HomeMy WebLinkAbout10121994 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 12, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CiTY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
3. INVOCATION
4. ROLL CALL
5. AGENDA MODIFICATIONS /ADDITIONS AND/OR DELETIONSk -
94.240
PG I
94.241
PG 3
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A®
Proclamation - Forget-Me-Not Days - October 25 -
27, 1994 - Requested by Disabled American
Veterans - Gene Evans Chapter 34 - John (Jake) A.
Gehrig Accepting
Proclamation - Pepper Buster Day - October 22,
1994 - Requested by Friends of the St. Sebastian
River - Scott Taylor or George Schum Accepting
94.242
PGS 5-14
7. PRELIMINARY MA~TER~
~ESOLUTION NO. R-94-58 - Quasi-Judicial Hearing
Procedures (City Attorney Transmittal dated
10/6/94, R-94-58)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO QUASI-JUDICIAL
HEARINGS; ESTABLISHING A PROCEDURE FOR QUASI-JUDICiAL
HEARINGS; SETTING OUT RULES; DESIGNATING THE CONTENTS
OF THE RECORD; ESTABLISHING PROCEDURES FOR
EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
94.224
PGS 15-18
10.
PGS 19-33
8. PUBLIC HEARING
Follow procedures for quasi-judicial hearing
Captain Hiram's West - Special Use Permit -
Miniature Golf Course (Director of Community
Development Transmittal dated 10/6/94,
Application, Proposed Site Layout)
9. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC
Presentation of Items Not Otherwise on the Agenda -
By Resolution No. R-93-19 Limit of Ten Minutes for
Each Speaker
CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of city Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 9/28/94 Regular Meeting
94.243
PGS 35-45
RESOLUTION NO. R-94-55 - Vacation of Easement
(City Clerk Transmittal dated 10/4/94,
Application, Survey, PW and Utilities' Letters of
No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE NORTHWEST FIVE
FEET OF THE SOUTHEAST TWENTY FOOT PUBLIC UTILITY
AND DRAINAGE EASEMENT, OF LOT 37, BLOCK 293,
SEBASTIAN HIGHLANDS UNiT 11, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 7-56, 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.
94.244
PG$ 47-58
94. 132
PGS 59-80
94.198
PGS 81-87
94.245
PGS 89-108
94.246
PGS 109-111
94.247
PGS 113-117
11.
12.
RESOLUTION NO. R-94-57 - Vacation of Easement
(city Clerk Transmittal dated 10/4/94,
Application, Survey, PW and Utilities' Letters of
No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE SOUTHEAST FOUR
FEET OF THE NORTHWEST TWENTY FEET PUBLIC UTILITY
AND DRAINAGE EASEMENT, OF LOT 9, BLOCK 264,
SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 6-37B, 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.
Police Dept. HVAC Remediation & Quality Assurance
/Quality Control Program - Reject All Bids for
Staff Review, Amendment and Rebid (Director of
Community Development Transmittal dated 10/4/94,
Bid Tabulation, Bid Specs)
Bid Award - Community Center Air Conditioner -
Palm Aire and Electric - $3,318.00 (Engineering
/Public Works Transmittal dated 9/16/94, Bid
Tabulation Form, PW Memo dated 9/30/94, Specs)
Bid Award - Contract Approval - Payroll Services
Low Bid - Paychex, Inc. - $2,806.00 (City Manager
Transmittal dated 10/6/94, Bid Review Committee
Memo, Proposed Contract)
North Indian River County Republican Club -
Request Use of Riverview Park - Political Rally -
10/21/94 - 1:30 p.m. to 4:00 p.m. - Standard
Conditions (Director of Community Development
Transmittal dated 10/4/94, Fischer Letters dated
9/30/94 and 10/6/94)
American Cancer Society - Use of Riverview Park -
Making Strides Move Along-A-Thon - Close Indian
River Drive - 11/5/94 (Director of Community
Development Transmittal dated 10/3/94, Tobin
Letter dated 8/30/94, PW Memo dated 9/13/94, PD
Memo dated 9/26/94)
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
3
13.
94.237
PGS 119-137
94.229
PGS 139-150
OLD BUSINESS
RESOLUTION NO. R-94-54.- Golf Cart Maintenance
Contract Award - Custom Carriages, Inc. -
$10,320 - Revised (City Manager Transmittal dated
9/22/94, R-94-54, Revised Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE
PURPOSE OF PROVIDING CART MAINTENANCE SERVICES FOR
THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-94-51 - Advisory Board
Procedures (City Clerk Transmittal dated 10/6/94,
R-94-51)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS,
COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM
PROCEDURES FOR APPOINTMENT; PROVIDING FOR LENGTH OF
TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING
FOR ALTERNATIVE MEMBERS; ESTABLISHING DUTIES OF THE
CITY CLERK; PROVIDING FOR UNIFORM APPLICATION;
PROVIDING FOR RESIGNATION AND REAPPOINTMENT;
ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN
THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF
APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT
INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO
PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL
DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR
REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
94.239 C.
PGS 151-158
RESOLUTION NO. R-94-50 - Community Center, Yacht
Club and Council Chambers (City Clerk Transmittal
dated 10/6/94, R-94-50)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE USE OF THE
SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND
CITY COUNCIL CHAMBERS; PROMULGATING RULES AND
PROCEDURES FOR THE USE OF SUCH FACILITIES; PROVIDING
FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS,
AND OTHER CHARGES; PRECLUDING THE USE OF THE
FACILITIES FORCOMMERCIAL PROFIT GENERATING
ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
4
14. N__EW BUS INE__~SSS
94.248 A. Airport Rezoning - Consistency with Airport
PGS 159-161 Master Plan (Director of Community Development
Transmittal dated 10/3/94, P & Z Memo dated
8/23/94, Map, Sec. 7-4 Airport Master Plan)
94.249 B.
PGS 163-164
94.105 C.
PGS 165-172
Schedule Board of Adjustment Hearing for Variance
Request (Director of Community Development
Transmittal dated 9/29/94)
ORDINANCE NO. O-94-11 - Amending GMC and MCR
Zoning District Uses (Director of Community
Development Transmittal dated 10/6/94, O-94-11)
1st Reading, Set Public Hearing 11/16/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
6.1 C. 17. a. OF THE CITY OF SEBASTIAN LAND
DEVELOPMENT CODE TO iNCLUDE BAIT AND TACKLE SHOPS AS
A CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION
20A-3.11 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR
STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE
GENERAL MARINE COMMERCIAL DISTRICT; AND AMENDING
CHAPTER 20A, SECTION 20A-3.12 C. OF THE CITY OF
SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING
LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A
CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION
20A-6.1 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO ADD AN ADDITIONAL SUBSECTION (33) TO PERMIT
PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE
LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL
AND RESIDENTIAL DISTRICT AND IN THE GENERAL MARINE
CQMMERCIAL DISTRICT OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CiTY OF
SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
5
94.223
PGS 173-180
15.
94.250
PGS 181-184
ORDINANCE NO. O-94-12 - Amending Building Height
in GMC Zoning (Director of Community
Development Transmittal dated 10/6/94, O-94-12)
1st Reading, Set Public Hearing 11/16/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.12 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, CHANGING THE MAXIMUM BUILDING HEIGHT IN THE
GENERAL MARINE COMMERCIAL DISTRICT TO PERMIT A
MAXIMUM BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE
OF INDIAN RIVER DRIVE AND RETAINING A MAXIMUM
BUILDING HEIGHT OF 25 FEET ON THE EAST SiDE OF INDIAN
RIVER DRIVE WITHIN THE GENERAL MARINE COMMERCIAL
DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
CITY COUNCIL MATTERS
A. Mr. Frank Oberbeck
B. Mayor Arthur Firtion
Vice-May_q~ Carolyn .Co~um
1. RESOLUTION NO: R-94-56 - Florida City
Government Week (City Clerk Transmittal dated
10/3/94, R-94-56)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
C~UNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 23-29, 1994, AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
D. Mrs. Norma DamR
E. Mr. Robert Freeland
16. CITY ATTORNEY MATTERS
17. CITY MANAGER MATTERS
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND t"VIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
iN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
7
WHEREAS, Our Community has 8 bdntinuing sense of"
gratitude to those disabled veteran~ wh6 did sO much ~0 "~' ..
preserve the American way o£.~life~ and . '.
WHEREAS, Th~ D~eabled 'AJ/er~can Veterans have w6rked
exclu~ively for the ~elfare:'.of our disabled veterans~ and ,'!
WHEREAS, 'The GENE ~VANS CH~~ 34.O~ ~he DAv ha~ been,
established to Carry on.this work iB our-Com~uwity~ a~d
WHEREAS, The s Vice isablea
veterans and their familie~ i~ filiflg ~laims for government''
ben, fits and assists disabled Veterans with medical, .~' ..
employment and other problems; and '~ ' .
WHEREAS, The DAV 'meets emergency'~ituations which may'
arise in the family of a disabled veteran; and
WHEREAS, The DAY chose October 20 through October
1994, and December 15 through December 17, 1994 for it*s
annual Forget-Me-Not campaign in our community and has
announced that all funds collected will be used for
disabled veterans in the community~,'
"' NOW THEREFORE, I, Arthur Firtion, by virtue of the
authority vested in me as Mayor of the City Of Sebastian~
Florida, do hereby proclaim October 20 - 22, 1994 and
December 15 - 17, 1994 as Disabled American Veterans Forget-
Me-Not Days and urge the support Of all citizens and
organizations for these days. ,-,- ~.,....... ..
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Sebastian this 12th day of
October, 1994.
ATTEST:
..' .... krthur L. Firtion, Mayor
Kathryn M. O'Haiiora~, City Clerk
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~ttve, aqgresstve plant species ~nvadtnq~ou~h and .central peninsular ':.
Eori~ ~md ·' .'"" '~' ' '~' ~'~ C~,- ~ - ' · ~'~ '~'c~ .~:'''~.~ '." .'~. ':... · ·
· . . .... ... ~-~- .... .... .../.-...,,--. ~.,~':~ , 7 · .?... , '
~~s,' ~he e~an~ion 0f ~he ~Atiiia~ ~iP~e~".habitat"e.da.~ers .'" .
~tda s forests, uplands, an~ saltwat*~ ~.stEarte~"b~ out C0~pettnq
native mangroves and wetlands plantl,
. -. . . . ,.' ti:,f.
' ~ER~S, MangroVes and wetland
habitats for fish and shrimp, play an tmp6rta~;~rol~, in maintaining ·
the quality and economic value of.~c0aSt~l..'~at~rs~L.~' ~ill
shoreline erosion; and · ",.' :~ '. '7.. '~'?'~:.~ -'[:> :.[~:'fL';,[~ ' '-L-;.. ~.; ~!;, ~:' ' ":' ' ,
~ER~S, The estuaries of FlOrida".ara
th~ invastv~ BraZilian pepper, and . ,~: ..... ~ ~.~.:., .... ~ .... . ~ . .,.
· ' '":' ' · "~..,'~ -.~,~< ~ ...... .~ .. :i. ' ~' ·
~S, ~he Braztltah pepP~~ prbVtael',iittla' habtta~.hnd, n0' - ."{~ '
economic value, and · , '.' . -'
~S, ~ke a Difference 'Day will b. bbs.rved on Oc~Obe~ 22}" .. ,.
1994 nationvtde~ and .,- ;':',,.: ,,....'.~ ..'. .~ ' · '. :: ·
~EREAS, Every citizen of the city of, Sebastian.can~ make'a .':' '
dtif~ren~ in i~provtnq ~h~ ~nvlronm~nt by ~radi~tinq invasiv, ~xotic
Brazilian peppers; and . -.,.. ~.;.~..'..'~'.:,.~ ~.:~:.:;~'
~ER~S, Sebastian, The Nartn~:~es~UrCiS""e6U~*tl, and o~h~r '
oo~unity~rganizations have organiz~ i ~olu~t~er peppar Bu~t~ DaY.
NOW ~EREFORE, I, Arthur' Ftrtt0n;:'.b~' vlrtU~ o'f' iht authortt~ ' ' '
v~sted in ~e as Mayor of th~ City of l.basttan.: FlOrida, d0 ,hereby
proclaim October 22, 1994 as ~ BUS~RDAY and encourages all , .
citiz..s to tak~ part tn eradicating th. Brazilian Pepper to prot.ct.'
the natural beauty, economy and environment of th~ Indian River ....'
~goon. . ,.. . ,~ ',"
IN WI~ESS ~EOF, I have hereunto set my hahd and affixed the '
seal of the City of Sebastian this 12th day of .October, 1994. .
A~EST: ' ' ' ~' ' - ~.' '~ '..~' ~' ''~.
. '. ' ~.. '~...'~ .: A~t~6~ :}B~', ~trti0", "RaZor.' ',' '
· . :.~? , . ,..-.::
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
DATE:
TO:
FROM:
RE:
MEMORANDUM
October 10, 1994
City Council, City Manager, City Attorney and
Director of Community DeveloPment
Kathryn M. O'Halloran (~.0'~
City Clerk
Quasi-Judicial Hearing Procedures
In the event city Council adopts Resolution No. R-94-58,
establishing procedures for quasi-judicial hearings, those
procedures will be followed for the Captain Hiram's special use
permit hearing.
We have reduced some of the procedures, specifically the order of
presentation, to one page to assist you.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA FORM
SUBJECT: )
Resolution No. R-94-58 )
Quasi-Judicial Hearing Procedures )
)
)
)
~ov~ ~o~ $~~ ~: )
)
City Manager: ~0
._ )
!
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
Cit~ Attorney
~o/6/94
~0/~/94
R-94-58
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The City Attorney has requested that Resolution No. R-94-58 be
placed on this agenda and enacted prior to the quasi-judicial
hearing on Captain Hiram's special use permit request.
RECOMMENDED ~..~TION
Adopt Resolution No. R-94-58.
RESOLUTION NO. R-94-58
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO QUASI-JUDICIAL HEARINGS;
ESTABLISHING A PROCEDURE FOR QUASi-JUDICIAL HEARINGS;
SETTING OUT RULES; DESIGNATING THE CONTENTS OF THE
RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS;
PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian and the
City Council sitting as the Board of Adjustment conduct quasi-
judicial hearings for land use matters; and
WHEREAS, the City Council finds it is in the public interest
to adopt uniform procedures for such hearings; and
WHEREAS, the City Council desires to reduce to writing such
uniform procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. QUASI-JUDICIAL HEARINGS. The City Council or the
Board of Adjustment shall conduct its quasi-judicial hearings in
accordance with the procedures set out in this Resolution on
matters as follows:
(a) The rezoning of property which is limited to a
single parcel or a limited number of property
(b)
(c)
(d)
(e)
owners.
Subdivision plat approvals.
Site plans.
Variances.
Special use permits.
(f) Conditional use permits.
(g) Building permits.
(h) Any other land use decisions which require quasi-
judicial hearings.
S~CTIO~ Z. All quasi-judicial proceedings shall follow the
order of presentation as follows:
1. ODeninq the Meetinq. The Mayor or presiding City Council
member shall open the hearing and may outline the rules of
procedure for the public at the beginning of the hearing. The city
Clerk will administer an oath'to all witnesses who propose to
testify before the City Council.
2. Initial Presentation. City staff shall make the initial
presentation to the City Council regarding any item under
consideration. At the completion of the staff presentation,.
affected parties may ask questions of, or seek clarification from
the staff through the Mayor at this time.
3. ADDlicant's Presentation. After the staff presentation,
the applicant may make a presentation to the City Council. After
the presentation by the applicant, proponents of the item or
request shall be allowed to testify. The applicant shall have the
right to make an uninterrupted fifteen (15) minute presentation.
Proponents of the application may make a presentation of up to
three (3) minutes, unless a person represents an organization with
five (5) or more members or a group of five (5) or more persons,
such person may speak for ten (10) minutes.
2
4. ~nquiry of Applicants. After the applicant's
presentation the City Council shall have an opportunity to comment
and ask questions of, or seek clarification from the applicant.
City Council may allow staff to comment, ask questions of, or seek
clarification from the applicant at this time. Affected parties
may ask questions of or seek clarification from the applicant by
request through the Mayor at this time.
5. Opponent's Presentation. After the applicant's
presentation, opponents, if any, of any item or request shall be
allowed to present evidence. Affected parties who oppose the
application shall have the right to make an uninterrupted fifteen
(15) minute presentation. Opponents of the application may make a
presentation of up to three (3) minutes, unless a person represents
an organization with five (5) or more members or a group of five
(5) or more persons, such person may speak for ten (10) minutes.
6. Inquiry of Opponents. After the opponent's presentation,
the City Council shall have an opportunity to comment or ask
questions of or seek clarification from any opponent. The City
Council may allow the staff to comment, ask questions, or seek
clarification from opponents at this time. Affected parties may
ask questions ~f or seek clarification from the opponents through
the Mayor at this time.
7. Informational Testimony. Any member of the public who
wishes to present information or clarification on the matter may be
allowed to testify in matters where public comment is allowed. The
Mayor will open the public information period. A member of the
public may make a presentation of three (3) minutes, unless a
person represents an organization with five (5) or more members or
a group of five (5) or more persons, such person may speak for ten
(10) minutes. After the presentation of any informational
witnesses the City Council shall have the opportunity to comment or
ask questions of or seek clarification from informational
witnesses. The City Council may allow the staff to comment, ask
questions of, or seek clarification from informational witnesses at
this time. Affected parties
clarification from the public
through the Mayor at this time.
may ask questions of or seek
information witnesses by request
8. Closinq of Public Information Period: After the public
information period is closed, no additional public comments shall
be allowed except in response to questions by members of the City
Council.
9. Staff Response and Summarv: After the completion of the
informational testimony, the staff shall be allowed the opportunity
to respond to the presentation of the applicant, opponents, or the
informational witnesses for a period of ten (10) minutes. The
affected parties may ask for and be allowed an opportunity to point
out any errors of fact in the staff presentation.
10. Applicant's Rebuttal Presentation: The applicant shall
be allowed the opportunity to present rebuttal testimony for a
period of ten (10) minutes. Any affected party or staff who
believes that a rebuttal presentation includes any error of fact
may ask for and be allowed an opportunity to point out such error
of fact in the applicant's presentation.
11. Board and Staff Inquiry: If the staff, applicant and
opponents have made presentations as outlined above and the public
information portion of the hearing is closed, the City Council
shall have the final opportunity to comment and ask questions of
any applicant, opponent, or staff member.
12. Extension of Time: Any affected party who will be
prejudiced by the time limitation set out in this procedure may
request additional time from the City Council.
13. Affected Parties: The applicant and the City staff shall
be considered affected parties. An affected landowner who is
entitled to notice under any statute or City Ordinance shall be
considered an affected party if a request is made to the City
Council for such designation.
SECTION 3. EVIDENTIARY MATTERS:
(a) If a party objects to the introduction of any
evidence the Mayor shall rule on the objection to the admissibility
of the evidence. If any member of the City Council disagrees with
the Mayor's ruling on evidence the member shall so state and the
City Council ~hall affirm or overrule the Mayor's ruling on the
admissibility of any evidence.
(b) Notwithstanding any other provision herein the Mayor
or City Attorney may interrupt any presentation which discusses
matters which cannot be considered in deciding the matter before
the City Council for consideration.
5
(c) Any affected party shall have the right to cross
examine witnesses. Any presentations by counsel or representatives
of any affected party which is unsworn shall be considered argument
and not testimony.
(d) Persons addressing the City Council shall identify
any educational, occupational and other experience which they
possess which may be relevant to the matter under consideration.
SECTION 4. OATHS AND AFFIRMATIONS. Before .making factual
statements or factual representations at a quasi-judicial hearing,
each person shall declare the factual statements or factual
representations that the person will present before and to the City
Council are truthful and accurate by taking an oath or affirmation
in the form substantially similar to that provided in Schedule "A."
SECTION 5. REGISTRATION OF APPLICANTS OR OPPONENTS. Persons
who desire to make presentations on an application or item or
present information or make a comment on an application or item
must register with the City Clerk prior to the time in the meeting
at which such item is to be heard by City Council.
SECTION 6. THE RECORD. The record shall consist of items as
follows:
(a) *Ail city Ordinances, the Comprehensive Plan, its
Policies and all land development regulations.
(b) The application and supporting documents.
(c) Any staff recommendations and all staff
communication to City Council members 'on the pending matter.
6
(d) Any other written communication to the City Council,
if relevant.
SECTION 7. OFF THE RECORD INFORMATION. Oral or written
communication between members of the City Council or third parties
is prohibited unless it is made on the record. Any written ex
parte communication received by a City Council member concerning an
application shall be immediately furnished to the City Clerk and
shall not be read by any City Council member prior to the hearing.
SECTION 8. CONFLICT WITH RESOLUTION. 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 9. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
7
Do you swear or affirm that the factual statements and factual
representations which you are about to give or present before or to
this City Council during this public hearing will be truthful and
accurate?
SCHEDULE "A"
8
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: PUBLIC HEARING REGARDING
SPECIAL USE PERMIT FOR CAPTAIN
HIRAM'S MINIATURE GOLF COURSE.
Approval for Submittal By:
City Manager ~w~/
Agenda Nmuber:
Dept. Origin: Communigy Development
Date Submitted: 10/06~..94
For Agenda Of: 10/.~2/94
Exhibits:
1.Application for Special Use
Permit.
2. Proposed Site Layout.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
m At its regular workshop meeting of September 7, 1994, the City Council set
the public hearing-for a special use permit for Captain Hiram's proposed
miniature golf course.
I Pursuant to Section 20A-2.6 B of the Land Development Code, the City Council
shall not grant any special use permit under this section unless it shall
make findings based upon the evidence presented to it in each specific case
m that:l. The granting of the special use permit will not be detrimental to
the public safety, health or welfare, or be injurious to other
m properties or improvements within the immediate vicinity in which the
property is located; and
2. The use requested is consistent with the purpose and intent of the
respective district, and can be demonstrated to be similar in nature and
compatible with the uses allowed in such districts. ~
!
Special use permit
Captain Hiram' s
Page 2 ·
At its regular meet. ing of August 11, 1994, the Planning and Zoning Commissi~
held a public hearing and recommended approval of the special use permit for
Captain Hiram's minia.ture golf course.
The Planning and Zoning .Commission found that the proposed miniature gol~
course would not be detrimental to the public safety, health or welfare, or
be .in. jurious to other properties or improvements within the immediat!
vicinity, and the proposed use would be consistent with th.e. uses as permittel
in Sect.~on 20A-3.12 of the Land Development Code regarding General Marine
Commercial Zoning District.
If the special use permit is granted, the applicant still must submit a
detail site plan in acc. ordance with Article X of the Land Development Codel
At that time, the Planning and Zoning Commission can determine whether or no~
the proposed improvements will meet Section 20A-10.2 B, "Harmonious Overal]i
Design". _
RECOVERED ACTION
Hold the Public Hearing and determine whether or not to grant the special us
permit. ·
I
IPPLICATiON FOR SPECIAI~ USE'PERHIT
In accordance with Section 20A-2.6, Land Development Code, the
City Council may, in its sole discretion, grant a special use
permit in any district for a use which is not provided for in the
zoning regulations. All such uses shall not be otherwise
illegal, and shall not be specl£ically prohibited pursuant to the
comprehensive plan or other applicable law or regulations.
The City Council shall not grant any special use permit under
this section unless it shall make findings based upon the
evidence presented to it In each case that..
1)
2)
The granting of the permit will not be detrimental to the
public safety, health or welfare or be injurious to
other properties or improvements within the immediate
vicinity in which the property is located! and
The use requested is consistent with the purpose and
intent of the respective district, and can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district.
The fee for a special use permit is $150 (established by
Re~olution No. R-88-09). In addition the applicant must provide
the City Clerk's of£1ce with a list of the surrounding property
owners within a 200' radius o[ the subject property along with
tile appropriate certified return receipt mailing fee {currently
$2.29 for U.S. mailing).
NAME OF APPLICANT.. SEBASTIAN INI~T MARINA & TRADING CO.
ADDRESS OF APPLXCANTt 9301 N. A-1-A Hiqhway, Suite 4
Veto Beach, FL 32963
APPLICANT PHONE ti, (407) 589-8000
ADDRESS OF SUBJECT PROPERTY: 1606 N. Indian River Drive
Sebastian, FL 32958
LEGAL DESCRIPTION OF SUBJECT PROPERTY t
On File
~.ONIN~ OF SUBJECT PROPERTYt GMC
REASON FO~ 'REQUEST FOR SPECIAL USE PERMIT:.
To construct an 18-hole miniature golf course on approximately 20,000 Square
feet of land as shown on the attached site plan.
TgE BUILDIN~ OFFICIAL MAY R~QUIRE ADDITIONAL BACKUP INFORMATION
FOR CERTAIN REQUESTS
Sig~eture of Applicent
Date
b~specuse.app
City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 28, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. No invocation was given.
4. ROLL CALL
City Council
Staff Present:
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Airport/Golf Course Manager, John Van
Antwerp
Zoning Technician, Jan King
Deputy city Clerk, Sally Maio
Jr.
Regular City Council Meeting
September 28, 1994
Page Two
94.231
94.232
AGENDA MODIFICATIONS ~ ~ DELETIONSk -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
PROCLAMATIONS ~OR ~OUNCEMENTS
~ Housinq Week ~ 10/2/94 ~ ~ ~
Reguested by ~reasure Coast Builder's Assooiation
Mayor Firtion read and presented the proclamation to
Chip Landers, past Chapter Chairman.
Domestic Violenc9 Awareness Month - October 1994
- Requested by Safespace, Inc.
Mayor Firtion read the proclamation and directed the
City Clerk to mail it to Rae DelVecchio.
PUBLIC HEARING
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
t~ 'the podium and state his/her name and address for
the record prior to addressing the Council.
2
Regular City Council Meeting
September 28, 1994
Page Three
94.180 A.
RESOLUTION NO. R-94-48 - Special Assessment
Hearing - Riverfront Water Project (City Manager
Transmittal dated 9/22/94, R-94-48)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE
AREA EAST OF U.S. 1 TO INDIAN RIVER DRIVE RUNNING
FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN
BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR
BEFORE THE CITY COUNCIL AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATER
MAIN, AS TO THE COST THEREOF, AS TO THE MANNER AND
PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE
SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED
THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Firtion opened the public hearing at 7:10 p.m.
The City Attorney announced, in accordance with
Chapter 170 Florida Statutes, the statute requires
that at the time and place that was named in the
notice on special assessments, the Council was to meet
and first hear testimony from affected property
owners as to the propriety and advisability of making
the improvements and funding them with special
assessments. He said the statutes specifically require
testimony which means that the comments would have to
be under oath.
After the City Council finishes the hearing under the
statute then the City Council votes as to whether or
not they want to go forward and to levy the special
assessments. The City Council by its vote makes a
final decision at that time. After that decision is
m~de by the Council, if the Council decides to go
forward, then the Council conducts a public hearing
as a Board of Equalization and that is to hear the
complaints about specific assessments and to
determine whether or not the special assessments on
individual parcels are equal or should be adjusted.
He further stated the first resolution, R-94-48,
which is in the agenda folder, is the resolution City
Council adopted last time, so it would not be
adopting that resolution but simply be making a
decision whether or not to go forward. The second
3
Regular City Council Meeting
September 28, 1994
Page Four
resolution, Resolution R-94-53, is the resolution
that would be adopted if Council decided to, at the
end of the equalization hearing, as a final decision
to levy the specific assessments. The resolution
should have the equalization assessment roll attached
to it in its final form.
Mr. Oberbeck inquired whether, if the assessment is
in error, the City Council should conduct another
review once it is corrected.
The City Attorney said if there are errors they must
be corrected prior to adoption of Resolution No.
R-94-53.
The Finance Director said the assessment roll had
been revised for distribution to the City Council and
explained reasons for the adjustments.
The city Manager distributed the revised assessment
roll dated September 23, 1994 and gave a brief
presentation on the proposed assessment for the
Riverfront Water Project, stating that notice
requirements have been met.
Mayor Firtion read all names on the sign-up sheet,
whereupon those attendees stood and the City Clerk
swore them in.
David Underill, objected; Robert Wheeler, 933 Indian
River Drive, Sebastian, objected; Ernestine Park,
1651-11th Avenue, Vero Beach, objected and expressed
concerns for possible health problems with existing
water; Mary Heinicke, 705 Cleveland Street,
Sebastian, objected.
Allen French and Kurt Wallach were sworn in by the
C~ty Clerk.
Anna Loudermilk, 1919 U.S. l, Sebastian, objected;
Allen French, 925 Indian River Drive, Sebastian;
objected and inquired about mandatory hook-up; Kurt
Wallach, 256 Ocean Way, representing himself and
Citrus Bank, objected; Tom Collins, Captain Hiram's,
Sebastian, concurred and cited DCA compliance.
Charles Humphrey, David Dabroski, and Kathryn Timm
were sworn in by the City Clerk.
4
Regular City Council Meeting
September 28, 1994
Page Five
Charles Humphrey, Sebastian, objected and suggested
a vote of the affected parties; David Dabroski, 1532
Indian River Drive, Sebastian, objected to the manner
of assessment.
TAPE I - SIDE II (7:49 p.m.)
Mr. Dabroski continued; and Kathryn Timm, 1626 North
Central Avenue, Sebastian; objected.
The City Manager responded to concerns remarking he
is not aware of any health problems with current
water, that there will be no mandatory hook-up
requirement unless three certain conditions exist;
explained assessment methodology, the proposed
looping system, construction cost savings by
piggybacking the County contract, and the project
timeframe.
Mayor Firtion closed the public hearing at 7:56 p.m.
City Council discussion followed. Mr. Freeland
discussed development of a commercial tax base; Vice
Mayor Corum expressed concern for lack of future
water sources and public health issues; Mr. Oberbeck
said the project would be beneficial to the community
at large, that the assessment is equitable with
Highlands' properties previously assessed by the
County and noted that all citizens will be assessed
by the City eventually, expressed concern for
possible future public health problems, saltwater
intrusion, and need for increased fire protection;
Mrs. Damp discussed the need for commercial
development; and Mayor Firtion expressed concern for
public health issues.
The City Attorney reiterated procedures to be
f~llowed by City Council.
After conclusion of the testimony, the City Council
made a final decision to levy the special assessment
for the public water improvement for the Riverfront
Water Project.
MOTION by Corum/Damp
I make a motion for Council to move forward to
levy the special assessment to the Riverfront water
line property owners.
Regular City Council Meeting
September 28, 1994
Page Six
94.180
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
The City Attorney advised the City Council to
convene as the Board of Equalization and to hear
complaints about the special assessments. He said
some of the factors to consider are whether the
entire cost of the improvement has been
proportionately laid out against all property that
may be required to pay part of the improvement and
that the assessments are uniform so that the burden
on every parcel will bear a just proportion to that
proposed on every other parcel. If there are any
errors in the assessment roll, the public has an
opportunity at this junction to come forward and put
any complaints before the Council about the
assessment roll so that Council can equalize the
assessment roll.
8. SPECIAL MATTERS
RESOLUTION NO. R-94-53 - Special Assessment
Authorizinq Riverfront Water ~ect
(City Manager Transmittal dated 9/22/94, R-94-53
w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING A PROJECT FOR WATER MAIN
AND WATER EXTENSION LINES FOR THE AREA EAST OF U.S. 1
TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN
BOUNDARY TO ITS NORTHERN BOUNDARY; EQUALIZING,
APPROVING, CONFIRMING AND LEVYING SPECIAL ASSESSMENTS
O~ 'PROPERTY SPECIALLY BENEFITED BY THE PROJECT TO
PAY THE COSTS THEREOF; PROVIDING FOR THE PAYMENT AND
COLLECTION OF SPECIAL ASSESSMENTS BY THE METHOD
PROVIDED FOR BY CHAPTER 170, FLORIDA STATUTES;
PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Firtion opened the hearing of the Equalization
Board at 8:10 p.m.
6
Regular City Council Meeting
September 28, 1994
Page Seven
Ernestine Park, Vero Beach, inquired how property
owners will determine whether any errors exist.
The City Manager explained that the mathematical
computation is determined by the total amount of the
estimated cost divided by the actual square footage
in the project area to give per square foot assessed
value.
Scott Bell was sworn in by the City Clerk.
Scott Bell, 12875 North Indian River Drive,
Sebastian, inquired whether this can be put off an
additional month.
The City Manager stated the County's contract will
not be available in one month.
David Dabroski, suggested a possible bidding
process.
The City Manager responded that the City will
piggyback onto the County's current contract for
cost savings. Mr. Oberbeck said that information is
available to the public.
Mayor Firtion called recess at 8:19 p.m. and
reconvened the hearing at 8:35 p.m. Ail members were
present.
Allen French, 925 Indian River Drive, Sebastian,
inquired about Phase Ii of the water project.
The City Manager directed Mr. French to a map and
explained the County's looping process which will
include properties from U.S. 1 west to FEC and
explained why the project cost is not being pro-rated
tS'include those property owners.
Mr. Oberbeck reiterated that the average cost for
assessment is $1600.00 at this time.
The City Manager stated that, subsequent to a review
of several methods of assessment, square footage was
chosen as the most equitable method.
Regular City Council Meeting
September 28, 1994
Page Eight
The City Attorney advised that the next action for
Council to consider, if it elected to go forward, is
the adoption of Resolution No. R-94-53 and that the
final assessment roll as corrected would be the
appropriate exhibit to be referenced in the
Resolution.
The City Manager advised that it be the "final
preliminary assessment roll".
Mayor Firtion closed the public hearing at 8:42 p.m.
The city Attorney read Resolution No. R-94-53 by
title only.
MOTION by Damp/Oberbeck
I move that we adopt Resolution No. R-94-53 with
the approved method of assessment for the project
providing the water outlined in the provisions of
R-94-48.
The City Clerk inquired whether Mrs. Damp wished "to
include the preliminary roll"; the City Attorney
added "assessment roll"; and Mr. Freeland added
"revised September 23rd". Mrs. Damp concurred.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
INTRODUCTION OF NEW BUSINESS BY THE ~ (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Sal Neglia, 461 Georgia Boulevard, Sebastian,
reported on a blood drive sponsored by Sebastian
Property Owners at K-Mart on October 4th; and
suggested City welcome signs be left in place and
offered $25 to begin a fund to refurbish them.
8
Regular City Council Meeting
September 28, 1994
Page Nine
94.198
94.233
94.203
94.234
94.235
94.236
10.
CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
ae
Approval of Minutes - 9/14/94 Regular Meeting,
9/21/94 Special Meeting
Bid Award - Community Center Air Conditioner -
Palm Aire and Electric - $3,318.00 (Engineering
/Public Works Transmittal dated 9/16/94, Bid
Tabulation Form)
Ce
Waiver of Bidding Procedure - Police Department -
Below State Contract Price - Eighteen Ballistic
Vests - Lawmen's and Shooters Supply, Inc. of
Vero Beach - $442.70 Each - FY '95 (Chief of
Police Transmittal dated 9/19/94)
Utility Department Contract Mowing and Grounds
Maintenance - Reject Previous Bids and Rebid
Contract (Utilities Director Transmittal dated
9/19/94, Bidding Contractor List)
MGB Construction - Specimen Tree Removal Request
- One 21" Pine - Lot 7, Block 4, Unit 1,
Sebastian Highlands (Director of Community
Development Transmittal dated 9/21/94,
Application, Scrub Jay Approval Letter, Survey)
F. Manning Financial Group VP Meeting - Request
Community Center - 10/1/94 - 6 pm to 11 pm - A/B
' - DOB 11/17/54 - Security Paid (City Clerk
Transmittal dated 9/14/94, Application)
Pelican Island Art Group - Request Use of
Riverview Park - 11/12/94, 11/13/94, 2/11/95,
2/12/95, 3/18/95, 3/19/95 - Art Shows - Standard
Conditions (City Clerk Transmittal dated 9/20/94,
Searfoss Letter dated 9/2/94)
The City Manager read the consent agenda.
9
Regular city Council Meeting
September 28, 1994
Page Ten
TAPE II - SIDE I (8:47 p.m.)
Mrs. Damp removed D; Mr. Oberbeck removed A and B.
MOTION by Freeland/Oberbeck
I'd move that we approve items C, E, F and G on
the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
ITEM A - Minutes
Mr. Oberbeck noted a lack of second to a motion in
the 9/14/94 minutes, page 7.
MOTION by'Oberbeck/Damp
I would now move that we approve item A of
consent agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
ITEM ~ ~ Community Center A/C
Mr. Oberbeck inquired whether the EER, tonnage and
unit make have been investigated.
MQTiON by Damp/Freeland
I would move to postpone to the next regular
meeting to be put back on the consent agenda.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
10
Regular city Council Meeting
September 28, 1994
Page Eleven
94.021
11.
12.
13.
14.
ITEM D - Utility Site Mowinq ~
Mrs. Damp inquired about the discrepancy in acreage
in question. The City Manager stated that the
original bid included property the City did not
actually own and recommended rebidding.
MOTION by Damp/Oberbeck
I recommend that we approve the rejection of the
bids on the Utility Department item, item D of this
consent agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
PRESENTATIONS
None.
COMMITTEE REPORTS/RECOMMENDATIONS
None.
OLD BUSINESS
None.
NEW BUSINESS
A. ORDINANCE NO. O-94-10 - Trinity Lutheran Church -
Abandonment of Riqht-of-Wav (City Manager
Transmittal dated 9/15/94, O-94-10)
1st Reading, set Public Hearing 10/26/94
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ABANDONING A PORTION OF THE ROAD
RIGHT-OF-WAY OF SCHUMANN DRIVE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-94-10 by title
only.
11
Regular City Council Meeting
September 28, 1994
Page Twelve
94.237
MOTION by Corum/Freeland
I make a motion to accept the first reading of
Ordinance No. O-94-10 and set the public hearing for
October 26, 1994.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
SO~ NO. R-94-54 - Golf Cart ~aintenance
Contract A_~proval - Custom Carriaqes. Inc. -
$10,320 (City Manager Transmittal dated 9/22/94,
Bid Tabulation, Addendum, R-94-54)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE
PURPOSE OF PROVIDING CART MAINTENANCE SERVICES FOR
THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The city Attorney read Resolution No. R-94-54 by
title only.
MOTION by Oberbeck/Damp
I'll move to adopt Resolution No. R-94-54.
Mr. Freeland inquired about the Custom Carriage
letter (see attached) and the Golf Course Manager
responded.
MOTION and SECOND were withdrawn.
Following some discussion, the City Attorney advised
that the agreement be identified as "Exhibit A", and
advised that the July 25, 1994 letter be attached and
referred to in paragraph 2 as an amendment to the
contract, although, in light of ambiguities in the
letter, it was his preference that the item be
brought back to the next regular meeting to give him
time to revise the contract.
12
Regular City Council Meeting
September 28, 1994
Page Thirteen
MOTION by Freeland/Oberbeck
Move to postpone this item to the next regular
meeting.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
94.238
Ce
November/December 1994 City Council Meetinq
ScheduLe ~ Clerk Transmittal dated 9/19/94,..
MOTION by Freeland/Oberbeck
I'd move to adopt the schedules that are put
forth in this week's agenda for November and
December.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
15. CITY COUNCIL MATTERS
A. Mr. Robert Freeland
Mr. Freeland gave a definition for "crap".
B. Mr. Frank Oberbeck
Mr. Oberbeck said it was not his intent to delay the
a~r conditioner bid.
C. Mayor Arthur yirtion
Mayor Firtion said he was misquoted relative to the
welcome signs.
13
Regular City Council Meeting
September 28, 1994
Page Fourteen
16.
17.
D. vice-Mayor carolyn corum
vice Mayor Corum suggested a resolution be drafted
regarding the Yacht Club and Community Center and it
was noted one already exists; and said a resolution
should be drafted to negate building permit fee
waivers for certain groups.
Mr. Freeland concurred, Mr. Oberbeck disagreed.
The City Attorney advised that City Council not
discriminate on the basis of religion and should
adopt uniform rules.
Vice Mayor Corum reiterated her request for consensus
on not waiving building permit fees for any
organization.
Mrs. Damp and Mayor Firtion concurred, it was the
consensus of City Council to have a resolution
drafted.
Mayor Firtion said there is no provision for use of
the Council Chambers in the current facilities
resolution.
The City Attorney advised, that if city Council
wishes to stop use of the City Council by other than
governmental agencies, it is better practice to have
a resolution in this case. City Council concurred.
E. Mrs. Norma Damp
None.
CITY ~TTORNEY MATTERS
The City Attorney reported on the lawsuit against the
City and Director of Community Development, Bruce
Cooper, relative to Walmart and obtained City Council
concurrence to represent Mr. Cooper as agent for the
City.
CITY MANAGER MATTERS
None.
14
Regular city Council Meeting
September 28, 1994
Page Fifteen
18. Being no further business, Mayor Firtion adjourned
the meeting at 9:25 p.m.
Approved at the , 1994, City Council
Meeting.
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
15
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-94-55
Vacation of Easement - Richards
Lot 37, Block 293, Unit 11, SH
APPROVED FOR SUBMITTAL BY:
City Manager: ~,v~-%~Y
) Agenda No.
)
) Dept. Origin City Clerk
)
) Date Submitted 10/4194
)
) For Agenda Of ~0/12/94
)
) Exhibits: R-94-55
Application
Survey
No Objection Letters
EXPENDITURE
REQUIRED: N/A
AMOUNT APPROPRIATION
BUDGETED: N/A REQUIRED: N/A
.~_UMMARY STATEMENT
We have received a request for vacation of easement for Lot 37,
Block 293, Unit 11, Sebastian Highlands from Peter Richards. All
utilities and appropriate City departments have been notified and
have no objections. Their letters are included in your packet.
RECON[MENDED ACTION
Adopt Resolution No. R-94-55.
RESOLUTION NO. R-94-55
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTYv FLORIDA, VACATINGv ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTHWEST FIVE FEET OF THE SOUTHEAST
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF
LOT 37, BLOCK 293, SEBASTIAN HIGHLANDS UNIT 11,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Sectio~ 1- VACATION OF EASEMENT. The City of Sebastian,
Indian River County, Florida, does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The Northwest five feet of the Southeast twenty foot
Public Utility and Drainage Easement of Lot 37, Block
293, Sebastian Highlands Unit 11, according to the plat
thereof, recorded in PBI 7-56, of the Public Records of
Indian River County, Florida.
Section 2. REPEAL. Ail resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 3. RECORDING. This resolution shall be recorded in
the public re~ords of Indian River County, Florida.
Section 4. EFFECTIVE DATE. This resolution shall be in
full force and effect immediately upon its passage.
The foregoing Resolution was moved for adoption by
Councilmember
Councilmember
vote was as follows:
. The motion was seconded by
and, upon being put to a vote, the
City
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Francis J. Oberbeck
Councilmember Norma J. Damp
Councilmember Robert J. Freeland
The foregoing Resolution was duly passed and adopted by the
Council of Sebastian, Florida, this day of
, 19 .
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
.City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in Indian River County, Florida, to
take acknowledgements, personally appeared Arthur L. Firtion
and Kathryn M- O'Halloran known to me to be Mayor and City
Clerk respectively, and neither of them took an oath.
WITNESS my hand and seal in Indian River County, Florida, the
day of , 19 .
Linda M. Galley
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
Clifton A. McClelland, Jr., City Attorney
2
CITY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
IThls request shall no be accepted unless completed in full}
ADDRESS: C.~. -~o=~.~ ~ ~ ~-~$~e~.~ ~. ~.
TELEPHONE NO. ~-%%~ ~PE OF E~ITY:*
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
(Attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
TK e.,, no~' ~t ~e..~
TYPE OF EASEMENT:
APPROXIMATE SIZE OF EASEMENT: ~' feet in length ~o~ in width
PURPOSE FOR REQUEST TO VACATE:
(Explain in detail your need to release this easement)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement I request to vacate exists, or I sm authorized
to present this request to vacate by the owner of the real
rty. ·
Signed: (title, if any)
Please Print Name Here
Date ' ! '
Corporate Seal
Att,~h hereto the following:
(~ 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
( N/A )
(N/A)
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW TIIE EASEMENT CLEARLY ON D~AWING.
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner. ~ ~,e ~,~%~
( ) 4.
(N/A)
IF IT IS NECESSARY TO GRANT BACK ANOTIIER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF Tile NEW EASEMENT.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
office of the City Clerk. This application fee is not
refundable. The fee is 825.00.
( ) 6. OTHER
fii~ :/'b3~'f. app
Office of the City Clerk (~/
w
City of Sebastian
1225 MAIN STRE~ o SEB~T~N, PL~IDA
T~L~PHONE (407) 599-~30 = FAX (407) 589-~70
Septe~e 8, 1994 .
F.P.&L.
1698 N. Central Avenue
sabastian, Florida 32958
Dear S~r:
The City of Sebastian has been re~ested to grant approval for an
abandonme~ of ~e Northwest five (5) feet of
twenty (20) ~eet o~ Lot 37, ~look 293, Seb&s=i&n H£ghl~ds Unit
In oomplaance w£~ City of Sebastaa? Ordinance #0-?6-4, June 14,
1975, you must respo~ £n ~i~inq w~in fi~t..~ ,&y.,
Should you hay? any ~est~ons concernang th~s mat~er, please
andc°nta°t4=30mYp.M.°ff~ce a2 589-5330 between =he hours of ~:00 A.M.
Slnce~e!y yo~s,
K~hr~ [. O'Halloran, C~C/~
C~ty Clerk
Poal-lt"' brand fax transmittal memo 7671
City of Sebastian
September 8, 1994
P.?
L~TT~t
Jim Kiernen
.Southern Bell Telephone
3300 ~keechobee ~oad
Ft. Pzerce, Florida 34947
DGar Sir: ~ ~ C ~ ~-
The City of sebastian has been.requested to grant approval for an...-""
abandonment of the Northwest f~ve (5) fee~ of t~e Southeast
twenty (~0) ~eet o~ Lot 37, Block 293, Sebastian Highl&nds Uni:
11. A copy of the survey is attached for ,our informs=ion.
In compliance wit~ City ~£ Seb~stia? Ordin~nce ~0'?~-4, ~une 14,
1976, you must respond in writing wz=hin f~fteen days.
Should you have any q~eBtions concerning =his mat=er, please
a~d 4130 P.M.
S~ncerely yours,
Attachment
I
Cit ; of Sebastian
1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 I
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I
September 8, 1994 I
Ken Vickers
Falcon Cable I
P.O. Box 780249
Sebastian, Florida 32978
Dear Sir: I
The City of Sebastian has been.requested to grant approval for an
abandonment of the Northwest five (5) feet of the Southeast i
twenty (20) feet of Lot 37{ Block 293, Sebastian Highlands Unit
11. A c~py of ~he s~rvey is attached for your information.
In compliance with City of Sebastian Ordinance #0-76-4, June 14, I
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please I
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M. I
Sincerely yours,
I
Kathryn M. O'Halloran, CMC/AAE
City Clerk I
KOH:lmg
Attachment
( \wa- form/ aban-let )
DATE:
TO:
FROM:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
September 9, 1994
Kathryn M. O'Halloran
City Clerk
Linda Kinchen ~
Administrative Assitant
Easement Abandonment Lot 37, Block 293, Unit ll
The Engineering Department has no objection to the abandonment of
the Northwest five (5) feet of the Southeast twenty (20) feet of
Lot 37, Block 293, Sebastian Highlands Unit 11.
Should you have any questions concerning this matter, please feel
free to contact me.
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
September 8, 1994
Jerry Thomas
Assistant Public Works Driector
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the Northwest five (5) feet of the Southeast
twenty (20) feet of Lot 37, Block 293, Sebastian Highlands Unit
11. A copy of the survey is attached for your information.
In compliance with City of Sebastian ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Sincerely yours,
Kathryn . O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
(\ws-form/aban-let)
City of Sebastian
1225 MAIN STREET g FLORIDA
SEBASTIAN,
32958
TELEPHONE (407) 589~5330 a FAX (407) 589-5570
September 8, 1994
Richard Votapka
Sebastian Utilities Director
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the Northwest five (5) feet of the Southeast
twenty (20) feet of Lot 37, Block 293, Sebastian Highlands Unit
11. A copy of the survey is attached for your information.
In compliance with City of Seb~stia~ Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Sincerely yours,
Kathryn O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
(\ws-form/aban-let)
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589~5330 ~ FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Resolution No. R-94-57
Vacation of Easement - Sawyer
Lot 9, Block 264, Unit 10, SH
APPROVED FOR SUBMITTAL BY:
City Manager: ~
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
City Clerk
10/4/94
10/12/94
R-94-57
Application
Survey
No Objection Letters
Sawyer Authorization
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
~MMARY ~TATEMENT
We have received a request for vacation of easement for Lot 9,
Block 264, Unit 10, Sebastian Highlands from Bill Ballough for
Robert Sawyer. All utilities and appropriate City departments
have been notified and have no objections. Their letters and a
letter of authorization from Mr. Sawyer are included in your
packet.
RECOMMENDED ACTION
Adopt Resolution No. R-94-57.
RESOLUTION NO. R-94-57
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE SOUTHEAST FOUR FEET OF THE NORTHWEST
TWENTY FEET PUBLIC UTILITY AND DRAINAGE EASEMENT, OF
LOT 9, BLOCK 264, SEBASTIAN HIGHLANDS UNIT 10,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDa, that:
Section 1. VACATION OF EASEMENT. The City of Sebastian,
Indian River County, Florida, does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The Southeast four feet of the Northwest twenty foot
Public Utility and Drainage Easement of Lot 9, Block
264, Sebastian Highlands Unit 10, according to the plat
thereof, recorded in PBI 6-37B, of the Public Records
of Indian River County, Florida.
Section 2. REPEAL. All resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 3. RECORDING. This resolution shall be recorded in
the public records of Indian River County, Florida.
Section 4. EFFECTIVE DATE. This resolution shall be in
full force and effect immediately upon its passage.
The foregoing Resolution was moved for adoption by
Counci lmember
Councilmember
vote was as follows:
The motion was seconded by
and, upon being put to a vote, the
Mayor Arthur L. Firtion
Vice Mayor carolyn Corum
Councilmember Francis J. Oberbeck
Councilmember Norma J. Damp
Councilmember Robert J. Freeland
City
The foregoing Resolution was duly passed and adopted by the
Council of Sebastian, Florida, this day of
, 19 .
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in Indian River County, Florida, to
take acknowledgements, personally appeared Arthur L. Firtion
and Kathrvn M, O'Halloran known to me to be Mayor and City
Clerk respectively, and neither of them took an oath.
WITNESS my hand and seal in Indian River County, Florida, the
day of , 19 .
Linda M. Galley
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
Clifton A. McClelland, Jr., city Attorney
2
CITY OF SEBASTIAN
APPLICATION FOR VACATXON OF EASEHENT(S)
IThis request shall no>be acoe~ted un~ completed An fu11~
*Individual, corporation, etc. - If cor~ratton apply co~orate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
(Attach description on a~tachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
APPROXIMATE SIZE OF EASEMENT:__L~{~cO_Lfeet in length 4~ in width
m
m
m
m
m
m
m
(Explain in detail your need t6 release this easement)
I HEREBY CERTIFY that I, the Applicant, own the real prgperty on
which the easement I request to vacate exists, or I am authorized
to presegt this request to vacate by the owner of the real
proper y/ /_
Bigned:(tit16~ if ~ny) Date ~ -- mmm
~ }~ Corporate Seal
Please Print Name Here
tlh hereto the following:
. Map, plat, survey, or clear drawing at least 8 112" x 11"
showing the parcel of land on which the easement exists,
( N/A )
( N/A )
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW Tile EASEMENT CLEARLY ON DRAWINO.
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be'
placed on the lines provided above £or the description.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
( ) 4.
~/A ~
IF IT IS NECESSARY TO ~RANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASBMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office of the City Clerk. This application fee is not
N 55~g'40' ~ 80.00', ~.~,~
'" - .... ........
.............. ~ .... ~.~ .........
L ~O'~,D~ ~
- PROPOSED ONE J
STORY RESIDENCE J .
'
. 8.~'
~ /'. · ''' ~ /
110.00' P.
( $0' RIGHT-OF.WAy )
· .S 55039'40" W 80.00' . N.~L,N,
(80.OY M.) ,
ALBATROSS
LOT 10
BLOCK 264
( VACANT )
LEGAL DESCRIPTION:
LOT 9. BLOCK 264, SEBASTIAN HIGHLANDS UNIT I0. ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 PAGES 37 THRU
37 O OF THE PUBLIC RECORDS OF'~IDIAN RIVER COUNTY, FLORIDA
SURVEYOR'S NOTES:
h BEARINGS SHOWN ARE BASED ON THE CENTERLINE OF PARK
' AVENUE AS N 89°03'30· W AS PER PLAT.
2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS. RIGHTS OF
WAY AND/OR OWNERSHIP WERE FURNISHED TO Tiffs SURVEYOR
EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED.
3. THiS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND
FOUNDATIONS, ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT
AS SHOWN,
4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE 'X' PER
FLOOD iNSURANCE RATE MAP I2061C0076 E, DAT(D MAY 4, 1989
.5. ELEVATIONS BASED ON ASSUMED DATUM. ELEVATION OF SO.IX)
ASSUMED ON THE CF NTE RLiNE OF ALBATROSS I [ RRAC[
AHURI VIAIIONS:
P-PLAI M-MEASUR[I) t~,I/-RIGIII' OI '~//AY~-(.I NIl RI. IRE
A/C.AII( ('(1NDIEION ¢OV.4'OVi RI I) I S I ANI) MIICVI VOl(
O-U.L,'OVi,RI{EAD 1111111'Y LINE') L'ONL,-(.ON(RD
PIII*DI-I~llII I( I, IIII IIY h iU{AINA~,I I ^~,1 MI
PL$-PROFLSSit)NAt IANII SilRVI
PK-PARKt I{ KAl ON (Ill{AND NAME)
UOUNOAI(YSURVtYI)Atl AI'HII //, 1994
BOUNDARY SURVEY
LEGENO~
O · SET 5/8' IRON REBAR WITH PLASTIC CAP SI'AIdpED 'PLS 4896'
& - FOUND PK NAIL & 1-114' DISK
~ · SET PK NAIL ~' 1 · DISK
& - FOUND NAIL
CERTIFIE .O TO:
ROBERT C, ~ DENISE SAWYER
MGB CONSTRUCTION, iNC..
COMMONWEALTH LAND TITLE INSURANCE COMPANY
INDIAN RIVER FEDERAL SAVINGS BANK
PREPARED
THOMAS RANDALL CECRLE, PROFESSIONAL LAND SURVEYOR
10749 HIGHWAy U.S.1. SUITE A. SEBASTIAN, FLORIDA 3Z958
PHONE (4071 38B-0520
CERT;FI'ED CORRECT fo CHI ORS10I M~' KNE)'~LFDGE AND BELIEF IN
CONFORMITY ~/IYH THE MINIMUM 1'~CHNICAL 5;'~.NDARDS SET FORTH
BY THE FLORIDk B'bARD OF LAND SURVEYORS. PU~,SUANT 10 SEC'liON
472.027 OF THE FI;3RtDA ~TATtJFS AND/IHtt-I', Ar, TD CHAPTER 61G17
FLORIDA ADMINISTRAItVI COIH, lilts ~*III4VI v DS I~Ht.I'ARI;D AND
CERTIFIED FOR THL [ XC LI, ISIVE 1. J~.E
IIINiON. llll~ MIRVI Y IS Nlll
'~URVI. YOR~.AL 01 ,Ill
II lOMAS, IiANf)AI i ('l (,'1:1 {,
' ' I i
!
!
City of Sebastian ~~ ~~
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32~58
TELEPHONE (407)589-5330 [] FAX (407)589-5570
!
September 9, 1994
I
Ken Vickers
Falcon Cable I
P.O. Box 780249
Sebastian, Florida 32978
Dear Sir: I
The City of Sebastian has been requested to grant approval for an
abandonment of the Southeast four (4) feet of the Northwest ·
twenty (20) feet of Lot 9, Block 264, Sebastian Highlands Unit
10. A c~py of ~he survey is attached for your information. I
In compliance with City of Sebastian O~din~nce ~0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you hay? any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
a~d 4:30 P.M. I
SIncerely yours,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
FiLE #: 240·0920
Engineering Department
Southern Bell
Room 237
3300 Okeechobee Road
Fort Pierce, Florida 34947
407 468-5500
562-9901 & 283-0033
September 22, 1994
Kathryn M. O'Halloran, CMC/AAE
City Of Sebastian
1225 Main Street
Sebastian Florida 32958
RE:
PETITION TO ABANDOMENT/VACATE
Dear Ms. O'Halloran,
Southern Bell Telephone Company has no objection to the
abandonment of the utilitly easement R/W as described herein; of
the Southeast four (4) feet of the Northwest twenty (20) feet of
Lots 9, Block 264, Sebastian Highlands Unit 10.
If you have any questions please call M. R. Rosendahl,
5515.
Yours truly,
Specialist -OSP
MRR: ofm
(407) 468-
A BELLSOUTH Company
P~B 85 '8~ og:o4RM
TELEPHONE (407) ~.~330 = FAX (407)
Jim Kiernan
Southern Ball Telephone
3300 Okeechobee Road
F~. Pierce, Florida 3494~
Sebastian has been requelted to grant approval for an ~
The
City
abandonment of the Southeas= four (4) fa&= of ~he Nor~hwes=
twenty (20) feet of Lot 9, Bloc~ 264, Sebastian Highlands Unit
10. A copy of ~he survey is a~ached ~o~ your information, I
In oompliance with Ci=y of Sebas~ian Ordinance ~0-T/-&, June 14,
1976, you mus~ respond in writing within fifteen days. i
Should ~ou have any ~ueetions concerning this ma~er, please
oon=ac~ my of~ice a= 589-5330 beUween the hours of 8:00 A.M.
and 4:30 P.~.
Ka~hryn M. o,Halloran~ CMC/AAE
City Clerk i
KOHtlmg
(\ws-=orm/aban-let)
City of S. ebastian
1225 MAIN STREET g :~EBASTIAN, FLO
TELEPHONE (407) 589-5330 n FAX (40:
September 9, 1994
Lew Gilliland
F.P. & L.
1698 N. Central Avenue
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested
abandonment of the Southeast four (4) feet
twenty (20) feet of Lot 9, Block 264, Se
10. A copy of the survey is attached fo
In compliance with City of Sebastian Ord
1976, you must respond in writing within
Should you have a ~y questions concern
contact my office at 589-5330 between
and 4:30 P.M.
Sincerely yours,
SEBASTIAN, FLORIDA 32958
FAX (407) 589-5570
been requested to grant approval for an
of the Northwest
Sebastian Highlands Unit
for your information.
Ordinance $0-76-4, June 14,
fifteen days.
any questions concerning this matter, please
the hours of 8:00 A.M.
Kathryn O'Halloran, CMC/AAE
I City Clerk
I KOH:lmg
Attachment
I (\ws-form/aban-let)
I '
COI ,
DATE:
TO:
FROM:
RE:
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MEMORANDUM
September 12, 1994
Kathryn M. O'Halloran
City Clerk
Linda Kinchen/.~~
Administrative Assitant
Easement Abandonment Lot 9, Block 264, Unit 10
The Engineering Department has no objection to the abandonment of
the Southeast four (4) feet of the Northwest twenty (20) feet of
Lot 9, Block 264, Sebastian Highlands Unit 10.
Should you have any questions concerning this matter, please feel
free to contact me.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
September 9, 1994
Richar~ Votapk~ .
Sebastian Utilities Director
1225 Main Street
Sebastian, Florida 32958
Dear Sir: .
The City of Sebastian has been requested to grant approval for an
abandonment of the Southeast four (4) feet of the Northwest
twenty (20) feet of Lot 9, Block 264, Sebastian Highlands Unit
10. A copy of the survey is attached for your information.
in compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Sincerely yours,
Kathryn O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
(\ws-form/aban-let)
7 September 1994
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Lot 9 Blk 264 Sebastian Highlands
Dear Sir:
Please permit Mr. Willia~Ballough of ~ CONSTRUUriON, INC. to act on my
behalf in all matters relating to ~Lv request to have 4'x80' of easement
abandoned on ay property.
241 Providence Street
Woon, RI 02895
Witness: Sworn to and subscribed before ~e this '~ day of
_to 1994 by i~ ~rsonally
me. o
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: BID FOR POLICE DEPT.
HVAC REMEDIATION & QUALITY
ASSURANCE/QUALITY CONTROL PROGRAM
Approved For Submittal By:
City Manager ~L~/
Agenda Number: ~'/~..,
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
1.
2.
10/04/94
10/12/94
(BC)
Bid Tabulation Sheet
Bid Specification Package
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Staff has been directed to solicit bids for the removal and verification
of removal of all contaminants in the air intakes, air handlers, coils,
dampers, terminal units, diffusers, turning vanes and duct systems of the
Police Department air conditioning system.
Based on a preliminary estimation by one engineering firm, our estimated
costs for this service were expected to be in the $5,000 range. However,
as noted.on the bid tabulation, all bids far exceed this estimation.
Staff would therefore recommend the rejection of all bids and ask that the
bid specifications be reviewed for further clarification.
RECOMMENDED ACTION
Move to reject all bids for the Police Department HVAC Remediation and
Quality Assurance/Quality Control Program. Also, move to direct staff to
review and amend the bid specifications and to again solicit bids for this
project.
POLICE DEPT. HVAC REMEDIATION
& QUALITY ASSURANCE/QUALITY CONTROL PROGRAM
BID TABULATION
Bids Opened August 26, 1994, 2:00 p.m.
Contractor/Vendor Bid
Climatic Corporation $ 29,910.00
Airmax Service Corporation $ 42,600.00
NO OTHER BIDS WERE RECEIVED
City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
NOTICE OF INVITATION TO BID
SEALED BIDS FOR A FIXED PRICE TO CLEAN,
TREAT AND PAINT THE SUPPLY AND RETURN AIR
DUCTWORK, VAV BOXES, AND AIR HANDLING
UNIT CASING AT THE SEBASTIAN POLICE
STATION WILL BE ACCEPTED IN THE OFFICE OF
THE CiTY CLERK, CITY OF SEBASTIAN, 1225
MAIN STREET, SEBASTIAN FL 32958, UNTIL
2:00 P.M. ON FRIDAY, AUGUST 26, 1994.
BID ENVELOPES ARE TO BE MARKED AS FOLLOWS:
POLICE DEPT. HVAC REMEDIATION
AND QUALITY ASSURANCE/QUALITY CONTROL PROGRAM
THE CITY OF SEBASTIAN IS SOLICITING BIDS TO FURNISH ALL
LABOR, EQUIPMENT, MATERIALS AND SUPERVISION NECESSARY TO
PERFORM THE TECHNIQUES SPECIFICALLY REQUIRED FOR THE
LOCATION, REMOVAL AND VERIFICATION OF REMOVAL OF AGENTS
POTENTIALLY DELETERIOUS TO HUMAN HEALTH AND VISIBLE SURFACE
CONTAMINANTS, AND THE DECONTAMINATING AND UNCLOGGING OF AIR-
SIDE SURFACES OF ALL AIR INTAKES, AIR HANDLERS, COILS,
DAMPERS, TERMINAL UNITS, DIFFUSERS, TURNING VANES AND DUCT
SYSTEMS, AS SPECIFIED HEREIN, INCLUDING BUT NOT LIMITED TO,
ALL ADJUNCT COMPONENTS IN STRICT ACCORDANCE WITH THE
SPECIFICATIONS.
PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN
PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONE (407-
589-5330) FOR BIDDING DOCUMENTS AND SPECIFICATIONS.
PROSPECTIVE BIDDERS ARE ENCOURAGED TO MAKE A FIELD
INVESTIGATION OF THE PREMISES PRIOR TO SUBMITTING THEIR BIDS.
QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF
SEBASTIAN, BUILDING OFFICIAL, BRUCE COOPER. BIDS WILL BE
PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON FRIDAY, AUGUST
26, 1994 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY
RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
BY:
KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
PUBLISH:
VERO BEACH PRESS JOURNAL
WEDNESDAY, AUGUST 10, 1994
DATE:
TO:
RE:
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
GENERAL PROVISIONS
AUGUST 4, 1994
PROSPECTIVE BIDDERS
BID - POLICE DEPT. HVAC REMEDIATION
& QUALITY ASSURANCE/QUALITY CONTROL PROGRAM
Please use this form to respond to the subject bid request.
Submit your bid in a sealed envelope marked as follows:
POLICE DEPT. HVAC REMEDiATION
AND QUALITY ASSURANCE/QUALITY CONTROL PROGRAM
Your response must be submitted to the City Clerk's Office at
Sebastian City Hall, 1225 Main Street, Sebastian, FL 32958,
no later than 2:00 p.m. on Friday, August 26, 1994.
Contractor will furnish all labor, supervision, materials,
tools, equipment, permits, licenses, and proof of insurance
in order to complete the required job in accordance with the
attached specifications.
All bid proposals must contain the original signature of an
authorized representative. Proposals signed by an agent must
be accompanied by notarized evidence of such authority from
the firm so represented.
In addition to the "General Conditions", all bidders must
include a completed Request for Qualifications with
documentation attached, and "Schedule A" (hourly rate
information). Bidders are reminded to enter appropriate
information in the' blank spaces.
Typed entries are preferred, but hand-printed entries in a
permanent type ink are acceptable provided such entries are
legible and not subject to interpretation.
Page 2 August 4, 1994
No work shall be completed on HVAC mechanical systems while
they are still active, or while the space being served by
them is occupied or "inhabited". Due to the nature of this
facility, the building must be reoccupied within 48 hours
from evacuation for the commencement the work.
SCHEDULE:
If notified of the acceptance of this proposal within 30 days
of the time set for the opening of the bids, contractor
agrees to execute a contract for the specified work for the
stated compensation amount.
Commitment to complete within
given notice to proceed.
calendar days after
PUBLIC ENTITY CRIMES:
-Bidders shall'complete the attached sworn statement under
Section 287.133(3)(a), Florida Statutes, on Public Entity
Crimes and return with the bid.
EXCEPTIONS/CLARIFICATIONS:
Please note any exceptions, clarifications, and/or proposed
alternatives on separate sheet (s) of your letterhead and
attached to this form.
(proposer) will offer to the
City of Sebastian service as described in the specifications
providing HVAC remediation and providing a Quality
Assurance/Quality Control Program.
The proposer ~firms and declares:
That the proposer understands all requirements and will
comply with all the stipulations outlined in this
proposal package.
That the proposer is of lawful age and that. no other
person, firm or corporation has any interest in this
proposal or in the contract proposed to be entered into.
Page 3 August 4, 1994
That the proposer is not in arrears to the City of
Sebastian upon debt or contract and is not a defaulter,
as surety to otherwise, upon any obligation to Indian
River County. '~'
That upon signature of Proposer and upon execution of
contract, this bid proposal, its terms, conditions,
requirements, and specifications become a binding
contract between the Proposer and the City of Sebastian.
Having carefully examined the "MECHANICAL HVAC, DUCT
DECONTAMINATION OF POROUS AND NON-POROUS AIR CONVEYANCE
SYSTEMS", as well as the premises and the conditions
affecting.the work, the undersigned proposes to furnish
materials and labor for the entire job in accordance with
said documents as follows:
Total Bid $
Proposer Name:
Proposer Title:
Company Name:
Address:
Phone:
Authorized signature:
Date:
Fax:
REQUEST FOR QUALIFICATIONS
HVAC Remediafion and Quality Control/Quality Assurance (Q.A./Q.C.)
i..,.-...~:~ Re: Sebastian Police Department
-',, -' f:.:"i "_ -?
Contra~or Company:
Address:
City: Sfnfe:
Phone: , F.x~
Contractor's Aufl~orized Sig:mture:
Zip:
Proposer (~ ) Requlremen~:
The IAQ remediafion Contractor must supply documentafion of the following:
1. Generol Conditions - Signed by Bidder
2. Copy of OSHA hi-house Respiratory Protection Program 1910.134
3. Copy of OSHA In-house Cmffined Space Progrmn 1910.146
4. OSHA Hn77~rd Connnmficatlous Act Documents 1910.1200
5. Personnel list with experience and training history
6. Public Entity Crhne Section 287.133 Form
7. List of s~ffety equipment & checkout dates
8. Drug Free Workplace Program Section 287,087
9. List individual health protective measures
10. Copy of blank certificate typically provided for compliance with
Pnragraph 3,1.2 of Specificntions
11. List o£nll equipment & products to be used Io complete scope of work
12. Complete work experience Itistory of contractor
13. MSDS documents for all products
15. State of Florida Mechanical License Certificnte Liceuse No.
16. Contrnctor must imve a miuimmu of 2 years experience in bofl~
HVAC remediafion nnd Quality Control/Quality Assurnnce analysis
17. Contractor Ires experience iu both HVAC remedintion nnd Quality
Con~rol in a minimum of 50,000 ~unre feet single facility
18. l~ate structure (see attached Schedule A)
YES
NO
Omission of any documentation requested herein is due cause for disqualification of bidder.
(A)
·
·
·
·
·
0~)
·
·
·
RE: Sebastian Police Department
HVAC Remediation Q.A./Q.C.
(O
Schedule A
HOURLY RATE FOR Q.A./Q.C. P~SONNEL; Hourly Rate
Lead Supervisor/Project MMmger ........................................................................................
Ph.D. (Mycology/Microbiology) ................. : ........................................................................ $
HVAC T~chnicim~ ............................................................................................................... $
Professional Engineer (P.E.) ................................................................................................ $
IAQ/HVAC Specialist ........................................................................................................ $
· Clerical ............................................................................................................................... $
:'HOURLY RATE FOR HVAC REMEDIATION I~ERSONNEL
IAQ/HVAC Supervisor ....................................................................................................... $
Teclmician i ....................................................................................................................... $
TecluficJan II ...................................................................................................................... $
Note: Hourly rate for I-IVAC remediation to include all: Labor, nulterials, equipment to provide
professional remedifition services regarding HV^C remediation specification provided
including, but not limited to, per dietn, hotel costs, travel, etc.
RATE FOR O.A.~O.C. ANALYSIS..
Temperature aod relative huraidity ................................................................................... $
Microbial Analysis: (a) One Stage .................................................................................. $
Co) Two Stages ................................................................................ $
· Surface Tests: (a) Wet Mil ................................................................................... $
Co) Dry Mil .................................................................................... $
· Laser Diode Particle Couxtter (~ 0.3, 0.5, 0.7, 1.0, 2.0 aod 5.0 ndcrons ............................ $
· Fiber Optic hnaging (Photo§rflpl~.s Mid Video VHS) ......................................................... $
MECHANICAL HVAC, DUCT DECONTAMINATION OF POROUS
1.0
2.0
3.0
4.0
5.0
6.0
AND NON-POROUS AIR CONVEYANCE SYSTEMS
CONTRACT DOCUMENTS
SCOPE OF WORK
STANDARD GENERAL CONDITIONS
3.1 Qualifications of Bidders
3.2
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
Quality Assurance
Environmental Assurance
Past.Exper%ence
Certification and Insurance
Equipment/Products
Contract Performance
3.2.1
3.3.2
3.3.3
Work Schedule
Materials, Chemicals, and Equipment
Reporting of Conditions not previously Visible
PERFORMANCE OF WORK
4.1'
Baseline Conditions IAQ QA/QC
4.1.1 Environmental Conditions
4.1.2 Documentation
4.2
4.3
Methodology of Decontamination
4.2.1 Air Handler Remediation
4.2.2 Air Handler Insulation
4.2.3 Ductwork - Porous and Non-Porous
4.2.4 Exhaust Air System
4.2.5 Duct Access Doors/Port Openings
Anti-Microbial Treatment
4.4
Post Remediation IAQ QA/QC .
4.4.f' Environmental Conditions
4.4.2 Documentation
GLOSSARY & APPENDIX
PERFORMANCE BOND
1.0
1.1
1.2
1.3
¸2.0
CONTRACT DOCUMENTS
Documents include those documents
agreement. ~
set forth in
the lump sum
The intent of these documents is to include all labor,
materials, appliances and services of every kxnd necessary for
the proper execution of the work and the terms and conditions
of payment therefor.
The documents are to be considered as One, and whatever is
called'for by any one of the documents shall be as binding as
if called for ~y all.
The documents-include:
Reque$~ Fo~ Qualifications
Specifxcat~ons
Drawings Dated 4/24/92 AS-BUILT
The . bidding requirements, contractual conditions and
requirements of the subject project shall apply to work
hereunder, and in case of conflicts shall take precedence xf
duly noted and warranties are adjusted accordingly.
SCOPE OF WORK
Work required under this section shall consist of providing
all labor, equipment, materials and su~ervlsion necessary to
perform the techniques specifically required for the loca~lon,
removal and verxfication-of removal of agents potentxally
deleterious to human health and visible surface contaminants,
and the decontaminating and unclogging of air-side ~urfaces of
all air intakes, air handlers, coils, dampers, terminal units,
diffusers~ turning vanes .and duct systems~ as specified
~erein, including but not limited t?,. al% ad]unct components
· n strict accordance with these specmfxcatxons.
This scope of work shall include:
Clean, treat and ~aint the supply and return air ductwork,
VAV bo~es, and a~r handling unit casingat the Sebastian
River Police Station .
Mechanical HVAC & Ductwork Decontamination & QA/QC
page i
3.0 STANDARD GENERAL CONDITIONS
Bids shall be considered only from firms which are regularly
engaged in the environmental business with emphasis on HVAC
decontamination and/or ductwork remediation. '-~'
Bidders shall provide a complete package with the bid.
package shall include:
The
- Documentation for ~rug-Free Workplace compliance
OSHA Hazard Communications Program 1910.1200
- OSHA Confined Space Programs 1910.146
OSHa. ~n-house Respiratory Protection Program 1910.134
Training History of Contractor's employees
Medical Surveillance Programs
List of Safety Equipment and Checkout Dates
.Individual Health Protection Measures
MSDS documentation for a%l.products to be used .
Copy of a blank certificate typically, provided for
compliance with Paragraph 3.1.2.
List of all Equipment and products to be used to complete
the SCOPE of WORK.
- Comp%ere work experience .history of contractor as
requlred by Paragraph 3.1.3 inclusive of sub-paragraphs.
J Insurance certifications and State Licensing
certifications' to verify all requirements of Paragraph
3.1.4.
Omission of any documentation requested herein
for disqualification of Bidder.
A complete breakdown of
qualified bidders.
iimited to:
is due cause
bid pricing will be required from
This breakdown shall include, but not be
rate structure for labor
1. Remediation
2. QA/QC
3. QA/QC Analysis
equipment rental costs
laboratory fees
Schedule 'A attached to the RFQ shall be modified as per any
information the contractor wishes to include.
3.1 Qualification of Bidder
3.1.1
Quality Assurance
All decontgmlnation procedures shall be accomplished by an
indoor environmental ?ompany whose personnel hay? specialized
knowledge and expertise in the methods required for the
Mechanical HVAC & Ductwork Decontamination & QA/QC
page 2
removal and disposal of: agents potentially deleterious to
human health and visible surface contaminants; and bulk
materials which have been contaminated by such agents.
Provide 'Owner with a proactiv~ IAQ Remediation Quality
Assurance (Q.A.), Quality Control (Q.'C.) program to assure
remediation work is performed by a regimented standard. The
Contractor is to provide a designated person .who has the
training and has been given the respo.nsibility to take
necessary measures to assure compliance .with OSHA~s proposed
1910.1033 Indoor Air Quality Program.
The Contractor shall endeavor to provide a safe, healthful
· productive work environment for its employees by support½ng
maintenance of a Drug-Free Workplace as defined by the Florida
Drug-Free Workplace Act, 440.101 Florida Statutes, the Rules
of the State of Florida, Department of Health and
Rehabilitative Services, Chapter 10E-lS, Florida
Administrative Code, Drug-Free Workplace Standards, and the
Florida Department of Labor and .Employment Security pursuant
to the Rules of Workers~ Compensation Drug Testing, 38F-9.
Occupational Health and Safety Administration (OSHA) standards
must be complied with. These include, but may not be limited
to: the Personal Protection Equipment Program (PPE) 1910.132,
the Respiratory Protection Program (RPP) 1910.134, the
Confined Space Program (CSP) 1910.146, and the Hazard
Communications Program (HCP) 1910.1200. These programs must be
established. In order to perform remediation, documentation
for all of these programs must be submitted at the time of
Bid.
The Contractor shall assure that its employees have received
the necessary safety equipment training, .medical surveillance
programs, individual health protection measures, and
manufacturer's product and material safety data sheets (MSDS)
required for the work described by this Contract Document.
The Contrpctor shall maintain. 9 copy of all current MSDS
documentation and safety cert~flcations at the site at all
times, as well as comply with all other site documentation
requirements of the OSHA programs and this specification.
3.1.2'Environmemtal Assurance
The Contractor shall furnish
documentation guaranteeing all
were properly disposed of in
regulations.
the Owner with written
effluents and bulk materials
accordance with all applicable
Mechanical HVAC & Ductwork Decontamination & QA/QC
page 3
3.1.3 Past Experience . .
have'a.mlnlmum.of t~o (2) years experience
The
Contractor
must
in commercial HVAC MechanIcal'decontamination..Additionally,
the Contractor must.~ave experience with moder~ air sgmpling
techniques as outll~ed in ~a~agraph 4.1 inclusive of
sub-paragraphs, on a m~nimum facility of.50,O00 square feet.
The Contractor must supply documentation that his/her work
performance has been i~ accordance with.specifications, and
that the general techniques, as regards HEPA vacuums and the
application of the antimicro~ial product to the air handling
and duct systems were appropriate.
The Contractor must supply documentation that the
aforementioned techniques have been successfully performed on
a minimum of on? building 50,000 square feet in size or
larger. This pro]ect must have been cleaned with a greater
than 6000 CFM HEPA vacuum followed by an application of an
antimicrobial product to the air handling and duct systems of
s~idJob.
L%st and give a brief description of similar work completed
with locatlons, names, phone numbers 9nd add~ess of each
project. Proof of experience, to be submItted w~th bid, must
include company names and contact numbers.
List o~ personnel and their experience and projects performed.
3.1.4 Certification and Insurance . .
The Contractor is required to be a ~tate Licensed MechanIcal
as required by the Florida Contractors Industry
Contractor
License Board (FCILB) Rule Chapter 489 F.S. Parts II and III.
.
Contractor shall provide insurance as follows.
- Workman's Compensation current
- General Liablllty
- Special.Chemical or Hazard Riders (as required by
materials being used)
- Auto Liability
Damage to Owner's Property
Contractor shall also provide a statement on Public Entity
Crimes according to Florida Statutes Section 287.133(3)(a).
3.1.5 Equipment/Products
Minimum HVAC Remediation equipment requirements are as
follows:
Mechanical HVAC & Ductwork Decontamination & QA/QC
page
4
3.2
I
A. Duct cleaning - Indoor portable, HEPA filtered negative
vacuum system at.4,000 ~o 6(000 CFM. HEPA filtered vacuum
shall be fitted with m~nlhellc, "Inch~s of water gauge," to I
insure proper negative pressure is'maintained, thus
preventing escape of debris removed during'"the cleaning
process into the adjacent sp~ces~ I
B. Surface cleaning ~ portab%e HEPA Vacs to be rated at a
minimum of 150 CFM at .3 microns.
C. Vacuum systems shall be HEPA filtered ~nd designed with an I
air tight "safety lined" cabinet.
D. Efficiency of MEPA vacuum filtration is tO meet a minimum I
of 99.97% at .3 = microns, as tested by MIL-STD-282.
E. Duct brushes, may vary in ~ize from 8" to 18" and shall be ·
designed of light nylon brIstles.
F. Portable air compressor is to be rated at 150 to 200 PSI
and 15 to 17 CFM. I
G. PressUre washer is ho be rated at 1000 PSI, 2.2 GPM at 1.5
H.P., single phase.
H. Antimicrobial applicator to be designed at' a minimum I
operating pressure of 0-3000 'PSI, .4 GPM output at tip size
of .019". i
The term antimicrobial product, used in the following
specifications, refers to an antimicrobial formulation ·
developed, tested and registered for HVAC ductwork and air
I
handler applications. The antimicrobial 'shall be an EPA
registered non-toxic, water soluble solution with supporting
efficacy and MSDS data. Application of the antimicrobial
product shall be in accordance with the manufacturer's minimum ·
millage surface application rate standards for effectiveness
and all other criteria of the MSDS documentation.
Contract Performance I
3.2.1
Work Schedule
SinCe no--~ork sha~l be completed on HVAC mechanical systems
while they are actlve~ or while the space being served by them
is occupied or "inhabited", all work shall be completed during
hours as coordinated with the Owner.
The Contractor shall prepare a schedule of the work to be done
by zones/systems. Schedule shall include an estimate of time
required to complete the work in each zone.
Schedule shall
chemicals used.
include time for proper "curing" of any
Mechanical HVAC & Ductwork Decontamination & QA/QC
page
5
Caution~! Reoccupancy shall not occur in a time span when
odors of chemicals would still be readily noticeable - even if
it is a safe practice.
The Contractor shall submit the remediation schedule to the
Owner for their coordination with facility management.
The Contractor shall provide daily progress reports to the
following people. Reports shall be sent v~a facsimile to each
of these personnel by 10=00 a.m. daily.
1. Facilities Management Fax: (407) 589--55~u
Bruce C~oper
Any Situation which requires immediate attentlon-sha11 not be
included, in the daily progress report-but shall be personally
discussed by the Contractor's supervisory personnel with Bruce
Cooper 407-589-5537 prior to the Contractor leaving the site.
Information shall not be discussed with any other personnel
without the Owner's express authorization.
Once the schedule is agreed' on, all s~stems shall be back on
line apd operating at full' capacity, and all areas
decontaminated and ready ~or occupancy by the normal
personnel, no later than the time indicated on the schedule.
The Owner will not schedule conflicting maintenance of an
area, during a shut' down period, unless i~ is properly
coordinated with the Contractor; to not interrupt the
Contractor's work, or be a safety hazard for personnel of
either the Contractor or the Owner.
3.2.2 Materials, Chemicals, and Equipment
The Contractor shall use materials, chemicals and equipment
which are specified herein a~d pre-approved by the Owner or
his representative. .Ail chemicals to be EPA registered for
the specific application.
The Contractor shall decontaminate all components of herein
contracted air transport systems (i.e. sheet metal ducts, air
handlers~ .~maso~ry, e~c.): Decontamination will ~roperly
remove lint, hair, fungi, dirt and other foreign materxals and
residues.
The decontamination procedures shall be accomplished by the
use of specialized equipment, i.e., high vacuum system
utilizing HEPA filters, high pressure washers, duct brushes,
etc., as required. (See Equipment Specifications, Paragraph
3.1.5)
Mechanical HVAC & Ductwork Decontamination & QA/QC
page
3.2.3
4.0
4.1
4.1.1
4.1.2
Special care shall be taken during decontamination to prevent
high .levels of m%crobia% contaminants from becoming airborne
and disseminated into ad3acent areas..
The Contractor shall, during decontamination "~nd any other
process requiring such, mainta£~ certified respirators, safety
~la~se?. and c~ot~ing_ .according to the OSHA Respiratory
mro=ec=lon Standard 29 CFR-1910.134, and OSHA Confined Space
Program Standard 29-CFR-1910.146, and maintain compliance with
all OSHA Hazard Communication Program 191q.1200 requirements.
Reporting of ConditIons-- not Previously Visible
The Contractor shall report, all damaged Or deteriorati~g
ductwork and/or air handler insulation to the Owner for his
inspection and decision as to remediation or removal and
replacement.
PERFORMANCE OF ~ORK . .
Baseline C°nditlons IAQ QA/QC
Testing shall be limited to the tests specified' herein, and
the specific zone/air handling system to be remedlate~. No
other area~ shall be tested or other tests conducted, without
the.authorization of the Owner.
Environmental Cond~tions '
Testing of the exlst%ng HVAC parameters shall be done in each
zone/air handling unit system area prior to any remediation
work, in that area.
Testing shall include: (minimum)
List Outdoor
Temperatures Drybulb x
Temperatures Wetbulb x
Carbon Dioxide (C02) x
Indoor
(OccuDied SDace)
x
x
x
IAQ/HVAC Fiber Optic Imag%ng to be provided both before and
after mechanical remediat~on. Both the "before" video tape
and. stil~.-photos shall be available to the Owner before
remediati?n. I%Q/HVAC Fiber optic Imaging is to be completed
using digital s~gnal processing color imaging with Xenon fiber
o?tic lightigg utilizing a high resolution medical monitor
with Intravlsion phot?grgphy and. VHS video capabilities
before and after remedlatlon. Optionally, a narrated and
edited tape to be provided to the Owner.
Documentation
Mechanical HVAC & Ductwork Decontamination & QA/QC
page
Provide Owner with QA/QC Report, including: IAQ Fiber Optic
Imaging video; p~otographs and report of degraded areas of
HVAC system; Environmental conditions results by zone/system
area; Microbial QA/QC results; and air flow .... and pressure
differential results.
4.2 Methodology of Decontamination
'4.2.1 Air Handlers Remediation
The system to be decontaminated ~hall be completely isolated
from other areas and systems. Thls includes sealing off any
by-pass duct work or outside air ductwork thatconnects to any
other system.
Air handler and a~y other fan connected to the system shall be
shut down and.subjected to "lockout/ta~ou?' protocols, by the
Contractor prior to the Contractor beginning work.
The Contracto~ shall insure, the supply and return fans or
blowers relating to the air handler zone are thoroughly
sanitized. Areas decontaminated shall include; blowers, fan
housings, blades, vanes, shafts, baffles, and drive
assemblies.
Any surface contamination deposits shall be removed by washing
with pressurized spray followed bY a treatment with
Oxine to thoroughly sanitize the substrate.
Any items within the air handler Units subject to damage by
the decontaminatio9 p~ocess, shall be properly protected
during the decontamination process.
The interior insulation,
be decontaminated.
frame-work and metal surfaces, shall
The Contractor shall remove contamination from all cooling
coils, coils shall be thoroughly decontaminated on all
exterior surfaces i.e., both upstream and downstream. Coils
shall be thoroughly rinsed to remove latent residues.
Coils may be decontaminated with a nontoxic, alkaline coil
cleaner ( "Alathane"or equal ) and must be properly rinsed and
flushed a~t~r decontamination.
Procedure for. coil cleaning:
1. Cold and/or hot water operated electric pressure washer -
220 or 120 volts
2. From 6" to 12" evaporator coils use 1200 PSI using a 15o
to 60o nozzle. (Do not use solid stream nozzle)
3. ~?ply de,teaser solution to coils
4. Rinse COllS
5. Apply alkaline coil cleaner to all surface sides of coil
Mechanical HVAC & Ductwork Decontamination & QA/QC
page
8
4°2.2
!
Inject coil cleaner at 1500 PSI using 1/10 solution to -
water
7. Rins? until visibly clean
8. Provide PH test to water before and after decontamination,
PH should be no greater than seven '(7) after..cleaning
9. Apply disinfectant or antimicrobial solution to coils
New filters, (pleated "Farr" 3030 or equal), shall be
installed in the decontaminated system prior to its return to
operation..
Air Handler Insulation
If exposed, degraded or contaminated insulation in air
handlers and/or ductwork requires replacement.
4.2.3
Choices Are:
1. Armaflex lot equivalent) 1" nominal wall insulation to
conform with ASTM E-84 test procedure shall be used as
replacement. Such material is in conformance with maximum
25 flame-spread and maximum 50 smoke development.
2. Fiberglass liner equivalent to original insulation in
thickness, type and R-value.
Ductwork Remediation - Porous and Non-Porous
The Contractor sh911 decontaminate all component? of air I
transport 'system (1.e. sheet metal ducts, rigid flberglgss
ductboard, flexduct, masonry, etc.) Decontamination w~ll
properly remove lint, hair, fungi, dirt and other foreign
materials and residues.
I
The Contractor shall be responsible for unclogging and
thoroughly decontaminating HVAC duct system components ·
including;'reheat coils, supply registers, dampers, VAV boxes,
turning vanes, etc., fouled by dust and other contaminants.
The Contractor shall insure that all damper and splitter
dampers are marked to identify the. original position before
commencing work. Ail components w~ll be returned to their
original setting on completion of the decontaminating process.
Manually %Perated dampers shall be firmly reset in their
original position after decontaminating.
Dampers requiring.repair or replacement shall be brought to
the Owner s attention.
Return
returns are used in the subject HVAC systems.
above ceilings and utility chases .used for return
shall not be decontaminated unless requested
handled as an additional work order.
air duct is to be cleaned and decontaminated if duct
O~en Plenums
alt purposes
and will be
Mechanical HVAC & Ductwork Decontamination & QA/QC
page 9
Provide Owner with QA/QC Report, including: IAQ Fiber Optic
Imaging video; photographs and.r~port of degraded areas of
HVAC Environmental results by zone/system
syBtem;
con~ltlons
area; Microbial QA/QC results, and air flow .... and pressure
differential results.
Methodology of Dec~ntamination
Air Handlers Remedlation
from other areas and systems.. Thms includes sealzng off any
by-pass duct work or outside amr ductwork that.connects to any
other system.
Air handler and any other fan connected to the system shall be
shut down.and subjected to "lockout/tagout~' protocols, by the
Contractor prior to the Contractor beginning work.
The Contractor shall insure the supply and return fans or
blowers '-relating to ~he air handler zone are thoroughly
sanitized. Areas decontaminated shall include; blowers, fan
housings, blades, vanes, shafts, baffles, and drive
.assemblies.
Any surface co~taminationdepostts shall.be removed by washing
· with pressurized spray followed by a treatment with
Oxine to thoroughly sanitize the substrate.
-
Any items within the air handler units subject to damage by
the decontaminatio~ process, . shall be properly protected
during the decontamxnation process.
-
The interior insulation, frame-work and metal surfaces, shall
be decontaminated.
The Contractor shallremove contamination from all cooling
coils. Coils shall be thoroughly decontaminated on all
exterior surfaces i.e., both upstream and downstream. Coils
shall be thoroughly rinsed to remove latent residues.
_
Coils- may be decontaminated with a nontoxic, alkaline coil
cleaner ( "Alathane"or equal ) and must be properly rinsed and
flushed a~t~r decontamination.
Procedure for. ¢oil cleaning:
1. Cold and/or hot water operated electric pressure washer -
220 or 120 volts
2. From 6tt to 12" evaporator coils use 1200 PSI using a 15o
to 60o nozzle. (Do not use solid stream nozzle)
Apply degreaser solution to coils
~ Rinse coils
5. Apply alkaline coil cleaner to all surface sides of coil
Mechanical HVAC & Ductwork Decontamination & QA/QC
page
8
4.2.2
4.2.3
6. In~ect coil cleaner at 1500 PSI using 1/10 solution to
wa~e~ .
7. Rinse until visibly clean '
8. ~o~ide PH test to water before and after decontamination,
9. ~no~%d.b~ no greater than seven '(7) after~:leaning
Apply alsan=ectant or antimicrobtal solution to coils
New filters, leated ',Farr~ n~ ~m,~ .~.~ ~.
...... (P 3030 __ __~___,, ..... ~ ~
ans=a~%eu an the decontaminated system prior to its return to
opera=ach. '
Air Handler Insulation
If exposed, degraded or contaminated insulation in air
handlers and/or ductwork requires replacement.
· . Arm~.flex ~or equivalent) 1" nominal wall insulation to
con~orm wath ASTM E-84.tes~ procedure shall be used as
replacement. Such materaal as in conformance with maximum
25 flame-spread .and maximum 50 smoke development.
2. Fiberglass liner e~q~_~valent- to original Insulation in
thickness, type and R value.
DuctworkRemediation - Porous and Non-Porous
The Contractor shall decontaminate all components of air
transport 'system (i.e. sheet metal ducts, rlgld fiberg19ss
ductboard, flexduct, masonry, etc.) .Decontamination w111
properly remove %iht, hair, fungi, dart and other foreign
materials and residues'.
The contractor shalI be responsible' for unclogging and
9honorably. 9ec?nta~nating HVAC duct system components
including; renea= coa~s, supply registers, dampers, VAV boxes,
turning vanes, etc., fouled by dust and other contaminants.
.The Contractor shall %nsurethat all damper and splitter
~ampers are marked to identify the. original position before
commencing work. All components will be returned to their
original ~etting on completion of the decontamlnatang process.
Manually' %~er~ted dampers shalI b~ firmly reset in their
original position after decontaminating.
theDamperSow~er:srequiringattention.repair or replacement shall be brought to
Return a~r duct is to be cleaned and decontaminated if duct
r~turns .~e used_ i~.~? sub]ect HVAC systems. Open Plenums
above ceilings aha u=~=y chases .used for return air purposes
shall not be d~contaminated unless requested and w~ll be
handled as an additional work order.
Mechanical HVAC & Ductwork Decontamination & QA/QC
page 9
The Contractor shall remove and wash all'terminals, grilles
and diffusers with a nontoxic, disinfecting solution.
Prior 'to '~einsta%ling terminals they shall be t~eated with a
bound antlmicroblal product, according to Paragraph 4.3
inclusive.
4.2.4 Exhaust Air System
Exhaust fans and ducts are to be decontaminated, according to
these same specifications as noted in Paragraph 4.2.3.
4.2.5 Duct Access Doors/Port Openings
The Contractor shall provide and install access openings into
the ductwork at variogs points, to permit ~hys%cal and.
mechanical entry as required for p~oper d~contamlnat}on. The
accesses~ shall be provided at various points and ad]acent to
the in-line components, 1.e, turning vanes, dampers, etc.,
that tend to entrap contaminants.
Duct access sha1% .be furnished and installed by the
Contractor. Sufficient access openings must be provided to
allow access to the ductwork 'at maximum intervals of
twenty-five (25) feet.
Sheet metal doors shall be installed at all access openings.
The doors shall be eighteen (18) gauge metal with 1/2 inch
insulation on the inside. Door edges shall be twice turned in
1/2 inch over the insulation. Doors shall have a hand-type
latch designed to tightly secure them and prevent air leakage
yet permit re-access at future times.
Doors shall be marked with fluorescent color paint for easy
identification.
4.3 Antlmlcrobial Treatment
Antimicrobial treatment shall be provided for both the air
handlers and the ductwork systems.
Once modifications and decontaminating have been accomplished,
the Contractor ~hall appl~ Port~r?ept $3809 or ~3830, an ~PA
registered-polyvln¥1 acryllc.antlmlcrobial solution contaiglng
Intercept and designed spec~fica11~ for ductwork appllcat~on,
to all air side surfaces of the air conveyance system. Type
of Portercept product to be determined by Owner and Contractor
before application.
The antimiCrobial product shall be sprayed directly onto the
air 'side surface of the ductwork system using a
paint .sprayer with a reversible orifice nozzle with 3/11,
3/13, or 3/17 nozzle rated at 2000 PSI. It shall not be
sprayed from a distance of more than 30" (not fogged). Fumes
Mechanical HVAC & Ductwork Decontamination & QA/QC
page 10
4.4
4.4~1
4.4.2
5.0
resulting from the antimicrobial treatment shall be contained
within, the enclosed system using a negative pressure of
approximately .8" WG within the ductwork being painted. All ~
fumes shall be exhausted to the outside of the building.
The contractor shall record negative pressure levels of ·
ductwork system and air handling equipment.
Provide' proof of application of antimicrobial product using
both wet film agd dry film'thickness gauges, aocordln~ to
Porter Paints' dlrect½ons. Dry gauge analysis to be p~ovlded
using digital probe wzth a range of between 1 and 60 mils and
up to 1500 microns.
Post Remediatlon IAQ QA/QC
All QA/QC'requirements, procedures,
inclusive, shall be completed for
analysis.
In addition, the following will
post-remediation QA/QC.
'Same as 4.1~1
Documentation
Provide Owner With
a QA/QC Report
etc. of.Paragraph 4.1
post-remedzation quality
be required to complete the
including:
Remediation
Progress. Report summary, a compilation of daily progress
reports of work performed, all correspondence during
remediation, HVAC parameter study, bioaerosol and bulk
analysis, Laser Diode Particulate' analYSis, IAQ/HVAC Fiber
Optic Imaging, differential pressur? readings( surface vacuum
test (PA~VT) ~esults, wet an~ dry thickness (millage) analysis
of antimlcrob~c coating applIcations, and documentation of any
deficiencies. Provide Owner with' compliance records of the
above mentioned after the completion of each air handler and
associated duotwork remediation project.
This QA/gC analysis 'is to be provided to the Owner for
verification of all air conveyance system's decontamination
for all porous and nonporous materials.
GLOSSARY ~.APPENDIX
Definition of specific terms used in this document shall be as
follows:
Air Conveyan=e System (ACS): is any interior surface of a
building's air distribution
system for conditioned spa?es
and/or an occupied zone. This includes the entire air moving
system from the point air enters the system to the points air
is discharged from the system. The return airct grilles,
return air ducts (except for ceiling plenums) the air
handling unit (AHU), the interior surface of the AHU, mixing
Mechanical HVAC & Ductwork Decontamination '& QA/QC
page 11
i box, coil compartment, condensate drain pans, humidifiers,
supply airducts, fans, fan'housings, fan blades, air wash
I systems,' spray eliminators,''turning vanes, filters, ~ilter
housing,'reheat coils, and supply diffusers are all considered
part of the ACS.
I Coils: Devices inside the ACS which temper and/or dehumidify
the air handled by the ACS. These inciude heat exchangers,
with or without extended surfaces, through which either water,
ethylene glycol solution, brine, volatile refrigerant, or
I steam is circulated for the purpose of total co~ling (sensible
c0oling plus latent cooling) or sensible heating or a forced
circulation air steam.
I
I
I
I
I
I
I
i.
I
I
I
Consultant: As referred to in this document means an IAQ
consulting firm and/or their designee.
Contractor: As referred to in this document means the
licensed entity approved to perform this work.
Debris: Any solid material in the ACS, ·including particulate
substances, not intended to be present.
Ductw°rk: A syste~ of passageways for intake, distribution,
and extraction of air.
Fan: A power driven machine, which moves a volume of air by
converting, rotational mechanIcal energy to an increase in the
total pressure of the moving air.
Mechanical Decontaminating: Physical 'removal of debris and
other foreign matter from ACS surfaces.
MSDS: Material Safety Data Sheet
Non-Porous: Any surface of the ACS in contact with the air
stream which cannot be permeated by air. This would exclude
materials such as woods, fiberboard, thermal insulation, and
concrete.
Owner - Owner's Representative:
Name: Bruce Cooper
Address:'~l~25 Main Street
City: SEBASTIAN
Phone: 407-589-5537
State: Florida Zip: 32958
Fax: 407-589- 557.0`
Quality. Assurance/Quality Control (QA/QC): An internal
measure of HVAC system efficacy following remediation of HVAC
components.
Mechanical HVAC & Ductwork Decontamination & QA/QC
page
12
Visibly Decontaminated: A visible inspection
determination that portions or components are both
a. Free of debris
b. Capable of meeting the decontaminating
'werification using verification using NIOSH 600
"/duct vacuum sampling protocol. "~:~
6.0
PERFORMANCE BOND
Following notification of acceptance of submitted bid
by the City of sebastian, contractor must provide the
City with a performance bond or other acceptable
surety bond in the amount of the bid, prior to
commencement .of work. '
Mechanical HVAC & Ductwork Decontamination & QA/QC page 13
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: Community Center
air conditioning
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
ENG/PW
09-16-94
09-28-94
Exhibits: Bid Tabulation
EXPENDITURE
REQUIRED:
$3,318.
AMOUNT APPROPRIATION
BUDGETED: $ 10,000 REQUIRED: $000
SUMMARY STATEMENT
The City of Sebastian received two bids for the Community Center
Air Conditioning and Palm Aire and Electric was the low bidder
for $3,318. The budgeted amount is $10,000 for repair/maint of
buildings so funds are available at this time.
RECOMMENDED ACTION
Move to award the Community Center Air Conditioning Bid to Palm
Aire and Electric for $3,318.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE August 30th, 1994 2=30 P.M.
CONTRACTOR/VENDOR AMOUNT
Climatic Cord
Palm Aire
$3,750.00
$3,318.00
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
TO:
FROM:
RE:
MEMORANDUM
September 30, 1994
Mayor and City Council
Linda Kinchen~~,~
Administrative Assistant
Community Center Air Conditioning bid
With respect to the above bid award, I offer the following
information' to answer your questions.
The unit is a wallmount Marvair with a seer rating of 10. It has
a five year warranty on the compressor and five years on parts
with one year on labor. It is an enerqy efficient unit and there
is a possibility of FPL credits due to the Seer rating.
I have attached some information supplied by the contractor for
your review.
Vertical
PRODUCT
Mo :nt Air
'I-i/2 5 'ions
MODELS I
A V P20-24-30-36-42-48-60
'me Marvair MoDPac Il a~r Conditioner is a vertical, wal' r~o~
cost effective air conditioner 0esJgnecl .specifically for'
end relocate, hie building, The unit is manufactured in.
from 1.1/2 to 5 tons for a varieW bt building types anti applic~
Factory installed electric strip 13eat a~cl an air damper areSt
Optionat circuit breakers can be taCh)r? mounted or easil~I.~
in the fJeJcL Accessories include a fu;I r"..~Oe of
thermos[;,:: CaDinet color choices incl...... '.~tanderdi4
beige as weJ! as other' optiOnS; white, rnedi,.~rn grey
Ma~va r f 'St, lhe built- n cnourr.: .', !i;'~n(l¢ ~ .:,.--, ~.ha 1-1/2.2,,
,net 3 ton m¢,,-"e,, sirupl,,ies i,,$,~.,~..~,.,n' 'l ,',0 moped
Marvair C; 'i,;'.;'d, ehminalcs the nee~.; :; rt~;;':"~o0O, Al,
air condniu'ners have been thoroug¢ ~.~': ~r)cl are
Underwriters Laborotor. es ¢U[,, ,.,~, l~':~; .., ~"".. '.~ecifJcatior'
in accordance wi[h the Air C:,:.~r¥.::;i. ,,mr~ ;-~nd R c,t' ;.geralionI.~
(ARI) st~nrJards.
MODEL
AVP60ACA-10MXl
Ease of lnslallation · Factor,,,, .stalled circuit breaker (0pI,¢,~!~ may elirr
neerJ o!-,.,,~n,~'~' ,.,.,~, dis, . ~nt-~cL.'.' ' ~
. BuJlt-i'n mounting tlar;¢jes on 1 - 1/2 '~ 2. ~. 2.3ncJ 3 tO/'
eliminate nee0 for side brackets.
· Sloped top slseds wa~er and minimizes chance aL,
leaks (1-1/2, 2, 2-1/2. ancl 3 ton models only).
· Designed for installation in a modular builder's fac.
Al[ractive and Built for Long Term C ..ration I
· Baked on finish with a ChOice bt colors.
· Decorative coil guarcl.
. High efficiency compressor w,th built-ln, self regulatin.lzc
case heater.
· insulated control box prevents condensate on
components.
Adjustable Air Damper Automatically B~ .,;s in Fresh AilI
Quiet
· Twin blowers sized to accept full 0uct syslem ~
.High density insulation
·
Ease of Service
· All components accessible/or [ield service
-Service access valves
.Nationwide network of service centers
MODEL AVP60ACA-10MX1
Options:
· Choice of Colors
IVlarvair Beige, White, ..,eclium Grey,
Sancl Tan, Putty, Chocolate Brown, and
Pebble Tan
Accessories:
Adjustable, .~n;,~'~ul ~:../OuDle
Part Numoe,: v~G-~,~-~OS
Usea in no~0ucte~ appli~tions
·Retum Grille FJxe~ Numinum
Pa~ Num=.e~; VP'G-20-30-40R
· Return Filter Grille
Used when fil~er must be changeo ~rom me
Pa~ NUmber: VPG-20.30-40RF
· Fresh Air Back Dra~ Damper (Smn0a~)
,Pan Number: VPFA-2-3-4
Manually A~justable 0-25%
FielO Installed
Wail Thermostats
Pa~ Number: 50090
1 Stage Heat, 1 Stage Cool, Fan
Pan Number: 50058
Snap-acting Thermosta[ 1 Slx, ge Heat. !
Stage Cool. Usea where vibration may
be problem with mercL. ~ bulbs,
· Rein Hood (For Mo0els 42-48-60 Only)
Part Number: 00550
Protects air conditioner and pre-
vents water from running down
bet~ind the unit. Factory pain{ed
to match unit. Includes caulk-
ing flange at top o! hood. To be
used when there is no esve or
overhang on building.
· Factory Installed Circuit Breaker
Model Identification (Followed by Additional Characters)
---.--~ e0 = ~,500 nTUN
A~r Cor~dkioner
X = Ma~,air Beige
I · White
2 - $1e, te Grey
3 = Sen~ Tan
4 ,, Putt3,
C¢)nfi~o~.~ratlo9
M = MC, DP'ac il
Performance Data I
DP.!^ 5A~J£.~ 07,' ~0"F DFC~§; ~' W[~ ,~='rURN A~,~ AT VARIOUS OUTDOOR TEMPERA[URE$ AT RATED CFM
20 19400 i 19000 '-' 18700 ]. 18500~ I83(~3 18000' ~17600 1630b 1'5000 14200
24 26100 i 25900 ~b0 24900 24400 " '24000 23000 225~30 "-~--~-
30 33600'j 35000 32300 3~00 3'0300 29400 25500 88000 2710(~ 26200
~ 3~(~"' 38700 38200 37200 '~"0' 35600 34300 33400 32400 ~i200 30100
42- ~7~'00 462_00 45600 44600 43000 41500 39900 ~ 37900 35200' 33000 31000
48 53100 ' 51900 ~0700 49700 48900 48000 ;45500 42800 40500 38600 36500~'
, '~0 .... 64-000,- 63200 62000 60100 58400 56500 54300 52400 51200 47900 "'~
CFM @ ESP (Wet Coil) Sensible/Total Ratio, e 95° Outside Air DB i
,acid' ~ 8~ 240~ 2~400 3 SI ~ ~ lS~ ~
I :, .760 , .755 .7?5 ,7t 0 .800 '
Efficiency and Capacity Ratings ~
I
I
To~al Cap,,city ~8000 24000 29400 ~ ~ lS~ 48~ 56500
~INGB~H t~0 2~ 2~a~ ~6~ 41~ 4~0 ~ 2~00 35~ 41~ 4~g 00S~ ~ 3~00 415~ 48~ ~
Filter Size (in inches) 81~ip W. ight (in pounds)
": .... "':"""'" ' ......... '""-":'"~'~:' P' i'i'-i' '"" '~" ~" :~" ..... "'"' '~'=' ?'""' ~'
I'MODe~I"~A 'i-'~. I~'¢,'E.']~; li.;E 1 r.~l'~, i~i~3- ~ 'I 'J'i 11 ~t'.~:~ ~.1~ i
~~1 ~i Ur;~"r~ L~,~"n l ' I'~'~' I ~ '}?,3/aF' 3e !.~m..I ~' ] ~ ~J, I a ~.b I 3 '~'-3o~ I ~ ~/~ I
TOTAL PA6E.O,~ ~,'
I
I
iC)
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Approval of BID from Paychex,
Inc. for Payroll Services
APPROVED FOR SUBMITTAL BY:
city Manager: ~~
) Agenda No. 77.
)
) Dept. Origin City Manaqer
)
) Date Submitted ~
)
) For Agenda Of 10/12/94
)
) Exhibits: Memo from Payroll
Services BID
Review Committee
EXPENDITURE
REQUIRED: $2,806
AMOUNT
BUDGETED: 0
APPROPRIATION
REQUIRED: $2,806
~_UMMARY STATEMENT
The city of Sebastian received four (4) bid proposals in response to a
Request for Proposal (RFP) to provide automated payroll, payroll tax,
annual W-2, Form 1099 and associated filing documents to State,
Federal and the IRS. Of the four bids received, Paychex, Inc. was the
lowest responsible bidder. A copy of the BID Review Committee memo is
attached for your review.
The anticipated savings associated with this service to the Finance
Department is~primarily in the personnel cost category, and is
estimated to be $7,564.44 this current fiscal year.
Although the amount was not specifically budgeted for this contracted
service, we anticipated the utilization of the savings to be realized
from a full-time Accounting Clerk II changing from a full-time to
part-time status.
RECOMMENDED ACTION
Staff recommends awarding Payroll Service BID to Paychex and authorize
the Mayor to execute and the City Clerk to attest the attached
contract.
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
September 27, 1994
Joel L. Koford, City Manager
Payroll Service Bid Review Committee/~Y
Marilyn Swichkow, Finance Director; Wendy Widmann, Personnel
Director; Earl L. Petty, Police Chief
Payroll Bid Recommendation
The Payroll Service Bid Review Committee met on Friday September 23, 1994. The following bids
were received:
Avatar Utilities Service, Inc.
Business Services Unlimited
Paychex, Inc.
ADP - Automatic Data Processing
$10,278.00/annually
$ 4,648.00/annually
$ 2,805.54/annually
$ 3,078.68/annually
The Committee reviewed all the bids and recommends low bidder Paychex, Inc. The City Manager's
secretary checked references, on Paychex, Inc. and they were excellent.
The Committee recommends entering into a contract for payroll services with Paychex, Inc., as soon
as possible.
The amount for this contracted service, although not budgeted for FY95, can be funded as a result
of a savings to be realized from one full- time Account Clerk II changing to part-time effective
October 1, 1994.
Please advise Finance if you want an agenda request prepared for this item.
AGREEMENT
THIS AGREEMENT, made this day of , 1994,
by and between the City of Sebastian, a political subdivision of
the State of Florida (hereinafter called the "City"), and
....... , or its successors, executors,
administrators, and assigns (hereinafter called "Contractor").
WI TNE S SETH:
The City and Contractor for good and valuable consideration as
hereinafter set forth, do mutually agree as follows:
1. Scope of Work: Contractor agrees to furnish all
materials, labor, supervision, and services necessary to complete
the work as described in the contract documents (the "Contract
Documents") and agrees to complete the Work in a workmanlike manner
in accordance with all applicable codes and in full compliance with
the Contract Documents.
2. Contract Documents:
(a) The Contract Documents consist of this Agreement,
Notice of Invitation to Bid, Instructions for Bidders,
Specification Sheet, Special Terms and Conditions, Bid Form, all
drawings, specifications, addenda issued prior to the execution of
this Agreement, other documents listed in this Agreement and
modifications issued after execution of this Agreement. The
Addenda, if any, are as follows:
The intent of the Contract Documents is to include all item~
necessary for the proper execution and completion of the Work by
contractor. The Contract Documents are complimentary, and what is
required by one shall be binding as if required by all; performance
by contractor shall be required only to the extent consistent with
the Contract Documents and reasonably inferable from them as being
to the intended results.
necessary
p~oduce
(b) The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor, or, (2) between any
persons or entities other than the City and Contractor.
(c) The term "Work" means the maintenance or
construction and services required by the Contract Documents,
whether completed or partially completed, and includes all labor,
materials, equipment and services provided or to be provided by
Contractor to fulfill Contractor's obligations hereunder. The Work
may constitute the whole or a part of the project.
3. Contract Sum and Pa_vment to Contractor:
(a) Contract Sum: The City shall pay to Contractor for
Contractor's perfo~ance ~ereunder, the amount(s) specified in the
Contract Documents (the "Contract Sum") which is $ ~ __.
(b) Contract Payments: The City shall ma~e payments on
account o~ the cOntract ~um to contractor as provided below and
elsewher~ in the Contract Documents. If no provision for payments
is made in the Contract Documents, each payment shall be based on
the percentage of work actually completed.
(i). Each Invoice for Payment by Contractor shall be
submitted to the City by the twenty-fifth (25th) day of each month.
(ii) Provided an I~v~ice for Payment is received by
the City not later than the twenty-fifth (25th) day of a month, the
City shall make payment to Contractor not later than the tenth
(10th) day of the following month. If an Invoice for Payment is
received by the City after the application date fixed above,
payment shall be made by the City not later than twenty (20) days
after the City receives the Invoice for Payment.
4. Contractor's Obligations:
(a) Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over maintenance means,
methods, techniques, sequences and procedures and for coordinating
all portions of the Work under this Agreement, unless the Contract
Documents give other specific instructions concerning these
matters.
(b) Unless otherwise provided in the Contract Documents,
Contractor shall provide and pay for labor, materials, equipment,
tools, maintenance equipment and machinery, transportation, ~nd
other facilities and services necessary for the proper execution
and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
(c) ~Unless otherwise provided in the Contract Documents,
Contractor shall pay all sales, use and other similar taxes and
shall secure ~nd pay. for all permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
(d) Contractor shall enforce strict discipline and good
order among Contractor's employees and other persons carrying out
the Work. Contractor shall not permit employment of unfit persons
or persons not skilled in tasks assigned to them.
(e) Contractor currently holds and shall maintain at all
times during the term of this Agreement all required federal, state
and local licenses necessary to perform the Work required under the
Contract Documents.
(f) Contractor shall be responsible to the City for the
acts and omissions of Contractor's employees, Subcontractors and
their agents and employees, and other persons performing portions
of the Work under a contract with Contractor.
5. Cit~v's Obliaation:
(a) The City shall, at no cost to the Contractor,
provide the materials required for the Contractor to perform the
contract service.
6. ~: Contractor warrants to the City that all
materials and labor furnished under this Agreement shall be free
from.any and all defects and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved
and authorized, may be considered defective.
7. Correction of Work:
(a) Contractor shall, at no to the City, promptly
c~st
correct Work failing to conform to requIrements of the Contract
Documents, whether observed before or after completion of the Work
and whether or not fabricated, installed or completed, and shall
correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of thirty
(30) days from the date ~f completion of the Work or by the terms
of an applicable special warranty required by the Contract
Documents.
The provisions of this Paragraph 7 apply to the Work done by
Subcontractors as well as to the Work done by direct employees of
Contractor.
(b) 'Nothing contained in this Paragraph 7 shall be
construed to establish a period of limitation with respect to other
obligations which Contractor might have under the Contract
Documents. Establishment of the time period of thirty (30) days as
described in Subparagraph 7(a) above relates only to the specific
obligation of Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the
time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's obligations
other than specifically to correct the Work.
3
8. Subcontracts:
(a) A Subcontractor is a person or entity who has a
direct contract with Contractor to perform a portion of the Work.
(b) A Supplier is a person or entity who has a direct
contract with Contractor to provide materials and/or supplies
required to perform a portion of the Work.
(c) Unless otherwise stated in the Contract Documents or
the bidding requirements, Contractor, as soon as practicable after
award of the Contract, shall furnish in writing to the City the
names of the Subcontractors and Suppliers for each of the principal
portions of the Work. Contractor shall not contract w~th any
Subcontractor or Supplier to whom the City has made reasonable and
timely objection. Contracts between Contractor and its
Subcontractors and Suppliers shall require each Subcontractor and
Supplier, to the extend of the Work to be performed by the
Subcontractor and the material and/or supplies to be provided by
the Supplier, to be bound to Contractor by the terms of the
Contract Documents, and to assume toward Contractor all the
obligations and responsibilities which Contractor, by the Contract
Documents, assumes toward the City.
9. Term: The term of this Agreement shall be five (5)
years, beginning , unless otherwise specified in the ~
Contract Documents. The parties reserve the right to extend the
term of this Agreement for an additional term of five (5) years on
the same terms and conditions upon mutual written agreement. ~
10. Termination:
(a) ~[_g~q/~: If Contractor defaults or persistently
fails or neglects to carry out the Work in accordance with the
Contract Documents or fails to perform a provision of this
Agreement, the City, after ten (10) days written notice to
Contractor and without prejudice to any other remedy the City may
have, terminate this Agreement.
(b) Without Cause: The City retains the right to cancel
this Agreement at any time, with or without good cause, upon thirty
(30) days written notice to Contractor when such termination is
deemed by the City Council, to be in the public interest.
(c) pa_vment Upon Termination: In the event of
termination
as provided herein, Contractor shall be paid for
services performed through the date of termination, less damages
incurred by the City as a result of Contractor's failure to carry
out the Work in accordance with the Contract Documents and
Contractor's failure to perform any provision of this Agreement.
To the fullest extent
4
permitted by law,
Contractor shall indemnify, defend and hold harmless the City and
the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to
attorney's fees, arising out of or resulting from performance of
the Work, except for injuries, damages or claims which are the
result of the sole negligence of the City, its agents, servants, or
employees, and Contractor shall at its own cost and expense defend
the City against any such claim, suit, action or proceeding which
may be commenced against the City by reason thereof. Contractor
hereby acknowledges that the obligations imposed upon the City and
the terms of this Agreement are the specific consideration for the
indemnification provided herein.
12. ~Ar~jl~: Contractor shall procure and maintain during
the life of this Agreement insurance of the types and subject to
the limits set forth below. Contractor shall also provide the City
with evidence of this insurance prior to commencement of the Work
in the form of Certificates of Insurance which shall be subject to
the City's approval for adequacy.
(a) Workers' Compensation: Contractor shall purchase
from and maintain in any company or companies lawfully authorized
to do business in F~orida, workers' compensation insurance for
protection from claims for damages because of bodily injury,
including death, and from claims for damages, other than to the
Work itself, to property which may arise out of or result from
Contractor's operations under this Agreement, whether such
operationsbe by Contractor or by Subcontractors or by anyone
directly or indirectly employed by any of them. This insurance
shall be written for not less than the limits of liability required
by law, and shall include contractual liability insurance
applicable to Contractor's obligations under Paragraph ll.
Coverage B, Employer's Liability, shall be written for a minimum
liability of $100,000.00 per occurrence.
(b) Commercial General Liability: Contractor shall
provide and maintain during the life of this Agreement, at
Contractor's own expense, Commercial General Liability insurance on
an occurrence basis for a minimum of $1,000,00.00 per occurrence
for claims of bodily injury including death, and $500,000.00 for
property damage.
(c) Commercial Auto Liability: Contractor shall provide
and maintain during the life of this Agreement, at Contractor's own
expense, Commercial Auto Liability insurance on an occurrence basis
for a minimum $100,000.00 per occurrence for claims of bodily
injury, including death, and $300,000.00 for property damage.
13. Performance Bond: Contractor shall purchase and maintain
throughout the duration of this Agreement a Performance Bond in an
amount equal to 110% of the face amount of the Contract Sum, unless
such requirement is specifically waived or modified in writing by
5
the City. Said bond shall be with a surety insurer authorized to
do business in the Stateof Florida. In lieu of said bond,
Contractor may obtain and deliver to the City an irrevocable letter
of credit from a qualified l~nding institution in an amount equal
to the Performance Bond required. Contractor shall submit to the
City proof of said surety bond or letter of credit upon execution
of this Agreement.
14. ~: Contractor shall not assign this Agreement
to any other persons or firm without first obtaining the City's
written approval.
15. ~: Ail notices, requests, consents, and other
communication required or permitted under this Agreement shall be
in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed to:
IF TO THE CITY:
WITH A COPY TO:
IF TO CONTRACTOR:
City of Sebastian
Attn: Joel Koford, City Manager
1225 Main Street
Sebastian, Florida 32958
Clifton A. McClelland, Jr., Esq.
City Attorney
c/o Potter, McClelland, Marks
& Healy, P.A.
Post Office Box 2523
Melbourne, Florida 32902-2523
16. Time: Time limits stated in the Contract Documents are ·
of the essence of this Agreement. By executing this Agreement,
Contractor confirms that the contract time is a reasonable period
for performing the Work.
17. Conflict of Interest:
(a) Contractor represents that it presently has no
interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services
required hereunder, as provided by law. Contractor further
represents that no person having any such interest shall be
employed in performance of the Work.
(b) Contractor shall promptly notify the City in writing
by certified mail of all potential conflicts of interest prohibited
by existing state law involving any prospective business
association, interest or other circumstance which may influence or
appear to influence Contractor's judgment.o~ quality of services
being provided hereunder. Such written notification shall identify
the prospective business association, interest or circumstance, the
nature of work that Contractor may undertake ~nd ~equest the
opinion of the City as to whether the association, interest or
circumstances, would, in the opinion of the City, constltut~ a
conflict of ~nterest if entered into by Contractor. ~he .CiTy
agrees to notify Contractor of its opinion by certified mall within
thirty (30) days of receipt of notification by Contractor. .If{ in
of. City, prospective ~usiness association,
the
opinion
the
the
interest or circumstance would not constitute a conflict of
interest by Contractor, the City shall so state in the notification
and Contractor shall, at its option, enter into said association,
interest or circumstance and it shall be deemed to be not a
conflict of interest with respect to services provided to the City
by Contractor under the terms of this Agreement.
18. Compliance With All APPlicable Federal Laws: Contractor
shall comply-with all applicable f~deral laws that. in any way
regulate or impact the Work, including, but not l~m~ted to, The
Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC
§1531, et ~.), Executive Order No. 11593, Executive Order No.
11988, Order No. 11990, The and
Executive
Fish
Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL
90-542, as amended), The Demonstration Cities and Metropolitan
Development Act of 1966 (PL 89-754), Section 306 of The Clean Air
Act, Section 508 of the Clean Water Act, Executive Order No. 11738,
The Civil Rights Act.of 1964 (PL 88-352), The Age Discrimination
Act (PL 94-135), Section 13 of the Federal Water Pollution Control
Act (PL 92-500), Executive Order NO. 11246, Executive Order No.
11625, Executive Order No. 12138, Executive Order No. 12549, The
Davis Bacon Act (40 USC §276), the Occupational Safety and Heal Act
and applicable regulations, and the Americans with Disabilities Act
(PL 101-336).
19. Liquidated Dama~s: In the event Contractor violates or
fails to perform any provision of the Contract Documents, then the
City may elect to receive as liquidated damages the amount(s)
specified in t~e Contract Documents. It is expressly acknowledged
by Contractor that said payment shall not be interpreted nor
construed as a penalty, but is in fact a good faith attempt to fix
damages which the City will suffer in the event Contractor fails to
perform as required hereunder or violates any provision of the
Contract Documents.
7
20. Bid and Pa_vment Bonds: Contractor shall purchase and
maintain such bid and payment bonds as are required by the City and
specified in the Contract Documents.
21. Druq-Free Workplace: Contractor, in accordance with
Florida Statute 287.087, hereby certifies that Contractor does:
(a) Publish a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in ~he workplace and
specifying the actions that will be taken against employees for
violations of such prohibition.
(b) Inform employees about the dangers of drug abuse in
the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, employee
assistance
programs and the penalties that may be imposed upon
employees for drug abuse violations.
(c) Give each employee engaged in providing the
commodities or contractual services that are required hereunder a
copy of the statement specified in Subparagraph (a).
(d) In the statement specified in Subparagraph (a),
notify the employees that, as a condition of working on the
commodities or contractual services that are required hereunder,
the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 1893 or of any controlled
substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such
conviction.
(e) Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's community, by any employee
who is so convicted.
(f) Make a good faith effort to continue to maintain a
drug-free workplace through implementation of Subparagraphs (a)
through (e).
22. Public Entity Crimes:
(a) Contractor hereby acknowledges, represents and
warrants:
(i) That a "public entity crime" as defined in
Paragraph 287.133(1)(g), Florida Statutes, means a violation of any
state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or
with an agency or political subdivision of any other state or of
the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the
United States and ~nvolving. antitrust, fr~ud, .theft, bribery,
collusion, racketeering, conspiracy, or mater~al m~srepresentat~on.
(ii) That "convicted" or "conviction" as defined in
Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt
or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of
relating to charges brought by indictment or information
record
after July 1, 1989, as a result of a jury verdict, non-jury trial,
or entry of a plea of guilty or nolo contendere.
(iii) That an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
1. A predecessor or successor of a person
convicted of a public entity crime; or
2. An entity under the control of any natural
Person who is active in the management of the entity and who has
convicted public entity crime The term "affiliate"
been of a .
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another or a pooling
person,
of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
(iv) That a "person" as defined in paragraph
287.133(1)(e), Florida Statutes, means any natural person or entity
organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services
let by a publi~ .entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
(b) Based on information and belief, the statement which
Contractor has marked below is true in relation to Contractor
submitting this sworn statement. [indicate which statement
applies.]
Neither Contractor, nor any of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, nor any affiliate of Contractor has been
9
charged with and convicted of a public entity crime
s~bsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor .has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners,.shareholders, employees,
members, or agents who ~r? active in the management of
Contractor, or an af~lllate of Contractor has b~en
charged with and convicted of a public entity cr~me
subsequent to July 1, 1989. However., there has been a
subsequent p~oceedin~ ~efore a H~arlng .Officer of the
State of Florida, Division of Administrative Hearings and
the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place
Contractor on the convicted vendor list. [Attach a
of the final order.]
(c) CONTRACTOR UNDERSTANDS THaT THE ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 21 TO THE
CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT
THE TERM OF THiS AGREEMENT SH&LLEXTEND BEYOND THE CALENDAR YEAR IN
WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE
CITY ANEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES,
ON PUBLIC ENTITY CRIMES, FORM PUR. 7068, AS REVISED FROM TIME TO
TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO
INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLDAMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE iNFORMATION CONTAINED iN THIS
PARAGRAPH 21.
10. Entire and Sole Agreement: Except as specifically stated
herein, the Contract Documents constitute the entire agreement
between the pa~ties and supersede all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in the Contract Documents. Neither party
has in any way relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, statements,
promises or understandings not specifically set forth in the
Contract Documents.
11. Successors and Assigns: Except as otherwise provided in
the Contract Documents, all covenants and agreements of the parties
contained in the Contract Documents shall be binding upon and inure
10
to the benefit of the respective successors and assigns
parties.
of the
12. Attorney's Fees: In the event of any action, proceeding,
suit or claim is filed, initiated or maintained to enforce any of
the provisions of the Contract Documents, the prevailing party
shall, in addition to relief to which it is otherwise entitled, be
entitled to recover such further amounts, to the extent lawful, as
shall be sufficient to pay the cost and expenses of enforcement,
including reasonable attorney's fees, both at trial and all
appellate levels.
13. ~: No remedy herein conferred upon any party is
intended to be exclusive of any other remedy and each and every
such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise.
14. Governing Law: The Contract Documents shall be construed
and enforced in accordance with and governed by the laws of the
State of Florida, and venue for any action pursuant to the Contract
Documents shall be in Indian River County, Florida.
15. A~k~I~9_D~: Neither the Contract Documents nor any term
thereof may be changed, waived, discharged or terminated orally,
except by an instrument in writing signe~ by the party against
which enforcement of the change, waiver, d~scharge or termination
is sought.
16. Waiver: The failure of any of the parties at any time to
require performance of any provision of the Contract Documents
shall in no manner affect the right of such party at any later time
to enforce or require the same unless waived in writing. No waiver
by any party of any condition or breach shall be construed or
deemed to be a waiver of any other condition or any other breach of
any term, covenant or warranty contained in the Contract Documents.
provisions of t~i~ Agreement and any attachments ~r
hereto, the prDv~s~ons of this Agreement shall prevail.
17. ~L~: In the event of any conflict between the
addendums
i1
IN WITNESS WHEREOF, the City has hereunto subscribed and
Contractor has affixed his, its, or their names or name.
ATTEST:
CITY:
THE CITY OF SEBASTIAN
Kathryn M. O'Halloran
CMC/AAE, City Clerk
By:
Name:
Title:
Signed, sealed and delivered
in the presence of:
CONTP~CTOR:
Name: By:
Name:
Name: Title:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of _, , 1994, by as
of the CITY OF SEBASTIAN, FLORIDA, on
behalf of the CITY OF SEBASTIAN. He/she is personally known to me
or produced as identification.
Printed Name:
Commission Number:
My Commission Expires:
12
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by as
of on
behalf of CONTRACTOR. He/she is personally known to me or produced
identification.
Printed Name:
Commission Number:
My Commission Expires:
Clifton A. McCelland, Jr.
City Attorney
13
PUBLIC ENTITY CRIMES
Any person submitting a quote, bid, or proposal in response to this
invitation or a contract, must execute the enclosed form PUR. 7069,
sworn statement under section 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC
ENTITY CRIMES, including proper check(s), in the space(s) provided, and
enclose it with his quote, bid, or proposal. If you are submitting a
quote, bid or proposal on behalf of dealers or suppliers who will ship
commodities and receive payment from the resulting contract, it is your
responsibility to see that copy(ies) of the form are executed by them
and are included with your quote, bid, or proposal. Corrections to the
form will not be allowed after the quote, bid, or proposal opening time
and date. Failure to complete this form in every detail and submit it
with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating
Sections 287.132 133, Florida Statutes, effective July 1, 1989.
Section 287.132(3) (d), Florida Statutes, requires the Florida Department
of General Services to maintain and make available to other political
entities a "convicted vendor" list consisting of persons and affiliates
who' are disqualified from public contracting and purchasing process
because they have been found guilty of a public entity crime. A public
entity crime is described by Section 287.133, Florida Statutes, as a
violation of any State or Federal law by a person with respect to and
directly related to the transaction of business with any public entity
in Florida or with an agency or political subdivision of any other state
or with the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or
with an agency or political subdivision and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
By law no public entity shall accept any bid from, award any
contract to, or transact any business in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two
(currently $10,000) with any person or affiliate on the convicted vendor
list for a period of 36 months from the date that person or affiliate
was placed on the convicted vendor list unless that person or affiliate
has been remove~ ~from the list pursuant to Section 287.133(3) (f),
Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into a
contract (formal contract or purchase order) in excess of the threshold
amount of $10,000 to provide goods or services to T~E CITY OF SEBASTIAN,
a person shall file a sworn statement with the contracting officer or
Purchasing Director, as applicable. The attached statement or affidavit
will be the form to be utilized and must be properly signed in the
presence of a notary public or other officer authorized to administer
oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT ~$NALL BE
~${~BI~TTED CONCURRENTLY WIT}{ YOUR OUOTE OR BID DOC. UMENTS. NON-INCLUSION
OF THIS DOCUmeNT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID.
SWORN STATEMENT UNDER SECTION 287.133(3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted with Bid, Proposal or
Contract No. for THE CITY OF SEBASTIAN.
This sworn statement is submitted by
(name of
entity submitting sworn statement) whose business address is
and
(if applicable) its Federal Employer Identification (FEIN) is
(If the entity has no FEIN, include the
Social Security Number of the individual signing this sworn
statement: .)
My name is (please
print name of individual signing) and my relationship to the
entity named above is
I understand that a "public entity crime" as defined in
Paragraph 287.133(1) (g), E1Q.rida Statutes, means a violation
of any state or federal law by a person with respect to and
directly related to the transaction of business with any
public entity or with an agency or political subdivision of
any other state or with the United States, including, but not
limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political
subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida Statutes, means a finding of
guilt or a conviction of a public entity crime, with or
without a~' adjudication of guilt, in any federal or state
trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of
a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
I understand that an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a
public entity crime; or
(2) An entity under the control of any natural person who is
active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliat)~--~R
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when
not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime
in Florida during the preceding 36 months shall be considered
an affiliate.
I understand that a "person" as defined in Paragraph
287.133(1) (e), Florida Statutes, means any natural person or
entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract
and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with
a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have
marked below is true in relation to the entity submitting this
sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor
any officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of
the entity, nor any affiliate of the entity have been charged
with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or
more of the officers, directors, executives, partners,
shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has
been charged with and convicted of a public entity crime
subsequent, to July 1, 1989, AND (Please indicate which
additional statement applies.)
There has been a proceeding concerning the
conviction before a hearing officer of the State of
Florida, Division of Administrative Hearings. The final
order entered by the hearing officer did not place the
person or affiliate on the convicted vendor list.
(Please attach a copy of the final order.)
The person or affiliate was placed on the convicted
vendor list. There has been a subsequent proceeding
before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order
entered by the hearing officer determined that it was in
the public interest to remove the person or affiliate
from the convicted vendor list. (Please attach a copy of
the final order.)
The person or affiliate has not been placed on the
convicted vendor list. (Please describe any action taken
by or pending with the Department of General Services.)
Date:
(Signature)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of ~, 1993 by ...... ,
.(title) on behalf of
(name of partnership), a partnership. He/she is personally known
to me or has produced as identification and
did ( ) did not ( ) take an oath.
Name:
My Commission Expires:
Commission Number.
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute
287.087 hereby certifies that
does:
Publish a' statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against
employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the
workplace, the business' policy of maintaining a drug-
free workplace, any available drug counseling,
rehabilitation, employee assistance programs and the
penalties that may be imposed upon employees for drug
abuse violations.
Give each employee engaged in providing the commodities
or contractual services that are under bid a copy of the
statement specified in Paragraph 1.
In the statement specified in Paragraph 1, notify the
employees that, as a condition of working on the
commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of
guilty or nolo contendere to any violation of Chapter
1893 or of any controlled substance law of the United
States or any state, for a violation occurring in the
workplace no later than five (5) days after such
conviction.
Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or
rehabilitation program if such is available in the
employee's community, by any employee who is so
convicted.
Make a good faith effort to continue to maintain a drug-
free workplace through implementation of Paragraph 1
through 5.
As the person authorized to sign this statement, I certify
that this firm complies fully with the above requirements.
Date:
Bidder's Signature
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: NORTH INDIAN RIVER COUNTY )
REPUBLICAN CLUB )
Approved For Submittal By:
City Manager ~~
!
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 10/06/94
For Agenda Of:
10/12/94
Exhibits:
1. Letter dated 9/30/94 from
Betsy Fischer
2. Letter dated 10/6/94 from
Betsy Fischer
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The North Indian River County Republican Club is requesting permission
from the City Council to utilize Riverview Park on October 21, 1994, for a
political rally from 1:30 p.m. to 4:00 p.m.
Unless otherwise stipulated by City Council, the following are established
rules for use of Riverview Park:
1. $100.00 Security Deposit
2. No vehiclDs in the park.
3. Applicant to provide sufficient waste receptacles and
clean up after event.
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
7. Applicant must contact and receive approval from the Health
Department regarding the sale of food.
RECOMMENDED ACTION
Move to approve the request from North Indian River County Republican Club
to use Riverview Park on October 21, 1994, with standard conditions~--~R
SEP--~--9~ FRZ 01:11 PM ~4724~??~?
40T5897751
P-elm
NORTH INDIAN RIVER REP LICAN CLUB
P .O. BOX ?atS~
SEBASTIAN, FLORIDA 32978-15~e
(4o7) 5ee o
City of Sebastian
Attn: Linde
Main Street
Sebastian, FL 32958
September, 30, 1994
Re:
Ose of Rlverview Park. on October 21, 1994
Dear Linde,
The North Indian River County Republican Club would like the
uee of R~verview Park on October 21, 1994 from 2=00p.m until
4:00p.m.
Please advise me of any costs involved and also if it would
be possible to rent the bleachers from the City of Sebastian.
We expect approximately 200 people and there will be food and
refreshments served.
Please le~me know what further steps I need to take to get
this event scheduled as soon as possible. It will be a Jeb
Bush campaign rally.
If you have any guestions please call me at S89-3159.
Po~-It" brand fax wansmlttal memo 7671 [* of p,~,,, [ _
Sincerely, I
Betey Fischer
Secretary
I
i
i OCT. 6, 1994
I CITY OF SEBASTIAN
CITY HALL
I ATT~: SALLY
i I am revising my request for Rlverview Park October
i 21st. from 1:30 to 4:00 pm. i do not need the bleachers.
If you have any questions please ca]l 407-S89-3159 and
I ask for Betsy.
i T~
m
[ City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT: REQUEST FROM AMERICAN
CANCER SOCIETY TO UTILIZE RIVER-
VIEW PARK AND TO CLOSE INDIAN
RIVER DRIVE FOR A SPECIAL EVENT.
Approval for Submittal By:
City Manager ~~ J
) Dept. Origin: .Co.~munity Development
)
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
) 1.
)2.
)3.
1.Q/03/94
10/12/94
Letter from Jay Tobin dated 8/30/94
Memo dated 9/13/94 from Public Works
Memo dated 9/26/94 from Police Dept.
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
$650.00 -0- -0-
SUMMARY STATEMENT
The American Cancer Society is requesting permission to utilize Riverview
Park on Saturday November 5, 1994, for Making Strides Move-Along-Athon. The
event includes a walk along Indian River Drive, which they have requested to
close one lane during the walk.
Based on recommendations from the Police department and Public Works, both
lanes of Indian River Drive should be closed during this event to provide an
added measure of safety.
Memorandums from the Police department and Public Works department are
included, which outline proposed manhours and expenses. Total cost for this
event would be approximately $650.
City Council has already approved a request from the Craft Club for the use
of Riverview Park on this date. The Craft Club has contacted staff regarding
this matter and has no objections. Both groups plan to work together and
anticipate no problems.
American Cancer Society
Page 2
RECOMMENDED ACTION
Review the proposed request from the American Cancer Society and direct staff
accordingly.
)~1'~ NORTH INDIAN RIVER COUNTY UNiT
P.O. BOX 1749, SEBASTIAN, FLORIDA 3~968
~225
Ma~n
s=r~
S~asti~, ~ 32958 5~;.~~
At the re,est of o~ ~d of Directors, we ~~ke ~o ch~ge
~he r~u=e_o~ o~ M~ing S=rides Move-Along-Athon on Satiny,
~ pro~sed route Is as foll~s-'
~ Start and end a~ ~ve~ P~k. ,
_
* North on In~ ~ver Drive =o Rosel~d Road.
* West on Rosel~ ~ to Old D~e.
* Sou~h on Old Di~e to Davis St.
South on Indian River Drive =o ~vervi~ Park.
-.
For safety ~eaaons, ~ ~d reco~nd olosing I lane of
a2ver Drive while the wal~ &s
__
W~ a~c= 150 p~ici~=s ~nclu~ng vol~teers. Se=-up
~ve~ Par~ ~d ~ from 6 ~ - 8 ~. ~egia~ration st~=s a~
~. ~e wa~ ~t~ts at 9 ~ ~d should ~ complet~ ~
8
10:30 ~ - 10=45 ~. Cle~-up at the ~rk should ~ fi~sh~
12:30 PM.
~a~ you for You co~i~era~ion of our r~est. Please. feel free
to call ~ at 562-2272 ~f ~u ~ve ~y ~estions.
~ay ToBin
Executive
CC;
CC;
CC~
Burney Car~er
Sgt. Gene ~wert
Jeanne Bresett
DATE:
TO:
FROM:
RE:
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MEMORANDUM
September 13, 1994
Bruce Cooper
Director of Community Development
Jerry Thomas~~'~
Acting PubliyWorks Director
American Cancer Society Proposed Event
The following is a breakdown of manhours required for the above
event.
Four men - 4 hrs each - 16 hrs Overtime at 14.12 hour = $225.92
Two trucks - at $25.00 per vehicle for a total of $50.00
Total expense to the City of Sebastian
$275.92.
Public Works will work in conjunction with the Sebastian Police
Department in the City limits only. The request from the Cancer
Society states that the walk will go out of the City limits to
the north. Therefore, requiring assistance from Indian River
County.
The Sebastian Police Department informed me they will require the
closing of the entire roadway for safety.
Should youhave ~ny other questions or need any additional
information, please do not hesitate to contact me regarding this
matter.
For safety rg~son~,
Drive be closed. Would also
detail (1) at Harrison & Ind
_
River Drive, (1) at Main Str
N. Central Ave and Davis St.
to approximately 1100 hours.
cc: Chief Petty
Indian River Drive; (1) at CoolidGe & Indian
Street & Indian River Drive and (1) at
Officers would work from 0830 hours
Total man hours = 10. Total cost $375.00.
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Golf Course Cart
Maintenance
Approval For Submittal By:
City Manager ~(~~
AGENDA NO.
Dept. Origin: CM
Joel L. Koford
Date Submitted: 09/22/94
For Agenda Of: 09/28/94
Exhibits: Agreement-Custom
Carriages
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
Custom Carriages presented the lowest responsible bid for our golf course cart maintenance
conu'act. Although the low bid of $8,256 is very reasonable, Custom Carriages also offered
to accomplish som~ additional work on our golf carts. The additional cost of $2,064
increases the total bid to read $10,320, which is still well below the next lowest bid of
$15,500.
RECOMMENDATION
Staff recommends awarding the maintenance contract to Custom Carriages in the amount
of $10,320. c;~ c( ~:~ lb ~,~o.~--;.~. ,-q- q '4-
RESOLUTION NO. R-94-54
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE PURPOSE
OF PROVIDING CART MAINTENANCE SERVICES FOR THE
SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVEI~tBILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian received bids for Golf Course
cart maintenance services on August 1, 1994; and
WHEREAS, the City Council desires to enter into an Agreement
with Custom Carriages, Inc. for the purpose of providing cart
maintenance services for the Sebastian Municipal Golf Course.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AGREEMENT. The City Council of the City of
Sebastian, Indian River County, Florida, hereby agrees to enter
into an Agreement with Custom Carriages, Inc. identified as
Exhibit "A" to this Resolution, and by this reference
incorporated herein.
SECTION Z. EXECUTION. The Mayor of the City of Sebastian
is hereby authorized to execute, and the City Clerk to attest,
the Agreement as agents for the City of Sebastian.
SECTION 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
SECTION 5. EFFECTIVE D~TE. This Resolution shall take
effect immediately upon its adoption.
The foregoing
Councilmember
by Councilmember
vote, the vote was as follows:
Resolution was
moved for adoption by
. The motion was seconded
and, upon being put into a
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
2
The Mayor thereupon declared this Resolution duly passed
and adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
By'
Arthur L. Firtion
Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
3
AGREEMENT
THIS AGREEMENT, made this day of , 1994,
by and between the City of Sebastian, a political subdivision of
the State of Florida (hereinafter called the "City"), and CUSTOM
CARRIAGES, INC., or its successors, executors, administrators, and
assigns (hereinafter called "Contractor").
W I T N E S S E T H:
The City and Contractor for good and valuable consideration as
hereinafter set forth, do mutually agree as follows:
1. ScoDe of Work: Contractor agrees to furnish all
materials, labor, supervision, and services necessary to complete
the work as described in the contract documents (the "Contract
Documents") and agrees to complete the Work in a workmanlike manner
in accordance with all applicable codes and in full compliance with
the Contract Documents.
2. Contract Documents:
(a) The Contract Documents .consist of this Agreement,
Notice of Invitation to Bid, Instructions for Bidders,
Specification Sheet, Special Terms and Conditions, Bid Form, all
drawings, specifications, addenda issued prior to the execution of
this Agreement, other documents listed in this Agreement and
modifications issued after execution of this Agreement. The
Addenda, if any, are as follows:
The intent of the Contract Documents is to include all items
necessary for the proper execution and completion of the Work by
Contractor. The Contract Documents are complimentary, and what is
required by one shall be binding as if required by all; performance
by Contractor shall be required only to the extent consistent with
the Contract Documents and reasonably inferable from them as being
necessary to produce the intended results.
(b) The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor, or, (2) between any
persons or entities other than the City and Contractor.
(c) The term "Work" means the maintenance or
construction and services required by the Contract Documents,
whether completed or partially completed, and includes all labor,
materials, equipment and services provided or to be provided by
Contractor to fulfill Contractor's obligations hereunder. The Work
may constitute the whole or a part of the project.
3. Contract Sum and Payment to Contractor:
(a) Contract Sum: The City shall pay to Contractor for
Contractor's performance hereunder, the amount(s) specified in the
Contract Documents (the "Contract Sum") which is $10,320.00 and an
annual contract escalation equal to the Miami Consumer Price Index
as of July 1, not to exceed 5% of the current annual contract
price.
(b) Contract Payments: The City shall make payments on
account of the Contract Sum to Contractor as provided below and
elsewhere in the Contract Documents. If no provision for progress
payments is made in the Contract Documents, each payment shall be
based on the percentage of'work actually completed.
(i) Each Invoice for Payment by Contractor shall be
submitted to the City by the twenty-fifth (25th) day of.each month.
(ii) Provided an Invoice for Payment is received by
the City not later than the twenty-fifth (25th) day of a month, the
City shall make payment to Contractor not later than the tenth
('10th) day of the following month. If an Invoice for Payment is
received by the City after the application date fixed above,
payment shall be made by the City not later than twenty (20) days
after the City receives the Invoice for Payment.
4. Contractor's Obliqations:
(a) Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating
all portions of the Work under this Agreement, unless the Contract
DocUments give other specific instructions concerning these
matters.
(b) Unless otherwise provided in the Contract Documents,
Contractor shall provide and pay for labor, materials, equipment,
tools, maintenance equipment and machinery, transportation, and
other facilities and services necessary for the proper execution
and completion'of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
(c) Unless otherwise provided in the Contract Documents,
Contractor shall pay all sales, use and other similar taxes and
shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
(d) Contractor shall enforce strict discipline and good
order among Contractor's employees and other persons carrying out
the Work. Contractor shall not permit employment of unfit persons
or persons not skilled in tasks assigned to them.
(e) Contractor currently holds and shall maintain at all
times during the term of this Agreement all required federal, state
and local licenses necessary to perform the Work required under the
Contract Documents.
(f) Contractor shall be responsible to the City for the
acts and omissions~ of Contractor's employees, Subcontractors and
their agents and employees, and other persons performing portions
of the Work under a contract with Contractor.
5. City's ObliGation:
(a) The City shall, at no cost to the' Contractor,
provide the following services and materials or facilities:
(l)
(4)
(5)
Water and sewer while servicing the City's
carts.
Electrical while servicing the City's carts.
Reimbursement for repair parts and materials
which are authorized by the City and required
for proper maintenance and utilization of City
equipment.
Adequate parking spaces designated for
Contractor employees.
Maintenance facility meeting all OSHA
Standards for a maintenance and repair
facility.
(b) The City shall provide a City representative at the
golf course with the authority to authorize repair part purchase
order submission to City Finance and who represents the City
Manager for supervisory decisions regarding golf course maintenance
and other related activities as outlined with the Contract
Documents.
6. Warranty: Contractor warrants to the city that all
materials and labor furnished under this Agreement shall be free
from any and all defects and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved
and authorized, may be considered defective.
7. Correction of Work:
(a) Contractor shall, at no cost to the City, promptly
correct Work failing to conform to requirements of the Contract
Documentsf whether observed before or after completion of the Work
and whether or not fabricated, installed or completed, and shall
correct any Work found to be not in accordance with the
3
requirements of the Contract Documents within a period of thirty
(30) days from the date of completion of the Work or by the terms
of an applicable special warranty required by the Contract
Documents. The provisions of this Paragraph 7 apply to the Work
done by Subcontractors as well as to the Work done by direct
employees of Contractor.
(b) Nothing contained in this Paragraph 7 shall be
construed to establish a period of limitation with respect to other
obligations which Contractor might have under the Contract
Documents. Establishment of the time period of thirty (30) days as
described in Subparagraph 7(a) above relates only to the specific
obligation of Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the
time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's obligations
other than specifically to correct the Work.
8. Subcontracts:
(a) A Subcontractor is a person or entity who has a
direct contract with Contractor to perform a portion of the Work.
(b) A Supplier is a person or entity who has a direct
contract with Contractor to provide materials and/or supplies
required to perform a portion of the Work.
(c) Unless otherwise stated in the Contract Documents or
the bidding requirements, Contractor, as soon as practicable after
award of the Contract, shall furnish in writing to the City the
names of the Subcontractors and Suppliers for each of the principal
portions of the Work. Contractor shall not contract with any
Subcontractor or Supplier to whom the City has made reasonable and
timely objection. Contracts between Contractor and its
Subcontractors and Suppliers shall require each Subcontractor and
Supplier, to the extent of the Work to be performed by the
Subcontractor and the material and/or supplies to be provided by
the Supplier, to be bound to Contractor by the terms of the
Contract Documents, and to assume toward Contractor all the
obligations an~ responsibilities which Contractor, by the Contract
Documents, assumes toward the City.
9. Term: The term of this Agreement shall be five (5)
years, beginning October l, 1994, unless otherwise specified in the
Contract Documents. The parties reserve the right to extend the
term of this Agreement for an additional term of five (5) years on
the same terms and conditions upon mutual written agreement.
4
10. TerminatioD:
(a) For Cause: If Contractor defaults or persistently
fails or neglects to carry out the Work in accordance with the
Contract Documents or fails to perform a provision of this
Agreement, the City, after ten (10) days written notice to
Contractor and without prejudice to any other remedy the City may
have, terminate this Agreement.
(b) Without Cause: The City retains the right to cancel
this Agreement at any time, with or without good cause, upon thirty
(30) days written notice to Contractor when such termination is
deemed by the City Council, to be in the public interest.
(c) Pavment Upon Termination: In the event of
termination as provided herein, Contractor shall be paid for
services performed through the date of termination, less damages
incurred by the City as a result of Contractor's failure to carry
out the Work in accordance with the Contract Documents and
Contractor's failure to perform any provision of this Agreement.
11. Indemnity: To the fullest extent permitted by law,
Contractor shall indemnify, defend and hold harmless the City and
the city's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but'not limited to
attorney's fees, arising out of or resulting from performance of
the Work, except for injuries, damages or claims which are the
result of the sole negligence of the City, its agents, servants, or
employees, and Contractor shall at its own cost and expense defend
the City against any such claim, suit, action or proceeding which
may be commenced against the City by reason thereof. Contractor
hereby acknowledges that the obligations imposed upon the City and
the terms of this Agreement are the specific consideration for the
indemnification provided herein.
12. Insurance: Contractor shall procure and maintain during
the life of this Agreement insurance of the types and subject to
the limits set forth below. Contractor shall also provide the City
with evidence of this insurance prior to commencement of the Work
in the form of Certificates of Insurance which shall be subject to
the City's approval for adequacy.
(a) Workers' Compensation: Contractor shall purchase
from and maintain in any company or companies lawfully authorized
to do business in Florida, workers' compensation insurance for
protection from claims for damages because of bodily injury,
including death, and from claims for damages, other than to the
Work itself, to property which may arise out of or result from
contractor's operations under this Agreement, whether such
operations be by Contractor or by Subcontractors or by anyone
directly or indirectly employed by any of them. This insurance
shall be written for not less than the limits of liability required
5
by law, and shall include contractual liability insurance
applicable to Contractor's obligations under Paragraph 11.
Coverage-B, Employer's Liability, shall be written for a minimum
liability of $100,000.00 per occurrence.
(b) Commercial General Liability: Contractor shall
provide and maintain during the life of this Agreement, at
Contractor's own expense, Commercial General Liability insurance on
an occurrence basis for a minimum of $1,000,00.00 per occurrence
for claims of bodily injury including death, and $500,000.00 for
property damage.
(c) Commercial Auto Liability: Contractor shall provide
and maintain during the life of this Agreement, at Contractor's own
expense, Commercial Auto Liability insurance on an occurrence basis
for a minimum $100,000.00 per occurrence for claims of bodily
injury, including death, and $300,000.00 for property damage.
13. Performance Bond: Contractor shall purchase and maintain
throughout the duration of this Agreement a Performance Bond in an
amount equal to 110% of the face amount of the Contract Sum, unless
such requirement is specifically waived or modified in writing by
the City. Said bond shall be with a surety insurer authorized to
do business in the State of Florida. In lieu of said bond,
Contractor may obtain and deliver to the City an irrevocable letter
of credit from a qualified lending institution in an amount equal
to the Performance Bond required. Contractor shall submit to the
City proof of said surety bond or letter of credit upon execution
of this Agreement.
14. Assiqnment: Contractor shall not assign this Agreement
to any other persons or firm without first obtaining the City's
written approval.
15. Notices: Ail notices, requests, consents, and other
communication required or permitted under this Agreement shall be
in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed to:
IF TO THE CITY:
City of Sebastian
Attn: Joel Koford, City Manager
1225 Main Street
Sebastian, Florida 32958
WITH A COPY TO:
Clifton A. McClelland, Jr., Esq.
City Attorney
c/o Potter, McClelland, Marks
& Healy, P.A.
Post office Box 2523
Melbourne, Florida 32902-2523
IF TO CONTRACTOR:
Custom Carriages, Inc.
18754 E. Colonial Drive
Orlando, FL 32820
16. Time: Time limits stated in the Contract Documents are
of the essence of this Agreement. By executing this Agreement,
Contractor confirms that the contract time is a reasonable period
for performing the Work.
17. Conflict of Interest:
(a) Contractor represents that it presently has no
interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services
required hereunder, as provided by law. Contractor further
represents that no person having any such interest shall be
employed in performance of the Work.
(b) Contractor shall promptly notify the City in writing
by certified mail of all potential conflicts of interest prohibited
by existing state law involving any prospective business
association, interest or other circumstance which may influence or
appear to influence Contractor's judgment or quality of services
being provided hereunder. Such written notification shall identify
the prospective business association, interest or circumstance, the
nature of work that Contractor may undertake and request the
opinion of the City as to whether the association, interest or
circumstances would, in the opinion of the City, constitute a
conflict of interest if entered into by Contractor. The City
agrees to notify Contractor of its opinion by certified mail within
thirty (30) days of receipt of notification by Contractor. If, in
the opinion of the City, the prospective business association,
interest or circumstance would not constitute a conflict of
interest by Contractor, the city shall so state in the notification
and Contractor shall, at its option, enter into said association,
interest or circumstance and it shall be deemed to be not a
conflict of interest with respect to services provided to the city
by Contractor under the terms of this Agreement.
18. Compliance With Ail Applicable Federal Laws: Contractor
shall comply with all applicable federal laws that in any way
regulate or impact the Work, including, but not limited to, The
Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC
§1531, et seq.), Executive Order No. 11593, Executive Order No.
11988, Executive Order No. 11990, The Fish and Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL
90-542, as amended), The Demonstration Cities and Metropolitan
Development Act of 1966 (PL 89-754), Section 306 of The Clean Air
Act, Section 508 of the Clean Water Act, Executive Order No. 11738,
The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination
Act (PL 94-135), Section 13 of the Federal Water Pollution Control
Act (PL 92-500), Executive Order NO. 11246, Executive Order No.
11625, Executive Order No. 12138, Executive Order No. 12549, The
Davis Bacon Act (40 USC §276), the Occupational Safety and Health
Act and applicable regulations, and the Americans with Disabilities
Act (PL 101-336).
19. (a) Liquidated DamaGes: In the event Contractor
violates or fails to perform any provision of the Contract
Documents, then the City may elect to receive as liquidated damages
the amount(s) specified in the Contract Documents. It is expressly
acknowledged by Contractor that said payment shall not be
interpreted nor construed as a penalty, but is in fact a good faith
attempt to fix damages which the City will suffer in the event
Contractor fails to perform as required hereunder or violates any
provision of the Contract Documents.
19. (b) Duty of Repair: After the City's golf carts are
repaired and brought to "rental condition" for general public use
at city expense, the Contractor shall make all necessary
inspections, adjustments and repairs to the golf carts owned by the
City. The City at its expense must supply the parts for the repair
of the carts. The Contractor shall maintain the carts in a safe
and rentable condition for the public use of the golf carts. If
the Contractor provides parts to the City, such parts shall be
supplied at a discount of at least 10% below the manufacturer's
suggested price.
20. Bid and Pavment Bonds: Contractor shall purchase and
maintain such bid and payment bonds as are required by the City and
specified in the Contract Documents.
21. Druq-Free WorkPlace: Contractor, in accordance with
Florida Statute 287.087, hereby certifies that Contractor does:
(a) Publish a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for
violations of such prohibition.
(b) ~Inform employees about the dangers of drug abuse in
the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
(c) Give each employee engaged in providing the
commodities or contractual services that are required hereunder a
copy of the statement specified in Subparagraph (a).
(d) in the statement specified in Subparagraph (a),
notify the employees that, as a condition of working on the
commodities or contraCtual services that are required hereunder,
the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 1893 or of any controlled
substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such
conviction.
(e) Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's community, by any employee
who is so convicted.
(f) Make a good faith effort to continue to maintain a
drug-free workplace through implementation of Subparagraphs (a)
through (e).
22. Public Entity Crimes:
(a) Contractor hereby acknowledges, represents and
warrants:
(i) That a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida Statutes, means a violation of any
state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or
with an agency or political subdivision of any other state or of
the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
(ii) That "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt
or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, non-jury trial,
or entry of a ~lea of guilty or nolo contendere.
(iii) That an "affiliate" as defined in Paragraph
287.133(1) (a) , Florida Statutes, means:
1. A predecessor or successor of a person
convicted of a public entity crime; or
2. An entity under the control of any natural
person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the
9
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling
of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
(iv) That a "person" as defined in paragraph
287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services
let by a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
(b) Based on information and belief, the statement which
Contractor
has marked below is true i? ~elation ~o Contractor ·
submitting this sworn statement. [lnd~¢ate which statement
applies.]
Neither Contractor, nor any of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, nor any affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a
subsequent proceeding .before a Hearing officer of the
State of Florida, Division of Administrative Hearings and
the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place
Contractor on the convicted vendor list. [Attach a
of the final order.]
SENTATIONS
CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGMENTS,
AND WARRANTIES MADE IN THIS PARAGRAPH 22 TO THE
10
CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES ~ VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH THIS AGREEMENT iS EXECUTED. IN THE EVENT
THE TERM OF THIS AGREEMENT SHALL EXTEND BEYOND THE CALENDAR YEAR IN
WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE
CITY A NEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES,
ON PUBLIC ENTITY CRIMES, FORM PUR. 7068, AS REVISED FROM TIME TO
TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO
INFORM THE CiTY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017t FLORIDA STATUTES FOR
CATEGORY TWO OF ./~NY CHANGE IN THE INFORMATION CONTAINED IN THIS
P/~RAGRAPH 22.
23. Entire and Sole Agreement: Except as specifically stated
herein, the Contract Documents constitute the entire agreement
between the parties and supersede all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in the Contract Documents. Neither party
has in any way relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, statements,
promises or understandings not specifically set forth in the
COntract Documents.
24. Successors and Assigns: Except as otherwise provided in
the Contract Documents, all covenants and agreements of the parties
contained in the Contract Documents shall be binding upon and inure
to the benefit of the respective successors and assigns of the
parties.
25. Attorney's Fees: In the event of any action, proceeding,
suit or claim is filed, initiated or maintained to enforce any of
the provisions of the Contract Documents, the prevailing party
shall, in addition to relief to which it is otherwise entitled, be
entitled to recover such further amounts, to the extent lawful, as
shall be sufficient to pay the cost and expenses of enforcement,
including reasonable attorney's fees, both at trial and all
appellate levels.
26. Remedies: No remedy herein conferred upon any party is
intended to be, exclusive of any other remedy and each and every
such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise.
27. Governing Law: The Contract Documents shall be construed
and enforced in accordance with and governed by the laws of the
State of Florida, and venue for any action pursuant to the Contract
Documents shall be in Indian River County, Florida.
28. Amendments: Neither the Contract Documents nor any term
thereof may be changed, waived, discharged or terminated orally,
except by an instrument in writing signed by the party against
11
which enforcement of the change, waiver, discharge or termination
is sought.
29. ~: The failure of any of the parties at any time to
require performance of any provision of the Contract Documents
shall in no manner affect the right of such party at any later time
to enforce or require the same unless waived in writing. No waiver
by any party of any condition or breach shall be construed or
deemed to be a waiver of any other condition or any other breach of
any term, covenant or warranty contained in the Contract Documents.
30. Conflict: In the event of any conflict between the
provisions of this Agreement and any attachments or addendums
hereto, the provisions of this Agreement shall prevail.
IN WITNESS WHEREOF, the City has hereunto subscribed and
Contractor has affixed his, its, or their names or name.
ATTEST:
CITY:
THE CITY OF SEBASTIAN
Kathryn M. O'Halloran
CMC/AAE, City Clerk
By:
Name:
Title:
Signed, sealed and delivered
in the presence of:
CONTRACTOR:
CUSTOM CARRIAGES~ INC.
Name:
Name:
By:
Name:
Title:
12
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by as
of the CITY OF SEBASTIAN, FLORIDA, on
behalf of the CITY OF SEBASTIAN. He/she is personally known to me
or produced as identification.
Printed Name:
Commission Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by as
of CUSTOM CARRIAGES, INC., .on behalf of
CONTRACTOR. He/she is personally known to me or produced
as
identification.
Printed Name:
Commission Number:
My Commission Expires:
13
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
Resolution No. R-94-51
Advisory Board Procedures
APPROVED FOR SUBMITTAL BY:
Manager: .......
city
AGENDA FORM
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
)
10/6/94
10/12/94
Exhibits: R-94-51
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY ~;TATEMENT
City Council, at its September 14, 1994 Regular Meeting, recommended
language in R-91-38 to require City Council to interview all
applicants for City advisory boards. Resolution No. R-94-51 is
presented to you in legislative format.
Section 10 is amended in accordance with City Council direction.
A few minor housekeeping amendments were made.
Section 6 was deleted since the Police Department is no longer
conducting active warrant checks.
Sections 4.d., 7.b. and 8 were amended to conform to other language in
the resolution, whereby all positions are advertised for and all
applications received are considered for every position, even if an
incumbent seeks reappointment.
RE.C,,0MMENDED ACTION
Adopt Resolution No. R-94-51.
RESOLUTION NO. R-94-51
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ~DVISORY BOARDS,
COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM
PROCEDURES FOR APPOINTMENT; PROVIDING FOR LENGTH OF
TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING
FOR ALTERNATIVE MEMBERS; ESTABLISHING DUTIES OF THE
CITY CLERK; PROVIDING FOR UNIFORM APPLICATION;
B~PAB~MBNT~ PROVIDING FOR RESIGNATION AND
REAPPOiNTMENT; ESTABLISHING A PROCEDURE TO FILL AN
UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR
SOLICITATION OF APPLICANTS BY THE CITY CLERK;
ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING
THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND
FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR
REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Home Rule Charter of the City of Sebastian and
the Code of Ordinances enacted pursuant to its authority allow
the creation of appointive boards to assist and advise the City
Council in the performance of its duties; and
WHEREAS, the City Council desires to establish a uniform
procedure for appointment to such advisory boards;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. TERM. Except as specifically provided in the
Code of Ordir~ance or the Land Development Code of the City of
Sebastian pertaining to the Sebastian Code Enforcement Board, the
Sebastian Construction Board, the Sebastian Planning and Zoning
Commission and the Sebastian Board of Adjustment, the members of
all appointive boards, commissions, and committees shall be
appointed to a three (3) year term unless otherwise provided by
ordinance or Florida Statute. In addition, except as
specifically provided in the Code of Ordinances or the Land
Development Code of the city of Sebastian pertaining to the
Sebastian Code Enforcement Board, the Sebastian Construction
Board, the Sebastian Planning and Zoning Commission and the
Sebastian Board of Adjustment, terms for regular members of all
appointive boards, commissions and committees shall be staggered
so that no more than three (3) members shall be appointed in any
given calendar year.
Section Z. RESIDENCY. The majority of the members of each
appointive board, commission or committee shall be residents of
the City of Sebastian unless applicable Florida statute or City
ordinance requires that all members of such board, commission or
Committee reside within the corporate limits of the City. The
remaining members of all appointive boards, commissions, and
committees shall reside in Indian River County.
Sectio~ ~. ALTERNATIVE MEMBERS. All appointive boards,
commissions, and committees, except the Sebastian Code
Enforcement Board, shall have at least one (1) alternate member
with a maximum of two (2) alternative members.
Section 4. DUTIES OF THE CITY CLERK.
a. The City Clerk shall keep and maintain a list of the
names, addresses, and telephone numbers of all members of
appointive boards, commissions, and committees; their date of
appointment, reappointment, and term expiration.
b. The city Clerk shall timely inform the City Council and
city Manager of any changes made to the composition of any
appointive board, commission or committee.
2
C. The city Clerk shall provide each new appointee with a
copy of the publication entitled "Florida Commission on Ethics
Guide for Political Officers and Employees", the city Board
Handbook and related financial disclosure forms.
d. Two months prior to the expiration of the term of any
member of an appointive board, commission or committee, or in the
event of any vacancy on any such appointive board, commission or
committee, the secretary or clerk to any such appointive board,
commission or committee shall notify the City Clerk of such
oDeninq to enable the ~ Clerk to advertise the position.
~v~e-~e-~i~-e~e~-~h-~-ee~-e~-~-~~m~-~pp~e~e~s
The
city Clerk shall then provide the chairperson, the city Manager
and the city Council with a copy of pending applications
all
for
membership on such board, commission or committee, even if the
incumbent member intends to seek reappointment.
Section 5. APPLICATION.
a. The city Council shall provide a uniform application
which shall be completed by each individual seeking appointment
to a board, commission or committee.
b. Each applicant shall file a complete application with
the City Clerk which is signed and dated by the applicant. Each
applicant shall attest to the truthfulness of the information on
the application.
.....
a~. .... ~aeh-~{t~a~-~Ql~-~-~-~he-~ag~-~f~~~~
3
Section ~. RESIGNATION. Any member of an appointive board,
commission or committee who does not intend to seek reappointment
shall notify the ~ ~lerk and the chairperson of such board,
commission or committee at least two (2) months in advance of the
expiration date of his or her term of office.
Section ?. VACANCIES AND REAPPOINTMENTS.
a. Each member of an appointive board, commission or
committee who seeks reappointment shall notify, in writing, the
~ity Clerk and th~ respective chairperson of the board,
commission or committee, of the intention of such member to seek
reappointment at least two (2) months in advance of the term
expiration dat~
b. The chairperson shall present the reappointment of a
member alonq with D.ther Dendinq applications for the ~ to
the other members who shall vote to make a recommendation to the
City Council.
c. In no event shall any individual who has served as a
regular member of the appointive, board, commission or committee
for the greater of two (2) consecutive terms or six (6) years be
reappointed to serve another consecutive term as a regular member
of such appointive board, commission or committee unless no other
individual, who has otherwise legally qualified to serve as a
regular member of such appointive board, commission or committee
has filed an application with the city Clerk, which is then still
pending, seeking appointment to serve as a regular member of such
appointive board, commission or committee. This provision shall
not preclude such regular member from seeking appointment as a
regular member to another appointive board, commission or
committee.
d. In the event that the City Council fails to reappoint a
member for any reason prior to the expiration of the member's
term, the member shall continue to serve until reappointment is
ratified or a new appointment is confirmed.
e. Whenever a current or former member of an appointive
board, commission or committee is being considered for
appointment or reappointment to an appointive board, commission
or committee, the City Council shall consider the number and
nature of th~ 'memoranda of conflict previously filed by such
individual pursuant to Section 112.3143 of Florida Statutes.
Section S. UNEXPIRED T~RM. In the event that a vacancy
occurs prior to the expiration of the term, the chairperson of
the respective board, commission or committee shall place the
filling of such term on the agenda of the next regular meeting or
call a special meeting for the sole purpose of considering the
filling of such vacancy. The board, commission or committee may
recommend the filling of the unexpired term by appointment of an
alternate member or another a_D_mlicant for th__e ~osition. The City
Council shall review the recommendations of the board, commission
or committee prior to exercising its discretion in filling the
unexpired term.
~~. SOLICITATION FOR APPLICANTS.
a. The City Clerk shall, by press release in a newspaper
of general circulation in the City of Sebastian, notice open
positions at the request of board secretaries.
Section 10. INTERVIEW. The respective board, commission o__r
committee ~ may interview an applicant at a public meeting
however, the Eity Council shall ~ each apDlicant at a
pu. blic meetinq~ and Ba~4~--mem~e~--~--~--~e~r--~mm~ss~?
e~m~i~e~,-~--eb%~-e~u~e~ shall vote for their
~pp~meme~e selection at a public meeting designated for such
purpose.
Section 11. REMOVAL.
a. Prior to suspending or removing a member of an
appointive board, commission or committee, the City Council shall
specify sufficient facts to advise the affected member as to the
basis for his' Or her suspension or removal, provide reasonable
notice, and an opportunity to be heard prior to any action being
taken.
b. The city Council may suspend or remove from office any
member of an appointive board, commission or committee, for
malfeasance, misfeasance, neglect of duty, habitual drunkenness,
incompetence, or permanent inability to perform his or her
official duties.
c. The City Council may suspend or remove from office any
member of an appointive board, commission or committee, for the
falsification or omission of information requested on the
application form; the failure to attend three (3) consecutive
regular meetings of the respective board, commission or
committee, without being excused by the chairperson; being
adjudicated as incapacitated or incompetent by a court of law;
establishing permanent residency in contravention to the
conditions for appointment; or failing to file a financial
disclosure as required by Chapter 112, Florida Statutes.
d. The city Council may suspend from office any member of
an appointive board, commission or committee, who is arrested for
a felony or for a misdemeanor related to the duties of the office
or who is indicated or informed against for the commission of any
federal felony or misdemeanor or state felony or misdemeanor.
e. The city Council may remove from office any member of
an appointive board, commission or committee, who is convicted of
a Federal felony or misdemeanor or state felony or misdemeanor.
For purposes of this subsection, any person who pleads guilty or
nolo contendere or who is found guilty shall be deemed to have
been convicted,~ notwithstanding a suspension of sentence or a
withholding of adjudication.
f. The city Council may, in its discretion, reinstate any
member of an appointive board, commission or committee, at any
time prior to his or her removal.
7
g. The suspension of a member of an appointive board,
commission or committee, by the City Council creates a temporary
vacancy in such office during the suspension. Any temporary
vacancy in office created by the suspension of a member of an
appointive board, commission or committee under the provisions of
this section, shall be filled by a temporary appointment to such
office for the period of the suspension, not to exceed beyond the
term of the suspended municipal board member. Such temporary
appointment shall be made in the same manner and by the same
authority as provided by this Resolution for the filling of a
permanent vacancy in such office.
h. No member of an appointive board, commission or
committee, who has been suspended from office under this section
may perform any official act, duty, or function during his or her
suspension; receive any pay or allowance during his or her
suspension; or be entitled to any of the emoluments or privileges
of his or her office during his or her suspension.
i. If a member of an appointive board, commission or
committee is acquitted or found not guilty or is otherwise
cleared of the charges which were the basis of the arrest,
indictment, or information by reason of which he or she was
suspended unde~ the provisions of this section, the City Council
shall forthwith revoke the suspension and restore such member to
office.
Section
CHAIRPERSONS.
chairperson
12. SELECTION OF CHAIRPERSONS AND VICE
Whenever possible, the individual selected as the
and vice chairperson of an appointive board,
8
commission or committee, shall have served two (2) years as a
regular member of such appointive board, commission or committee,
and shall have attended at least ninety percent (90%) of the
meetings of such appointive board, commission or committee, which
such member was not otherwise excused from attending by the
individual serving as the chairperson of such appointive board,
commission or committee at such meeting or meetings.
Sectlon ~$. If any clause, section, or other part of this
Resolution shall be held by any Court of competent jurisdiction
to be unconstitutional or invalid, such unconstitutional or
invalid part shall be eliminated and shall in no way affect the
validity of the other provisions of this Resolution.
Section ~4. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
SEC?IOW ~5. This Resolution
immediately upon its adoption.
The foregoing Resolution was
Councilmember
by Councilmember
vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Francis J. Oberbeck
Councilmember Robert J. Freeland
shall become effective
moved for adoption by
The motion was seconded
and, upon being put to a
The Mayor thereupon declared this Resolution duly passed and
adopted this
ATTEST:
of
by:
, 1994.
CITY OF SEBASTIAN, FLORIDA
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
10
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Resolution No. R-94-50
Community Center, Yacht Club,
Council Chambers
APPROVED FOR SUBMITTAL BY:
City Manager: ~---%~
) Dept. Origin city ClerkLy'
)
) Date Submitted ~0/6/94
)
) For Agenda Of 10/12/94
)
) Exhibits: R-94-50
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
City Council, at its September 28, 1994 Regular Meeting, by consensus
directed the City Attorney to draft a resolution pertaining to use of
the City Council Chambers. Resolution No. R-94-50 is presented for
adoption.
RECOMMENDED ACTION
Adopt Resolution No. R-94-50.
W~ER~A8, ~he city of Sebastian owns and maintains a Yacht Club
and a Community Center for ~he use and benefit of its citizens and
a Ci:y Council Chambers for ~he operation of City government; and I
w~~, ~e promulgation of rules of conduc~ and procedure
will promote the general heal,h, safety, and welfare of ~hose I
persons utilizing such fac~lities; and I
WHEREAS, the City Co~cil deems i~ necessa~to i~pose ce~ain
fees for the use of such facilities in order ~o defray the cost of I
maintenance and repair.
NOW, THEREPORE, BE ZTREgOLVBD BY TKBOZTY OOUNC=L OF T~CZTY I
OF B.B~TZ~ ~I~ RI~R CO~, F~DA, ~ha~: I
~ ~'RU~S ~ ~G~TXON~. The CAty Co,oil her~y
adopts ~e following ~les and re~lations for the use of ~e ~
Sebastian Co~ity Cen~er and Sebastian Yacht ClX.
A. An a~plica=ion for a pe~it to use ~e Co~uni=y ~
Center or ~e Yacht Club must be completed on fo~s provided for ~
such pu~ose by ~e City Clerk. ~ a~plica~ion for a pe~it mumt
be receive~ by the City Clerk at least two wme~ prior to the date ~
~he re~es~e~ use.
I
B. The city clerk shall issue a use permit upon a
determination that the requested use is permissible pursuant to
this Resolution and all fees have been paid. In the event that the
proposed use may include activities involving ga~bling, alcoholic
beverages, the use of a facility after 11:00 P.M., or if an
admission charge is to be assessed, then the city clerk shall not
issue a use permit until directed to do so by the City Council.
C. A use permit for a group composed of minors shall be
issued only to an adult who accepts the total responsibility for
the supervision of each minor throughout the period covered by the
permit.
D. No admission fee or o~her charges may be imposed by
the permittee unless expressly authorized in the use permit. Prior
to issuance of the permit, the City Council shall make
determination that the proposed admission charge or other fee is
not intended to further a commercial purpose.
E. The serving of food and/or use of kitchen facilities
is prohibited unless specifically authorized in the use permit.
F. The applicant shall disclose to the City Clerk the
nature of the proposed activity and the anticipated need for extra
work by City personnel. In the event the City Clerk determines
that the permi~tee will cause extra work by City personnel as a
result of the proposed use, an additional fee shall be charged in
order to fully recoup such cost.
G. No decoration of any type shall be permitted without
the prior approval of the City. Any decoration utilized must be
removed by the permi=tee.
H. In the event that gambling activity is to be a part
of the permitted use, the City Council shall make a determination
that such activity is not in conflict with the general law of the
State of Florida.
I. No alcoholic beveragesof any type may be brought on
to the premises, dispensed, or otherwise consumed without prior
authorization of the City Council. The Council shall make specific
provisions in the permit with regard to consumption of alcoholic
beverages.
remove any
facility.
The permittee shall not, under any circumstances,
_
chair~, tables, or any other e~uzpment from the
Unless otherwise directed by the city Council, all
permitted activities shall cease no later than 11:00 P.M.
L. The permit:es shall bear the responsibility for the
control of the lights, thermostats, and other equipment in the
facility. Further, ~he permittse shall bear responsibility for the
unlocking and subsequent securing of the doors of the
t_he event that
facility. In
an applicant anticipates any special needs with
regard to heating, air conditioning, or lighting, he shall disclose
the details of such ne¢essities to the City Clerk at the time of
application.
is necessary.
The ClerX shall then determine if an additional fee
i M. The permittee is solely responsible and answerable
to the City for damages and to any injured person for any and all
I or injuries persons or properties resulting from =he
acciden~s
use of ~..~e facility ~uring the permi~ted period.
I N. The permittee shall ensure that =he facility is left
I in the same condition as it was in prior to the permitted use.
0. Use permits are not transferable.
i P. Any facility equipment utilized must be replaced in
i the facility's storage room after use.
SSOTION 2. NAINTENANOE DIP~SIT: A minimum deposit of Two
I ($250.00) accompany each application.
Hundred
Fifty
Dollars
must
This deposit is refundable if a facility is left in a clean and
I undamaged condition by the permit~ee. In the even= that the City,
Iin its sole discretion, determines that cleaning or repairs are
necessary after ~he permitted use, the deposit shall be forfeited.
I In the event that cleaning or repairs are not necessary, the City
i Clerk shall refund the deposit to the permittee within two (2)
weeks after the completion of ~he permitted use.
I ~TION~_u...OOMMUNITY CENTE~%T~S: The rates for the use of
i the Sebastian Community Center are hereby se~ as follows:
A. Four(4) hours flat rate - $100.00.
Each additional hour - $15.00.
Kitchen privileges - $25.00.
SEB&ST~NYACHT OLUB RAT~S: The rates for the use
of ~.he Sebastian Yacht Club are hereby set as follows:
A. Four (4) hours flat ra~e - $50.00.
4
B. Each additional hour -
¢, K£~chen priv£~eges - $25.00.
· ~OTION S. NON U~D~NT P2~TEJ= In t_he event that the
permi=~ee is no~ a residen= of =he City of Sebas=ian, an addi=ional
fee o~ ~enty-Fiv~ ~llars ($25.00) shall be
~~ MOT-POR-~XT OR~I~TXONS: In ~e event ~at
~he applican= is a school, church, or o~er =ax exempt ~n=l=y,
defined by =he In=ernal R. venue Semite Code, =he c~arges ~or use
of :he Sebastian Co.unity Center o~ ~he Sebastian Yacht Club shall
be one-half (1/2) of the reeler
~~ CO~RCIAL USS P~HIBITED: Neither the
Community center nor =he Sebas=ian Ya~ Club may be used for any
co~ercial ac=ivi~y. Such facilities mhall no~ be uie~ for any
profi~ making ac=ivity excep~ by a religious, political,
charitable, not-for-profit, or tax exemp= entity. Any a~ission
fee, eh=rants fee, cover charge, food or beverage charge, or any
other fee, charge, or donation associated wi=h the use of
c1~ or Community center mus= be approved by action of =he City
Counc£1.
~ ~' CITY COUNCIL CHAMBERS: No organization or group
may use the ci=y Council Chambers for the purpose of conducting a
me.ting or any other use unless such organization or grou~ is an
agency, board, commit=es, organization or unit of local, state or
federal government, or a public official who is conducting public
business. The City Council Chambers shall be used exclusively for
the purpose
of conducting governmental business by the City, its I
boards, committees &nd employee6 or other governmental agencies,
boards, committees, organizations or units of government or public
of£icials. Any non-Ci=y governmental agency, board, committee,
organization or unit of local, state or federal government, or a
public official who desires to use City Council Chambers must
receiv~ the approval of ~he city Manager prior to such use.
~ ~_~ CON~LZCT; Resolutions No. R-87-68, R-S7-68A and
R-89-2.0 and all other Resolutions or. parts of Reeolutions in
conflict herewith are hereby repealed.
~ Ag_= EFF~CTIFE D~TI~ This Resolution shall take
effect immediately upon its adoption.
The Mayor ~hereupon declared this Resolution duly passBd and
adopted this ~ day of ..... , 1994.
CITY OF SEBASTIAN, FLORIDA
By: --
~rthur L. Fi'r~ion, Mayor
ATTEST:
Kathryn M. of Halloran, CMC/AAE
(Seal)
M. The permittee is solely responsible and answerable
to the City for damages and to any injured person for any and all
or injuries to persons or properties resulting from the
accidents
use of the facility during the permitted period.
N. The permlttee shall ensure that the facility is left
in the same condition as it was in prior to the permitted use.
O. Use permits are not transferable.
P. Any facility equipment utilized must be replaced in
the facility's storage room after USe]
Hundred~Flfty Dollars ($250.00) must accompany each application.
_
Th~m deposit is refundable if a facility is left in a clean an~
undamaged condition by the pe~it:ee. In the even~ ~hat the City,
in its sole discretion, determines that cleaning or repairs are i
necessary after the permitted use, the deposit shall be forfeited.
In the event that cleaning or repairs are not necessary, the City I
Clerk shall refund
weeks after :he completion of the permitted use.
~CTION~.~ COMMUNITY CENTSIRATSS: The rates for the use of
the Sebastian Community Center are hereby set as follows:
the deposit to the permittee within two (2) I
Four (4) hours flat rate - $100.00.
Each additional hour - $15.00.
Kitchen privileges - $25.00.
SEB~STI~%NYACHT CLUB RATES: The rates for the use
of the Sebastian Yacht Club are hereby set as follows:
A. Four (4) hours flat rate - $50.00.
4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: SET PUBLIC HEARING FOR
REZONING OF AIRPORT PROPERTY TO
BE CONSISTENT WITH THE AIRPORT
MASTER PLAN
Approval for Submittal By:
City Manager ~~
) Agenda Number: 7-7.
)
) Dept. Origin: Community D, evelopment
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
) 1.
)
) 2.
) 3.
)
I0/q~29,4
10/12/94
Memo dated Augu/st 23, 1994 from
Planning & Zoning
Map indicating the area of rezoning
Section 7-4 of the Airport Master
Plan
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
N/A N/A N/A
I At its
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SUMMARY STATEMENT
regular meeting of November 10, 1993, the City Council approved the
Airport Master Plan. Section 7-4 and Map 7-4 depict the land use plan for
the airport. The c%rrent zoning of the airport property is consistent with
the adopted master plan, except for a strip of land west of the north/south
taxi way, which includes four existing fixed base operators.
At its regular meeting of August 18, 1994, the Planning and Zoning Commission
held a public hearing regarding the proposed zoning amendment. The
commission unanimously approved a motion recommending that the City Council
approve the rezoning to be consistent with the Airport Master Plan.
RECOMMENDED ACTION
Move to direct the City Attorney to draft an ordinance and set first reading
on October 26, 1994, and public hearing on December 7, 1994.
TO:
FROM:
REFERENCE:
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 I
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
MEMORANDUM
August 23, 1994
Mayor and City Council
Gerry Kubes, ~-/~'~
Planning and Zoning Secretary
Airport Re-zoning
At its regular meeting of August 18, 1994, the Planning and Zoning
Commission held a public hearing concerning re-zoning of the
airport property to be consistent with the adopted Airport Master
Plan, located at 299 East Airport Drive, Sebastian, Florida.
A motion was made by Mr. Barnes, seconded by Mr. Fischer to approve
the airport re-zoning to be consistent with the adopted Airport
Master Plan, located at 299 East Airport Drive, Sebastian, Florida
as shown on Map 7.4 amended.
A roll call vote was taken and the motion was carried 7-0.
\gk
airport.wp
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surface requirements. It has been suggested that a controlled burn in the RPZs would
enhance the natural environment and thus have a positive impact on the area. This also
represents a cost effective means for preparing the RPZs in accordance with Part 77 surface
requirements.
Only minor tr, ee trimming is required to prepare the portion of the approach to Runway 9
that occurs outside of the Airport boundaries. The power lines adjacent to Roseland Road
(SR 505) will have to be placed underground to eliminate their encroachment into the
Runway 9 approach surface.
7.4 Land Use Plan
The Airport Land Use Plan is illustrated on Map 7.4. Land uses on airport property have
been identified for aviation and non-aviation purposes. Key features of the Airport Land
Use Plan include:
Removal of the improvements from the J&S Aviation Inc. leasehold
and replacement with new facilities southwest of the Runway 31
threshold. A 1.0 acre leasehold site will be provided. Vehicular
access to the site will be provided by the extended Airport Drive
East.
Relocation of the improvements on the Golden Horn Aviation, Inc.
leasehold to an equivalent site on the west side of the Airport north
of the existing tenant facilities. Vehicular access to the site will be
provided by the new Airport Drive West.
The existing access road on the west side of the Airport will be closed
and a new road constructed to the north to serve the aviation
businesses in this area.
Land areas are reserved for T-hangars and/or corporate hangar
development on the west side of the Airport either north or south of
the Runway 9 threshold. Also, T-hangar and open air aircraft storage
areas are planned southwest of Runway 31 and vehicular access
would he .provided by extension of the new access roadways.
Because the Airport property was conveyed to he City under the
provisions of the Surplus Property Act of 1944, land areas not needed
for long-term aviation needs may be used for non-aviation related
revenue producing purposes. Compatible development can be
accommodated in the areas designated as industrial sites which are
located west of proposed taxiway "F" and east of Roseland Road in
the northeast quadrant of the Airport.
Land areas surrounding the Runway 4, 22, 27 and 31 ends will
continue to be used as a golf course.
4-8S2822/37P/10292
R7-7
0
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0° ',~.
~:~-~-' SEBASTIAN MUNICIPAL AIIRPORT
.... ~ ON SITE LAND USE PLAN
i City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-$570
SUBJECT: SET BOARD OFADJUSTMENT
HEARING FOR A VARIANCE REQUEST.
Approval for Submittal By:
CityManager ~~.
) Agenda Number:
)
) Dept. Origin: Community Development
) (BC)~
) Date Submitted: 09/29J94
)
) For Agenda Of: 10/12/94
)
) Exhibits:
) Application for Variance
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Community Development Department has received an application from Perry
L. Endelman requesting a variance to be approved to allow a septic and drain
field in the rear yard and the potable well to be in the front yard.
Since this is a quasi-judicial matter, staff will not submit any
documentations to ~he city council except for the application in order to
set the hearing date.
RECOMMENDED ACTION
Set hearing for the variance request by Perry L. Endelman.
PLEASE PRINT OR TYPE
I hereby make application to the Board of Adjustment of the City
of Sebastian, Florida for a hearing to resolve the matter(s) as
~tated.
STREET ADDRESS OF PARCEL IN ISSUE: /~iq,/G,S. JI£6.67--
AUTHORIZATION FROM OWNER TO SUBMIT THIS APPLICATION ON OWNERJS
BEHALF.
s~g~aeu~-e, O~ A~pli¢in~" Titie of Applic~'nt (if applioable)
Attac~ed heret~ is ~n ih~ation sheet outlinine the Board's
procedures.
A fee of one hundred dollars ($100.00) must accompany this
Appl ieation.
Approved Form
D ReSolution No.
ated=
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE 0-94-11 REGARDING GMC
A/qD MCR ZONING DISTRICTS.
Approval for Submittal By:
City Manager
) Agenda Number: ~'/~
)
) Dept. Origin: Communit~ Development
) Date Submitted: 10/06/94
)
) For Agenda Of: 10/12/94 .
)
) Exhibits:
)
) 1. Ordinance 0-94-11
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of April 6, 1994, the City Council directed
the City Attorney to draft an ordinance to amend the GMC and MCR Zoning
Districts to allow parking lots (without structures) as a conditional use
permit and amend the MCR Zoning District to allow bait and tackle shops as a
conditional use permit.
The proposed ordinance is consistent with the City Council's direction and
staff recommends approval of the first reading and set the public hearing for
final action.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-94-11 and set the public hearing
for November 16, 1994.
AN ORD3:M'ANC~ O~ TH:B CTTY O1P B]gBA~'rA~,
~ D~~ GODZ ~0 9B~X~
A COHDZ~ZO~ USE ZM TH ~X~ ~R~Z~ ~D
SB~ZOM 20A-6.~ O. O~ ~ OZTY
~ DIVB~M~ OODB TO ~D ~ ~DXTZO~
SUBSBCT~OM (33) T0 ?S~T ~EXHG ~ WX~O~
OO~ZTZON~ UBB XM ~ ~Z
~BZD~Z~ DZB~Z~ ~ ZM ~
~~X~ DZB~R2~ O~ ~ ~DB OF O~XN~GE~
OF T~ CITY OF ~B~BTZ~, F~RZD~; P~DZMG
FOR T~ ~P~L OF O~Z~Og~ OH ~TB OF
O~I~CBB IN ~LZCT ~WZTK; P~VZDXMG FOR
THE INCLUSION OF TKXB O~XN~CB
DE~~ CODE OF ~ CITY OF
F~RIDA; P~VIDINe A 8~~IL~TY
P~VIDZN~ FO~ ~TI~Z~TION~ ~
~ EFFEGTZ~ D~TE.
WHEREAS, the City Cou/~cil of the City of Sebastian, Florida,
has determined'that it is in the public interest ~o permit bait and
tackle shops in the Marine Commercial and Residential District as
a conditional use and ~o psrmi= the u~ilization of lots or parcels
for off-stree= parking without a building or structure on =he lot
or parcel; and
WHEREAS, the City Council of the Cl~y o~ Sebastian, Florida,
=hat Section 20A-6.1 C. 17. a. of ~he Code Of Ordinances,
City of s~baatian, Florida, should be amended to include bait and
tackle shops as a conditional use in the Marine Commercial and
ReSidential District: and
WHEKSAS, the City Council of t-he City of Sebastian, Florida,
finds that Section 20A-3.11 C. of ~he Code of ordinances,. City of
Sebastian, Florida, should be amended to include parking lots
without buildings or structures on the lots as a conditional use in
the G~neral Marine commerc~a~ Distr~ct~ and .
WHEREAS, ~he City Council of the c~=y of Sebastian, Florida,
finds that Section 20A-3.12 C. of the Code of Ordinances, city of
Sebastian, Florida, should be amended to include parking lots
without, buildings or structures on the lots as a conditional use in
=he Marine Commercial a~d Residential District~ and
WHEREAS, the City Council of the City of Sabastian, Florida,
finds that Section 20A-6.11 C. (33) of the Code of 0rdinance~, city
of Sebastian, Florida, should be added to include parking lots
without buildings or structures on the iota as a conditional use in
the Marine Commercial and Residential District and in the General
Marine Commercial District.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN,'iNDIAN RIVER COUNTY, FLORIDA, as follows~
~ That Chapter 20A, Section 20A-6.1 C. 17. a. of the
Code of Ordinances, City of sebastian, Florida in the City of
Sebastian Land Developm~t Code is hereby amended to read as
follows:
so~. 20A-$.x c. xv. Marine commercial A~ivi~ios.
&. &pplAoable sorting dist~iots. The following commercial
activities shall be permitted conditional uses wi~Ain the MCR
zoning district:
(1) Restricted
(2)
(4)
accessories.
convenience
goods and marine
and lounges, excluding drive-in and
fast food facilities.
commercial wet storage and boat rental.
Commercial dry storage.
Business and professional o£fioes.
Marine fuel sales.
waterfront related community facilities, including
sanitary pumpout facilities.
(8) Yacht clubs. I
(9) Bait and tackle shops.
(10) Other similar uses. I
~ That Chapter 20A, Section 20A-3.11 C. of the Code
of Ordinances, city of Sebastian, Florida in the city of Sebastian I
Land Development Code is hereby amended to read a~ follows: i
C. Conditional uses. In this district as a conditional use
a building or premises may be used for only the following I
conditional uses upon compliance wi~h applicable conditions stated
in Article VI and all other applicable provisions of this co~e, I
including site plan review and performance criteria. The planning
and zoning commission shall ascertain if such conditions and '1
m
m
provisions are satisfied. Appeal of such decisions by the planning
m and zoning commission mhall be heard by the city council. .
m conditional uses: Waterfront or marine related specialty
shops, home occupations, restaurant and lounges (excludin~ drive-in
mand fast food ~acilltie$), boat rental, marine fuel sales, yacht
clubs, business and professional offices, public and private
m utilities, public protective and emergency services, hotels,
m motels, cultural and civic activities, public or private not-for-
profit clubs, public parks and recreation areas, parking lots
without buildings or structure~ on the lot, and accessory umes.
' ~ ,That Chapt.r 20A, S.c~ion 20A-3.12 C- of th' C~d'
of Ordinances, C~ty of Sebastian, Florxda in the City of sebastxan
Land Development Cods is hereby amended to read as follows:.
,C. Conditional uses. In this district a building or
pr.mzs., ma~ b- us.d for the following conditional.use, upon
compliance with all applicable conditions state~ ~n Article VI and
m all other applicable provisions of this code, including site p~an
review and performance criteria. The planning a?d. zoning
m commi.~ion .hall a.c.rt,in if such condition, and prov~.~on, ar.
m satisfied. A~peal of such decIsions shall be heard by the city
council.
m Conditional uses: Bars and lounges, waterfront general
commercial activities, public parks an~ recreation, public and
m private utilities, public pro~ective an~ emergency services,
without a
hotels, motel and transient quarters, parking lots
building or Btructure on the lot. and accessory uses.
4
~ That the Code of Ordinances, City of Sebastian,
Florida in the City of Sebastian Land Development Code.is hereby
amended by adding =o Chapter 20A, by adding a Sectxon to be
numbered Section 20A-6.0 C. 33. which shall read as follows:
''' :~rkiipl~i~le zoning di.,ri:=.. Parking lots w~'~'~out
a building or s=ruc=ure on the lot or parcel shall
be permi=ted as a conditional use w~thin
following zoning distric=s: Marine commercial and
Residential District and the General Marine
Commercial District. A structure for ~he purpose
of this sec=ion means an edifice or building of any
kind.
Conditional use criteria.
Parking lots without a I
building or structure on the lo2 or parcel will be
allowed in t~he Marine commercial and Residential
Dis=ricO and =he General Marine Commercial District
provided ~/%e following conditions are met:
(1) A site plan mus~ be submitted and approved by
the
accordance with
Developmen~ code.
All parking lots
Planning and Zoning Commission in
Article X of the Land
accordance
must be landscaped in
wi~h Article XXII of ~he Land
Development Code.
~ec~ion ~ All provisions of the city of Sebastian Lan~
Development Code which are not specifically amended by ~hi~
Ordinance are hereby ratified and confirmed. .
~ All Ordinances or parts of Ordinances in conflict
herewith are hereby ~epealed. If any provision of this ordinance
i~ held to be invalLd or ~nenforoeable. by a court of competent
jurisdiction, the other provisions of this ordinance shall remain
in full force and e~£ect.
~gJ. igD_3-~ It is the intention of T/le City Council of the
city of Sebastian, Indian River County, Florida, and it is hereby
Provided that the provisions of this Ordinance shall become .and be
made a part of the Land Development Code o~ =~e City of sebastian,
Florida~ that =he sections of this Ordinance may be renumbered or
rele~ered to accomplish ~u~h £ntention~ and the word .ordinance"
may be changed to -section", .article" or other appropria~e words
to accomplish such intention.
Se_~2Lt~D_A~ Thi~ Ordinance shall become ef£eotive immediately
upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING~ THIS DAY OF , 1~94.
PASSED AND ADOPTED BY TH~ CITY COUNCIL OF THis CITY OF SEBASTIAN,
FLORIDA, ON -SECOND AND FINAL R~ADING, THiS ~ DAY OF
1994.
CITY OF SEBASTIAN, FLORIDA
By:
Title:,
ATTEST:
C~TY CLERK
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE 0-94-12 REGARDING
BUILDING HEIGHTS WITHIN THE
GENERAL MARINE COMMERCIAL
ZONING DISTRICT
Approval for Submittal By:
City Manager
) Agenda Number: ~. Z~.~
) Dept. Origin: Communitv Development
)
) Date Submitted:
)
)
) For Agenda Of:
)
) Exhibits:
)
) l. Ordinance 0-94-12
)
)
)
)
)
)
!0,06/94
10/12/94
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of September 7, 1994, the City Council
directed the City Attorney to draft an ordinance amending the General Marine
Commercial Zoning District regarding building heights.
This ordinance is consistent with the City Council's direction and staff
recommends approval of the first reading and set the public hearing.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-94-12 and set the public hearing
for November 16, 1994. ~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A,
SECTION 20A-3.12 OF THE CiTY OF SEBASTIAN LAND
DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE
MAXIMUM BUILDING HEIGHT IN THE GENERAL MARINE
COMMERCIAL DISTRICT TO PERMIT A MAXIMUM
BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE OF
iNDIAN RIVER DRIVE AND RETAINING A MAXIMUM
BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF
INDIAN RIVER DRIVE WITHIN THE GENERAL MARINE.
COMMERCIAL DISTRICT; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION
OF THiS ORDINANCE IN THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A
SEVERABILiTY CLAUSE; PROVIDING FOR
RATIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that all zoning districts adjacent to Indian River
Drive other than the General Marine Commercial District allow
maximum building heights of 35 feet west of Indian River Drive; and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that it would be in the best interest of the City that
Section 20A-3.12 of the Code of Ordinances, City of Sebastian,
Florida, be amended to permit a 35 foot maximum building height
west of Indian River Drive,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Chapter 20A, Section 20A-3.12 of the Code of
Ordinances, City of Sebastian, Florida, in the City of Sebastian
Land Development Code is hereby amended to read as follows:
e¢. 20A-$.12. GMC, General Marine Commeroial District.
A. Purpose and intent. The GMC, General Marine Commercial
District, is established to implement comprehensive plan policies
for managing land designated for marine waterfront commercial
development.
B. Permitted uses. In this district, as a permitted use, a
building or premises may be used for only the below stated uses.
All applicable provisions of this Code shall be satisfied,
including site plan review and performance criteria.
Permitted uses: Wet or dry storage of boats, boat sales and
rental, marine power sales and service, bait and tackle shops,
business and professional offices, restaurants (excluding drive-
ins), fish markets, marine related specialty retail sales and
services, yacht clubs, medical services-and accessory marine
related uses.
(Ord. No. 0-93-01, § 35, 2-24-93)
C. Conditional uses. In this district a building or
premises may be used for the following conditional uses upon
compliance with all applicable conditions stated in Article VI and
all other applicable provisions of this code, including site plan
review and performance criteria. The planning and zoning
commission shall ascertain if such conditions and provisions are
satisfied° Appeal of such decisions shall be heard by the city
council.
Conditional uses: Bars and lounges, waterfront general
commercial activities, public parks and recreation, public and
private utilities, public protective and emergency
services, hotels, motel and transient quarters, and related
accessory uses.
D. Residential uses as s~ecial uses. This district is
intended principally to accommodate marine related waterfront
commercial needs of the city. Nevertheless, residential uses as
specified may be permitted as a special use permit if approved by
the city council based on compliance with general criteria
regulating special use permits pursuant to section 20A-2.6 and all
applicable provisions of this code, including site plan review,
performance standards and special criteria cited below:
1. Density: The density shall not exceed twelve (12) units
per acre. Land in nonresidential land use shall not be
used in calculating residential density.
2. Minimum green area: The minimum green space shall be
fifty (50) percent of the land use for residential uses,
the same as for any other use within the GMC district as
stated in subsection 20A-3.12(E) (6).
3. Minimum living area: The minimum floor area required for
a single-family dwelling, excluding porches, terraces,
attached garages, carports and other unenclosed areas,
shall be one thousand (1,000) square feet.
Every single family dwelling unit shall be required to
provide a garage or carport. If a carport or similar
unenclosed vehicle storage structure is provided then the
principal structure shall contain a fully enclosed
utility storage area of at least sixty (60) square feet
which shall be designed as an integral part of the
principal structure. If a fully enclosed garage is
provided, then no utility structure shall be mandated.
Duplex: 750 square feet per unit; efficiencies: six
hundred (600) square feet per unit; one bedroom unit:
seven hundred (700) square feet per unit; two (2) bedroom
unit: eight hundred fifty (850) square feet per unit;
three (3) bedroom unit: one thousand (1,000) square feet
per unit; and each additional bedroom: add one hundred
(100) square feet per bedroom addition.
Minimum side yard setback: A side yard setback of
fifteen (15) feet is required.
Minimum distance between residential structures on the
same lot: 20 feet.
Parking and internal circulation: All off-street parking
requirements of section 20A-8.2 shall be complied with by
both nonresidential and residential uses.
Size and dimension criteria:
Minimum lot size: None; except ten thousand (10,000)
square feet for new subdivisions approved subsequent to
the adoption of this ordinance.
MinimUm lot width: None, except sixty-five (65) feet for
new subdivisions approved subsequent to the adoption of
this ordinance.
Maximum building height:
(a) East side of Indian River Drive: Twenty-five (25)
feet.
(b) West side of Indian River Drive: Thirty-five (35)
feet.
Minimum building setbacks from property lines.
(a) Front yard: 25 feet; provided, however, that the
City Council may grant a waiver of this requirement
up to a minimum of fifteen (15) feet on lots
fronting the Indian River where it is impractical
and unreasonable to accommodate such a setback due
to the narrow depth of the upland area measured
from the front property line to the mean high water
line. Notwithst~anding anything to the contrary in
the foregoing, this provision is not intended to
waive the off-street parking and on-site back-up
and turnaround area requirements of section 20A-8.2
of this Code.
(b) Rear yard: 15 feet.
(c) Side yard: 15 feet.
(Ord. No. 0-93-01, § 24, 2-24-93)
Maximum building coverage:
30 percent.
Minimum green area: 25 percent for nonresidential
deveiopment and fifty (50) percent for residential uses.
Where residential and nonresidential development is to be
located on the same site, the following pro rata open
space requirement shall be enforced:
OS = (NRA x .25 TA) + '(RA x .5 TA)
( TA ) (TA )
OS = Open space
NRA = Nonresidential acreage
Secti.on.
Development Code
Residential acreage
Total area
Ail provisions of the City
which are not specifically
of Sebastian Land
amended by this
Ordinance are hereby ratified and confirmed.
Section 4. Ail provisions of the City of Sebastian Land
Development Code which are not specifically amended by this
Ordinance are hereby ratified and confirmed.
Section 5. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed. If any provision of this Ordinance
is held to be invalid or unenforceable by a court of competent
jUrisdiction, the other provisions of this Ordinance shall remain
in full force and effect.
Section 6. It is the intention of the City Council of the
City of Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this Ordinance shall become and be
made a part of the Land Development Code of the City of Sebastian,
Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intention; and the word "ordinance"
may be changed to "section", "article" or other appropriate words
to accomplish §uch intention.
Section 7. This Ordinance shall become effective immediately
upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF , 1994.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF
, 1994.
CITY OF SEBASTIAN, FLORIDA
By'
Title:
ATTEST:
CITY CLERK
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-94-56
Florida City Government Week
Requested by Vice Mayor Corum
APPROVED FOR SUBMITTAL BY:
City Manager:.....~j~J
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
city Clerk'~
10/3/94
!0~12/94
Exhibits: R-94-56
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
S__UMMARY STATEMENT
Vice Mayor Corum has requested placement of Resolution No.
R-94-56 on this agenda to commemorate Florida City Government
Week, October 23 - 29, 1994.
RECOMMENDED
Adopt Resolution No. R-94-56.
RESOLUTION NO: R-94-56
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 23-29, 1994, AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, city government is the government closest to most
citizens, and the one with the most direct daily impact upon its
residents; and
WHEREAS, city government is administered for and by its
citizens, and is dependent upon public commitment to and
understanding of its many responsiblities; and ~
WHEREAS, city government officials and employees share the
responsibility to pass along their understanding of public
services and their benefits; and
WHEREAS, Florida City Government Week is a very important
time to recognize the important role played by city government in
our lives; and
WHEREAS, this week offers an important opportunity to spread
the word to all the citizens of Florida that they can shape and
influence this branch of government which is closest to the
people; and
WHEREAS, the Governor and Cabinet of the State of Florida
have set aside this week to recognize and honor the efforts of
city governments;
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF SEBASTIAN,
FLORIDa, as follows=
Section 1. That the City of Sebastian does encourage all
citizens, city government officials and employees to do
everything possible to ensure that this week is recognized and
celebrated accordingly.
Section 2. That the city of Sebastian does encourage
educational partnerships between city government and schools.
Section 3. That the City of Sebastian does support and
encourage all city governments to actively promote and sponsor
"Florida City Government Week".
Section 4.
resolutions in
Section
effect immediately upon its adoption.
The foregoing Resolution was moved
Councilmember .
seconded by Councilmember
being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis Oberbeck
CONFLICT. Ail resolutions or parts of
conflict herewith are hereby repealed.
EFFECTIVE DATE. This Resolution shall take
for
The
adoption by
motion was
and, upon
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN
ATTEST:
By:
Arthur L. F'Irtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
.(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3