miaa%i
Coral Gables
Coral Gables
No.Dade
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
Handicapped Self-Evaluation ]
Committee Board Reappointment ]
] Dept. Origin : Human Resources
] Date Submitted: AUGUST-'29, 1996
APPROVED FOR SUBMITTAL BY: ]
] ForAgenda Of: SEPT. 11, 1996
City Manager:~ ~)- ~~--- I Exhibits: Application of Catherine
Ackerman
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: NIA BUDGETED: N/A REQUIRED: N/A
M~ STATEMENT
Catherine Ackerman is presently an alternate member on the Handicapped Self-
Evaluation Committee and her term expires in August, 1996. She is eligible for
reappointment and has submitted an application. This was advertised as
required and no other applications were received.
RECOMMENDED ACTION
Move to reappoint Catherine Ackerman to the alternate member position on the
Handicapped Self-Evaluation Committee for a three year term expiring in August,
1999.
1
2.
2.
6.
7.
9.
~CNE
SOCIAL SECJRZ'I"f ~ER:
12.
!3.
!%.
Arm ,/cua resLdent of ~ue Ci~-? .
Length of Resident-Z
Do ~!ou ser"ee cna Ci~.z Scard a~
Tes.,,~ Mo
.PLE~ASE C..=EC-K THE ~GARD(S) -YOU ARE LN'TEREST~tn IN SERVING ON:
being "1" ) -
*C~DK ~GR~ ~O~
*C~NSTRUCTiON BO~
*~iNG .%~ ZONING
!5. Wha= qua!i_=&ca~ions do you have to set-,we cn tln!s board?
17. Wha~ r~ascns do you have for 'a!s~nq ~o seize on ~ adviso~
bc~d? - -
City of Sebastian
1225 MAIN STREET 8 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-8200 [5 FAX (407) 589-5570
AGENDA TRANSMITTAL
Subject: Consultant Selection Committee
Approved for Submittal by:
Thomas W. Frame, City Manager
Agenda No.
Department Origin: City Manager's Office
Date Submitted: September 4, 1996
For Agenda of September 11, 1996
~xhibits: Resolution 95--22
Expenditure Required: no
Amount Budgeted: N/A
Additional Appropriation
Required: N/A
SUMMARY STATEMENT
The City recently solicited proposals from mechanical engineers to work on correcting any
deficiencies associated with the Police Department Building as recommended by the Spaul
Report. Three responses have been received and need to be ranked by a consultant selection
committee as per Resolution 95-22.
Under the terms of the resolution the City Council appoints the selection corfimittee. Unless the
City Council has other feelings on the make-up of the selection committee, I would like to
recommend that the committee be made up of a Council Member, the city manager, the
purchasing agent, the public works director, and chief of police.
As soon as the Council appoints the selection committee, they will meet and bring to the Council
their recommended ranking for the Council's consideration.
RECOMMENDATION
Appoint Consultant Selection Commit-tee made up of' a Council Member, the city manager, the
purchasing agent, the public works director and the police chief'.
RESOLUTION NO. 95-22
A P~ESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING ADMINISTRATIVE PROCEDURES FOR
THE SELECTION OF PROFESSIONAL ARCHITECTURAL, ENGINEERING,
LANDSCAPE ARCHITECTURE OR LAND SURVEYING SERVICES;
ESTABLISHING CRITERIA FOR THE EVALUATION AND SELECTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION.
WHEREAS, Section 287.055 of the Florida Statutes requires that
the City of Sebastian adopt administrative procedures for the
evaluation of the proposals for the provision of professional
consulting services when the City solicits proposals for such
services; and
WHEREAS, City of Sebastian desires to adopt uniform
administrative procedures which apply to the evaluation of all
proposals for professional consulting services when such services
are sought; and,
WHEREAS, the City Council of the City of Sebastian finds it is
in the public interest to adopt such uniform procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. ADMINISTRATIVE PROCEDURES: The City Council
hereby establishes uniform administrative procedures which shall
guide all Consultant Selection Committees in evaluating and
selecting architectural, engineering, landscape architecture or
land surveying services and projects for the city of Sebastian
which exceed the minimum threshold amounEs established in Section
287.05~, Florida Statutes. The City Council shall appoint a
Consultant Selection Committee (Committee) for each Dro-j~tk
re_~uiring the use of the competitive selection process in obtaining
professional se.~vices under Section 287.055, Florida Statutes. Ail
proceedings of each Committee shall be open to the public.
SECTION 2. PUBLIC ANNOUNCEMENT: The City Manager shall
announce, in a uniform and consistent manner, each occasion when
professional services are required for the City of Sebastian if the
cost of such services exceeds the threshold established in Section
287.055, Florida Statutes. The public announcement shall include
a general description of the project and the manner in which
professional consultants may apply to the City for the purpose of
furnishing services on the projects. "
SECTION 3. COMPETITIVE SELECTION PROCESS: The competitive
selection process shall be conducted as follows:
A. The Committee appointed to select the professional
services for any Project or proposal shall evaluate the current
statements of qualifications and performance data on file with the
city for the project, together with those which may be submitted by
other firms regarding the proposed project, and shall conduct
discussions with, and may require public, presentations by, no less
than five (5) firms, regarding their qualifications, approach to
the project, and ability to furnish required services. In the
event that less than five (5) firms make proposals for the project,
the Committee may limit its discussions to those fi_~ms which have
made application to the City.
B. The Committee shall select in order of preference no less
than five (5) firms, if a~ least five (5) firms apply, deemed to be
the most highly qualified to perform the required services, in
determining whether a firm is qualified, the Committee shall
consider such factors as the ability of the professional personnel;
whether a firm is a certified minority business enterprise; past
performance; willing to meet time and budget requirements;
location; recent and current project workloads of the firm; and the
volume of work previously awarded to each firm by the City. The
Committee shall furnish its selection of the professional firms to
the City Council for approval.
C. In evaluation of the firm's qualifications for the
project, the Committee shall consider, but not ,be limited to, the
capacities, adequacy of personnel, past record, experience, whether
the firm is a certified minority business in accordance with the
Florida Statutes, and such other factors as may be determined by
the Selection Committee to be applicable to its particular project.
D. Each Committee will consider the attached Exhibit "!" as
~he evaluation form for analyzing the
professionals and content of each proposal.
by the Committee must comply with the
experience of the
The criteria adopted
general guidelines
established in Sections B and C. The City Council may change the
points assigned to elements on the evaluation form for different
projects.
SECTION 4. SEVERABILITY: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any
section of this Resolution shall
other section or part .of a
not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 5. CONFLICTS: This Resolution shall prevail over all
other Resolutions which are in conflict with this Resolution. If
any clause, section or other part or application of this Resolution
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 and in no way
affecting the validity of the remaining portions or applications
remaining in full force and effect.
SECTION 6. EFFECTIVE DATE:
immediately upon its adoption.
The foregoing
Counci!member
by Councilmember
This Resolution shall take effect
Resolution was
into a vote, the vote was as follows:
moved for adoption by
The motion was seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Counci!member Ray Halloran
Counci!member Louise R. Cartwright
The Mayor thereupon declared this Resolution duly passed and
adopted this /~J~-- day of ~~ , 1995.
CITY OF SEBASTIAN,
By: ~-~'~~ dP<,
Arthur L. Firtion, Mayor
ATTEST:
Ka~hryn ~. O'Hall~ran, CMC/AkE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
Name of Consultin~ Firm:
Date and Time:
Rating Done By:
Factors to be Rated
Knowledge of Specific
Local Project
Requirements
Ability of Personnel
Assigned to Project
(Capacities, Adequacy
of Personnel, Whether
Firm is a Certified
Minority Business
Enterprise; Willingness
to Meet Time and
Budget Requirements)
Proximity of Firm's
Office to Sebastian
(Location)
Performance on Past
Projects (Quality of
Past Performance and
Includes Recent, Current
and Projected Workloads
of the Firm and Volume
of Work Previously Awarded
Each Firm by the City)
Knowledge of Permitting
Agency Rules for the
Project
Overall Presentation
Score Ranq~
1 to 15
1 to 25
1 to 20
! to 15
i to 15
! Eo 10
Total Points
EXHIBIT "I"
I
City of Sebastian
I 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-8200 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
Subject: Temporary Extension of Falcon
Cable Franchise
Approved for Submittal by:
Thomas W. Frame, City Manager
Agenda No.
Department Origin: City Attorney
Date Submitted: September 4, 1996
For Age~fida of September 11, 1996
Exhibits: Proposed ResOlution No. R-96-67
Expenditure Required: no
Amount Budgeted: N/A
Additional Appropriation
Required: N/A
SUM~RY STATEMENT
On September 23, 1981, Jones Intercable, Inc., was granted a 15 year franchise non-exclusive
franchise to operate and maintain a community antenna television system in the City. On
October 28, 1987, the City authorized the assignment of the franchise to Falcon Cable Media for
the remainder of the original franchise granted to Jones Intercable.
Effective September 23, 1996, this franchise will expire unless' renewed or extended for a
temporary period in which to complete all the necessary actions in order to renew the franchise.
Prior to renewing the current franchise, the City Attorney has recommended that a new franchise
ordinance be enacted more in line with today's legislation (1996 Telecommunications Act).
Once a new ordinance is adopted there are numerous issues to be negotiated and resolved
between the City and Falcon.
RECOMMENDATION
Adopt Resolution R-96-67 providing for the extension of 60 days from September 23, 1996, tbr
the franchise to continue operating under the current franchise.
RESOLUTION R-96-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION
OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS
ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN
ADDITIONAL RESOLUTION OF THE CITY COUNCIL;
PROVIDING FOR THE RETROACTIVE COLLECTION OF
ANY FRANCHISE REVENUE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Cable TV Fund VIII-A, a Limited Partnership, Jones
Intercable, Inc., General Partner was granted a non-exclusive
franchise to operate and maintain a community antenna television
system in the City of Sebastian, Florida by the City Council on
September 23, 1981, by City Ordinance No. 218-E; and
WHEREAS, by Resolution R-87-74 the City Council assigned and
transferred Ordinance 218-E as amended on.~t98~8~from
Cable TV Fund VIII-A, Jones Intercable, Inc. to Falcon Cable
Media, L.P., a California limited partnership o ober 28,
~~ and
WHEREAS, the non-exclusive franchise as granted and assigned
to Falcon ~edia, L.P., was valid for a period of fifteen (15)
years; and /q'~{
WHEREAS, Falcon Media, L.P., had requested renewal of the
franchise October i, 1993; and
· r~ER~S, recent changes have been enacted by the U.S.
Congress establishing broad and new regulations affecting most
telecommunications businesses; and
WfL~S, time has not permitted adequate opportunity to
assess the ramifications of the Telecommunications Act of 1996,
and those concerns as expressed by the franchisee's customers;
and
WHEREAS, the City of Sebastian desires to update its
franchise ordinances and any other pertinent regulations prior to
the negotiation and renewal of the existing franchise with Falcon
Media, L.P.; and
W-~Z~, it is in the public's best interest to properly
update the City's current franchise ordinance and carefully ~
proceed with the negotiations for the renewal of the cable~y
franchise.
NOW, THEREFORE, BE IT RESOLVED by the City Council of City
of Sebastian, Indian River County, Florida as follows:
SECTION 1. The non-exclusive franchise established by
Ordinance 218-E granted to Cable TV Fund VIII-A, Jones
InEercable, Inc., on September 23, 1981, and assigned and
transferred to Falcon Cable Media, L.P., a California limited
partnership pursuant to Resolution R-87-74 is hereby extended for
a sixty (60) calendar days commencing September 24, 1996.
SECTION 2. No additional time shall be extended except by
resolution of the City Council of the City of Sebastian, Florida.
SECTION 3. Ail revenue required by the current franchise,
and any additional revenue which may accrue to the City through
changes incorporated into the franchise ordinance or franchise
renewal shall be paid retroactively commencing September 24,
1996, by Falcon Cable Media, L.P., a California limited'
partnership.
SECTION 4. Falcon Cable Media, L.P., a California limited
partnership by acceptance of the extension to the current cable
franchise agrees to the terms of this resolution.
SECTION 5. This resolution shall take effect on September
24, 1996.
The foregoing Resolution was moved for adoption by Council
Member The motion was seconded by Council
Member and upon being put to a vote, the
vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Council Member Norma J. Damp
Council Member Raymond Ha!loran
Council Member Richard J. Taracka
The Mayor thereupon declared this Resolution duly
passed and adopted this 11th day of September, 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
BY
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
( Seal )
Approved as to Eprm and Content
Valerie F. Settles
City Attorney
APPENDIX A-FRANCPIISES Art. IV
the ordinance becomes effective. Payment shall be made within six (6) months of the end of
such ~scal year.
Section 4. [indemnification of company.]
The Company shall indemnify the City against, and assume all liabilities for, damages
which may arise or accrue to the City for any injury to persons or property from the doing of
any work herein authorized, or the neglec~ of the Company or any of its employees to comply
with any ordinance regulating the use of the streets of the City, and the acceptance by the
Company of this ordinance shall be an agreement by it to pay to the City any sum of money
for which the City may become liable from or by reason of such injury.
Section 5. [Acceptance by company.]
The Company shall f'fle with the City Clerk of the City its acceptance of this ordinance
within sixty days from the date when it shall take effect.
Section 6. [City reserves right to regulate use of streets.]
Nothing in this ordinance shall be construed as a surrender by the City of its right or
power to pass ordinances regulating the use of its streets.
Section 7. [Term; right of city to purchase.]
This ordinance shall be in force and effect for a term of thirty (30) years from and after its
passage, and the City hereby reserves the right and requires the said Company, as a condition
precedent to the taking effect of this grant, to give and grant to the City of Sebastian, Florida,
the right, at and after the expiration of such term, to purchase the telephone and telegraph
plant or other property in said City used under or in connection with this grant, or such part
of such property as the municipality may desire to purchase at a valuation of the property, real
and personal, desired, which valuation shall be FL:ed by arbitration, as may be provided by
law; and the acceptance of this ordinance shall operate as a grant by the said Company to the
City of said right to purchase.
ARTICLE IV. CABLE TV FUND VIII. A, A LIM1TED PARTNERSHIP, JONES
INTERCABLE, INC., A GENERAL PARTNER'
ORDINANCE NO. 218-E
AN ORDIN-A~x~CE GRANTING A NON-EXCLUSIVE FRANCHISE TO CABLE TV FUND
VIII-A, A LIMITED PARTNERSHIP, JONES INTERCABLE, INC., GENERAL PARTNER
TO OPERATE AND MAINTAHN A COML%IUNITY ANTENNA TELEVISION SYSTEM IN
THE CITY; REGULATION OF ITS OPERATION; SETTING RATES AND PAYMENTS; PRO-
=Editor's note-Printed herein is the cable TV franchise adopted Sept. 23, 1981, by Ord.
No. 218-E. Additions made for clari~ are enclosed by brackets. The franchise was assigned to
on Cable Television by resolution number R.87-74.
CDA:21
APPENDIX A-FRANCHISES
the ordinance becomes effective. Payment shall be made within six (6) months of the end of
such fiscal year.
Section 4. [Indemnification of company.]
The Company shall indemnify the City against, and assume ail liabilities for, damages
which may arise or accrue to the City for any injury to persons or property from the doing of
any work herein authorized, or the neglect of the Company or any of its employees to comply
with any ordinance regulating the use of the streets of the City, and the acceptance by the
Company of this ordinance shall be an agreement by it to pay to the City any sum of money
for which the City may become liable from or by reason of such injury.
Section 5. [Acceptance by company.]
The Company shall fie with the City Clerk of the City its acceptance of this ordinance
within sixty days from the date when it shall take effect.
Section 6. [Citcy reserves right to regulate use of streets.]
Nothing in this ordinance shall be construed as a surrender by the City of its right or
power to pass ordinances regulating the use of its streets.
Section 7. [Term; right of city to purchase.]
This ordinance shall be in force and effect for a term of thirty (30) years from and after its
passage, and the City hereby reserves the right and requires the said Company, as a condition
precedent to the taking effect of this grant, to give and grant to the City of Sebastian, Florida,
the right, at and after the expiration of such term, to purchase the telephone and telegraph
plant or other property in said City used under or in connection with this grant, or such part
of such property as the m-,~icipaiity may desire to purchase at a valuation of the property, real
and personai, desired, which vaiuation shall be~ £Lxed by arbitration, as may be provided by
law; and the acceptance of this ordinance shail operate as a grant by the said Company to the
City of said right to purchase.
ARTICLE IV, CABLE TV FUND ViII-A, A LI1VIITED PARTNERSHIP, JONES
INTERCABLI~., INC., A GENERAL PARTNER*
ORDINANCE NO. 218-E
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CABLE TV FUND
VIII-A, A LIMITED PARTNERSHiP, JONES INTERCABLE, INC., GENERAL PARTNER
TO OPERATE AND MAINTAI~ A COMMLPNITY ANTENNA TELEVISION SYSTEM IN
THE CITY; REGULATION OF ITS OPERATION; SETTING RATES AND PAYMENTS; PRO-
*Editor's note-Printed herein is the cable TV franchise adopted Sept. 23, 1981, by Ord.
No. 218-E. Additions made for clarity are enclosed by brackets. The franchise was assigned to
Falcon Cable Television by resolution number R.87-74.
CDA:21
SEBASTIAN CODE
VIDING SERVICE, CONSTRUCTION AND MAINTENANCE STANDARDS; CONTAINING
CERTAIN PROHIBITIONS; PRESCRIBiNG CERTAIN PENALTIES; PROVIDING A SEV-
ERABILITY CLAUSE; REPEALING PREVIOUS FRANCHISE; PROVIDING EFFECTIVE
DATE.
BE IT ORDAINED by the Council of the City of Sebastian, Florida:
Section 1. Short title.
This ordinance shall be known and may be cited as "Sebastian Community Antenna
Television Franchise Ordinance."
Section 2. Definitions.
For the purpose of this ordluance, the following terms, phrases, words and derivations
shall have the meaning given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word "shall" is always
mandatary and not merely directory.
(a) State is the State of Florida.
(b) City is the City of Sebastian, Florida.
(c) Company is Cable TV Fund VIII-A, a Limited Partnership, Jones Intercable, Inc.,
General Partner, the grantee of rights under this franchise ordinance.
(d) Governing body is the city council of Sebastian, Florida.
(e) Person is any person, firm, partnership, association, corporation, company, or orga-
nization of any kind.
(fl System shall mean the lines, fixtures, equipment, attachments, and all appurtenances
thereto which are used in the construction, operation and maintenance of the com~
munity antenna television system herein authorized.
Section 3. Grant of authority:. Nonexclusive.
There is hereby granted by the city to the company the nonexclusive right and privilege
to construct, erect, operate, and maintain in, upon, along, across, above, over and under, the
streets, sewers, alleys, public ways and public places, now laid out or dedicated and all exten-
sions thereof and additions thereto in the city, wires, poles, cables, underground conduits,
conductors and fixtures necessary for the maintenance and operation in the city of a commu-
nity antenna television system £or the reception and distribution of television signals and
energy, frequency modulated radio signals, and commercial visual and aural signals which are
not otherwise herein prohibited. The company shall have the right in the operation of the
system to make attachments to city-owned property at such rates and upon such terms and
conditions as shall from time to time be determined by the governing body. The rights herein
CDA~22
APPENDIX A-FRANCHISES
granted shall extend to any area ---exed to the .city and the company shall be bound by the
same rules and regulations as to such area as are otherwise herein or hereafter provided.
The right to use and occupy said streets, alleys, public ways and places for the purposes
herein set forth, shall not be exclusive, and the city reserves the right to grant the use of
streets, alleys, public ways and places to any person at any time during the period of this
franchise ordinance.
The company shall have the right to enter into agreements for the attachment unto and
use of facilities ovfned and operated by public utilities operation with the city, whereby the
company shall strictly comply with the terms, provisions and restrictions of said agreements,
and copies of all agreements made with other public utilities operating within the city shall be
placed on file with the city clerk's office immediately upon their execution.
Section 4. Compliance with laws, regulations and ordinances.
The company shall, at all times during the life of this franchise ordinance, be subject to all
lawful exercise of the police power by the city and to such reasonable regulation as the city
shall hereafter by resolution or ordinance provide. The construction, operation and mainte-
nance of the system by the company shall be in full compliance with the National Electrical
Code and applicable local codes as from time to time amended and revised.
Section 5. Company liability and inde,~-i~ication.
(a) Liability coverage. It is expressly understood and agreed by and between the company
and the city that the company shall save the city harmless from all loss sustained by the city
on account of any suit, judgment, execution, claim, or demand whatsoever arising out of the
construction, operation and m~intenance of the system by the company. The company agrees
to maintain and keep in full force and effect, at all times during the term of this franchise
ordinance, sufficient liability insurance coverage to protect the city against any such claims,
suits, judgments, executions, or demands in a sum not less than one hundred thousand dollars
($100,000.00) per person as to any one claim, three hundred thousand dollars ($300,000.00) as
to any one accident or occurrence, and not less than one hundred thousand dollars ($100,000.00)
for property damage as to any one accident or occurrence.
(b) Workmen's compensation coverage. The company shall also maintain in full force and
effect throughout the duration of this franchise ordinance sufficient workmen's compensation
insurance coverage to adequately and fully protect its agents and employees as required by
law.
(c) Permanent payment and performance guarantee. The company shall furnish a cash or
surety bond through a Class A insurance company authorized to do business in the State of
Florida, to the city, in the sum of fifteen thousand dollars ($15,000.00), which shall remain in
full force and effect throughout the terms of this franchise ordinance to guarantee the payment
of all sums which may become due to the city for rentals, inspections, or work performed for
the benefit of the company under this franchise ordinance by any of its provisions, and to
guarantee to the city operation and transmission with[in] the times specified, and such bond
CDA:23
SEBASTIAN CODE
shall guarantee to the city the performance by the company of all the provisions of this
franchise ordinance in all laws, rules and regulations herein permitted to be adopted and
enforced.
(d) Resident company and agent. All insurance policies and bonds as are required of the
company in this franchise ordinance shall be written by a Class A company or companies
authorized and qualified to do business in the state. Certificates of all coverage required shall
be promptly fried by the company with the city.
Section 6. Conditions on street occupancy and system construction.
(a) Use. All transmission and distribution structures, lines and equipment erected by the
company within the city shall be so located as to cause minimum interference with the proper
use of streets, alleys, and other public ways and places and to cause minimum interference
with the rights or reasonable convenience of property owners who adjoin any of said streets,
alleys, or other public ways and places ....
(b) Location. Should the company choose to bury its equipment, primary cables shall be
installed at a minimum depth of eighteen (18) inches below existing grade. Secondary cables
shall be installed at a minim~,m depth of six (6) inches below existing grade.
(c) Restoration. In case of any disturbance of pavement, sidewalks, driveways, or other
surfacing, and grass, sod, or landscaping the company shall, at its own expense and in a
manner approved by the city, replace and restore such places so disturbed in as good condition
as before said work was commenced, and shall maintain the restoration in a condition ap-
proved by the city for the full period of this franchise ordinance.
(d) Relocation. In the event that at any time during the period of this franchise ordinance
the city shall lawfully elect to alter or change the grade of any street, alley, or other public
way, the company, upon reasonable notice by the city, shall remove, relay, and relocate its
equipment at its own expense.
(e) Placement of fixtures. The company shall not place any fmtures or equipment where
the same will interfere with gas, electric, telephone or water lines, 5xtures, and equipment,
and the location by the company of its lines and equipment shall be in such manner as t~ not
interfere with the usual travel on said streets, alleys, and public ways and the use of the same
by gas, electric, telephone, and water lines and equipment.
(fl Temporary removal of wires for building moving. The company shall, on the request of
the city, temporarily raise or lower its wires to permit the moving of buildings. The cost of such
relocation may be collected in advance from the party holding the moving permit.
(g) No property right. Nothing in this franchise ordinance shall grant to the company any
right to property in city-owned property, nor shall the city be compelled to maintain any of its
property any longer than, or in any fashion other than in the city's judgment its own business
or needs may require.
CDA~24
APPENDIX A-FRANCHISES
Ar~. IV, § 11
(h) Permits, easements and agreements. The city shall not be required to assume any
responsibility for the securing of any rights-of-way or easements, nor shall the city be respon-
sible for securing any permits or agreements with other persons or utilities.
Section 7. Construction approval by city;, correction of defects.
Except for indiv/dual service drops, the company shall not erect any pole, run a line, make
any attachment, nor shall any construction of any kind be commenced without the prior
approval of the governing body, and the city shall have and maintain the right to inspect the
construction, operation and maintenance of the system by the company to insure the proper
performance of the terms of th/s franck/se ordinance. In the event the company should violate
any of the terms of this franchise ordinance or any of the rules and regulations as may be from
time to time lawfully adopted, the city shall immediately give to the company ninety (90) days'
written notice to correct such violation, and in the event the company does not make such
correction within ninety (90) days from the receipt of such written notice, the city may make
such correction itself and charge the cost of same to the company.
Section 8. Signal carriage.
The company will install and operate a system in the city which will be capable of
delivering all signals required by the Federal Communications Commission.
Section 9. Regulated public utilities.
The company shall not use the system to interfere or conflict with serv/ces offered by
public util/ties regulated by the state.
Section 10. Company rules.
The company shall have the authority to promulgate such rules, regulations, terms and
conditions governing the conduct of its business as shall be reasonably necessary to enable the
company to exercise its rights and to perform its obl/gations under this franck/se ordinance
and to assure an uninterrupted service to each of all its customers, provided, however, that
such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof
and shall be subject to the approval of the governing body.
Section 11. Rates to customers.
(a) The rate schedule (attached as Exhibit A) will be filed with the dty clerk of the City
of Sebastian. Those rates cannot be adjusted, except as provided in section 12(b) [section 1 l(b)]
herein.
(b)
(2)
(1) The company may adjust its rates annually a maximum of five (5) per cent without
city council approval. The company must notify the city council and subscribers thirty
(30) days prior to implementation of such an increase.
In the event that the company wishes to increase its rates in excess of five (5) per cent,
it will advise the city council in writing ninety (90) days prior to intended implemen-
CDA:25
Art. IV, § I1
SEBASTIAN CODE
(3)
ration of such a rate increase. If the council so chooses, it will meet within sixty (60)
days of such not~ficat/on to hear justification for any such rate adjustment. In the
event the city council chooses not to meet or not to act, the rate adjustment will
become effective ninety (90) days after notification to the city. If the city chooses to
act, the city council may pass a resolution granting the rate adjustment as proposed,
denying the rate adjustment as proposed, or granting some rate adjustment not to
exceed that proposed.
In the event that the city and the company do not agree on any proposed rate adjust-
ment in excess of five (5) per cent the company has the right to request binding
arbitration. In the case of binding arbitration, the city will choose one arbitrator and
the company will choose one arbitrator. The arbitrators, jointly, will choose a third
arbitrator. Both the city and the company will accept the decision of the board o£
arbitration.
EXHIBIT "A"
The following rates and charges are hereby authorized for service un~ier this franchise,
effective on the 1st day of March, 1986.
Basic service (monthly) ..................................................... $10.50
Basic service copyright adjustment (monthly) ................................. 33
Premium channel service (monthly) ......................................... 9.95
Additional outlets copyright adjustment ...................................... 06
New service installations:
Underground .......................................................... 35.00
Aerial ................................................................ 25.00
Additional outlet installation= .............................................. 15.00
Service outlet relocation .................................................... · 15.00
Monthly services: Commercial: These rates are to be negotiated on an individual basis.
· Additional Outlet Installation discounts provided when completed during the initial instal-
lation.
Section 12. Preferential or discriminatory practices prohibited.
The company shall not, as to rates, charges, or regulations, make or grant any preference
or advantage to any person, not [nor] subject any person to any prejudice or disadvantage.
Section 13. Franchise fees.
(a) Gross revenue tax. The company shall pay to the city three (3) per cent of the gross basic
service revenues received by the company from the operation of the system. The rate shall
continue unless a new rate is mutually agreed upon by the city and the company.
CDA:26
APPENDIX A-FRANCHISES
Art. IV, § 18
(b) Manner ofpayment. All payments as required by the company to the city shall be made
annually and shall be due within ninety (90) days after the close of the company's fiscal year.
(c) [First payment.] The first payment to be due March 30, 1982, for such applicable
revenues collected between the date of passage of the ordinance and December 31, 1981.
(d) [A3location.] One-third of the franchise fee shall be allocated for the purpose of pro-
duct/on and promoting local programming (such as the cablecasting of city council meetings).
The company may deduct from such fee the actual cost of producing and promoting such local
programming. The company will furnish the city with an annual breakdown of such deduc-
tions at the time of payment. In the event that production and promotion costs for such local
programming exceed the accrued franchise fee for any given annual period, such overages may
be carried over to [the next] subsequent period.
Section 14. Reports.
An annual summary report showing gross revenues received by the company from the
operation of the system within the city during the preceding twelve (127 months' period and
such other information as the city may require in support of same, shall be given to the city
by the company. The company books of operation shall be open to the city and city represen-
tatives for the purpose of establishing gross revenues at all reasonable times.
Section 15. Fr-nchise tran~er.
The company shall not sell or transfer its plant or system or any portion thereof, nor any
right, title, or interest in the same, nor shall the company transfer any rights under this
franchise ordinance to any person without prior approval of the governing body. Such approval
cannot be unreasonably withheld.
Section 16. Duration of fr-nchlse ordinance.
This franchise ordinance shall remain in full force and effect for a period of fifteen (15)
years and is subject to renewal by the city by negotiations with the company for an additional
fif%een-year period not to exceed a total of thirty (30) years.
Section 17. Service to city.
The company shall provide free connections to all municipally owned or leased buildings
within the corporate limits of the city.
Section 18. Service to the community.
The company shall, in times of an impending or during a natural disaster such as a
hurricane, flooding, or other unusual weather phenomenon of major proportion and/or other
man-made disasters such as a train derailment or chemical tank truck explosion, and/or other
important concerns affecting the health, safety and welfare of the general populace, designate
a certain channel as an emergency channel to be utilized by civil defense, the Sebastian
Volunteer Fire Department and Ambulance Squad, the Sebastian City Police, the city admin-
CDA:27
Art, iV,§ 18
SEBASTIAN CODE
istration, Red Cross or other appropriate service agency for broadcasting updated bulletins or
account~ of the emergency to the public. Such broadcasts will be considered as public service
announcements and shall be free of charge to the service organization or agency broadcasting.
Section 19. New developments.
It shall be the policy of the city liberally to amend this franchise upon application of the
grantee, when necessary to enable the grantee to take advantage of any developments in the
field of transmission of ~elevision, radio signals and cable TV, which will afford it an oppor-
tunity more effectively, efficiently, comprehensively or economically to serve its customers,
provided, however, that this section shall not be construed to require the city to make any
amendment.
Section 20. Service standards.
(a) The company shall main~ and operate the system and render efficient service in
accordance with the rules and regulations as are or may be set forth by the council, provided,
however, the company shall operate the system so that there will not be interference with
television reception, radio reception, telephone communications or other installations which
are now or may hereafter be i-.~]led and in use by the city or any persons in the city.
(b) The company shall carry all signals as required by the Federal Communications
Commission. The company agrees to abide and be governed by any and all rules and regula-
tions promulgated by the Federal Communications Commission or which may be promulgated
by the Federal Communications COmmission in the future.
(c) The community antenna television system shall maintain at all times:
(1) Use all band equipment capable of passing the entire standard VI-IF television and
FM radio spectrum.
(2) Equipment that passes standard color television signals without visible degradation
and with no significant phase shift and no visible effect on color fidelity and intelli-
gence.
(3) Provide a minimum level of one thousand (1,000) microvolts at the input terminals of
each television receiver on the line, across seventy-five (75) ohms.
(4) Provide that the system and all equipment be designed and rated for twenty-four (24)
hours per day continuous operation.
(5) Provide a signal-to-noise ratio of' not less than thirty, six (36) decibels, if the signal-
to-noise ratio received at the antenna site is at least thirty-s/x (36) decibels.
(6) Provide a television signal with a hum modulation less than three (3) per cent.
(7) Use components having voltage standing wave ratio of one and four-tenths (14/lO) or
less.
(8) Provide an inter-modulation distortion not to exceed minus forty.six (-46) decibels.
CDA:28
APPENDIX A--FRANCHISES
§ 24
(9) Provide that the plot of gain versus frequency across any six-megacycle channel is to
be fiat plus or minus three (3) decibels.
(d) The company shall provide and keep accurately calibrated test equipment on hand in
the city at all times for the testing of all service and operational standards outlined in this
ordinance and shall conduct these tests as requested by the city under the supervision of a city
representative in order to establish the level of performance of the system.
(e) Provided, however, nothing contained herein shall be inconsistent with the rules and
regulations of the Federal Communications Commission.
Section 21. Service manager.
The company shall provide a service manager and shall have a local public telephone
listing so that the public may call in complaints at any time. The manager will be on call
twenty-four (24) hours a day to receive reports and notices of disruption or impairment of
service. Such a service manager shall not be required to reside in the city, however, he shall be
located so as to be able to provide prompt and efficient service to the subscribers to the system.
Section 22. Penalties.
Should the company, its successors or assigns, violate any of the provisions of this
franchise ordinance or any reasonable rules and regulations or other laws, or should the
company fail to promptly perform any of the provisions hereof and fail to operate, the company
shall forfeit all its rights hereunder to the city and forfeit the bond, a/ter written notice to the
company and continuation of such violation, failure or default for a period of more than thirty
(30) days. In the event the company is adjudged bankrupt or in the event of a suit for benefit
of creditors, all rights herein given to the company, shall, at the option of the city, be forfeited
and terminated.
Section 23. Severability.
In the event any section or part of this franchise ordinance shah be held invalid, such
invalidity shall not affect the remaining sections or portions of this franchise ordinance. If the
terms of this franchise should conflict with any laws or regulations now in effect or hereinafter
adopted by the Federal Communications [Commission] (or any other governmental agency
now existing or to be formed issuing rules and regulations affecting telecommunications) the
state or the United States Government, compliance by the company with such rules shall not
cause a forfeiture of this franchise.
Section 24. Repeal of conflicting ord;nances.
This ordinance repeals Ordinance 218 and amendments thereto, and all ordinances or
parts of orrli,~ances in conflict herewith are to the extent of such conflict hereby repealed.
Supp. No. 7 CDA~29
§ 25
SEBASTIAN CODE
Section 25. Effective date; acceptance by company.
This ordinance shall become effective October 1, 1981, upon its adoption by the city
council. Upon the adoption of this ordinance, the company shall file with the city clerk its
written acceptance of the terms, provisions and conditions of this franchise ordinance, its
insurance policy or policies, and its bond or bonds as required by this franchise ordinance,
within thirty (30) days al%er said adoption. Otherwise, this franchise ordinance shall be void
and of no effect, and the franchise rights, privileges and authorities given the company
hereunder shall cease.
ARTICLE V. R & R CORPORATE SYSTEMS INC., d/b/a CAPITAL SANITATION*
*Editor's note--Ordinance No. 0-95-09, adopted June 14, 1995, replaced article V, St.
Lucie Waste Services, Inc., by granting an exclusive residential solid waste collection franchise
to R & R Corporate Systems Inc., d/b/a Capital Sanitation for the purpose of solid waste
collection services. A copy of this ordinance can be found in the city clerk's office.
[The next ps~ is CDA:39]
Supp. No. 7 CDA:30
APPENDIX A--FRANCHISES Art. IV, § 5
granted shall extend to any area -~-exed to the .city and the company shall be bound by the
same rules and regulations aa to such area as are otherwise herein or hereafter provided.
The right to use and occupy said streets, alleys, public ways and places for the purposes
herein set forth, shall not be exclusive, and the city reserves the right to grant the use of
streets, alleys, public ways and places to any person at any time during the period of this
franchise ordinance.
The company shall have the fight to enter into agreements for the attachment unto and
use of facilities owned and operated by public utilities operation with the city, whereby the
company shall strictly comply with the terms, provisions and restrictions of said agreements,
and copies of all aEreementm made with other public utilities operating within the city shall be
placed on file with the city clerk's office immediately upon their execution.
Section 4. Compliance with laws, regulations and ordinances.
The company shall, at all ~.~mes duringthe life of this franchise ordin.~ance, be subject to all
lawful exercise of the police power by the city and to such reasonable ~egulation as the city
shall hereafter by resolution or ordinance provide. The construction, operation and mainte-
nance of the system by the company shall be in full compliance with the National Electrical
Code and applicable local codes as from time to time amended and revised.
Section 5. Company liability and inde--nification.
(a) Liabilily coverage. It is expresaly understood and agreed by and between the company
and the city that the company shall save the city harmless from all loss sustained by the city
on account of any suit, judgment, execution, cla~, or demand whatsoever arising out of the
cons(ruction, operation and maintenance of the system by the company. The company agrees
to m~tain and keep in full force and effect, at ail times during the term of this franchise
ordinance, sufficient liability insurance coverage to protect the city agahust any such claims,
suits, judgments, executions, or demands in a sum not less than one hundred thousand dollars
($100,000.00) per person as to any one claim, three hundred thousand dollars ($300,000.00) as
to any one accident or occurrence, and not less than one hundred thousand dollars ($100,000.00)
for property damage as to any one ack'tent or occurrence.
(b) Workmen's compensation coverage. The company shall also maintain in full force and
effect throughout the duration of this franchise ordinance sufficient workmen's compensation
insurance coverage to adequately and fully protect its agents and employees as required by
law.
(c) Permanent payment and performance guarantee. The company shall furnish a cash or
surety bond through a Class A insurance company authorized to do business in the State of
Florida, to the city, in the sum of fi~%een ~ousand dollars ($15,000.00), which shall remain in
full force and effect throughout the terms of this franchise ordinance to guarantee the payment
of all sums which may become due to the city for rentais, inspections, or work performed for
the benefit of the company under this franchise ordinance by any of its prov/sions, and to
guarantee to the city operation and transmission with[in] the times specified, and such bond
CDA:23 (~~
APPENDIX A-FRANCHISES Art. IV, § 11
(h)' Permits, easements and agreements. The city shall not be required to assume any
responsibility for the securing of any rights-of-way or easements, nor shall the city be respon-
sible for securing any permits or agreements with other persons or utilities.
Section 7. Construction approval by city~, correction of defects.
Except for individual service drops, the company shall not erect any pole, run a line, make
any attachment, nor shall any construction of any kind be commenced without the prior
approval of the governing body, and the city shall have and maintain the right to inspect the
construction, operation and m-l-tenauce of the system by the company to insure the proper
performance of the terms of this franchise ordinance. In the event the company should violate
any of the terms of this franchisee ordinance or any of the rules and regulations as may be from
time to time lawhtlly adopted, the city shall immediately give to the company ninety (90) days'
written notice to correct such violation, and in the event the company does not make such
correct/on within ninety (90) days from the receipt of such written notice, the city may make
such correction itself and charge the cost of same to the company.
Section 8. Signal carriage.
The company will install and operate a system in the city which will be capable of
delivering all signals required by the Federal Communications Commission.
Section 9. Regulated public utilities. ..
The company shall not use the system to interfere or conflict with ~ervices offered by
public utilities regulated by the state.
Section 10. Company rules.
The company shall have the authority to promulgate such rules, regulations, terms and
condit/ons governing the conduct of i~s business as shall be reasonably necessary to enable the
company to exercise its rights and to perform its obligations under this franchise ordinance
and to assure an u,~-terrupted service to each of all its customers, provided, however, that
such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof
and shall be subject to the approval of the governing body.
Section 11. Rates to customers.
(a) The rate schedule (attached as Ezb~bit A) ~ be Kled with the city clerk of the City
of Sebastian. Those rates cannot be adjusted, except as provided in section 12(b) [section 11(b)]
herein.
Ce)
(2)
(1) The company may adjust its rates annually a maximum of five (5) per cent without
city council approval. The company must notify the city council and subscribers thirty
(30) days prior to implementation of such an increase.
In the event that the company wishes to increase its rates in excess of five (5) per cent,
it will advise the city council in writing ninety (90) days prior to intended implemen.
CDA:25
APPENDIX A-FllANCHISES Art. IV, § 18
(b) Manner ofpayrnent. All payments as required by the company to the city shall be made
annually and shall be due within ninety (90) days after the close of the company's fiscal year.
(c) [First payment.] The Fn'st payment to be due March 30, 1982, for such applicable
revenues collected between the date of passage of the ordinance and December 31, 1981.
(d) ~4llocation.] One-third of the franchise fee shall be allocated for the purpose of pro-
duction and promoting local progr~,~,~ng (such as the cablecasting of city council meetings).
The company may deduct from such fee the actual cost of producing and promoting such local
programming. The company will furnish the city with an annual breakdown of such deduc-
tions at the time of payment. In the event that production and promotion costs for such local
programming exceed the accrued franchise fee for any given annual period, such overages may
be carried over to [the next] subsequent period.
Section 14. Reports.
An annual summary report showing gross revenues received by t~l~e company from the
operation of the system within the city during the preceding twelve (IR months' period and
such other information as the city may require in support of same, shall be given to the city
by the company. The company books of operation shall be open to the city and city represen-
tatives for the purpose of establishing gross revenues at all reasonable times.
Section 15. Franchise tr-n~,,fer.
The company shall not sell or transfer its plant or system or any portion thereof, nor any
right, title, or interest in the same, nor shall the company transfer any rights under this
franchise or~i-~nce to any person without prior approval of[the governl,g body. Such approval
cannot be unreasonably withheld.
Section 16. Duration of franchise ordinance.
This franchise ordinance sh-]] remain in full force and effect for a period of Fu%een (15)
years and is subject to renews/by the city by negotiations with the company for an additional
f'n%een-year period not to exceed a total of thirty (30) years.
Section 17. Service to city.
The company shall provide free connections to all municipally owned or leased buildings
within the corporate limits of the city.
Section 18. Service to the community.
The company shall, in times of an impending or during a natural disaster such as a
hurricane, flooding, or other unusual weather phenomenon of major proportion and/or other
man-made disasters such as a train der~;Ir, ent or chemical tank truck explosion, and/or other
important concerns affecting the health, safety and welfare of the general populace, designate
a certain channel as an emergency channel to be utilized by civil defense, the Sebastian
Volunteer Fire Department and Ambulance Squad, the Sebastian City Police, the city admm'~
CDA:27
APPEi~DEX A~FRA~¢PHSE$ § 2~
(9) Provide that the plot of gain versus frequency across any six-megacycle ch---el is to
be fiat plus or m~.us three (3) decibels.
(d) The company shall provide and keep accurately calibrated test equipment on hand in
the city at all times for the testing of all service and operational standards outlined in this
ordinance and shall conduct these tests as requested by the city under the supervision of a city
representative in order to establish the level of performance of the system.
(e) Provided, however, nothing contained herein sh~ll be inconsistent with the rules and
regulations of the Federal Communications Commission.
Section 21. Service manager.
The company shall provide a service manager and shall have a local public telephone
listing so that the public may call in complaints at any time. The manager will be on call
twenty-four (24) hours a day to receive reports and notices of disruption~ or impairment of
service. Such a service manager shall not be required to reside in the city, hbwever, he shall be
located so as to be able to provide prompt and et~icient service to the subscribers to the system.
Section 22. Penalties.
Should the company, its successors or assigns, violate any of the provisions of this
franchise ordinance or any reasonable rules and regulations or other laws, or should the
company fail to promptly perform any of the provisions hereof and fail to operate, the company
shall forfeit all its rights hereunder to the dty and forfeit the bond, aider written notice to the
company and continuation of such violation, failure or default for a period of more than thirty
(30) days. In the event the company is adjudged bankrupt or in the event of a suit for benefit
of creditors, all rights herein given to the company, shall, at the option of the city, be forfeited
and terminated.
Section 23. Severability.
In the event any section or part of this franchise ordinance shall be held invalid, such
invalidity shall not affect the remaining sect/ons or portions of this franchise ordinance. If the
terms of this franchise should co-9~ct with any laws or regulations now in effect or hereinafter
adopted by the Federal Communications [Commission] (or any other governmental agency
now ex/sting or to be formed issuing rules and regulations affecting telecommunications) the
state or the United States Government, compliance by the company with such rules shall not
cause a forfeiture of this franchise.
Section 24. Repeal of confficting ordinances.
This ordinance repeals Ordinance 218 and amendments thereto, and all ordinances or
of ordinances in conflict herewith are to the extent of such conglct hereby repealed.
v~.._...~Supp. No. 7 CDA~29
CONSENTING TO TRE ASSIGNMENT AND
FUND VIII-A, JONES INTERCABLE, INC., TO FALCON CABLE
MEDIA, L.P., A CALIFORNIA LIMITED PARTNERSHIF.
BE IT RESOLVED, by the City Council of 'the City of
Sebastian, Florida, that the assignment and transfer of Ordinance
no. 218-E dated September 23, 1981, as amended on May 30, 1986,
(the "Ordinance") from Cable TV Fund VIII-A, Jones Intercable,
Inc., (the."Fund") to Falcon Cable Media, L.P., a California
limited partnership ("Falcon") is approved and confirmed by the
City Council of the City of Sebastian. Assignee shall not assign
and transfer the franchise of any part thereof without further
approval of the City Council of the City of Sebastian, Florida.
By accepting this Resolution the assignee agrees that it
shall abide by the following line extension policy for the
duration of the franchise;
~lB~lff~Line~~ Service lines shall be
extended in new kreas upon customer request if the known or
projected revenues from the added customer basic service rates
should recover the line extension cost in 38 months or<less from
the time of the extension and the line extension can provide
service in compliance with the minimum service standards of the
Federal Communications Commission.
This Resolution shall be effective upon execution by the
assignee and receipt by the City of copies of fully effective
payment and performance bond pursuant to Section S(c) of the
Ordinance and upon receipt by the City of the insurance policy
stated in Section 5(a) of the Ordinance.
By accepting this Resolution the assignee agrees to
faithfully and completely abide by all terms and conditions of
the Ordinance.
This Resolution must be accepted within 60 days of the date
this Resolution is passed by the City Council.
PASSED AND APPROVED', bvM.the City Council of the City of
Sebastian, Florida, this ef~ day of ~w_ .. _,'1957.
',...,~,,,.-- PALCON CABLE MEDIA, a California limited
partnership
By:FALCON MEDIA INVESTORS GROUP, a California
limited partnership, its General Partner
i'"California.corporation,..its,.aeneral.~,.ii::t,
ir
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ri FAX (407) ,589-5570
SUBJECT: Resolution No. R-96-68
Granting an easement to facilitate
drainage within the Adams Street
right-of-way
Approval for Submittal By:
)
)
)
)
)
)
)
)
)
)
)
Agenda Number:
Dept. Origin: Community Dev. ~.,
(RM)
Date Submitted: 09~5~96
For agenda Of: 09111196
Exhibits:
1, ResolUtion R-96-68
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. Christopher Marine representing the Park Trust contacted the City conceming a
parcel of land the Trust desires to sell. The survey of the property determined that an
"Adams Street" right-of-way existed there despite the fact that structures were built on
the right-of-way. A drainage ditch runs from the parcel on the south side of the right-of-
way to the parcel on the south side. In order to sell the north parcel, the Trust needs to
establish an easement from that parcel through the right-of-way and the south parcel.
Mr. Marine requested that the City grant an easement through the Adams Street right-
of-way.
Mr. Marine has indicated that in the future, it is the Trust's intent to request a vacation
of the right-of-way.
The City Attorney has reviewed and approved the grant of easement.
RECOMMENDED ACTION
Approve resolution R-96-68 granting the easement and authorizing the Mayor to sign
and the City Clerk to attest the grant of easement, ~
RESOLUTION NO. R-96-68
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING AN EASEMENT TO DANIEL L
PREUSS, TRUSTEE, AS TO AN UNDIVIDED 25% INTEREST,
BARBARA LYNCH, AS TO AN UNDIVIDED 25% INTEREST,
BARRY COLE AND CHARLOTTE COLE, HIS WIFE, AS TO AN
UNDIVIDED 25% INTEREST, AND ROBERT DACOSTA AND
LINDA DACOSTA, HIS WIFE, AS TO AN UNDIVIDED 25%
INTEREST, AS TENANTS IN COMMON TO FACILITATE
D~AGE WITHIN THE ADAMS STREET RIGHT-OF-WAY;
~-~__.._A.~UAU.IORIZING TH'E~ MAYOR TO SIGN AND THE CITY CLEM
TO ATTEST, ON BEHALF OF THE CITY, TKE GRANT OF
EASEMENT; PROVIDING THAT THE GRANTEE SHALL
RECORD THE EASEMENT AND FURNISH A COPY OF ~
RECORDED INSTRUMENT TO ~ CITY CLERK; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABHATY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Daniel I. Preuss, Trustee, as to an undivided 25% interest, Barbara
Lynch, as to an undivided 25% interest, Barry Cole and Charlotte Cole, his wife, as to an
undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an
undivided 25% interest, as tenants in common (the "Grantee") has requested an easement
from the City of Sebastian and the First Union National Bank of Florida (the "Grantor") to
facilitate drainage within the Adams Street right-of-way; and
WHEREAS, the Grantee upon receipt of the executed grant' of easement, will
record and return a copy of the recorded easement to the City Clerk for the City of
Sebastian; and
WHEREAS, a public purpose is served by the granting of the easement to the
Grantee,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. EASEMENT DESCRIPTION. The City Council of the City of
Sebastian, Indian River County, Florida, hereby grants an easement, indgntified as Exhibit
"1" to this resolution, further described in Schedule "A" to the grant opasemnt and made
part hereof, to Daniel I. Preuss, Trustee, as to an undivided 25% interest, Barbara Lynch,
as to an undivided 25% interest, Barry Cole and Charlotte Cole, his wife, as to an
undivided 25% interest, and Robert DaCosta and Linda DaCosta, his wife, as to an
undivided 25% interest, as tenants in common to facilitate drainage within the Adams
reet right-of-way.
Section 2. EXECUTION. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the
City of Sebastian, the Grant of Easement described herein.
Section 3. RECORDING, The Grantee shall record this easement in the
Official Records of Indian River County, Florida, after receipt of a fully executed
instrument, and shall provide the Grantor with a copy of the recorded easement indicating
the book and page at which the easement is recorded.
Section 4.
hereby repealed.
CONFLICT. All resolutions or parts of resolutions in conflict are
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 Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall be further be assumed that the City Council woui~t have enacted the
remainder of the Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 6.
upon final passage.
EFFECTIVE DATE. This Resolution shall take effect immediately.
The foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmemeber
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
day of
The Mayor thereupon declared this Resolution duly passed and adopted this
.. ,1996.
CITY OF SEBASIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
Record and return to pr=parer
of instnm~¢nt:
Christopher H. Mag_a~,
979 Beachland Boulevard
Vero Beach, FL
l~ccording:
De~I Stamps:
Total:
TI]IllS F_,ASEIViE1NT, made and ex=ct=ed this day of , 1996, by
FIRST U1NiON NATIONAL BAIWK OF FLORIDA. forn~rly kno~ra as ~ FntST
BANKERS, I~.A_, a Florida corporation, in a corporate capacity and as TRUSTEE under the
teFlns of a Tru.~ A~r=~rnent dared FebruarF 8, 1983. and Cn-Y OF SEBASTLA2q, a
municipality of the St~t= of t:Iorida, whose post office address is cYo $00 Beachlaud
Boulevard, Ver~ Beach. Florida 32963, and 1225 Main Street, Seba.~dan, Flcrdda 32958,
respecti~n~ly, as GRANTOR. and D~ L I~EU$S, AM TR`USTEE UNDER TR`UST
AGREEMENT DATED MAY 24, 1993, as to an undiv/ded~h/rty P~_~e.e~ (~t0o.,'~ in~
BAI~B~ B. LY1VCH, AS TRUST/gE UND~ TRUST A(~REEMENT DAT]ED DECENI~R`
11, 19/[6, as to ~ ~mdivided Twenty Five Perc. e~ (25%) interest, BARleY COLI~ and
R.CHARLOTTE COLE, HIS XVIFE, a~ to an undi~rid=d Tw~nt~ Five Percent C2~%) inte~e.~ and
on. . r D cosrA u m^ D C. OSr HIS wn , as to an und/ d r nty
~ .(20%) mt~ as ~ m common, wl~ose po~t offic~ adclre~ is collectiv=ly-~~
Box 7~0384, Seb~t/an, Florida ~297~-0M84, ~-~ GRANTEE:
~rI'I"IN'F~SE'rI~ tb~ C-xant~, for andln conslderm/on ~fth~ sum ofTen ($10.00)
Doilar~ and other valuable condd~rations, the receipt of which is he.by a~knowledged, by
a non-exclusive drainage easemant over, upon aud ~cross the following d~-ibed real
property loc.~=d ~ situa~ in l~ Riwr C~uary, Florida, to the extent that the ~-anWr has
See Schedule "A" affixed heFetu, by refeFence/ncorporated
herein.
Tim easements h~n~by created shall be binding upon the Grantor and the Graator's
successors in title to ali of the above de~ribcd real property and shall inure to thc ben=Fat of
the said Grantee and i~ successors in title to thc follow/nE d~scribecI r~ pmpe~ located and
situate in Ind/an R/vet County, Flodchu
Psrc~! 1:
I~t 5, Block 2, ~r.A. Martins Subdivision, less the lLastenly 26.74
f~-t th. ereof; according to tho Plat thcs-of as recorded in Plat Book
3, Page 12, of thc public rec~ds of St. Lucie County. Florida, said
La~d now lying and being in End/an R/vet County, Florida.
AZ~O
a portion of Government Lot 6, Section 6, Townsh/p 31 .~outh,
Rang= 39 East, lying b=tw~m the Florida Hast Coaxt Railroad
right of wa-f and U.S. Highway No. ~ riDht of way b=hal~
particularly desc=ibed as
Commence a~ th= int~rs~l/on o£rJ~ South s/dc offAdmns
which i~ 13.03 ~ So~ ~d 108.~ ~~ of~c
of s~d ~o~ ~ Co~ ~~ 116.20 fc~ ~ ~e ~t of
bc~n~n~ ~ce ~ue S~T12' E ~ong s~d ~ of~
l~c 142.~ ~to ~eNo~ 1~ ofW~ ~ Sub~ou. ~
~co~ed ~ P~ Book 3, Pa~ 12, of ~e public ~c~ of St
of s~d W~. ~ Su~~ 24~.75 feet ~ ~
fi~t of ~ ~c of p~t ~y U.S. ~~ No. 1, 100 ~
po~t of be~ S~d p~ now 1~ ~d b~ ~ ~
upon ~d ~ ~e ~ement ~ h~ d~b~ ~r ~ ~, ~ ~o ~r'~
~ C~ of Seb~ jo~ ~ ~hi~ ~ of ~~ ~ ~ for ~
Tlds Ea.~-rnent ~ all rig. s conferred her~/n ~ te~i~-m aud imm~Hately become ·
of no further force or e~cct/n thc ~v~nt:
Si~ned, seal~cl and delivcrr, d
in our iyre~nce:
Printed Name:
Printed Name
FIRST UNION NATIONAL BANK
OF FLOR~A, formerly known as
TI~ FIRST BA~, N.A., a Flor/da
cerpora~on, i~ ,~ cerpora~e capacity a~d as
TRUSTEE under th~ term~ of a Trust
At~rem-nent dated February ~, 1985
Vic~ Pr=ddcnt
(Coryorat~ sd)
Printed Name:
STATE OF FLOKI~A
CITY OF SEBASTIAN, a municipality
of thc State of Florida
By:
Mayor
(Corporate Seal)
ATI'~ST:
City Clerk
COUNTY OF
I HE~Y CERTIFY that on this day, b~fore me, an officer duly authorized in the
State az~d County aforesaid to take acknowledgments, l~r*o~ly appem~d
. well known to mc to be the Vicc Pz~idem of the corporation n~med
in the for~goimg ~ and tha~ he severally acknowledged executing the same in the
presence of two subscribing wimesse~ f:re~y and volunmrily under authority duly vexed in
him by said corporalion and that the seal a~Sxcd ~aereto is the true corporate seal of said
corporaiion and who did take an oath.
day of
WITNESS my hand and o/!Sdal aeal in *he Cotmty and State ~ afor~a/d th/s
..... , A.D. 1996.
Notary Public
Printed Name:
Co~nsion No.:
My Comm/-~ion Exp/res:
(Notary Seal)
STATE OF FLORIDA
COUNTY OF
I HEREB'Y' CHR~ tha~ on this day, before me, am offl~r d~y a~~ ~ ~c
Sm~ ~d Co~w ~or~d to ~ ~owled~m, p~o~y ~e~d
, ~ ~ W me W ~ ~e ~yor of ~ ~cip~ of ~ Sm~ of
~ ~ him by ~d m~cip~ ~d ate ~ -~x~ t~O ~ te ~ ~o2c ~
of s~d m~p~i~ ~d who ~d ~e ~ o~.
WIT1WiESS my hand md official si/i~ li~ Carat7 ad State last aforesaid this
day of , A.D. 1996.
Notary Public
Printed Name:
Comrm{~ion No.:
My Comm/z~on E~pir~:
SCH]~UtE "A"
DESCRIPTION
8' IrlD:E D RAINA GE MABVTi?NANCE F~$EMENT
49.$$ FEZ:r; TnTZ~ $ #2'$6' 2.~" .E, 50.96 FE.F.T,- TrmNC~ $ 60'26'
I OI"E, 12.76 FE~; Ttl~VCE N 70'00' 00" 9.77/~ET
M'ORI~
OR
2'0 IH~ POINTOF T~rea,ITNtTgATTHI~ ~ RIGtlT OF WAY LINE OF
E.g. tliOHIVAY No. 1.
I
i PI~F-PARED
BY(
MOODY& BRYA37' ~ SLrR~G, L~TC
I
City of Sebastian
I 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-8200 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
Subject;
Resolution in support of "Scrub Lot"
purchases being considered by the
Indian River Board of County
Commissioners on September 17, 19
1996
Approved for Submittal by:
Thomas W. Frame, City Manager
Agenda No.
Department Origin: City Manager
Date Submitted: September 5, 1996
For Agenda of September 1 i, 1996
Exhibits: Back up mater~al to be forth coming
Expenditure Required: no
Amount Budgeted: N/A
Additional Appropriation
Required: N/A
SUM34ARY STATEMENT
On Tuesday, September 17, 1996 the Indian River Board o£ County Commissioners shall
conduct a public hearing regarding the purchase of the various "scrub lots" in the Sebastian
Highlands area. There may not be overly strong support for the purchase of these lot. A
resolution of' the City council may help to restate our strong support for these parcels.
RECOMMENDATION
Adoption o£ the resolution.
City of Sebastian
I 1225 MAIN STREET J~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-8200 [3 FAX (407) 589-5570
AGENDA TRANSMITTAL
Subject: Outdoor Fire Ordinance
Approved for Submittal by:
Thomas W. Frame, City Manager
Agenda No.
Department Origin: City Attorney
Date Submitted: September 4, 1996
For Agenda of September 11, 1996
Exhibits: Proposed Ordinance No. O-96-16
Expenditure Required: no
Amount Budgeted: N/A
Additional Appropriation
Required: N/A
SUMMARY STATEMENT
The attached proposed ordinance is the results of the proposal brought forth at the workshop
held by the City council on August 28, 1996. It reflects those changes discussed and will limit
almost all if not all open burning of vegetation. The significant change which will cause the
greatest limitation is an increase from 1,000 feet to 1,500 feet the distance required from an
occupied building.
RECOM~II~NDATION
Accept the first reading of the Ordinance 0-96-16 and set the second reading and public hearing
for October 9,1996.
ORDINANCE NO. 0-96-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVERCOUNTY, FLORIDA, AMENDING SECTION
42-48 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES
ENTITLED "OUTDOOR FIRES", CHANGING THE TITLE OF SECTION
42-48 TO "CONTROL OF OPEN BURNING"; PROVIDING FOR OPEN
BURNING RESTRICTIONS; PROVIDING FOR EXCEPTIONS AND
RESTRICTIONS AGAINST OPEN BURNING; PROVIDING FOR REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida
("City"), finds that it is in the best interest of the citizens of
the City of Sebastian to restrict open burning to the greatest
extent possible; and
WHEREAS, additional restrictions on open burning furthers the
public safety, health and general welfare of its residents;
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the
City of Sebastian, Florida, as follows:
Section 1: Section 42-48 of the City of Sebastian Code of
Ordinances relating to open burning is hereby amended as follows:
Sec. 42-48~--~---~-~ ~-^-.~ Control of Open Burning.
A. Open Burning Restrictions. No person shall
cause, suffer, allow or permit open burning except as
provided herein. No person shall fail or refuse to
.take all reasonable and necessary steps and precautions
to prevent open burning upon any premises owned,
~ccupied or under control of such person. No person
shall fail or refuse to take all reasonable and
~ecessary steps and precautions to extinguish or
otherwise terminate and abate any open burning which
has o~ginated through any cause whatsoever upon any
premises owned, occupied or under the control of such
person or upon premises upon which such person is
carrying out any operation or activity.
B. The following...~re ~xc~ptions and restrictions
against open burning:
(1) Campfires used solely for recreational
purposes, warming fires for outdoor workers,
fires for noncommercial cooking, and small fires
for ceremonial purposes are allowed anywhere
within the City without any permit from any
governmental body provided that the fire does not
create excessive smoke, or cause a nuisance in any
'~' Small household trash and household
manner. ~.,
paper product fires are prohibited.
'~-' (2) Open burning of vegetation and wood
materials resu-lti, n...q from +1~ land cleari, ng ~
Open burning of wood and vegetation piled up
during a land clearing operation may be permitted
~ provided all of the following conditions
are complied with:
(a) The burning shall first be approved by
the Division of For~.~r~..,.. the fire chief and the
City Council. In order to approve a request to
allow open burni.gg under this subsection, the
City Council must find that it is in the public
interest;
(b) Ail of the requirements of Chapter 17-5
of the Florida Administrative Code must be met;
(c) An air curtain incinerator permitted by
the State and County must be utilized in
connection with burning of materials;
(d) The fire shall be at least {-rO~Q 1,500
feet from the nearest occupied building and at
least 150 feet from the nearest public road;
(e) The piles of materials to be burned
shall burn out completely one hour before sunset;
Burning shall be conductc~l only on cl~ys
2
of low pollution potential, and only between the
hours of 9:00 a.m. and 4:00 p.m. on such days;
(g) Smoke shall not blow over a road to
obstruct vehicular traffic;
(h) Air traffic shall not be obstructed;
(i) Prior authorization shall be obtained
from the division of forestry, the Chief of the
fire department and the City Building Official;
(j) Only clean fuel not containing garbage,
rubber, plastics or other refuse shall be allowed
for the start-up of fires; and
_A .~ ~ _ .~r~:~ The burning of tires,
(k) P~~h.b.t=d ~
other rubber materials, roofing materials,plastics
and creosoted wood are prohibited. ~'
~ Cancellation of fires. Any police officer,
fired department officer or code enforcement officer of
the city may order the immediate termination of any
outdoor fire within the city limits if weather
conditions change, whereby a fire may constitute a
dannger of wild fire, air pollution, or other nuisance.
Section 9: If any section or part of a section of this
Ordinance is declared invalid or unconstitutional, the validity,
force and effect of any other section or part of a section of this
Ordinance shall not thereby be affected or Smpaired unless it
clearly appears that such other section or part of a section of
this Ordinance is wholly or necessarily dependent upon the section
or part of a section so held to be invalid or unconstitutional.
Section 10: This Ordinance shall prevail over all other
Ordinances which are in conflict with this Ordinance. If any
clause, section or other part or application of this Resolution
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 and in no way
affecting the validity of the remaining portions or applications
remaining in full force and effect.
Section X~: This Ordinance shall go into effect immediately
upon its passage and adoption and authentication by the signature
of the presiding officer and the Clerk of the City Council.
The foregoing Ordinance was moved for adoption by
Councilmember . The motion was seconded by
Councilmember and, upon bei~ put into a
vote, the vote.was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and
adopted this __ day of , 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
14
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie F. Settles
City Attorney
City of Sebastian
· 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407J 589-5330 [] FAX (407] 589-5570
SUBJECT: First reading of )
Ordinance 0-96-30, amending the )
Land Development Code regarding )
the division of a single lot )
Approval for Submittal By:
)
)
)
City Manager
)
)
)
)
Agenda Number:
Dept. Origin :..
Date Submitted:
For agenda Of:
Exhibits:
i.
Community Dev.
09/g96,
09/11/96
Ordin~ance O-96-30
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEM~ENT
The land development code defines a subdivision as the division and recording, in
accordance with law, of a parcel of land into two or more lots or blocks for the purpose
of transfer of ownership or development for development, sale or lease. The code
states that no subdivision of a tract of land anywhere in the incorporated area of the
city shall be created except in conformance with the code. The code goes on to define
all subdivisions as either major or minor.
A minor subdivision is one which: 1) has four lots or less on an existing street or road,
2) does not require construction of a new street or road, and 3) does not require off-site
improvements to any roads, drainage system or utilities. A major subdivision is any
subdivision not classified as a minor subdivision.
It is a relatively common practice in Sebastian to divide a lot in half, with the halves
going to the adjacent lots. Procedurally, this can only be accomplished as a minor
subdivision. The code requires the preparation of a new plat, including a name for the
"new' subdivision, with a review by the Planning and Zoning Commission and approval
by the City Council. This is a lengthy process for a relatively simple issue.
In the past, the division of a lot was viewed not as creating lots, but the elimination of a
lot and, therefor, not covered under the code. It is the opinion of the current staff and
city attorney that this interpretation is incorrect.
The staff has developed a proposed ordinance to address this matter. The ordinance
would create a third type of subdivision - the division of a single lot. It would provide
for a procedure for the administrative approval of such a subdivision.
The Planning and Zoning Commission considered this matter at their September 4,
1996 meeting and voted unanimously to recommend approval of Ordinance 0-96-30 to
the City Council.
RECOMMENDED ACTION
Approve the first reading of Ordinance 0-96-30, set a public .hearing and second
reading for October 9, 1996
i
ORDENANCE NO. 0=96=30
I
AN ORDINANCE OF ~ C-TrY OF SEBASTIAN, INDIAN RIVER
I COUNTY, FLORIDA, AMENDING TttE LAND DEVELOPI~ENT CODE
REGARDING ~ING THE CLASSiFiCATIO~ OF SUBDIVISIONS TO
INCLUDE DIVISION OF A SINGLE LOT, REGARDING ~
I RESPONSIBII.rrIES OF ~ PLANNING AND ZONING COMMISSION,
ESTABLISI~ING PROCURES FOR ~ APPROVAL OF THE
DIVISION OF A SINGLE LOT; PROVIDING FOR CODIFICATION;
i PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WItEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land
Development Code relating to the division of a single lot and providing for a procedure to approve the
division of such a lot; and
WItER~S, 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 do so,
NOW Tm~REFORE, BE IT ORDAINED BY THlg CITY COUNCIL OF ~ CITY
OF SEBASTIAN, FLORIDA, TIIAT:
Section 1. Section 20A-16.1.C. of the Land Development Code, City of' Sebastian,
Florida is hereby amended to read as follows:
C. Division of a single lot, rnMajor and minor subdivisions. Ail future subdivisions
of land within the corporate limits of the City of Sebastian shall be classified as being a "division
of a single lot"~ "major _subdivision" or "minor subdivision" :ubaM:'.'cn, as defined herein, and
shall be subject to the regulations of this code as they apply:
1. Division ora s.i~n, gle lot. Any subdivision of a lot or tract in an platted subdivision
into two parcels that abut an accepted street right-of-way, does not require, any
off-site improvemems to any roads, drainage system or utilities and conforms to
the requirements of Article XVII and Article.. XVIII of this code. Any tra. ct of la,n..~
that is subdivided as a division ora sin~e lot can not be further, subdivided unless it
meets the requirements of.a minor or ma[or subdivision.
(a) 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; ae, d (3) does not require off-site
improvements to any roads, drainage system or utilities and is not a divi.~ion of a
sin~e lot subdivision.
(b) Any tract of land that is
subdivided as a minor subdivision can not be
further subdivided unless it meets the requirements of a major subdivision.
Major subdivision. Any subdivision not classified as a division of a ,ingle lot or a
minor subdivision.
Section 2. Section 20A-16.2.B. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
B. General responsibility of planning and zoning commission and mandatqd compliance
with comprehensive plan and zoning. Prior to the approval of any proposed ~
subdivision, the area to be subdivided shall be determined by the city planning and zoning
commission to be consistent and in compliance with the comprehensive plan and zoning policy
applicable to the land and use under consideration.
Section 3. Section 20A-16.5. of the Land Development Code, City of Sebastian, Florida is
hereby created to read as follows:
Sec. 20A-16.5. DMsion of a single lot procedures
A. Application. Application for a division of a single lot shall be in a form prescribed by the
Community Development Director, copies of which may be obtained from the Community
Development Department. The fee for application for a division of a single lot shall be determined by
resolution by the city council. The application shall contain the following:
.1. A legal description and survey ofthe lot to be divided,
2. A legal description of the two parcels to be created,
3. A legal description and dedication of any easements required pursuant to Sec. 20A-17.2.F.
of this code for the new parcels,
4. A unity of rifle, in a form approved by the dty attorney, unifying adjacent parcels and lots if
the division of the original lot results in a non-conforming parcel,
5. An application for vacation of easement, ii'necessary.
B. Review procetfltres. The application for the division of a single lot shall be reviewed by the
Community Development Director and City Engineer to ensure conformance with this code, the
Comprehensive Plan and the City of Sebastian Code of Ordinances, The division of a single lot may
not result in the creation of a non-conforming lot. All lots created by a division of a single lot shall
have area, frontage, width and depth required by the zoning disuict in which said lots are located and
shall be reviewffassure that the lots continue to conform~ to the requirements of Article X-VII and
Article XVI2I of this code.
C. Approval. Upon determination that the request for a division of a single lot is consistent with
this code, the Comprehensive Plan and the City of Sebastian Code of Ordinances, the Community
Development Director shall approve the application. In the event that a vacation of easement is
required, approval of the application shall not occur until the vacation of the easement is approved by
D. Recording. Upon approval of the division of the single lot, the applicant shall record the legal
description of the lots created, any unity of title and any dedication of easement with the clerk of the
Section 4. CODIHCATION. It is the intention of the City Council of the City of
Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land
Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such
other word or phrase in order to accomplish such intention.
Section 5. CONFLi~. 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 6. SEVERABII,1TY. 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 shah be considered as eliminated, in no way
affecting the validity of the remaining portions or applications, which shall remain in full force and
Section 7.
EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days
its passage and adoption.
PASSED BY THE CITY COUNCIL OF TI-IE CITY OF SEBASTIAN, FLORIDA, ON FIRST
READING, TI-IIS __ DAY OF ~ 1996. PASSED AND ADOPTED BY Tt-IE CITY
COUNCIL OF TI4E C1TY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING,
THIS __ DAY OF ~ 1996.
The
foregoing Ordinance was moved for adoption by
The motion was seconded by
and, upon being put into a vote, the vote was as follows:
Mayor Louise tL Cartwright
Vice Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J, Taracka
The Mayor thereupon declared this Ordinance
,1996.
duly passed and adopted this
CITY OF SEB~~, FLORIDA
By:
Louise K Cattwright, Mayor
Councilmember
Councilmember
ATTEST:
Kathx~ M. O~/allorm, CMC/AAE
Approved as to Form and Content:
Valerie Settles
City Attorney