HomeMy WebLinkAbout10231996 City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 23, 1996 - 6:00 P.M.
CiTY COUNCIL CitAMBERS
1225 MAIN STREET, SEBASTIAN, FLORYDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, 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-96~53)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Police Department Chaplain Frank Camillo
ROLL CALL
AGENDA MODIFICATIONS {]ADDiTI~ON$ AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of the Council
members present (R-96-53)
PROCLAMATIONS~.ANNOUNCEMENTS AND/OR PRESEN.TATIONS
96.214 A. Presentation of Plaque - Wayne Tozzolo - Construction Board
1-22
96,173
23-29
96.227
$1-43
8.
9.
10.
CITY ATTORNEY MATTERS
CiTY MANAGER MATTERS
CITY CLERK MATTERS
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council
so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 10/2/96 Workshop, 10/9/96 Regular
Bo
AdoptResolution No. R-96-84 - First 3-mendment to Skydive Sebastian Lease (City_ Manager
Transmittal 10/17/96. R-96-84. Amendment to Lease)
RESOLUTION NO. R.-96-84
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING RESOLUTION NO. R-96-57; APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST, ON BEHALF OF THE CITY, A FIRST AMENDMENT TO LEASE
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SKYDIVE
SEBASTIAN OF SOUTH FLORIDA, INC.; PROVIDING FOR AN INCREASE IN
THE TENT CAMPING AREA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
Adopt Resolution No. R-96-80 - Vacation of Easement - Lots 20 and 21. Block 105_
Sebastian Highlands Unit 2 (City_ Clerk Transmittal 10/16/96. R-96-80. Application.
Survey. StaffReportL Letters)
RESOLUTION.NO, R-96-8~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY,
FLOKDA' VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
~ SOUTH 5 FEET OF LOT 20 AND THE NORTH 5 FEET OF LOT 21, BLOCK
105, SEBASTIAN HIGI-[LANDS UNIT 2, LESS THE WEST 10 FEET THEREOF,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-35, 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.
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96.228
45-58
96.229
59-73
96.118
75-80
96.042
81-82
96.230
83-84
F.
G.
H.
Adopt Resolution No, R-96-81 - Vacation of Easement - Lots 19 and20. Block 105.
Sebastian Highlands Unit 2 (City ClerkTransmittal 10/16/96. R-96~80. Application.
Survey. StaffReport. Letters~
RESOLUTION NO. R-96-81
A RESOLUTION OF TH2E CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISItlNG, ABANDONING AND DISCONTINUING
~ SOUTH 5 FEET OF LOT 19 AND THE NORTH 5 FEET OF LOT 20, BLOCK
105, SEBASTIAN HIGHLANDS UNIT 2, LESS TI~ WEST 10 FEET THEREOF,
ACCORDING TO TH2E PLAT TI-~REOF, RECORDED IN PBI 5-35, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIX)ING AN EFFECTIVE DATE.
Adopt Resolution No, R-96-82 - Vacation of Easement - Lots 13 and 14. Block 117.
Sebastian Highlands Unit 2 (City Clerk Transmittal 10/16/96. R-96-82LApplication.
Survey. StaffReport. Letters)
RESOLUTION NO, R-96-82
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORID& VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE EAST 5 FEET OF LOT 14 AND TI--12E WEST 5 FEET OF LOT 13, BLOCK 117,
SEBASTIAN HIGHLANDS UNiT 2, LESS THE SOUTH 10 FEET THEREOF, AND
THE EAST 16.3 FEET OF THE WEST 38.9 FEET OF TI--IE NORTH .4 FEET OF THE
SOUTH 20 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 14,
BLOCK 117, SEBASTIAN HIGHLANDS, UNIT 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-35, 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.
Authorize the City Manager to Apply for COPS-MORE Grant and Approve Expenditure
of Confiscated Property Trust Funds in the Amount of $14,175 if Grant Approved by
Department of Justice (Police Chief Transmittal 10/16/96, Chief Memo 10/16/96,
Equipment List, Grant Information)
Lion's Club Request for Riverview Park - Steak Dinner Fundraiser - November 9, 1996 -
9 am to 6 pm - Electricity - Standard Conditions (City Clerk Transmittal 10/9/96, Lions
Club Letter 10/4/96)
Formal Approval for Lion's Club Use of Yacht Club for Fourth of July 1997 Meeting on
October 14, 1996 and Approve and Authorize the City Clerk to Schedule Monthly Fourth
of July Meetings (City Clerk Transmittal 10/16/96, Henderson Letter)
96.231
85-92
96.232
93-97
96.032
99-120
11.
12.
13.
PUBLIC HEARING
Procedures for public hearings: (R-96-53)
· Mayor Opens Hearing
· Attorney Readx Ordinance or Resolution
° Staff Presentation
· Public Input - Limit of 10 Minutes Per Speaker
· Staff Summation
· Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting,
Podium and State His/Her Name for the Record
When Called go to the
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Public Hearing in Accordance with Section74-33 Code of Ordinances and Adoption of
Resolution No. R-96-79 - Golf Course Rates (City Manager Transmittal. 10/16/96.
R-96-79)
RESOLUTION NO~,,R-96-79
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLOKIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE
MUNICIPAL GOLF COURSE; PROMULGATiNG A NEW SCHEDULE OF GREENS
FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF
ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER
TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER
CERTAIN CIRCUMSTANCES; AUTHORIZING TI-IE GOLF COURSE MANAGER
TO ADJUST TH]E SUMMER FEE SCHEDULE WITHIN TI-IE SPECIAL RANGE FOR
MARKETING PURPOSES; AUTHORIZING TH~ GOLF COURSE MANAGER TO
ADJUST THE RATION OF TEE-TIMES RESERVATION BETWEEN MEMBERS
AND NON-MEMBERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
COMMITTEE REPORTS/RECOMMENDATIONS
A. Tree Adviso~ Board
Approve "Trees are Beautiful" Art Contest (Community Development Transmittal
10/16/96, Information Package)
OLD BUSINESS
Approve Change Order to Martin Paving Company Contract for Runway 4-22
Reconstruction to Allow Substitution of 4" Coquina in Place of 3" Limerock Subject to
Nielsen Conditions and Authorize City Manager to Execute Change Order Subject to
FDOT Approval (City Manager Transmittal 10/16/96, USR Greiner Letter 10/15/96,
Martin Paving Proposals, City Manager Letter 10/17/96)
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14.
96.233
121-133
96.224
135-137
96.137
139-146
NEW BUSINESS
Deny Request for Vacation of Easement for Lot 37, Block 229, Sebastian Highlands Unit
10 Based Upon Recommendations of John Hill and Community Development Director
(City Clerk Transmittal I 0/17/96, Application, Survey, Staff Report, Letters)
Adopt Resolution No, R-.96-83 - Capital Improvement Budget - FY 96/97.-_Capital
Improvement Prggram - FY 97/2001 (CityMaln. ager Transmittal 10/16/96,~ R-96-83)
RESOLUTION NO. R-96-83
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADOPTING A CAPITAL BUDGET FOR FISCAL YEAR 1996-1997 AND
A 5 YEAR CAPITAL IMPROVEM]ENT PROGRAM FOR TI-IE CITY OF SEBASTIAN
FOR FISCAL YEARS 1997-2001; PROVIDING REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVEKABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading_ Set Public Hearing on November 20. 1996 for Ordinance No. O-96-31 -
Mayoral Election ~ Proposed Charter Revision (Ci _t_ty Clerk Transmittal 10/16/96. 0-96-
ORDINANCE .NQ, Q-96-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO
ARTICLE ii OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE
MAYOR AT A GENERAL ELECTION ON TIlE SECOND TUESDAY OF MARCH OF
EVERY ODD NUMBERED YEAR; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TI]ME AND PLACES
FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT
FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A
COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF
, SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
96.127
147-153
First Reading. Set Public Hearing on November 20. 1996 for Ordinance No. O-96-32 -
Airnort Leases - Forty_ Years (City Clerk Transmittal 10/16/96L O-96-32~
ORDINANCE NO..0-96-32 I
96.234
15.
16.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT TO TIlE ELECTORS A PROPOSED AMENDMENT TO
ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN
THE MAXIMUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY,
FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING TI-'IE CITY
CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER
COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
E. Golf Lessons (Discussion)
IINTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC
Which is not otherwise on the agenda - limit of ten minutes for each speaker
CITY COUNCIL MATTERS
B.
C.
D.
E.
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
Mayor Louise Cartwfight
17.
ADJOURN (All meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for
one half hour by a majority vote of City Council All meetings beginning at 7:00p. m. shall
adjourn at 10:30 p.m. unless extended for one half hour by a majority vote of City Council)
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 VF_2~ATIM RECORD OF THE PROCEEDINGS IS MADE, WttlCH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 P.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.
Upcoming Meeting~:
Regular City Council Meeting - Wednesday, November 13, 1996 ~ 6p.m.
Regular City Council Meeting - Wednesday, November 20, 1996 ~ 6p.m.
Regular City Council Meeting - Wednesday, December 11. 1996 ~ 6p.m.
Regular City Council Meeting - Wednesday, December 18, 1996 ~ 6p.m.
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 g FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP
WEDNESDAY, OCTOBER 2, 1996 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Workshop, unless approved by a majority vote of City Council prior to the Workshop
(in accordance with R-96-5 3)
1. Mayor Cartwright called the Workshop to order at 6:05 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
City CounciJ Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development
Bob Massarelli
Deputy City Clerk, Sally Maio
!
City Council Workshop
October 2, 1996 ·
Page
Two
Mayor Cartwright requested that item A. ii. "Review Proposed Meeting Procedures i
Ordinance" be pulled. There were no objections.
4. WORKSHOP ITEMS I
A. PROCEDURES
96.150 I. Review Prooosed Ouasi-ludicial Procedures Ordinance (City Attorney Memo 1
91ii]96. Pr~d~Ordinance) ' - - 1
The City Attorney gave a presentation and history of the establishment of quasi-judicial
procedures. She read from new legislation which allows that ex-parte communication
relative to land use matters need not be disclosed and there is no presumption of 1
impropriety, and read from legislation regarding people offering informational testimony
who are not parties or party intervenors. She stated that this language could be in the
form of a resolution rather than an ordinance to allow flexibility. I
Following a brief discussion and input from Council members, the City Attorney said she 1
will redraft with minor changes discussion in the form of a resolution and bring it back for
another short workshop.
96.129 ii. Review Pror>osed MeetinmProcedures Ordinance (See Memo Above. Proposed I
Ordinance~ -
The City Attorney said this item had been prepared under some misunderstanding of what 1
procedures the Council had requested and a request from the City Planner to unify
1
meeting procedure rules for other boards. She said she believed that what the Council I
wants is a unification of board appointment procedures and suggested a later workshop to
review the different sections on boards in the Code of Ordinances and Resolution No. R-
94-51. City Council concurred. 1
B. PROPOSED CHARTER REVISIONS i
96.127 I. Aimort Leases - Fif~v Years (Prooosed Ordinanc~
Following some discussion on the need for a longer lease to stay competitive with area I
airports, and a request by Mr. Halloran to allow existing tenants to renegotiate if
increased, a poll was taken.
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TAPE I - SIDE II (6:51 p.m.) l1
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City Council Workshop
October 2, 1996
Page Three
ROLL CALL:
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
- 40 years
- 40 years
- 50 years
- 40 years(wants to hear from tenants)
- 40 years
The City Manager said he would meet with airport tenants for their written input.
96.137
96.137
ii.
111.
Mayoral Elections and/or (City Manager Memo 9/18/96. Referenda Options)
Four Year Counci[Terms - Elections Eve~ Other Year (See Above)
The City Manager displayed prepared charts indicating alternative results of the two
charter revisions. Following a brief discussion City Council members opted for only
question number 1 relative to mayoral election. It was noted that since the other question
was not being considered, the two year mayoral election could begin in 1999.
D. PENDING LIST REVIEW .(List 9/26/96~
The City Manager reported on the following items:
96.009
96.021
Open number for Kiverfront matters
RESOLUTION NO. R-96-12 and R-96-13- Amending Airport Field Rules -
notices still need to go out
96.026
Sebastian Lakes (Lennar/PTC) Matters -final amended agreement will be
presented October 9, 1996
96.032
96.033
96.035
Airport Runway 4-22 - City Manager meeting with representatives of
FDOT, Greiner and Blackhawk on October 8, and that Eric Nielsen will
be at the October 9, 1996 meeting
Ordinance No. O-96-07 - Employee Career Service System - item is on
hold until a Human Resources Director is hired
Indian River County Recreation Department Agreement - this item still
needs to be coordinated
City Council Workshop
October 2, 1996
Page Four
96.059
96.099
96.112
96.122
96.123
96.125
96.127
96.131
96.132
96.133
96.134
Staff'to review Riverview Park rule #6 for possible revision - City
Manager reviewed and it is up to Council to decide if it wants to relax the
rule. Mayor Cartwright suggested the rule be amended The City
Manager said perhaps the policy needs review
Mechanical Engineers for Police Department building - City Manager has
negotiations set for October 3
Conceptual Stormwater Master Plan - City Manager to set up a workshop
for capital items (10/15/90
Conduct Workshop to Obtain Input from Middle and High School
Students on Recreation Needs - Mr. Taracka said this item is on hold for
Disposition of Former Utilities Building - Main and U.S. 1 - City Manager
met with John Malel~ and suggested the Chamber and Historical Society
meet to work out differences on use of the building
Revise Code Re: Burning -public hearing 10/9/96
Airport Manager and Airport Charter Revision - Council agreed at this
meeting to go to 40 years - City Manager to meet with tenants
Refine Code Re: City Council Expenses - City Manager owes an
ordinance to Council
Revise Code Re: Council Appointed Committees - Term Limits, Interview
Procedures, Handling Complaints Against Board Members - addressed at
this meeting by City Attorney and will be workshopped
Marina Purchase - not been addressed yet
Economic Development Fund from Occupational Licenses - City Manager
owes report
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City Council Workshop
October 2, 1996
Page Five
96.135
Civilian Review Board for Police Department - City Manager will meet
with Chief- discussed Sturm ismte - Council members concurred that they
had previously informed Mr. Sturm that there is nothing more the Council
can do for him
96.136
Wave Street - Alleviate Traffic from George Street - City Manager
suggested engineering review, look at one way traffic
96.137
Review City Charter - Four Year Council Terms and Mayoral
Election - addressed at this meeting - Attorney will draft ordinance for
mayoral election only
96.150
Resolution No. R-95~39 - Quasi-Judicial Procedures Review - add,~essed at
this meeting - City Attorney will draft an ordinance for another workxhop
96.151
Telecommunications Act Overview - City Manager and City Attorney to
review franchise ordinance and bring to Council pr~or to approval of the
franchise agreement
96.161
Complaints Regarding ATV's and Orange Grove Traffic - City said several
parties were meeting regarding alternative access other than DelMonte
and in the long term he suggested that a corridor study of the extension of
Fleming to U.S. I be done
96.179
Reject Bid for On-Site Sewage Disposal System for Barber Street Sports
Complex South for Redesign - to be rebid
96.183
TAPE ~ -SIDE 1(7:38 p.m.)
96.184
96.185
Resolution No. R-96-58 - Vacation of Easement - Lot 13, Block 180,
Sebastian Highlands Unit 8 - review surveys prior to any letter going to
DPR
Resolution No. R-96-59 - Vacation of Easement - Lots 22 & 23, Block
288, Sebastian Highlands Unit 10 - need hoM harmless agreement
prepared
Resolution No. R-96-60 - Vacation of Easement - Lot 12, Block 580,
Sebastian Highlands Unit 17 - review surveys prior to any letter going to
DPR
City Council Workshop
October 2, 1996
Page Six
96.188
Adopt Resolution No. R-96-63 - Conceptual Design for Walkway - East
Side of Indian River Drive - design submitted to FDOT- will bring back
report when further info received
96.190
Ordinance No. 0-96~24 - Parking in Residential Districts - being reviewed
- will report back on timeframe
96.191
Mini Storage Facilities - staff is preparing another ordinance
96.203
Construction Board Alternate Concerned Citizen position - being
readvertised
96.206
Ordinance No. 0-96-30 - Division of Single Lots -public hearing 10/9/96
96.207
Private Use of City Owned Property or Interests -further discussion of use
of 700 Main Street building - had been 3-2 consensus for Historical
Society and Chamber to use building- Barnes expressed concern giving
away property
96.215
Reschedule November and December City Council Meetings - revised
November schedale to 11/13/96 and 11/20/96 - back on 10/9/96 agenda
95.012
Staff.to review and report on actual costs for applications and City
Attorney to dratt resolution imposing $1000 bond - City Planner and
Finance doing a cost analysis
95.075
Grant of Easement -Barber Street (Formerly Stratton Avenue) -will be
done as plat - tri-party agreement being drafted between Hyatt, City of
Sebastian and Indian River County to relocate right-of-way
95.152
Schumann Tennis Courts - bid specs approved and ready to go out
95.211
Sebastian Panthers - Barber Street Sports Complex Expansion and
Schumann Football Field improvements - budget approved and shouM be
able to move ahead
Mayor Cartwright called recess at 7:50 p.m. and reconvened the meeting at 8:02 p.m. All
members were present.
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City Council Workshop
October 2, 1996
Page Seven
COUNCIL~AGEKMATTERS
I. Mayor Cartwtight
ii.
a) Will not be available on Thursday, October 3, 1996 at 4:30 p.m.
b)
CR5 l 2 Street Ligahts - The City Manager said he was meeting with
Dan Haywood, FPL on the lights
c)
City Stationary_ - Received Council consensus to allow Council
members to use City stationary for its correspondence, note when
the correspondence contains opinion of one member, and copy all
correspondence to the City Clerk
d)
Quasi-Judicial Heating Videotaping - Received Council consensus
that quasi-judicial heating special meetings do not have to be
videotaped
Vice Mayor Ba~
a)
People Using Vacant Property Without Perroi~sion - City Manager
to look at model ordinances and come back with a recommendation
b)
Portable Facilities on Construction Sites in Right-of-Way -
City Manager to look at alternatives to locating in right-of-way
c)
Construction Truck Damage to City Streets - City Manager to
review and come back with an ordinance
d)
Abandoned Homes Under Construction - City Attorney will check
with City Planner about posting of bonds - City Manager cautioned
about the economic impact of bonds for residential construction
e)
Stop Sand Removal from $,andridge - City Manager will copy
information he has from Fellsmere
f)
Direction to Cit_'tManager and. City Attorney - Questions ffo. m
Public -Concurrence that all questions are directed through the
chair
7
City Council Workshop
October 2, 1996
Page Eight
: i
g)
For Sale Signs on Vehicles on Public ProperW - City Manager said
this was an easy ordinance to dra~
iii.
iv.
h)
~ - Vice Mayor Barnes distributed a Vero ordinance
which provides for an application. The City Attorney said the City
Planner is formulating a form letter. The City Manager said he
believed the City can take down any signs in right-of-way.
Councilmember Damp
None.
Councilmember Halloran
a)
1~ - The City Manager said he'd look into the city's
political sign policy.
v. CouncilmemberTaracka
a)
Public Input at Workshops - Mayor Cartwright agreed that
workshops on single or limited items could have input (The current
resolution provides that City Council can take input if approved by
majority of Council at the beginning of the worl~hop)
b)
Change Mayor to Chairperson - Following discussion he agreed to
remain with Mayor referendum decided on earlier in the meeting.
vi. i~l~LMlrLlg.~ - None.
Being no further business, Mayor Cartwright adjourned the Workshop at 8:38 p.m.
Approved at the
,1996, Regular City Council Meeting.
Louise R. Cartwright
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
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2.
$.
4.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 u FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, OCTOBER 9, 1996 - 6:00 P.M.
CITY COUNCIL CttAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Cartwright called the Regular Meeting to order at 6:00 p.m.
The Pledge of Allegiance was recited.
No Invocation.
Ci _ty Council Present;
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
~taffPr¢$ent;
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development
Bob Massarelli
Deputy City Clerk, Sally Maio
Regular City Council Meeting
October 9, 1996
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS.)
Items not on the written agenda may be added only upon majority vote of the Council
members present (R-96-$$)
None.
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
96.217
Proclamation - National Food Bank.Week - October 13-19. 1996 - Walker Smith
Accepting on Behalf of Treamre Coast Food Bank
Mayor Cartwright read the proclamation and presented it to Walker Smith.
96.218
Proclamation - Rape and Assault Prevention Week - October 14-21.1996 - Requested bv
Robert Reinhalter ortBehalfofRape Awareness & Prevention Organization - Internatiotm!
Mayor Cartwright directed the City Clerk to mail the proclamation to Robert Reinhalter.
96.032
C. Aim_off Runway 4-2ZReconstruction Project
The City Manager gave a brief update on the meeting held on October 8, 1996 with
FDOT representatives, Eric Nielsen, Greiner and Mr. Machata, Blackhawk Quarry. He
said a pre-construction conference will be conducted October 14 at which time Martin
Paving is expected to submit a value engineering report.
7. CITY ATTORNEY MATTERS
None.
8. CITY MANAGER MATTERS
The City Manager gave an update on a proposal obtained for the purchase of the sound and
recording system for the Council Chambers; reported on the scrub lot purchase situation, noting
that it might be appropriate to send a letter to Fish and Wildlife reiterating the City's position; said
the scrub property within the St. Sebastian PUD purchase area will be set aside by Indian River
County for mitigation;
2
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Regular City Council Meeting
i October 9, 1996
Page Three
said that Council will meet on October 15, 1996 to review the Capital Improvements program but
will not take action until October 23 to give Planning and Zoning an opportunity to review it on
October 17.
CONSENT AGENDA
All items on the consent agenda are considered to be routine andwill 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 - 9/18/96 Special (Budget), 9/25/96 Workshop, 9/25/96 Regular
96.003
Bo
Adopt Resolution No. R-9..6-77 - Community Development Director lob_Description (Ci~
Manager Transmittal 10/3/96. R-96-77. Job Description)
RESOLUTION NO. R-96-77
96.219
A RESOLUTION OF TI-tIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORJI)A, ADOPTING A JOB DESCRIPTION FOR TIlE POSITION OF
COMMUNITY DEVELOPMENT DIRECTOR; PROVIDING FOR INCLUSION OF
SUCH JOB DESCRIPTION IN ~ CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
Adopt Resolution No. R-96-78 - City Planner II Job Description (City_Manager
Transmittal 10/3/96. R-9.6-78, Job De~cription~
RESOLUTION NO. R-96-78
A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADOPTING A JOB DESCRn~TION FOR THE POSITION OF CITY
PLANNER II; PROVIDING FOR INCLUSION OF SUCH JOB DESCtLIPTION IN
THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PANE) PROVIDING FOR AN EFFECTIVE DATE.
Regular City Council Meeting
October 9, 1996
Page Four
· !
96.029 D.
Bid Award for Annual Type S-3 Asphalt Resuff'acing Contract - Ranger Construction
Industries, Inc. and Purchase of Type S-3 Asphalt from Dickerson of Florida, Inc. and
MacAsphalt a Division of APAC Florida, Inc. on As-Needed Basis (Public Works
Director Transmittal 10/2/96, PW Director Memo 10/1/96, Bid Summary and Tabulation
Sheet)
96.049 E.
96.215 F.
96.220 G.
96.O9O H.
Approve First Amendment to Cost Share Agreement with St. Johns River Water
Management District - Riverview Park Shoreline Restoration Project (City Manager
Transmittal 10/3/96, SJ'RWMD Letter 9/18/96 and Memo 9/12/96, Agreement)
Formal Approval of November Meeting Schedule - 11/13/96 and 11/20/96 (City Clerk
Transmittal 10/3/96)
Approve Request from Pelican Island Preservation Society to Use Riverview Park -
Sunday, March 9, 1997 - 94th Anniversary of Pelican Island National Wildlife Refuge - 9
am to 4 pm - Use of Electricity - Standard Conditions (City Clerk Transmittal 10/1/96,
Davies Letter 9/14/96)
Amend Approval Date for Use of Riverview Park - Craft Club - Change 11/5/96 with
11/6/96 Raindate to 11/2/96 with 11/3/96 Raindate (City Clerk Transmittal 9/24/96, Craft
Club Letter, Minutes)
The City Manager read the consent agenda. The City Attorney read titles for Resolution
Nos. R-96-77 and R-96-78.
Mayor Cartwright pulled item G.
MOTION by Halloran/Taracka
I move to approve all items on the consent agenda with the exception of item G.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Regular City .'Council Meeting
October 9, 1996
Page Five
/ Item O - Pelican Island Preservation S0cietv Use of Riverview Park
Mayor Cartwfight suggested excluding the standard condition restricting sales of other
than handmade goods.
MOTION by Cartwfight/Damp
I move to approve the request from Pelican Island Preservation Society on
Sunday, March 9, 1997 including electricity with standard conditions excluding item 6.
ROLL CALL: Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye '
Mr. Barnes - aye
MOTION CAR.R_IED 5-0
10. PJ. TBLIC HEARING
Proceduresf°~Public hearings: (R-96-53)
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
Staff Presentation
PubBc Input - Limit of 10 Minutes Per Speaker
°Staff Summation
°Mayor Closes Hearing
°Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the
Podium and State His/Her Name for the Record
Regular City Council Meeting
October 9, 1996
Page Six
· I
96.125 A.
Second Reading. Public Hearing and Final Adoption of OrdinanceNo. O-96-16 -.
Outdoor Fires (City Manager Transmittal 10/3/96LO-96-16)
ORDINANCE NO. O-96~.16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLOILII)A, AME~ING SECTION 4248 OF THE CITY
OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES",
CHANGING THE TITLE OF SECTION 4248 TO "CONTROL OF OPEN
BURNING", PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING
FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING;
PROV-ff)ING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/11/96,
Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96)
Mayor Cartwright opened the public hearing at 7:23 p.m.; the City Attorney read
Ordinance No. O-96-16 by title only; and the City Manager gave a brief presentation.
Mayor Cartwright closed the public hearing at 7:25 p.m.
MOTION by Damp/Barnes
I move to approve Ordinance 0-96-16 burning ordinance.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
6
Regular City Council Meeting
I October 9, 1996
Page Seven
96.206
Second Reading. Public Hearing and Final Adoption o~5 Ordinance No. 0-_9.6-30 -
Division of Single Lots (Community Development Transmittal 10/2/96. O-c)6-30)
ORDINANCE NO, 0-96-3,0
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
AMENDING THE CLASSIFICATION OF SUBDIVISIONS TO INCLUDE DIVISION
OF A SINGLE LOT; REGARDING TIlE RESPONSIltlLITI:ES OF THE PLANNING
AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE
APPROVAL OF TH:E DIVISION OF A SINGLE LOT; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABI:LITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
9/11/96, Advertised 9/25196, 2nd Reading, PH and Adoption 10/9/96)
Mayor Cartwright opened the public heating at 7:26 p.m.; the City Attorney read
Ordinance No. 0-96-30 by title only; and the Community Development Director gave a
presentation.
11.
12.
Mayor Cartwright closed the public hearing at 7:30 p.m.
MOTION by Taracka/Barnes
I move to approve Ordinance 0-96-30.
ROLL CALL:
Mr. Taracka - aye
IX, ks. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
COMMITTEE REPORTS/REC.QMMENDATION$ - None
OLD BUSINESS - None
Regular City Council Meeting
October 9, 1996
Page Eight
13. NEW BUSINESS
96.026 A. Adopt Resolution No. R-96-72 r Ame.t~ding R:96-23 - Amending PTC/Lennar/Cit~ of
Sebastian Agreernent~ Amendment to Deyelgoers Agreement (Cit-v Manager Transmittal.
R-96-72. Age"ded Agreeme.t .....
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, ,A~,,, Ag,.,,,R~, EMENT AMONG THE CITY OF
SEBASTIAN, PTC ENTERPRISES, INC. ( PTC ') AND LENNAR NORTHEAST
PARTNERS
LIMITED
PARTNERSHIP
("LENNAR"), THAT AGREEMENT BEING
AN AMENDMENT TO THE DEVELOPMENT AGKEEMENT BETWEEN THE
CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR
SUBMITTAL OF A COPY OF THE RECORDED AGREEMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; 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-96-72 by title only.
The City Manager explained reasons for the amendment to the April 10th agreement and
gave a brief background on the matter.
MOTION by Barnes/Cartwright
I make a motion to approve Resolution R-96-72 amending R-96-23.
ROLL CALL: Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs.
Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Regular City Council Meeting
October 9, 1996
Page Nine
96.221/ B.
95.164
R I ti N -96-75- m ' - ' n
A r tr n i M a er ra it 110296 x' i wit B
~R-96-75, Addendum to Leas~
t:~ESOLUTtON NO. R-96-75.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF SEBASTIAN AND BRIAN E. BARRY SUBSTITUTING
AEROTRACE, INC. IN PLACE OF BRIAN E. BARRY AS TENANT;
AUTHORIZING Ti-IE CITY MANAGER TO SIGN AND TI-IE CITY CLERK TO
ATTEST, ON BEHALF OF TI~ CITY, THE AMENDMENT TO LEASE
AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-75 by title only and the City Manager gave a
brief explanation of the change.
MOTION by Halloran/Taracka
I move to approve Resolution No. R-96-75.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-O
9
Regular City Council Meeting
October 9, 1996
Page Ten
96.110 C. Adopt Resolution ~o. R~96-76 - CRA Engineering, Inc. Sutmlemental Am, eement No. 1
Riverview Park Parkin~ Area (Community-DeveloPment Di~'~etor Transmittal 10/3/96L
K~9- 6-76. Sun~lementa/Aereement N°. 1~ Scooe o~fWork~
RESOLUTION NO. R-96-76
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING TIlE CITY MANAGER TO SIGN AND TI-IE CITY
CLERK TO ATTEST; ON BEHALF OF THE CITY, SUPPLEMENTAL AGREEMENT
NO. 1 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN,
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT I-I~REWlTH; PROVIDING FOR SEVERABII, ITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-76 by title only and the Community
Development Director gave a brief explanation. He said there will be a public meeting of
the Citizens Advisory Task Force on October 22, 1996 for development of a design for
the Riverview Park North project. He said final approval will be by Council.
TAPE I ~ SIDE II (6:49 p.m.)
MOTION by Halloran/Barnes
I move to adopt Resolution R-96-76 authorizing the City Manager to sign and the
City Clerk to attest supplemental agreement # 1 with CRA Engineering.
ROLL CALL: Mrs. Damp - nay
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 4-1 (Damp - nay)
Regular City Council Meeting
October 9, 1996
I Page Eleven
96.222/ D.
95.035
Approve Eighteen Month Preliminary_ Plat Extension for Vickers Grove Subdivision.lo
Expire April 9~ 1998 (Community Development Transmittal 10/2/96~ Fischer & Sons
Letter 9/20/96, Site Map)
The Community Development Director presented the request for an eighteen month
extension and recommended approval.
Mrs. Damp said she recalled that the time limit for preliminary plat approvals was to be
extended to two or three years and requested this be looked into.
MOTION by Cartwright/Halloran\
I move to approve an eighteen month extension of the preliminary plat for Vickers
Grove Subdivision to expire April 9, 1998.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION C~D 5-O
i 96.223
I
I
Retentioaof Attorney Services for Existing Litigation - Citrus Utilities vs. General
Development Utilities and City of Sebastian - Richard E. Torp_7 of Amundsen. Moore and
Torp. y - Authorize City Attorney to Sign on Behalf of City (Ci~ Manager Transmittal
10/2/96. 9/9/96 Hansen/Torgy Letter. 9/24/96 Torpy Letter)
The City Manager recommended staying with Mr. Torpy because of his familiarity with
the case and the fact that the case is nearly finished.
11
Regular City Council Meeting
October 9, 1996
Page Twelve
MOTION by Damp/Halloran
I move to continue legal services of Mr. Torpy through the firm of Amundsen,
Moore and Torpy, authorizing the City Manager to sign the authorization on behalf of the
City of Sebastian.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
96.032
Change Order - Henry_ Fischer & Sons Leasing, Inc. - Construction of Driveway off
Ai~ort Drive West for Brian Barry_ (Aerotrace. Inc.) (Ci~ Manager TransmittaL1.0/2/96.
PW Cost Estimate~
The City Manager said he had received this request from Mr. Barry and recommended
that since other tenants had driveways installed, Mr. Barry's also be done in an amount
not to exceed $2,900.
MOTION by Damp/Cartwright
I move to authorize the appropriation from the airport funds of $2,900 for a
driveway for Aerotrace otherwise known as Brian Barry.
The City Manager said he had received a request from Skydive Sebastian for an additional
driveway which he chose not to consider because they had already had a driveway
installed like other tenants at the airport.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
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Page Th/rteen
15.
14.
-- ~'"t~z'l, Vl..Ve Oil [fie
Sebastian and rec-- ca~mg fill Were bffft~a,, Seoastia
sites. °~ended tha,· _ causing dim, ~:_ n resident for ~' -
"~nea down h~_'~'~mmy COnditi
~ure they 1- ~"~ m
~ eave co~io
Tut Co~elly, 149 ~Idare Ddve, Sebastian, objected to the proposal to one-way
Street.
Fred
. Winninger,
mcrease~dsaid~~der~irdD~ve, Se :- Wave
~"~ neeas an Atto~- ha?an, objectea
,-ey Wtth ener~. ~ to the Ci~ M~ager's s~a~
Sal Neglia, 461 Georgia Boulevard, Sebasti
increase; suggested a t' ·
~reviously Cond' · ~ .~me hmit be ad ~ an, Objected t
· ' o~yatve matters '"~, recommend~ ~ onyatve SebastF- ~" ~Ole rate
- ~ tnat Carl ~:~ a~ ~a t~at other
Bob Free/and, 733 W ' '~ner aha NO~a D~p
Council seats t~ ~-- entwo~h Street Sebastian,
~ ~tevent talking. -'
suggested the Mayor change ce~
Vice Mayor Ba~es a
?~ping area at e,_ _~ked the Comm,,~:. ~
~e~astian, ,~_' onyatve Sebastian -,tty Development .
ev~ew COmpliance ~ ~ata he Will meet ..:~,U~ner °f S~diw
--- ~pon ~. ~,~ t.~ Co~i~-
meetin~ ~ ~ . "invitation to the ~ .
~ ,u ue introduced a,~ ~_ . new Police
..u uo aa reVOcation.
13
Regular City Council Meeting
October 9, 1996
Page Fourteen
C. Mrs. Norma Damp
None.
D. Mr. Raymond Halloran
None.
E. Mr. Richard Taracka
Mr. Taracka suggested that Stonecrop Park be opened to canoes with elevated walkways
to protect the environment, stating he had talked to the City Manager and John Hill about
the matter.
The City Manager said he had discussed the matter with Mr. Hill and said it could be tied
in to the stormwater plan.
16. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 7:35 p.m.
Approved at the
,1996, Regular City Council Meeting.
Louise R. Cartwright
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
14
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City of Sebastian
1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
CITY COUNCIL AGENDA
TRANSMITTAL
SUBJECT:
Resolution No. R-96-84
1 st Amendment to Lease
Agreement - Skydive Sebastian of
South Florida, Inc.
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
City Manager
APPROVED FOR SUBMITTAL:
EXHIBITS:
- Proposed R-96-84
- 1st Amendment
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
City Council, at its October 16, 1996 Special Meeting, issued a Special Use Permit to Skydive
Sebastian of South Florida, Inc. for expansion of its camping area, contingent upon them meeting
certain conditions, one of which was amendment to the lease agreement between the City of
Sebastian and Skydive relative to the camping area.
R. ECOMMENDATION
Adopt Resolution No. R-96-84 approving and authorizing the City Manager to sign and the City
Clerk to attest, on behalf of the City, a first amendment to lease agreement between the City of
Sebastian and Skydive Sebastian of South Florida, Inc.
RESOLUTION NO. R-96-84
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-96-57;
APPROVI3iG AND AUTItORiZING THE CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND SKYDiVE SEBASTIAN OF SOUTH FLORIDA, INC.;
PROVIDING FOR AN INCREASE IN THE TENT CAM2PING AREA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council, following a public hearing thereon, issued a Special Use
Permit for a camping area to Sebastian Municipal airport sub-lessee, Skydive Sebastian of South
Florida, Inc., by adoption of Resolution No. R-95-57 on September 27, 1995; and
WlllgREAS, the City Council of the City of Sebastian, entered into a lease agreement for
real property located at the Sebastian Municipal Airport with Skydive Sebastian of South Florida,
Inc., by adoption of Resolution No. R-96-77 on September 14, 1996; and
WHEREAS, the Planning and Zoning Commission, following a public hearing thereon,
recommended to City Council the approval of a Special Use Permit for expansion of the camping
area, conditioned upon certain conditions; and
WHEREAS, the City Council, following a public hearing thereon, issued a Special Use
Permit for a expansion of the camping area to Skydive Sebastian of South Florida, Inc., by adoption
of Resolution No. R-96-73 on October 16, 1996, with certain conditions, one of which was that no
camping in the expanded tent camping areas, beyond the previously approved 30' x 30' area, shall be
permitted prior to a modification to the airport lease between the City of Sebastian and Skydive
Sebastian of South Florida, Inc.
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NOW, ~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 3. FIRST AMENDMENT TO AIRPORT LEASE AGREEMENT. The City
Council of the City of Sebastian hereby approves and authorizes the City Manager to sign, and thc
City Clerk to attest, on behalf of the City of Sebastian, the "First Amendment to Airport Lease
Agreement" between the City of Sebastian and Skydive Sebastian of South Florida, Inc., attached
hereto as Exhibit "A".
~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed, including Resolution No. R-93-$0.
~. EFFECTWE DATE. This Resolution shall take effect immediately upon final
passage.
The foregoing
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
2
The Mayor thereupon declared this Resolution duly passed and adopted this
..... ,1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Sea)
Approved as to Form and Content:
Valerie F. Settles, City Attorney
3
day of
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FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF SEBASTIAN
AND SKYDIVE SEBASTIAN OF SOUTH FLORIDA. INC.
This First Amendment is made and entered into this 23rd day of
October 1996, by and between the City of Sebastian, a political
subdivision of the State of Florida ("Landlord"), 1225 Main Street,
Sebastian, Florida, 32958, and Skydive Sebastian of South Florida,
Inc., 400 W. Airport Drive, Sebastian, FL ("Tenant").
WHEREAS, Landlord and Tenant have entered into that
certain Lease dated September 14, 1996, ("Lease"); and
WHEREAS, Landlord and Tenant have agreed to modify and
amend Section 8 of the Lease as set forth herein below.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Landlord
and Tenant agree as follows:
1. The foregoing recitals are true and correct and are hereby
incorporated herein by reference.
2. Ail capitalized terms used herein shall have the same
meaning ascribed to them in the Lease.
3. In the event of a conflict between the terms of this First
Amendment and the terms of the Lease, the terms of First Amendment
shall control.
4. The First Amendment to the Lease Agreement between the
City of Sebastian and Sebastian Skydive of South Florida, Inc.,
amends Section 8 and allows for the expansion of tent camping area.
5. Section 8 of the Lease between the Landlord and
Tenant is hereby amended to read as follows:
8. Used of Leased Premises.. The Tenant agrees
that no use of the Leased Premises will be allowed
or conducted in such a manner as to constitute a
nuisance or a hazard and that, in connection with
the use of the Leased Premises including the
operation, take-off and landing of aircraft
thereon, the .Tenant and its agents, employees,
contractors, licensees, invitees, and other persons
involved with the use of the Leased Premises will
observe and comply with all. applicable laws,
ordinances, orders and regulatlon~ prescribed by
lawful authorities having j.urisdlction over the
Leased Premises and the activities thereon. The
Tenant agrees that the lease premises shall be used
and occupied by the Tenant solely for the following
purposes or uses: . .
The operation of a~r~nautlcal business
and 9n aviation faclllty including a full
service ~arachute trainin? center, snack
bar, maintenance ope~atlon a~d apron
area, ten space recreatIonal vehicle park
and tent camping areas, as described on
site plan entitled ."Master ~lan
Improvements, Sebastzan Skyd~ve,
Sebastian, Inc.," sheet 1 of 2, dated
September 25, 1996. The follow~ng
activities shall be allowed when Clt~
approved facilitie~ are constructed.
Tra%ning Building w~th bath .a~d shower
facilities,, training facilities, off
street parking facilities, and fuel sales
through fuel f~rm all in accordance with
~,a_PT~OVed Site Plan and Resolution No.
Any use of the Leased Premises other than those
specifically stated above are expressly prohibited.
No other use may be conducted by the Tenant without
the express written consent of the Landlord. Such
consent may be withheld by the Landlord for ~ny
reason. All aeronautical businesses and activities
must be certified and licensed by th~ FAA in the
appropriate categories o'f their specific operation.
6. Except as modified hereby, all other terms and conditions
of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this
Agreement as of the day and year first above written.
CITY OF SEBASTIAN
~ By:~
Andrew Grimwade Thomas W. Frame
President, Sebastian Skydive City Manager
Sebastian, Inc.
By: ~
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal) .
Approved as to Form and Content.
Valerie F. settles, city ~6rney
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA FORM
City Manager:
StmSZCT: I aSZ aN0. "W
Resolution No. R-96-80 ]
Vacation of Easement - MGB Const. ]
Lots 20 & 21, Block 105, Unit 2 ]
] Dept. Origin: Ci~ Clerk
]
] Date Submitted: 10/17/96
APPROVED FOR SUBMITTAL BY: ]
] For Agenda Of: 10/23/96
~c2/, ('~a~Exhibits: R-96-80
~d' ] Application
] Survey
] No Objection Letters
] Staff Report
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIlt~D:
SUMMARY STATEMENT
We have received a request for an abandonment of the south 5 feet of Lot 20 and the north 5 feet
of Lot 21, Block 105, Sebastian Highlands Unit 2, less the west 10 feet thereof. All utilities have
been notified and have no objections. John Hill and the Director of Community Development
have recommended that certain conditions be met before the Resolution is recorded. Their letters
are included in your packet.
RECOMMENDED ACTION
Adopt Resolution No. R-96-80, which provides that the conditions imposed by John Hill and the
Director of Community Development be met prior to recording.
RESOLUTION NO. R-96-80
A RESOLUTION OF TItE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING TFIE SOUTH 5 FEET OF LOT 20 AND THE NORTIt $
FEET OF LOT 21, BLOCK 105, SEBASTIAN HIGHI, ANDS UNIT 2, LESS
TIlE WEST 10 FEET TIZi-EREOF, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-35, 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:
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:
repealed.
The South 5 feet of Lot 20 and the North 5 feet of Lot 21, Block 105, Sebastian
I-Iighlands Unit 2, less the West 10 feet thereof, according to the plat thereof, recorded
in PBI 5-35, of the Public Records of Indian River County, Florida.
ti~_c.![o__~ REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby
Sectio0 3, RECORDING. This resolution shall be recorded in the public records of Indian
River County, Florida upon completion of the conditions outlined in the staff report dated October 17,
1996.
Section.4,
upon its passage.
The foregoing Resolution was moved for adoption by Councilmember
EFFECTIVE DATE. This resolution shall be in full force and effect immediately
motion was seconded by Councilmember
The
and, upon being put to a vote, the vote was
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as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter W, Barnes
Councilmember Richard J. Taracka
Councilmember Norma J. Damp
Councilmember Raymond W. Halloran
The foregoing Resolution was duly passed and adopted by the City Council of Sebastian,
Florida, this
day of 19
CITY OF SEBASTIAN, FLORIDA
By:
Louise 1L Cartwfight, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
STATE OF FLOR.I~A
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River
County, Florida, to take acknowledgments, personally appeared Louise RL Cartwright and Kath _ryn IV[
~ 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 ,
1996.
Linda M. Galley
NOTARY PUBLIC,
STATE OF FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
Valerie F. Settles, City Attorney
CETY OF SEBASTIAN
APPLICATIOH FOR VACAT~0N DF EASEMENT(S)
~Thts request shall no be acoe~ted~nless completed in full)
NAME: MGBConstruction, Inc. for Nancy Wilson
ADDRESS: 2377 Woodlands Way, Deerfield, FL 33442
TELEPHONE NO. ~561-589-7472
*Individual, corso~:ation,
seal below .
TYPE OF ENTITY:* Individual
eft. ~ If corporation apply corporate
LEOAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
Between Lot 21 and 1/2 Lot 20 Block 105 Unit 2
Lawson-Street, Sebastian, F[ 32958
(Attach des6~iption on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item ~o be fJ. 11ed in by Building Offioial)
TYPE OF EASEMENT:.~}9I~'C_~ ¢x%~'%~'%~. ~,, ~,~ ~'~ ~
APPROXIMATE SIZE OF F~%SEMENT: //~ / feet in length /O/ in width
PURPOSE FOR REQUEST TO VACATE.' ~-~) CO~$~u c~c ~ ~O ,~_~.
(Explain in detail your need to release this easement)
~ HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement I request to vacate exists, or I em authorized
~Dre~ent this request to vacate by the owner of the reel
~TPe~~'' , -- - _
~ i~n Corpora~e Seal
( ) 1. Map, pla~, survey, or clear drawing at least 8 1/2" x 11"
showing ~he par=al et land on which the easement ~xists,
with parcel(s) of land adjacent ~o ~e easement requested
to be vaca~md. SHOW THE ~S~T CL~RLY ON DRAWINO.
( ) 2.
iN/A)
( ) 3.
(N/A)
( ) 4.
(N/A)
( ) 5.
Complete legal description of the parcel of land on which
the easemen~ exists i~ the full description cannot be
placed on the lines provided shove for the description.
Written authorization of the owner of the parcel of lend
o~ which the easement exists if the aDplicant is not the
owner.
IF IT IS NECESSAHY TO GRANT BACK ANOTHER 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" uDon submittal of this application to the
Office of the City Clerk. This application fee is not
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- COLLIER
125' ~
AYPORT
I-5 I0'
12,5' 12,5'
125'
DEMPSEY
2
\q
- 20 19 18 ~
-~ I 2 3
.LLI
NORIH 1/2
LOT 20
BLOCK 105
[VACAnt)
SOUTH 1/2
LOT 20
BLOCK 105
Cv~u~t i
( 50' RIGHT-OF-WAY )
LAXX/SO N STREET
~ 120.00' ~,~u,
~'"' CINTER OF I~TCH 'J¢~ 00¢
LOT 4
BLOCK 105 u.urr
LEGAL DESCRIPTION:
S 00°13'30'' ~' 120.00'
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120.00~ "'
LOT 21
BLOCK 105
I VACANT}
SCALE 1
NORTH
I
191,46'
LOT 22
BLOCK 105
[v~Nt i
LOT 2
BLOCK 105
(V~.~T)
LOT Zl AND THE SOUTH 112 OF LOT 20, BLOCK 105, SEBASTIAN
HIGHLANDS UNiT 2, ACCORDING TO THE PLAT THEREOF AS
RECDRDED IN PLAT BOOK S PAGES 34 THRU 't7 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
SURVEYOR'S NOTES:
1. BEARINGS SHO~/N ARE BASED ON THE CENTERLINE OF
LA~,I[/SON STREET AS S 00°13°'10' ~l/AS PER PLAT.
2. NO INSTRUMENT OF RECORD REFLECTING EASEMENT'S, RIGH'I'~ OF
WAy AND/OR OWNERSHIP ~/ERE FURNISHED TO THIS 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
I~CEPT AS SHOWN.
4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE 'X' PER
FLOOD INSURANCE RATE MAP 12061C007B E. DATED MAY4, 198g.
5. ELEVATIONS BASED ON ASSUMED DATUM. ELEVATION 50.00
A~SUMED ON THE CENTERLINE OF LAWSON STREET.
ABBREVIATIONS:
P-PLAT M-MEASURED R/W-RIGHTOF WAY NC-AIR CONDITION
~-CENTERLINE COV.-COVERED IS-LAND SURVEYOR
O.U,L-OVERHEAD UTILITY LINES CONC.-CONCRETE
PU&OE-PUBLIC UTILITY 6' DRAINAGE EASEMENT
PLS-PROFESSIONAL LAND SURVEYOR
PK-PARKER KALON ( BRAND NAME )
BOUNDARY SURVEY 8-16-1996 I SCALE 1'=20'
!
MAP OF SURVEY
CERTIFIED TO:
MR. Er MRS. '~/ILSON
MG8 CONSTRUCTION, INC.
LEGEND:
O - SET 518' IRON REBAR WITH PLASTIC CAP STAMPED "PIS 4896'
A - FOUND 1-114' P£ NAIL Er DISK
A* SET PK NAIL Er 1 · DISK
PREPARED BY:
CECRLE LAND SURVEYING. tNC,
FLORIDA LAND SURVEYING BUSINESS #6637
IO74g HIGHWAY U.S. 1, SUITE A, SEBASTIAN, FLORIDA 3zg58
PHONE (561) 38§-0§20
CERTIFIED CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF IN
CONFORMITY ~.'ITH THE MINIMUM TECHNICAL STANDARDS SET FORTH
8Y THE FLORIDA BOARD OF LAND SURVEYORS. PURSUANT TO CHAPTER
61G17-6 FLO,fflDA ADMINISTRATIVE CODE. THIS SURVEY IS PREPARED AND
CERTIFIED FOR THE EXCLUSIVE USE OF qTIE CLIENT OR CUENTS NAMED
HEREON, TI41~ SURVEY IS Nor VALID WITHOUT THE SIGNATURE AND THE
ORIGINA RA cD SEAL OF IDA LIC~
ORI~ED SEAL.,OF~-F~.~ 'A LImitED SURVEYOR AND MAPPER.
I F'EL~ BOOK 1"~0 ~] S,,E~', O, 1 t ~RO, ECr NUM,ER O~.,-~.A :
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ABANDONMENT OF EASEMENT
Staff Report
2.
3.
4.
5.
6.
7.
Project Name:
Requested Action:
Property of Nancy Wilson
Abandonment of the public utility and drainage easement located on
the south five feet of Lot 20 and the north five feet of Lot 21, Block
105, Sebastian Highlands Unit 2, less the west 10 feet thereof.
Project Location:
a. Address: 672 Lawson Street
b. Legal: Lots21 & l/2 of Lot 20, Block105,
Sebastian Highlands Unit 2
Project Owner:.
a. Name: Nancy Wilson
b. Address: 2377 Woodlands Way
Deerfield, FL 33442
Project Agent:
Name: John Laman, Vice President
MGB Construction, Inc.
b. Address: 945 Fellsmere Road, Unit #3
Sebastian, FL 32958
Project Description:
Narrative of proposed action: Application has been made for abandonment
of the five foot side yard public utility and drainage easements along the common
property line between Lots 21 and 20, Block 105, Sebastian Highlands Unit 2, less
the west 10 feet thereof. The owner wishes to construction a new home on one and
one-half lots.
b. Zoning:
C.
Utilities Comments:
RS-lO (Residential Single Family)
Land Use: LD (Low Density)
a. Florida Power & Light:
b. Southern Bell:
c. Falcon Cable:
Approved
Approved
Approved
d. Indian River County Utilities: Approved
e. Craven Thompson (drainage): Approved conditional upon:
1. Recorded Unity of Title to connect Lot 21 and south half of Lot 20
2. Recorded Deed of Easement granting back a new 5 foot easement for the
north 5 feet of the south half of Lot 20.
8. Community Development Director Comments: Approved conditional upon:
1. Recorded Unity of Title to connect Lot 21 and south half of Lot 20
2. Recorded Deed of Easement granting back a new 5 foot easement for the
north 5 feet of the south half of Lot 20.
3. That the applicant file an application for approval and receive approval of a
division of a single lot of lot 20.
9. Staff Recommendation: That the City Council find that the easement as
described below is without the public interest and finds no public necessity at the
present time or as regards the future growth of the city.
Staff recommends that the City Coundl approve the abandonment of the five foot side yard
public utility and drainage easements along the common property line between Lots 21 and
20, Block 105, Sebastian Highlands Unit 2, less the west 10 feet thereof. The recording of
the resolution should be conditional upon:
1. The applicant recording and providing the Community Development
Department a copy of a Unity of Title to connect Lot 21 and south half of Lot
20
2. The applicant recording and providing the Community Development
Department a copy of a Deed of Easement granting back a new 5 foot
easement for the north 5 feet of the south half of Lot 20.
3. The applicant filing an application for approval and receive approval of the
Community Development Department of a division of a single lot of lot 20.
PREPAR
ED BY bATE"
2
CRAVEN THOM~PSON & ASSOCIATES, INC.
Engineers
Planners
Surveyors
2770 Indian River Boulevard, Suite 203
Vero Beach, Florida 32960
Telephone: (407) 778-3002
Telefax: (407) 778-3000
September 16, 1996
Mrs. Kathryn O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958 Via Telefax: 589 5570 and US Mail
Re: Easement Vacation: Public Utility and Drainage Easement: the South 5' of Lot 20 and the
North 5' of Lot 21, Block 105, Sebastian Highlands Unit 2, less the West 10' thereof. Request for
vacation of easement by MGB Construction, Inc. for Nancy Wilson.
Dear Mrs. O'Halloran,
This firm does not object to approval of the vacation of the side lot easements as described,
provided that:
(1) the applicant shall file a unity of title for said Lot 21 and the South 1/2 of said Lot 20 and
(2) the applicant shall deed to the City a drainage easement for the North 5' of the South 1/2
of said Lot 20, which shall serve as a replacement easement for the vacated one.
Sincerely,
& Associates, Inc.
John President
17002
dda
JAN-16-'00 MON 22:13 ID: TEL NO: ~04@ P03
~OSO SE Brandon Circle
Port St. Lucle, FL 34952
FI=L
October 7, 1996
City of Sebastian
1225 Main
gebasti~n, FL 32958
Attn: Kathryn O'I-Ialloran
RE: Abandonment of Easements
Dear Kathy/n;
FPL has no objccfion fo the vacating of ~e following described easement:
Th~ south five feet of lot 20 and the north five fee~ of lot 21, Block 10:~. Sebastian
Highlands Unit 2, less the West ten feet thereof.
If ! can be of any assistance, please call me at 499-625a,
Sincerely;
l~ph Gram
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E×ECUTIUE SUPPORT NETbJORK a CITY OF SEBASTIN NO.?12 P003/005
CITY OF $~TI~~ P.1
City o~ Sebastian ~ ~ ~ ~,~ _.:'
TELEPHONE (~
~~~a he ,hnndn~
..... ·,
L~da CaUey, Ci~ of Seb=;tiam, C~ Clerk's Offic~ F=x No.
~E.P ~,0 ,~jc~ 0~,:47~t'1 CITY OF' ~TI~N~ ~
City of Sebastzan I
12~ MAIN STRE~ ~ SEBA~IAN, FLORIDA 3~
TELEP~NE (~ ~-~30 a F~ (40~ 589-~70 I
~ DF.~E~ET~ I
I
~0~ ~ ~ 0~10~ ~ , ~ ~0~
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Retara to: Llnda Galley, Cit7 of Sebastian, Cit7 Clerk's 0fllce~ l~sx No. I
09, lO, 96 0?__:53
CITY OF' /~;i/~R-~T1;FiI',I P, P. 1
I 1225 MAIN ~'"I'FIEET '~ SEBA~i'IAN, FLORIDA
TELF. PHONE (~7) ~-~ a F~ (~ 6e~70
Return t~: Linda Galley, City
City of Sebastian
1225 MAiN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-96-81
Vacation of Easement - MGB Const.
Lots 19 & 20, Block 105, Unit 2
APPROVED FOR SUBMITTAL'BY:
]
]
]
AGENDA NO.
Dept. Origin:
Date Submitted:
For Agenda Of:
Exhibits:
-22Y
City Clerk
10/17/96
R-96-81
Application
Survey
No Objection Letters
Staff.Report
EXPENDITURE
REQU]I~D:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUN[MARY STATEMENT
We have received a request for an abandonment of the south 5 feet of Lot 19 and the north 5 feet
of Lot 20, Block 105, Sebastian Highlands Unit 2, less the west 10 feet thereof. All utilities have
been notified and have no objections. John Hill and the Director of Community Development
have recommended that certain conditions be met before the Resolution is recorded. Their letters
are included in your packet.
~ECOMMENDED ACTION
Adopt Resolution No. R-96-81, which provides that the conditions imposed by John Hill and the
Director of Community Development be met prior to recording.
RESOLUTION NO. R-96,81
A RESOLUTION OF TFIE CITY OF SEBASTIAN, IND~ RIVER COUNTY,
FLORIDA, VACATING, ABOLISttING, ABANDONING AND
DISCONTINUING TI~ SOUTFI $ FEET OF LOT 19 AND TIlE NORTH -~
FEET OF LOT 20, BLOCK 105, SEBASTIAN HIGHLANDS UNIT 2, LESS
TI-IE WEST 10 FEET THEREOF, ACCORDING TO TH]g PLAT TFI]gREOF,
RECORDED IN PBI 5-35, 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:
repealed.
The South 5 feet of Lot 19 and the North 5 feet of Lot 20, Block 105, Sebastian
Highlands Unit 2, less the West 10 feet thereof, according to the plat thereof, recorded
in PBI 5-35, of the Public Records of Indian River County, Florida.
REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby
RECORDING. This resolution shall be recorded in the public records of Indian
River County, Florida upon completion of the conditions outlined in the staff report dated October 17,
1996.
.S..e.c_O__qn~ EFFECTIVE DATE. This resolution shall be in full force and effect immediately
upon its passage.
The foregoing Resolution was moved for adoption by Councilmember The
motion was seconded by Councilmember and, upon being put to a vote, the vote was
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as follows;
Mayor Louise R. Cartwright
Vice Mayor Walter W. Barnes
Councilmember Richard J. Taracka
Councilmember Norma J. Damp
Councilmember Raymond W. Halloran
The foregoing Resolution was duly passed and adopted by the City Council of Sebastian,
Florida, this day of ,19__.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/A. AE
City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I I--IEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River
County, Florida, to take acknowledgments, personally appeared Louise R. Cartwright and Kath ~ryn M.
O'Hallgran 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
1996.
Approved as to Form and Content:
Linda M. Galley
NOTARY PUBLIC,
STATE OF FLORIDA AT LARGE
My Commission Expires:
Valerie F. Settles, City Attorney
CTTY OF oSEB~STIAN
~P~L~CAT~DN FOR V~C~T~ON ~F
(This request sh~l~ n~ b~ accepted unles~ completed
~ ~nstr~tion, Inc. for ~ny ~sser
N~E:
ADDRESS.-- 63328 Victoria Drive, lenox, Michigan 48050
TELEPHONE NO. ~561-589-7472 TYPE OF ENTITY:* Individual
*individual, oo~:a~ion~ 's~. - If corporation
seal below .
DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
LEGAL
~tw~n Lot 19 & ~2 fot 20 Blk 105 Unit 2
Lawson Strut, Sebasti~, ~ 32958
DESCRIPTIVE LOCATION OF ~S~ME~ TO BE ABANDONED.'
(This item ~o be fillmd in by Building Official)
TYPE OF EASEMENT: ~D~J~ ~,~.~.(~ ~ ~C~,'~ ~
APPROXIMATE SIZE OF EASEMENT: //~ feet in length
PURPOSE FOR REQUEST TO VA~TE: ~O ~F~
I ~E~EBY CERTI~ that I, the Applicant, own the real propert~
which ~he essemen~ I request to vacate exists, or
~o ~esent this request to vacate by ~e owner of the reml
~t~ach hereto ~he following:
( ) 1. Ma~, ~lat, su~e~, or clear drawing at l~ast 8 1/~"
showing ~he Dar=s1 of land on which ~he easement exists,
wi~h parcel(s) o~ land adjacent to the easement requested
%o be vacated. SHOW THE ~SEM~T C~EA~Y ON DRAWINg.
.(
(N/A)
( ) 3.
(N/A)
Complete legal description of the parcel of land on which
the easement eXiSts if the full description cannot be
placed on the lines provided shove for the description.
Written authorization cf the owneT of the parcel of land
On which the easement exists if the applicant is not the.
owner.
( ) 4.
( N/A )
( ) 5.
IF IT IS NECESSARY TO GRART SACK ANOTHER EASEMENT TO
REPSACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT 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 Clt~ Clerk. This application fee is not
refundable. The fee is $25.00.
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SEPTIC
TAN lC
LAWSON STREET
....... ~ ;~-~'-,~-- ......
7~' TO ~ PAYMENT
x S 00°13'30" ~ 120.(~0'
LINE
PRO~SEO
~ I SE.lC TANK ~ I
D~IN FIE~
STORY RESIDENCE
SOUTH 1/2
LOT gO
~LO~K ~0~
NO~TH 1
LOT 20
BLOCK 105
(Y~T)
20.5'
7.0'
S.0' 7.0'
JSCALE 1'=20' J FIELD BOOK1g-]9
LOT 19
,~, BLOCK 105 .o~ED ~L
c~,,,~,, r, coNc. OECK I
00°13'30"' E 120.00' ,.
LOT 6 N ~,~',,~-,,,,.-'~.~ ·
BLOCK 105. ~ ~ LOT 23
~ ~.~CT~ ~ '" BLOCK 360 -
LEaL D~CRI~ON: CERTIFIED TO; ~ejecT PARCEL
LOT lg AND ~E NOR~ 1/2 OF LOT 20. BLOCK 105. SE~S~AN TONY P. ~ DIANE L BESSER
HIGH.NOS UNIT 2. ACCORDING TO THE P~T ~EREOF ~ ~ PROF~SIONAL ~E OF INDIAN RIVER. INC.
RECORDED IN P~T 8OOK $ PAGES ~4 THRU ~7 OF THE ~BL[C ~ART TITLE GUA~N~ CO.
RECORDS OF INDIAN RIVER COUNt, FLORIDA. 8ARN~ BANK OF ~E TREASURE COAST
SURVEYOR'S NOTES: MG8 CONSTRU~ION, INC.
1. B~RINGS SHO~N ARE BASED ON THE CENTERLINE OF LEGEND:
~SON STRE~ AS S ~e 1 ~'~0' ~ AS PER P~T. O- S~ 518' IRON REBAR ~ITH P~STIC ~P STAMPED "PLS 4896'
~- FOUND 1' IRON PIPE
2. NO INSTRUMENT OF RECORD REFLEXING ~SEMEN~. RIGH~ OF A- FOUND 1-114' PK NAIL & DISK
~AY AND/OR O~NERSHIP ~ERE FURNISHED TO THIS SURVEYOR A- S~ PR NAIL ~ 1 ' DISK
~CE~ AS SHO~N. NO TITLE O~NION IS ~PRESSED OR IM~IED. ~- FOUND NAIL
.3. ~lS SURVEY IS NOT INTENDED TO LO~TE EXISTING UNDERGROUND PREPARED BY:
FOUNDATIONS. ENCROACHMEN~ OR ANY iMPROVEMENTS CECRLE ~ND SURVEYING, INC.
~CE~ AS SHO~N. FLORIDA ~NO SURVEYING ~USINESS ~6637
4. ~E LOT SHO~N HEREON IS LO~TEO IN FLOOD ZONE 'X' PER 1074g HIGH~AY U.S. 1. SUITE A. SEBASTIAN, FLORIDA
FLOOD INSU~NCE ~TE MAP 12061C~78 E. DATED MAY 4. lgBg. PHONE (561) ~88~520
CE~FIED CORRE~ TO ~E BEST ~F MY KNOWLEDGE AND BELIEF IN .
5. ELEVATIONS BASED ON ASSUMED DA~M. ELEVA~ON ~0.~ CONFORMI~ WiTH THE MIHIMLIM TECHNI~L ~ANOARDS S~ FORTH
ASSUMED ON THE CENTERLINE OF ~5ON STREET, BY ~E FLORIUA BOARD OF ~NO SURVEYORS, ~RSUANT TO CHAPTER
ABBREVIATIONS: 61G17-6 FLO,.IOA AOMiNIST~TIVE CODE. THIS SURVEY IS PREPARED AND
CERTIFIED FQR THE ~CLUSIVE USE OF THe C~Er~T OR CLIENTS NAMED
P-P~T M-MEASURED ~-RIGHT OF ~AY ~C-AIR CONDmON HEREON, ~tIS :URVEY IS NOT VALID ~ITHOUT THE SIGNA~RE AND THE
~ENTERLINE COV.-COVERED ~-~ND SURVEYOR
O.U.L.~VERH~D UTILI~ LINES CONC.-CONCRETE ORIGIN~RA~ S~L OF A~A LICENSED SURVEYOR AND MAPPER.
P~-PROFESSIONAL ~ND SURVEYOR THOMAS ~NDALL CECAl. ?.L.5. 896 ~
PK*PAR~ER ~LON ( B~NO NAME ) 8OUNOARY SU~EY
O~
,~o "~ "..L.,-,I" I" I" I~o
COLLIER
125'
125'
DEMPSEY
I -
10 ~
105'
O~
I-AYPORT
- 20 19 18
VOCELLE
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ABANDONMENT OF EASEMENT
Staff Report
Project Name: Property of Tony Besser
Requested Action: Abandonment of the public utility and drainage easement located on
the south five feet of Lot 19 and the north five feet of Lot 20, Block 105, Sebastian
Highlands Unit 2, less the west 10 feet thereof.
Project Location:
a. Address:
b. Legal:
Project Owner:
a. Name:
b. Address:
Project Agent:
a. Name:
652 Lawson Street
Lots 19 & 1/2 of Lot 20, Block 105, Sebastian Highlands Unit 2
Tony Besser
63328 Victoda Ddve
Lenox, Michigan 48050
John Laman, Vice President
MGB Construction, Inc.
b. Address: 945 Fellsmere Road, Unit #3
Sebastian, FL 32958
Project Description:
a.
Narrative of proposed action: ApPlication has been made for abandonment
of the five foot side yard public utility and drainage easements along the common
property line between Lots 19 and 20, Block 105, Sebastian Highlands Unit 2, less
the west 10 feet thereof. The owner wishes to construction a new home on one and
one-half lots.
b. Zoning:
C.
Utilities Comments:
a. Florida Power & Light:
b. Southem Bell:
RS-lO (Residential Single Family)
Land Use: LD (Low Density)
Approved
Approved
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c, Falcon Cable: Approved ' ' ' ' i
d. Indian River County Utilities: Approved I
e. Craven Thompson (drainage): Approved conditional upon: I
1. Recorded Unity of Title to connect Lot 19 and north half of Lot 20
2. Recorded Deed of Easement granting back a new 5 foot easement for the I
south 5 feet of the north half of Lot 20.
8. Community Development Director Comments: Approved conditional upon: I
1. Recorded Unity of Title to connect Lot 19 and north half of Lot 20
2. Recorded Deed of Easement granting back a new 5 foot easement for the south 5 i
feet of the north half of Lot 20. ·
3. That the applicant file an application for approval and receive approval of a division I
of a single lot.
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9. Staff Recommendafion: That the City Council find that the easement as
described below is without the public interest and finds no public necessity at the I
present time or as regards the future growth of the city.
The staff recommends That the City Council approve the abandonment of the five foot side I
yard public utility and drainage easements along the common property line between Lots 19
and 20, Block 105, Sebastian Highlands Unit 2, less the west 10 feet thereof. The
recording of the resolution should be conditioned upon: I
1. The applicant recording and providing the Community Development Department a
Unity of Title to connect Lot 19 and north half of Lot 20 i
2. The applicant recording and providing the Community DeveloPment Department
Deed of Easement granting back a new 5 foot easement for the south 5 feet of the
north half of Lot 20. I
3. The applicant filing with the Community Development Department an application for
approval and receive approval of a division of a single lot for lot 20. i
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PREPAI~ED BY DAT~'
2
1
~ Sm-~eyo~
September 16, 1,996
Mrs. Kathryn O Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Easement Vacatio~
North 5' of Lot 20, Block
vacation of easement by N
,,
Dear Mrs. O Halloran,
This firm does not objec~
provided that:
(1) the applicant shall
(2) the applicant shall
of said Lot 20, wk
Sincerely,
C,t~e~ThOmpsi)n & A~ssociates, Inc.
~oh~. V. l~ill, P.E., Vice President
[~Registe_re~ Engineer 17002
2770 Indian River Boulevard, Suite 203
Vero Beach, Florida 32960
Telephone: (407) 778-3002
Telethx: (407) 778-3000
Via Telefax ' 589 5570 and US Mail
Easement Vacation: Public Utility and Drainage Easement: the South 5' of Lot 19 and the
North 5' of Lot 20, Block 105, Sebastian Highlands Unit 2, less the West 10' thereof. Request for
vacation of easement by MGB Construction, Inc. for Tony Besser.
This firm does not object to approval of the vacation of the side lot easements as described,
the applicant shall file a unity of title for said Lot 19 and the North 1/2 of said Lot 20 and
the applicant shall deed to the City a drainage easement for the South 5' of the North 1/2
of said Lot 20, which shall serve as a replacement easement for the vacated one.
TEL NO: ~048 P01
1050 SE Brandon CIr;le
Port St. bucle, FL 34952.
Oc~ber 7, I996
City of Sebastian
122~ Main St.
Sebastian, FL 32958
At'm: Kath~n O'Halloran
Ri~: Abandonment of t/asemeats
Dear Kathryn;
FPL has no objection to the vacating of the following described easement:.
The south five feet of lot 19 and the north five fee: of lot 20, Block 105, Sebastian
Highlands Unit 2, less the West ten feet thereof.
If ! can be of any assistance, please call me at 489-6254.
S~ncerely;
Ralph Grant
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14:59 140748962G6
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Ctt~ o.~ ,Seb~ttan
EPHONE (,~7) ~,9.6330 o F,g~ (407) ~9-5570
~ OF SERA~TIA~
I Return to: Llnda
~aHey, City of Sebastian, City Clerk's Office, Fnx No.
0?:29 EXECUTIVE SUPPORT NETWORK ~ CITY OF SEBASTIN NO.?12 P005x005~
~2:35PM CITY OF 5EB~$TI~M~ P.1,, ,lmm
City of Sebastian
122S MAIN STREET = SEBA..%'5'iAN, FLORIDA S2958
TE. LI~J=WONE {~07) $Sg-S330 '~ FAX (4;)7) ~g-SS?0
~eHn~a~ at ~-t~~T to be .h.nd.ned: ~SOt]TH$ FF./EF OFI. OT 19 AND TIlE I
Return to: IAnda Galley, City of Sebastian, City Clerk's Office, Fax No.
(561)589-$570.
.0 PM ~~
0 3: 3 2o~' Sr~STt
I 9'~..p1 ~' ,~ 6,z,,e,~ c,TY
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POi
fl~2~ MAIN STREET I: SEBASTIAN, FLORIDA 3~8
TELEPHONE (~ ~30 a F~ (40~ ~8g~70
of ~s~~ to b. abandonS,: ~ ~0~ ~ FE~ OF LOT 1~ ~ ~
I Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No,
(~61)589-5570.
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BOARD OF CO UNTY COMMISSIONERS
DEPAR TME~VT OF UTILITY ~R ~CES ' ' i
1840 2~h ~, V~ Beach, Flora 329~
F~ (~?) ~5143 I
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September 27 1996 I
Kathryn M.
City Clerk O Halloran, CMC/~E I
City of Sebastian
1225 Main Street i
Sebastian, FL 32958
SUBJECT: RELEASE OF EASEMENT I
Dear Ms. O'Halloran:
The Department of Utility Se~ices has found that no water and/or i
wastewater utilities exist within the south five (5)feet of Lot 19
and the North five (5) feet of Lot 20, public utility and drainage
easement, Block 105, Sebastian Highlands, Unit 2, less the west 10 I
feet thereof. Therefore, we would not object to the release of
said easement.
If you need additional info~ation, please contact me at 770-5320. I
Sincerely,
GIS Coordinator
THD/c I
cc: ~=ano~ G. ==o, D~=~o~o= o~ ~~ ~=~o~
(CSEBHI~.THD)
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Resolution No. R-96-82
Vacation of Easement - Goan
Lots 13 & 14, Block 117, Unit 2
APPROVED FOR SUBMITTAL BY:
AGENDA FORM
AGENDA NO.
]
City Manager:
]
]
]
Dept. Origin:
Date Submitted:
For Agenda Of:
Exhibits:
10/17/96
10/23/96
R-96-82
Application
Survey
No Objection Letters
StaffReport
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
We have received a request for an abandonment of the east 5 feet of Lot 14 and the west 5 feet of
Lot 13, Block 117, Sebastian Highlands Unit 2, less the south 10 feet thereof, and the
abandonment of the east 16.3 feet of the west 38.9 feet of the north .4 feet of the south 20 foot
public utility and drainage easement of Lot 14, Block 117, Sebastian Highlands Unit 2. All utilities
have been notified and have no objections. John Hill and the Director of Conununity
Development have recommended that certain conditions be met before the Resolution is recorded.
Their letters are included in your packet.
RECOMMENDED ACTiQN.
Adopt Resolution No. R-96-82, which provides that the conditions imposed by John Hill and the
Director of Community Development be met prior to recording.
RESOLUTION NO..R-96-82
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EAST 5 FEET OF LOT 14 AND THE WEST 5 FEET
OF LOT 13, BLOCK 117, SEBASTIAN HIGHLANDS UNIT 2, LESS THE
SOUTH 10 FEET THEREOF, AND THE EAST 16.3 FEET OF THE WEST 38.9
FEET OF THE NORTH .4 FEET OF THE SOUTH 20 FOOT PUBLIC UTILITY
AND DRAINAGE EASEMENT OF LOT 14, BLOCK 177, SEBASTIAN
HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PBI 5-35, 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:
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 East 5 feet of Lot 14 and the West 5 feet of Lot 13, Block 117, Sebastian Highlands
Unit 2, less the South 10 feet thereof, and the East 16.3 feet of the West 38.9 feet of the
North .4 feet of the South 20 foot Public Utility Easement of Lot 14, Block 117, Sebastian
Highlands Unit 2, according to the plat thereof, recorded in PBI 5-35, of the Public Records
of Indian River County, Florida.
REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
S~ction 3. RECORDING. This resolution shall be recorded in the public records of Indian
River County, Florida, upon completion of conditions outlined in the staff report dated October 14, 1996.
Section 4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately
upon its passage.
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The foregoing Resolution was moved for adoption by Councilmember
motion was seconded by Councilmember
follows:
Mayor Louise 1~ Cartwright
Vice Mayor Walter W. Barnes
Councilmember Richard J. Taracka
Councilmember Norma J. Damp
Councilmember Raymond W. Halloran
The foregoing Resolution was duly passed and adopted by the City Council of Sebastian,
Florida, this day of
By:
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
and, upon being put to a vote, the vote was as
i HEKEBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County,
Florida, to take acknowledgments, personally appeared Louise R. Camufieht and Kath ~ryn M. O~alloran
Louise R. Cartwright, Mayor
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 ,1996.
Linda M. Galley
NOTARY PUBLIC,
STATE OF FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
Valerie F. Settles, City Attorney
The
,19
CITY OF SEBASTIAN, FLORDA
CITY OF SESASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(Thl__~s request shall no be accepte~ unles~ com~lete~ i_~n full~
*Individual, corporation, et~. - if corporation apply corporat~
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
(Attach description on a~achmeht if nec6ssary~
DESCRIPTIVE LOCATION OF EASEMENT TO SE ABANDONED:
(This item to be filled in by Building Official)
E SIZE OF EASEMENT. //O feet in length~/n width
(Explain in d~taii your n~ to ~i~aSe this e~semen~)
I HERE~Y CERTIFY that I, the Applicant, own the real property on
which the e~sement I request to vacate exists, or I am authorized
to present this request to vacate by the owner of the real
property.
Signed: (title, if any)
P]teaae Prfnt Name'Here
Attach hereto the following:
( ) 1.
( ) 2.
( N/A )
( ) 3.
( N/A )
( ) 4.
(N/A)
( ) 5.
Date/ /
Corporate Seal
Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land ad3acent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
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 au~horizatlon of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
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 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 ~s not
. refundable. The fee is $25.00.
( ) f6. OTHER~-7 ·
Office of the City Clerk
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,, DEMPSEY AVEN ~ ~
__ · . , ~ 3~.~' P.
.~, UE , _ ,,..,,...
~ ~,.*--~.~" ............. ~ ........ e.; ~ ' - ...-~]a' ~ 9~'.. ~ '
-- Y ' ...... I ..... i ~,.~'
e / I I I II
~ / ' / [~11 T
/ I LOT]4 ~1 ~ ~, II
/ /. .. ,o.~. U,.,' -
/ .... l~ovYl~ ~.o' [ ~.~' I~ -
/ I'~'' , ~.~,'~ "'~ IX' II
I I 711
~/ , I~ ONE STORY WOOD I ~ II.
... ~/ I I~ FRAMERESIDENCE ~1~I la
B~K'I~7 q/ I I ~749 'l/, 511~ ~o~,~_
~/ I I/ I ql BLOCK]i/
-~/~, I ~1~..41~ t~ '?1[ ~
~ ~/~ I I ~IZ~I" ,,.,. I~ ~ JI ~
I o/ I ~1~1 ~ I~1 Io
II O/ ' lEI. I I ~ ' I 0
II ~/I I~~~ ~1~1 ~
/,
~l~ / [ k ',= ~ I~l
I ~ s,,~,~ ~ ~,.~ ~. ~ I
LOT
I
LOT 8
LOT ~4. ~LOC~ ~ 1 ~. S[G~STI~N ,l~.~,OS UNiT ~. ACCOKmN~ I V I ~ ~ L ) ~ % I ] ~ ~/ ~ T
TO THE ~T THEREOF AS RECORDED IN ~T 8OOK S PAG~ 34 ......... v. · .-- ~ --
TttRU 37 OF THE ~BLIC RECORDS OF INDIAN R VER COUN~ rCDTICi~n t~
FLORIDA. ~..~ ~:
V, EDWARD PERRY ~ LINOA K. PERRY
SURVEYOR'S NOTES' ~ARREN ~. DILL, P.A.
I, B~RINGS SHO~ ARE BASED ON THE CENTERLINE OF DEM~Y
AVENUE AS N 89046'~O' E AS PER P~T ....... :
' ~- SET PK NAIL ~ I.Ii4' DISK STAMPED 'PLS 4896'
2. NO INSTRUMENT OF RECORD REFLEXING ~SEMENTS. RIGH~ OF O - FOUND ~8' IRON REBAR .
~AY ANOiOR OWNERSHIP ~ERE FURNISHED TO THIS SURVEYOR ~- FOUND ~ IRO~ PIPE
EX EP A FOUND KNAL~I 114 DISK
C T AS SHO~N. NO TITLE OPINION IS EXPRESSED OR IMPLIED. ' ' ' '
3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND PREPARED BY:
CECRLE ~ND SURVEYING
FOUNDATIONS, ENCROACHMENTS OR ANY IMPROVEMEN~ ~CE~ ;~mna ~ ~ln ~tlm~/~w~ n~t~t~cc¢
AS SH ~ ............... ~
' 10749 HIGH~AY U.S.I, SUITE A, SEBASTIAN. FLORIDA
4 ~E LOT SHO PHONE (S61) 388
· ~N HEREON IS LO~TED IN FLOOD ZONE 'X' PER -
FLeD iNSU~NCE ~TE MAP 12061C~78 E DATED MAY 4 1989
' ' ' CERTIFIED CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF IN
$ ELEVATI~N~ RA~[~ ~ A~.~ ~1[~ ~/~I~TI~ ~n ~ CONFORMI~WITH THE MINIMUM TECHNICAL STANDARDS SET FORTIt
................. ,'~ .:, ...... ' BY THE FLO~ DA BOARD OF ~ ,ID SURVEYO~. PURSUANT TO CflAPTER
ASSUMED ON THE CENTERLINE OF WALL,~ mvm~u:. 61G17-6 FLORIDA ADMINIST~TiVE CODE, 1 HIS SURVEY IS PREPARED AND
ABBR~iAT ~. CERTIFIED ~OR ]HE. ~CLUSIVE USE OF THE CLIENT, OR CLIENTS NAMED
P-PU.T ~-~'~URED ~w-RIGHT OF ~AY ~C-AIR COND'TtON HEREON. TH ~ ~[ RVEY S NOF VALID WITHOUT THE SIGNATURE AND TttE
~-CENTERLINE COV COVERED LS ~ND SURVEYOR ORI~IE~ SEAL O~A LICE~U~VEYOR AND MAPPER.
PU&DE-PUBLIC UTILI~ ~ DRAINAGE EASEMENT ~~L~~ -
PLS-PROFESSIONAL ~ND SURVEYOR
ABANDONMENT OF EASEMENT
Staff Report .
1. Project Name. Property of Kenneth Goan
2. Requested Action: Abandonment of the east 5 feet of Lot 14 and the west 5 feet of
Lot 13, Block 117, Sebastian Highlands Unit 2, less the south 9.6 feet thereof. Also
requesting abandonment of the north .4 feet of the south 20 foot public utility and
drainage easement of Lot 14, Block 117, Sebastian Highlands Unit 2.
3. Project Location:
a. Address: 749 Dempsey Avenue
b. Legal: Lots 13 & 14, Block 117, Sebastian Highlands Unit 2
4. Project Owner:
a. Name: Kenneth Goan
b. Address: 749 Dempsey Avenue
5. Project Agent:
a. Name: N/A
b. Address:
6 Project Description:
proposed action: Application has been made for
a.
Narrative
of
abandonment of the 5 foot side yard easement on each lot as described
because of an existing building which presently encroaches into these
easements. The owner, Mr. Goan, hired a contractor more than eight years
ago to add a carport to his home. However, the contractor did net apply for
the necessary permits and the resulting structure has been encroaching into
the side yard easements on both lots for all these years. Mr. Goan now
wishes to sell his property and needs to resolve the easement problem. In
addition, a utility shed was constructed in error by the owner on the. rear of
the property. The shed encroaches .4 feet into the 10 foot rear public utility
and drainage easement, even though a building permit was issued for the
shed to be located a minimum of 10 feet from the property line.
b. Zoning: RS-10 (Residential Single Family)
c. Land Use: LD (Low Density)
Utilities Comments:
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Florida Power & Light:
Southern Bell:
Falcon Cable:
Indian River County Utilities:
Craven Thompson (drainage):
1.
2.
Approved
Approved
Approved
Approved
Approved conditional
upon:
Recorded Unity of Title to connect Lots 13 and 14.
Modify legal description of rear easement to be abandoned (reflecting
building only) to "the east 16.3' of the west 38.9" of the north 0.4" of
the South 20" of Lot 14, Block 117, Sebastian Highlands Unit 2."
Modify legal description of side easement to be abandoned to "less
the South 10' thereof."
Community Development Director Comments: It is our understanding that
the current owner (or at least the individual that has a contract to purchase lot 14)
does not desire to acquire lot 13. The owners of lot 12 are apparently interested in
acquiring all or a portion of lot 13. There are four alternatives to avoid the creation
of a non-conforming lot:
1) unify lots 13 and 14,
unify lots 12 and 13 with an easement being given to lot 14 for the structure
and driveway on lot 13,
2)
split lot 13 (division of a single lot) and unify the two parcels with the adjacent
lots, or
3)
4) place an easement on lot 13 for the structure and driveway.
The Community Development Department recommends that the request for
abandonment be approved conditioned upon:
That prior to the recording of the abandonment of easement, the applicant
provide the Community Development Department copies of the documents
necessary to implement one of the four alternatives listed above.
1)
Staff Recommendation: That the City Council find that the easement as
described below is without the public interest and finds no public necessity at the
present time or as regards the future growth of the city.
That the City Council approve the abandonment of the east 5 feet of Lot 14 and the
west 5 feet of Lot 13, Block 117, Sebastian Highlands Unit 2, less the south 10 feet
thereof and the abandonment of the east 16.3 feet of the west 38.9 feet of the north
.4 feet of the south 20 foot public utility and drainage easement of Lot 14, Block 117,
Sebastian Highlands Unit 2 conditioned upon:
1)
That prior to the recording of the abandonment of easement, the applicant
provided the community development department copies of the documents
necessary to implement one of the following:
a) unify lots 13 and 14,
b)
unify lots 12 and 13 with an easement being given to lot 14 for the
structure and driveway on lot 13,
c)
split lot 13 (division of a single lot) and unify the two parcels with the
adjacent lots, or
d) place an easement on lot 13 for the structure and driveway.
PREPAI~ED BY'
DATE'
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~ CRAVEN THOMPSON & ASSOCIATES, INC. 2770 Indian River Botdevard, Suite 203
Veto Beach, Florida 32960
~k~l[~' Planners Telephone: (407) 778-3002
'~1~ Surveyors Telethx: (407) 778-3000
September 16, 1996
Mrs. Kathryn O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958 Via Telefax: 589 5570 and US Mail ,
Re: ,Easement Vacation: Public Utility and Drainage Easements: the East ! of Lot 14 and the
West 5 of Lot 13, Block 117, Sebastian Highlands Unit 2, less the South 9.6 thereof., and Noth
0.4 of the South 20' of said lot 14.Request for vacation of easement by Kenneth Goan.
Dear Mrs. O'Halloran,
This firm does not object to approval of the vacation of the side lot easements as described,
provided that: ~
(1) the applicant shall file a unity of title for said Lot lo and said Lot 14 and
(2) the legal description of the abandonment for,the rear 20 eaeme, nt shall be modi,fied to read
as follows: "the East 16.3'of the Hest 38.9 of the North 0.4 of the South 20 of Lot 14,
,~ Block !! 7, Sebastian Highlands Unit 2."
(~) the legal descriptions for !he aban,d, onment of the .s, ide lot easements shall be modified to
read "...less the South 10 thereof (instead of 9.6 ).
Sincerely,
~ Thomi~o~ 5Associates, Inc-
/John. ~H!II, P.E., Vice President
[ ~Keg~ste_r~ Engineer 17002
orida
' J~16-'00 MON 22:1~ ID:
TEL NO:
~04@ P~4
O 1050 SE 8randon Circle
Port St. Lucle, FL 34962
F::I I-
October 7, 1996
City of Sebasfia-,
]225 Main St.
Sebastian, FL 3295~
~: Abandonment of H~emen~
PPL h~ no objection to ~e vac~t~ of the fo]lo~ns described
~e ~ S feet of lot t4, ~[ock [ iV, Sa5~ ~i~ds Unit 2, ]ess ~e
· ~f. ~d ~ we~ ~ feet of lot 13, block 117, Seb~ ~shl~ Unit 2 less
10 fe~ ~g~f. Also ~ no~ .4 fee~ of ~e ~u~ 20 foot Publio Ufili~ ~d
e~em~t of lot 14, Block 117, Seb~fi~ ~gM~ds Unit 2.
ff I c~ be of ~y ~st~ce, plebe ~I mc ~ 489-6254,
S~.rely;
~ph ~t
I ~,~-J: E? ~6 11:~?AM I R CO wTImITIE$
I · BOARD OF CO [ 'NTT' COMMISSIONERS
DF. PAR TM~ OF UTILITY ~R VIC~
18~ 25g a 32960
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F~ (40~ ~S143
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September 27, !996
Eathryn M. O,Halloran, CMC/~
City Clerk
City of Sebastian
122~ Main Street
Sebastian, FL 329S8
SUBJECT: RELEASE OF EASEFiE]
Dear Ms. O'Halloran:
The DeDartmen= of Utility
was=ewe=er utilities exist
I Block 117, sebastian Highl~
t~ereof and the west five (~
Highland}, Unit 2, less th~
north .4 feet of the south 2
easement of Lot 14, Bloc}
Therefore, we would not obi
If you need additional info:
sincerely,
Drum, P}M
Coordinator
THD/c
cc: Tarr=nce G. Pin=o, Dis
(CSEBHiLA.THD)
~rvices has found that no water and/or
ithin the east five (5) feet of Lot 14,
nde, Unit 2, less the south 9.5 f~et
feet of Lot 13, Block 117, Sebastlan
south ten (10) feet thereof and the
foot rear public utility and drainage
117, Sebastian Highlands, Unit 2.
.ct to the release o~ said easement.
ma=ion, please contact me at 770-5320.
actor of Utility Services
:
BOA RD OF CO UNTY COMMISSIONERS
DEPAR TME~VT OF UTILITY SER VICES
1840 2~h ~, ~m Beach, Fbrlda 32960
F~: (407} ~5143
Septermber 27, 1996
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SUBJECT: RELEASE OF EASEMENT
Dear Ms. O'Halloran:
The Department of Utility Services has found that no water and/or
wastewater utilities exist within the east five (5) feet of Lot 14,
Block 117, Sebastian Highlands, Unit 2, less the south 9.6 feet
thereof and the west five (5) feet of Lot 13, Block 117, Sebastian
Highlands, Unit 2, less the south ten (10) feet thereof and the
north .4 feet of the south 20 foot rear public utility and drainage
easement of Lot 14, Block 117, Sebastian Highlands, Unit 2.
Therefore, we would not object to the release of said easement.
If you need additional information, please contact me at 770-5320.
Sincerely,
Terry H. Drum, PSM
GIS Coordinator
THD/c
cc: Terrance G. Pinto, Director of Utility Services
(CSEBHILA.THD)
i AND 2'It~N~3 F'~T OF.
~OF, ~ AND DJbi.~A~
CITY Or $~R:b'TIr4q I:P. 1~
r OF ~$rL4N
~oned~ Z2~ $0~ $ FF..BT 0F Z.02'13
;0~14~ LEEE FZt"'iX $O~~ $ ~
~ ~ OF MI. OC~ I, ~NDI4N RIFER
Retnrn to:.Llnda G~ilcy, City fSebastian, Cit7 Cler s O~ce, FaxNo.
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EXECUTIVE SUPPORT NETWORK -* CITY ~F SEBF~STIN NO.?12 PO82/885
C ty of Sebastian
T~EPWONE (407) ~ = F~ (~ ~70~.
!
Deserlntion of ~ME~T to be abandoned: ~ F.,~T $ ~ OF LOT 14, Bl, O~ '
Tttv~ I;trE3T $ FF~T OF LOT 15, BI. OC~ 117, ~N llI~ UNIT g, ~T ~
Tt~ $OU?H 10 FKF-2' ~OF. AJ~O P,.Ei~UEST~ TO ABANDON ~ NOR2~.4
~ YTd£ $OITlt120 FOO2' iVI,4R P[IBLIC [IT1LITY,4ND D~A(;]~ EA..gI~VT OF
LOT I ,t, III. OCg I I ?, 8,~NA$I'IAN t~GHI.,41VD$ ~NIT 2,.
CO~rNN'I~: ....
Return to: IAnda Galley, City of Sebastian, City Clerk's Office, Fax No.
~.(561)589-5570.
0~[_____~,.:__!3. 96 03'32 I'M; 1:'03
TELEPHONE (~
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OF. ~'~ ~M~° ~ ~"
~OT 14, BLO~ 12 ~ 5E~T~ HI~~
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Rctu~ to L~da GaUcy, Ci~ of Sebastian, CI~ Clc~k'_s O~c~ F~
I (561)589-5570.
,
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407} 589-5570
I AGENDA TRANSMI'I~fAL
I in ' P
p . ~ : ' Dept
· , Date Submitted: 10/16/96
I Approved For Submittal By For Agenda of: 10 / 23 / 96
Exhibits: 2 Attachments
I 2. Cops More Grant Information
EXPEND I TURE AMOUNT APPROPRIATION
I REQUIRED: $14,175 BUDGETED: $29,950 REQUIRED: $0
I SUMMARY STATEMENT
COPS-MORE provides support in the form of either equipment, technology
I or additional civilian support staff; any of which can be shown to
improve the utilization of police Officers by making them more available
out on the streets.
I This is a Federal Grant which pays up to 75% of the cost for the above
resources. Attachment 1 is a list of equipment which qualifies for the
Grant funds which totals $56,700 of which $42,525 would be paid by the
I Federal Grant and $14,175 would come from our Confiscated Property Trust
Fund. Attachment 2 is a description of the Grant Program.
i RECOMMENDED ACTION
Approve the request to apply for the COPS-MORE Grant and the
expenditure of Confiscated Property Trust Fund money in the amount of
I$14,175 if application is approved by the Dept. of Justice.
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COPS MOPE GRANT
ESTIMATED BUDGET:
DISPATCH:
2 PC WORK STATIONS @ $2,100 ea. =
RECORDS:
3 PC WORK STATIONS @ $2,100 ea. =
LAN, TAPE BACK-UP UNITS, UPS =
LAPTOP OR NOTEBOOK COMPUTERS
14 @ $1,500 ea. =
POLICE TRAK/CALL TRAK SOFTWARE =
AUTOMATED BOOKING & MUG SHOT SYSTEM =
TOTAL COSTS
75% FEDERAL MATCH
25% LOCAL SHARE
$ 4,200
6,300
2,500
21,000
15,200
7,500
=... $56,700
$42,525
$14,175
The 25% Local Share is eligible to be funded
from Forfeiture Funds.
This does not require additional appropriated
moneys from the General Fund.
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SEBASTIAN
POLICE
DEPARTMENT
DATE :
TO :
FROM :
SUBJECT:
October 16, 1996
MEMORANDUM
Mr. Tom Frame, City Manager
Randy White, Chief of Police
COPS-MORE Grant
1201 Main Street
Sebastian, FL 32958
(561) 589-5233 Fax# 58~-2.2.07
Attached please find a fact sheet on the COPS-MORE Grant Program.
COPS-MORE is a follow-up to the COPS-FAST Program in which our City is already
participating with the three Police Officer positions that have been funded. COPS-
MORE provides support in the form of either equipment, technology or additional
civilian support staff; any of which can be shown to improve the utilization of police
officers by making them more available out on the streets.
The program that I am proposing would totally automate our communications and
reporting operations. This automation will result in improved officer availability in
several ways:
1. Speed up the taking of reports by officers since they would be using lap top
or notebook portable computers to do their offense and accident reports. This will
also tremendously improve the quality of these reports.
2. Speed up the taking and dispatching of calls for service through the
Communications Center, resulting in quicker response of officers
3. Automation will greatly improve out deployment of officers because we will
have much more detailed and accurate information which will be geographically
pinpointed. This is to say, we will be able to track crfminai offenses, traffic accidents
and calls for police service by time of day, day of the week and the location within
the City. W'rth this information we will be able to adjust staffing and zone dimensions
to better fit the workload as it is occurring. This will provide much better utilization
of officers, speed their response and make them more efficient, as required by the
grant. ~
Page 2 of 2
/n addition to the above benefits, which should qualify us for this grant, there would
be numerous other spin-off benefits such as a much needed overhaul of our
currently antiquated Uniform Crime Reporting program to the State and much more
efficiency-in our Records Room operation.
The preliminary equipment and budget information for this grant is attached. The
overall budget is $56,700. of which 75% or $42,525. would be Federal Grant funds
and 25% or $14,175. would be Local Matching funds. The good news is that
Forfeiture Funds may be used for the Local Match, so there is no actual use of City
funds.
The deadline for applications for COPS-MORE Grants is October 31st. We,
therefore need City Council approval ASAP.
Thank you for your assistance in getting this on the Agenda for the next Council
meeting.
Dennis R. White
Chief of Police ,
C: Joel Haniford, Finance Director /"
.Office of Community Oriented Policing Services
', COPS IVIORE '96
ir'mOPS MORE 96 (Making Officer Redeployment COPS MORE 96 funds must be in addition to, and not in
N.,Effective) is one of several approaches developed by lieu of, previous funding commitments for law enforce-
the U.S. Department of Justice under the Violent Crime ment. In addition,, the applicant must specify, a plan within
Control and Law Enforcement Act of 1994 to increase de- the COPS MORE 96 application for continuing the pro-
ployment of law enforcement officers devoted to community posed activity following the conclusion of the COPS MORE
policing on the streets and rural routes of this nation. This '96 funding.
program, which is o en to all law enforcement a encies, is ....
. .P ..... g _ Technical assrstance wath the development of commumtv
desigrtea to expand the time available tor community volicine olans will be vrovided to iurisdictions re~ues~n~
policing by current law enforcement officers, rather ~an
fund the hiring or rehiring of additional law enforcement ........... ,
officers. An award under COPS MORE 96 will not affect the eligi-
.. __, .... bility of an agency for other COPS programs. Similarly,
runolflg Provisions agendes that have received funding under other COPS pro-
State, local, and other public law enforcement agendes are
eligible for grants under COPS MORE '96. These grants may
be used to purchase technology and equipment and to pro-
cure support resources (including civilian personnel).
Applications will be reviewed competitively. The total amount
of grants under COPS MORE '96 will not exceed $100 miilion.
The most important' requirement in the application is a
demonstration of how COPS MORE '96 funds will result
in actual increases in the number of officers deployed in
community policing equal to, or greater than, the number
of officers that would result from grants of the same
amount for hiring new officers. A more detailed explana-
tion of these terms and examples of permissible us~ are pro-
vided in the COPS MORE '96 Application Kit.
Grants are made for up to 75 percent of the cost of the
technology, equipment, or civilian salaries for one year.
Therefore, agencies receiving grants are required to pro-
vide a minimum 25 percent local cash match. Waivers oi
the local cash match requirement will be granted only in
cases of extreme local fiscal hardship. It is possible to
renew grants for civilian hiring for two additional years.
COPS MORE '96 funds must not be used to replace funds
that agencies otherwise would have devoted to technology,
equipment, or civilian hiring. In other words, any use of
grams are eligible to apply under COPS MORE '96.
However, any prior award may be considered in the
assessment of the agency's need for additional resources
under COPS MORE '96.
Application Deadlines
Applications will be accepted from September 9 through
October 31,1996. Jurisdictions with populations over 150,000
are strongly encouraged to apply by September 9, 1996.
Jurisdictions serving populations of 150,000 or below may
apply'any time from September 9 through October 31,
1996.
COPS funding must be allocated based on a formula pre-
viously established by Congress. Under this formula, 50
percent of the annual grant funds are awarded to'jurisdic-
tions serving populations over 150,000, and 50 percent of
the funds are awarded to those se.wing 150,000 or below.
The COPS Office already has reached the funding limit for
FY '96 for smaller jurisdictions, therefore, applications for
the larger jurisdictions will be considered first. Funding
for the remaining applicants will be based upon FY '97
appropriations.
For more information or to obtain an application, please~
call the U.S. Department of Justice Response Center~/~, ,.,
Updated: August ~
Length of Award, Grant Amounts,
and Local Match
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Up to $100 million will be available
for COPS MORE in 1996. COPS
MORE '96 funding is for one year. However,
awards for civilians may be renewed for
up to two years after the initial grant
period. Applications for renewals will be
provided at some time during the initial
grant period. There is a local cash
match requirement. The local match
must be a cash match of a minimum of
25 percent of total allowable item costs.
For example, the Federal share for a com-
puter system costing $100,000 would be
$75,000, and the local cash match would
be $25,000.
Depa~ ~ents are encouraged to contribute
local cash matches in excess of the mini-
mum amounts required as matching
fi.rods. States and local units of govern-
ment may use assets received through
the asset forfeiture equitable sharing pro-
gram, the Housing and Community
Development Act of 1974, and other funds
contributed from state, local, or private
sources as otherwise authorized by law.
Funds appropriated by Congress for the
activities of any agency of a Tribal gov-
ernment or the Bureau of Indian Affairs
performing law enforcement functions
on Tribal lands may be used as matching
funds. Federal grant monies received
from other Federal agencies may be used
as local matching funds only if specifically
authorized by the other Federal grant
program.
In-Kind Matches
In-kind matches are not permitted under
COPS MORE '96. The local match must
be a cash match. For example, if you
wish to purchase a computer that costs
$1,000, the Federal share would be $750
and the local share would be $250. You
may not' offer to provide installation of
the computer in place of the $250 local
cash contribution towards the purchase
of' the computer.
NonsuppMnfing Requirement
By law, grant funds awarded by the
COPS Office may not be used to replace
state or local funds (or where applicable,
funds provided by the Bureau of Indian
Affairs) that otherwise would be available
or forthcoming for law enforcement.
Instead, COPS MORE '96 grant funds
must be used to increase the total amount
of such other funds used for law enforce-
ment. As part of this application, agencies
must sign a certification that no supplant-
lng of non-Federal funds will take place
should a grant award be made. Note:
Funds already in your agency's budget
may not be used for the local cash
match, unless they were included in your
budget specifically for the purpose of
making the match.
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City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: Request for Sebastian AGENDA NO. 7~-~' ~)
Lions Club to use Riverview Park
DEPT. ORIGiN City Clerk
DATE SUBMITTED: 10/9/96
MEETIING DATE: 10/23/96
APPROVED FOR SUBMITTAL BY: EXHIBITS: Letter dated 10/4/96 from
Sebastian Lions Club
City Manager:-~.~d~ v~~
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY.STATEMENT
The Sebastian Lions Club is again requesting permission from the City Council to utilize
Riverview Park on Saturday, November 9, 1996 for a steak dinner fundraiser. The pavilion
area is requested from 9:00 a.m. to 6:00 p.m. and the applicant has requested the use of
electric.
Unless otherwise stipulated by City Council, the following are established rules for use of
Riverview Park.
1. $100.00 Security Deposit (RECEIVED 9/24/96)
2. No vehicles in the park
3. Applicant to provide sufficient waste receptacles and clean up after event.
4. No alcoholic beverages are permitted within the park
5. All displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the organization.
7. Applicant must contact and receive approval from the Health Department regarding the
sale of food.
RECOMMENDED ACTION
Move to approve the request from Sebastian Lions Club to use Riverview Park on
November 9, 1996, with electric and standard conditions.
October 4, 1996
TO: City of Sebastian
SEBASTIAN LIONS CLUB
P.O. BOX 219
ROSELAND, FLORIDA 32957
. I
The Sebastian Lions Club requests permission to use the Pavilion at Riverview Park for its
semi-annual Steak Cook-out. The Steak Cook-out will be held on November 9 1996 fi.om
3 to 6pm (we will be needing the Pavilion fi.om 9am- 6pm to allow for set up), Tickets
for the event will be sold in advance to both the public and other Lions for $9.00.
Proceeds from the Steak Cook-out will go towards this ye~ annual Lions Scholarship
award and other Lions charities.
We will require electricity.
Thank you very much for your continued help in maldng ds another ~ccesslid Lions Club
If there are any questions, please contact the undersigned at 589-5247 or Richard Pawlus,
Lions Club President at 388-1738.
Edward H. Moore Jr.
Treasurer -- Sebastian Lions Club
11450 Indian River Drive
Sebastian, Florida 32958
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 g FAX (407) 589-5570
CITY COUNCIL AGENDA
TRANSMITTAL
SUBJECT:
Sebastian Lions Club
Use of Yacht Club for
1997 Fourth of July Meetings
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
10/23/96
APPROVED FOR SUBMITTAL: EXHIBITS:
Expenditure Required: [ Amount Budgeted:
Henderson Letter
Appropriation Required:
SLrMMARY STATEMENT
The City Council, at its April 24, 1996 regular meeting, approved the use of the Sebastian Yacht Club
on specific dates by the Lions Club for Fourth of July organizational meetings. No rental was charged
for these meetings since the meetings were held to benefit the city's annual festivities. Fourth of July
committees have always had free use of the Yacht Club for those meetings.
We received a request from Neal Henderson on October 10, 1996 for the Lions Club to use the Yacht
Club for a 1997 Fourth of July organizational meeting on October 14, 1996. Since it was too late to
take this request to the City Council, the City Manager allowed the use with the stipulation that they
would submit a letter of request, we would take it to Council and if Council did not approve, they
would pay the standard half fee for non-profit organizations.
Mr. Henderson then asked if the Lions could schedule monthly Fourth of July meetings at the Yacht
Club and would submit those dates along w/th his formal request for October 14.
Mr. Henderson's letter does not list specific dates, therefore, if you concur with their request, I would
suggest that you authorize me to work with the Lions to schedule monthly Fourth of July meetings on
available dates.
RECOMMENDAT!,0N
Formally approve the free use of the Yacht Club by the Lions Club on October 14, 1996 for a Fourth
of July organizational meeting, to approve the free use of the Yacht Club by the Lions Club for monthly
Fourth of July meetings and to authorize the City Clerk to work with the Lions Club to schedule those/~"~-'",~
dates.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 I::] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Golf Course Fees
Approval For Submittal By:
Clty Manager'S. ~<~
AGENDA NO ~. 2 ~ /
Dept. Origin: City Manager
Date Submitted: 10/16/96
For Agenda Of: 10/23/96
Exhibits:
- Proposed Resolution R-96-79
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
The current fee resolution for the golf course will expire on November 14, 1996. Due to its
expiration, a new Resolution is necessary to provide for the continued collection of fees.
In keeping with the revenues proposed by the Golf Course through the budget process that
adopted the current budget, an increase in fees is necessary to fund the operation and
maintenance of the Golf Course. Accordingly, the Director of Golf, Mr. Patrick Cerjan, has
recommended that the price range for non-member daily rates be increased by $1.00 and the
residency card be increased from $10.00 to $20.00. The range for special cards and leagues
would increase by $.50.
RECOMMENDATION
Approval of Resolution R - 96-79.
RESOLUTION NO. R-96r79
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART
FEES AT THE MUNiCIPAL GOLF COURSE; PROMULGATING A NEW
SCHEDULE OF GREENS FEES AND GOLF CART FEES;
PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSmP
FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAK]g
ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN
CIRCUMSTANCES; AUTHORIZING ~ GOLF COURSE MANAGER TO
ADJUST THE SUM R SC DUL wrrm THE SPE AL R NGE
FOR MARKETING PURPOSES; AUTHORIZING THE GOLF COURSE
MANAGER TO ADJUST THE RATION OF TEE-TIMES RESERVATION
BETWEEN MEMBERS AND NON-MEMBERS,e'~PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH," PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 77-33 of the Code of Ordinances of the City of Sebastian provides that
modifications of golf course rates shall be established by resolution of the City Council following one
public hearing; and
WHERF~S, the costs of maintaining the Sebastian Municipal Golf' Course and its premises have
increased since the adoption of Resolution No. R-95-49.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~F~I!_Q~.A. ANNUAL MEMBERS~ RATES. Commencing October 1, 1996, the annual
membership fees for the Sebastian Municipal Golf Course shall be as follows:
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96/97 ANNUAL MEMBERSHIP FEES
Sebastian Resident
M~embership Fee
Family $ 850.00
Single $ 600.00
/SI0n-R¢$idetlt
Membership Fee
Family $1,050.00
Single $ 800.00
Family membership means a married couple residing together and all dependents living at home under
the age of twenty-one (21) years.
Proof of residency is required to obtain Sebastian Resident rates. All new memberships are subject
to a two hundred ($200.00) dollar initiation fee. (This is a one time non-refundable fee.)
Bag Storage (Single Per Bag)
(Double Per Bag)
$ 40.00
$ 80.00
Foot Locker $ 15.00
Ail of the above are subject to a 7% sales tax.
October 1, 1996,
Renewal of an existing membership is due on or before
2
~ MEMBER DAILY RATES. Member rates, including greens fees and golf cart
fees, for the Sebastian Municipal Golf Course are hereby established as follows:
MEMBER DAILY RATES
SEASON
NOVEMBER 15. 1996..~/0....APRII~ 15, 1997
Ranee Conditions
Ride 18 Holes $13.00 - $15.00 All Day -Everyday
Ride 9 Holes $ 8.00 - $ 9.00 After 1:30 p.m.
When Tee is Open
Walk 18 Holes $ 9.00 Atter 12:00 All Days
Walk 9 Holes $ 5.00 After 1:30 p.m.
When Tee is Open
OFF ,,SEASON
APRIL 16. 1997 to NOVEMBER 14. 1997
Ride 18 Holes $ 6.00 - $10.00 All Day - Everyday
Ride 9 Holes $ 4.00 - $ 6.00 All Day - Everyday
Walk No Charge All Day - Weekdays
After 1:00 p.m.
Weekends & HolidaYs
SECTION 3, NON-MlgMBER DAILY RATES. Non-member rates, including greens fees and
golf cart fees, for the Sebastian Municipal Golf Course are hereby established as follows:
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NON-MEMBER DAILY RATES
SEASON
]SLOVEMBER15~I996 taAPRIL 15, 1~9~977
Range Conditions
Ride 18 Holes $23.00 - $31.00 All Day- Everyday
Ride 9 Holes $14.00 - $18.00 Alter 1:30 p.m.
When Tee is Open
Walk 18 Holes $20.00 - $25.00 ARer 12:00 All Days
Walk 9 Holes $16,00 - $20.00 ARer 1:30 p.m.
When Tee is Open
Ride 18 Holes
Ride 18 Holes
Ride 9 Holes
Ride 9 Holes
Resident Card Fee - $20.00
Resident Card Discount - $2.00 - $5.00 (Does Not Apply On Any Specials)
OFF SEASON
APRIL 16, 1997 to NOVEMBEI~L 14, 1997
Range
$10.00 - $18.00
$ 9.00- $14.00
$ 8.00 - $12.00
$ 6.00 - $11.00
Conditions
7:00 a.m. - Noon
ARer Noon
Before 5:00 p.m.
ARer 5:00 p.m.
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OFF SEASON
APRIL 16. 1997 to NOVEMBER. 14. 1997 I
(Continued~ I
Special Cards $10.50 - $14.00 Ail Day Weekdays I
After 12:00 p.m.
Weekends & Holidays I
Walk 18 Holes $ 7.00 - $10.00 Ail Day Weekdays
After 1:00 p.m. I
Weekends & Holidays
Walk 9 Holes $ 5.00 - $ 8.00 All Day Weekdays i
After 1:00 p.m.
Weekends & Holidays I
Jr. GolfCn-een Fee $ 1.00 After 12:00 Ail Days/Summer
After 2:00 p.m. Week-end/Season I
GROUP RATES
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WEEKD&YS ' WEEKENDS & HOLIDAy~
,9.00 - ,, 5.00 ,, 3.00 - ,, 8.00 !
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,6.5o_,8.oo !
Range Balls 2.00 Sm. Bucket 3.00 Lg. Bucket I
Jr. Bucket .25 Sm. Bucket .50 Lg. Bucket
Handicap Fee 12.00 Per Person (Yr. Beginning 10/1/96) I
All of the above are subject to 7% sales tax.
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~ ADJUSTMENTS- The hours and condmons set forth m Sections Two and
Three may be adjusted at the discretion of the Golf Course Manager, due to amount of play and area
competitive conditions. The Golf Course Manager is authorized to establish the rate within the
approved range due to amount of play and area competitive conditions. The Manager is authorized
to advertise, and/or promote use of the Golf Course within the promotions budget account.
fi_F, ff,_Tlt~ TEE-TIME RESERVATIONS- The ratio of reserved tee tunes between
members and non-members will be one member tee-t~ne reservation to one non member reservauon
The Golf Course Manager may adjust this ratio for marketing purposes to stimulate additional play
or to reflect changing conditions.
~ REPEAL. All Resolutions or parts of Resolutions in conflict herewith are
repealed.
~. SEVERABII,ITY. In the event a court of competent junsdmt~on shall hold
or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian
did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
~__[0~. EFFECTIVE DATE. This Resolution shall take effect on October 1, 1996
6
.
The foregoing Resolution was moved for adoption by Councilmember
__ ~ The motion was seconded by Councilmember
__ ~ and, upon being put to a vote, the vote was as follows:
Mayor Louise Cartwfight ~
Vice-Mayor Walter Barnes
Councilmember Norma J. Damp -- ~
Councilmember Raymond Halloran ~ ~
Councilmember Richard Taracka ~ ~
This Resolution was duly passed and adopted by the City Council of the City of Sebastian,
Indian River County, Florida, at its regular meeting on the day of ,
1996.
CITY OF SEBASTIAN, FLORIDA
by:~
ATTEST: , ' Louise R. Cartwright, Mayor
Kathryn M. O Halloran, CMC/AAE
(Sea)
I itEREBY CERTIFY that notice of public hearing on this Resolution was published in the
Vero Beach Press Journal on the ~ day of L, 1996, that one public hearing
was held on this Resolution at 6:00 p.m. on the day of ,1996, and that
following said public heating, this Resolution wa--~passed by';he City COuncil.
Kathryn M. O~Ialloran, CMC/AAE
City Clerk
Approved as to Form and Content:
City Attorney "
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The Tree Advisory Board is requestin to have a" --
Beautiful'' Art Contest. g Trey Are I
The cost for Awards, Materials and Bonds is around $175.00 to
$200.00 and will be donated from area businesses. There will be no I
costs to the city.
Enclosed are the Awards, Flyer and Cover letter to be sent to i
the Schools within our area.
We would like the City Council to Judge to Art Work prior to the
council meeting in late December I
On January 8th the City Council will acknowledge the winner's at
the beginning of their meeting. I
The Art work winner will be displayed for the Month of January at
the Nor~ County Library and Acknowledged at the January 17th, 1997
Arbor Day Celebration. I
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October 16, 1996
Principal Bonnie Swanson
Pelican Island Elementary School
1355 $.E. Schumann Drive ~
Sebastian, Florida 32958
Dear Principal Swanson,
The City of Sebastian is working toward a designation of
TREE CITY U.S.A. A Tree Advisory Board Committee, appointed
by the Sebastian City Council is helping reach this goal. An
integral part of becoming a Tree City U.S.A. is the celebration
of National Arbor Day in January, 1997.
As part of our National Arbor Day Celebration, and to enhance
an awareness of our native trees, the Tree Advisory Board wishes
to offer an art competition to Sebastian students.
' " nd
The art theme is "Native Trees of Sebastzan . !it, 2nd a ~
3rd place prizes will be awarded in each of the foz£owing graae
level categories; grades 1st - 3rd, grades 4th - 6th,
grades 7th - 9th and grades 10th - 12th. Certificates of Merit
will be awarded to all contestants.
The Tree Advisory Board respectfully requests permission
to present flyers to your school announcing our art competition.
Please be assured that Kathryn Wilson, Assistant Superintendent
for Operation, School District of Indian River County has given
us permission to approach you with this matter. Her memorandum
is available upon request.
We will visit your school during the last week of October
to answer any questions you may have in regard to our art
competition.
Thank you for your attention and cooperation in permitting
flyers in your school, in this way helping Sebastian reach its
goal of becoming a Tree City U.S.A.
Sincerely,
Tom Cecrle, Chairman
Sebastian Tree Advisory Board
t RR FICAR
I I I I IIIII IIII I III IIII II I II
PURPOSE: To promote an awareness and appreciation of trees.
THEME:
Native Trees of Sebastian; Live Oaks, Pines, Cabbage Palms,
Red Cedar, Cypress, etc.
DATE:
Contest commences November, 1996 and concludes
December 12th, 1996. Award presentation will be held
on Arbor Day in January, 1997.
ARTVVORK:
Any medium may be used, including Photography.
PRIZES:
1st, 2nd and 3rd place prizes will be awarded in each
of the following grade levels categories;
Grades 1st through 3rd
Grades 4th through 6th
Grades 7th through 9th
Grades 10th through 12th
11 Participants will receive a Certificate of Merit (distributed to Schools)
All entries must include name, grade and school.
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Request for Change Order )
to allow substitution of 4" Coquina )
Rock for 3" of Limerock )
Approval For Submittal By:
City Manager,4~ co)-~
)
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AGENDA NO
Dept. Origin: City Manager
Date Submitted: 10/16/96
For Agenda Of.' 10/23/96
Exhibits: - Letter dated 10/15/96
from USR Greiner; 3 Proposals
from Martin Paving Company, dated
10/14/96
- Letter from City to FDOT dated
10/17/96
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: None
SUMMARY
During the pre-construction conference for the reconstruction project for Runway 4-22,
Marfin Paving Company, the City's Contractor, proposed 3 alternates for the reconstruction
of the runway. The proposals along with recommendations from Mr. Eric Nielsen are
included with this transmittal. The proposal recommended by the City's engineer is to allow
the substitution of 4 inches of cemented coquina rock in place of 3 inches of limerock. This
proposal has been forwarded to FDOT for their review and recommendation.
RECOMMENDATION
Move to accept the recommendation of Eric Nielsen to allow the substitution of 4 inches of
coquina rock in place of 3 inches of limerock subject to Ivlr. Nielsen's specified conditions
for the use of the 4 inches coquina rock in his letter of October 15, 1996, and authorize the//~
City Manager to execute a change order all subject to FDOT approval.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
October 17, 1996
Mr. Irwin L. Oster, P.E.
Assistant Manager
Public Transportation Office
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Dear Mr. Oster:
Re: Value Engineering Change Proposals
Sebastian Municipal Airport Runway-22 Reconstruction
Material Substitution Request
Attached please find a copy of correspondence to me received from Mr. Eric Nielsen, Project
Engineer representing the City of Sebastian, dated October 15, 1996. That correspondence was sent
regarding the proposals submitted by Martin Paving Company for consideration of three alternate
change proposals.
The three alternates are outlined in Mr. Nielsen's letter of October 15, 1996, and within the three
individual submittals by Martin Paving dated October 14, 1996.
USR Greiner, Inc., through their professional engineer, Mr. Eric Nielsen, has recommended the
substitution of 4 inches of cemented coquina rock for the originally proposed 3 inches of limerock
subject to a number of conditions enumerated within his letter dated October 15, 1996. Additionally,
Mr. Nielsen has identified within that letter his reason for his recommendation.
As both City Manager and Airport Manager for the City of Sebastian, I concur with Mr. Nielsen's
conclusions and recommendations. It is my intent to recommend to the City Council at their meeting
of October 23, 1996, the acceptance of the substitution of 4 inches of cemented coquina rock as
recommended by Mr. Nielsen subject to concurrence of the Florida Department of Transportation.
"1
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if there is any additional information that you may need, please contact me, Mr. Eric
Martin Paving Company at your convenience.
TWF/jmt
Attachments
Sincerely,
Thomas W. Frame
City Manager
cc: The Honorable City Council Member Eric Nielsen, P.E., U.RS Oreiner, Inc.
Peter A. Markham, P.E., Martin Paving Company
Nielsen or
URSGreiner
October 15, 1996
Mr. Thomas Frame
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Sebastian Municipal Airport
Runway 4-22 Reconstruction
Material Substitution Request
II
URS Greiner, Inc. ·
315 East Robinson SIreet, Suite 245
Orlando, Florida 32801-1975
Telephone: (407) 422-0353 · , ·
Facsimile: (407) 423-2695
Offices in Principal C/ties Na~/onwicte
Dear Tom:
V100010.PW
Following our discussions dudng the Preconstruction Conference for the referenced project,
we received three separate requests for Value Engineering Change Proposals. These were
as we had discussed dudng the Conference. The three proposals are as follows:
Substitute 3" of Cemented Coquina Base Course (P~212) for 3" of Limerock Base
Course (P-211); use innovative roller/computer techniques - total project savings of
$8,375 (City's share is $837.50).
· Substitute 4" of Cemented Coquina Base Course (P-212) for 3" of Limerock Base
Course (P-211); use innovative roller/computer techniques - no savings to project.
Change the proposed pavement section from a reclaimed subbase with 3" of
Limerock Base Course to a reclaimed base course consisting of the existing
Shell/Shell Rock Base Course, existing Asphalt, and an additional amount of base
course material (limerock or cemented Coquina).
Copies of these requests are attached to this letter. We have reviewed the requests and the
impacts to the project and product and offer the following recommendation:
We recommend that the City of Sebastian accept the proposal to substitute 4" of Cemented
Coquina Base Course (P-212) for 3" of Limerock Base Course (P-211) with the following
conditions:
The contractor shall provide a typical pavement section showing all courses with
dimensions signed and sealed by a Registered Engineer.
· Only the base course thickness will change, the subbase course will remain the
same thickness.
· All compaction requirements shall be as stated on the typical section and in the
specifications (P-212). We have attached a copy of this specification to this letter.
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URS Greiner
Mr. Thomas Frame
October 15, 1996
Page Two
We are not recommending approval of the other requests for the following reasons:
· Substitute 3" of Cemented Coquina for 3" of Limerock Base Course
Inadequate financial savings to the City of Sebastian.
Still a thin section of material.
· Change the Typical Section to a reclaimed base course
The reclaimed base course matedal is not recognized by the FDOT Aviation Division.
Amount of time to get approval would probably delay the project.
Additional testing would have to be added to ensure that the mix is homogeneous.
By accepting the substitution of 4" of Cemented Coquina for 3" of Limerock Base Course,
additional structural integrity is obtained by the thicker pavement section, regardless of the
type of the material. This is a benefit to the runway pavement and the City of Sebastian
without additional cost.
If you have any questions, please feel free to contact me.
Sincerely,
URS Greiner, Inc.
Edc Nielsen, P.E.
Air Transportation Division Manager
EN:dlc
att.
cc: Terry Hill
October 14, 1996
MARTIN PAVING COMPANY
VERO ~AC~. ~-LORIDA 329~I-~990
Mr. Eric Nielsen
GRE!NER, INC.
'Suite 245
315 E. Robinson St.
Orlando, FL 32801
City of Sebastian, Reconstruct Runway 4-22,
Project ~ 3YP-1-95
Martin Paving # 396-095
Martin Paving Company is requesting the city to consider a
Value Engineering Change Proposal (vEcP) on the above
referenced project that we have been awarded. In accordance
with the provisions of article 4-3.5 of the Florida
Department of T:ansportation Standard Specifications for
Road and Bridge Construction, 1991.
The scope of work addressed in this VECP request is to
change the reclamation and compaction of the existing
asphalt pavement and base course and the additio~ of new
base material from a two step operation to a one step
operation. We propose to place the new base material
(limerock or cemented coquina)onto the existing asphalt
pavement and then reclaim the runway blending the new base
material with the existing. We feel that this will provide
a more homogenous base that will perform well. This method
is predicated on obtaining satisfactory Compaction and LBR
temt results on the reclaimed section that are equal to or
greater than the original section.
vRcP
This VECP is a change in construction methods and will not
affect the pay items or quantities. There will therefore be
no change in contract price.
ADVA/qTAGE$ of~rgCP
This change in construction methods will provide a uniform
base material which will perform better than the two
distinct materials as specified.
DI~%DVR%NTJ~Z$ of ArECP
None
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The proposed work will be carried out within the original
scheduled duration of the project. There would not be a
reduction to contract time.
S!ncerely,
MARTIN PAVING COMPANY
Executive Vice President
Florida PE % 16651
cc: Mr. Thomas Frame
City Manager
City of Sebastian
October 14, 1996
N1AF~TIN PAVING COMPANY
OFFICE; t~O7/ 589-~
Mr. Eric Nielsen
GREINER, INC.
Suite 245
315 E. Robinson St.
Orlando, FL 32801
Re:
City of Sebastian, Reconstruct Runway 4-22,
Project 9 A~-1-95
Martin Paving ~ 396-095
Martin Paving Company is requesting the city to consider a
Value Engineering Change Proposal (VECP) on the above
referenced project the= we have been awarded. In accordance
with the provisions of article 4-3.5 of the Florida
Department of Transportation Standard Specifications for
Road and Bridge Construction, 1991.
The scope of work addressed in this VECP request is to
change the base material from three inches of Limerock to
three inches of Cemented Coquina. Cemented Coq~lina is an
approved base course material for FDOT road projects in this
area. The Ce~menEed Coquina would be obtained from a FDOT
approved material supplier.
VECP
(1) Delete item number 3.P211 Limerock Base Course (Min.
compacted thick~ess)
~)Add item number 3.P211A Cemented Coquina Base Course
(Min. 3" compacted thickness)
(3) Utilize innovative roller/computer techniq//es for QA/QC.
~T3~GE$ of%rgcp
(1) This change will result in a savings of $ 16,750.00 to
the contract. We propose to share this savings on a 50%
basis with the owner.
DISADVANTAGES of VECP
(1) We would be using a material that the engineer is not
familiar with.
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The proposed work will be carried out within the original
scheduled duration of the project. There ~ould not be a
reduction to contract time.
Sincerely,
MARTIN PAVING COMPANY
Executive Vice President
Florida PE ~ 16651
cc: PLr. Thomas Fr~ne
City Manager
City of Sebastian
October 14, 1996
MART{N PAVING COMPANY
PO~T (D~ICE I=taX 6990
~AX: (=07) 589'~999
Mr. Eric Nielsen
GREINER, INC.
Suite 245
315 E. Robinson St.
Orlando, FL 32801
City of Sebastian, Reconstruct Runway 4-22,
Project # AP-l-95
Martin Paving ~ 396-095
Martin Paving Company is requesting the city to consider a
Value Engineering Change Proposal (VECP) on the above
referenced project that we have been awarded. In accordance
with the provisions of article 4-3.5 of the Florida
Department of Transportation Standard Specifications for
Road and Bridge Construction, 1991.
The scope of work adchressed in this VECP request is to
change the base material from three inches of Limerock to
four inches of Cemented Coquina. Cemented Coquina is an
approved base course material for FDOT road projects in this
area. Th~ Cemented Coquina would be obtained from a FDOT
approved material supplier.
vECP
(1) Delete item number 3.P211 Limerock Base Course (Min. 3"
compacted thickness)
(2)Add item nu/nber 3.P21LA Cemented Coquina Base Course
(Min. 4" compacted ~hickness)
(3) Utilize innovative roller/computer techniques for QAJQC.
ADVANTAGES of VECP
(])This change will result in a savings of $0 to the
contract. However the owner will be getting a 33%
increase in the amount of new base material.
DISADVA/~TAGE$ of vEcP
(1) We would be using a material that the engineer is not
familiar with.
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The proposed work will be carried out within the original
scheduled duration of the project. There would not be a
reduction to contract time.
Sincerely,
MARTIN PAVING COMPANY
Exscutive vice President
Florida PE ~ 16651
cc: MI. Thomas Frame
City Manager
City of Sebastian
ITEM P-212 SHELL/SHELL-ROCK BASE COURSE
DESCRIPTION
212-1.1 SCOPE. This item shall consist of a base course composed
of shell and binder or shell-rock constructed on a prepared
underlying course in accordance with these specifications and shall
conform to the dimensions and typical cross section shown on the
plans.
MATERIALS
212-2.1 COMPOSITION. Shell materials to be used for shell
stabilized base, shall consist of naturally occurring deposits
formed essentially of broken mollusk shell, corals and the skeletal
remains of other marine invertebrates. Live or steamed shell, or
man-made deposits as a by-product of the shellfish industry will
not be permitted. Shell-rock materials to be used for shell-rock
base shall be defined as naturally occurring heterogeneous deposits
of limestone with interbedded layers or lenses of loose and
cemented shell, to include cemented sands.
212-2.2 DELETERIOUS SUBSTANCES. Shell and shell-rock materials
shall be free of lumps of clay, organic matter, and other
substances not defined which may possess undesirable
characteristics. The material shall not contain silica sand in
sufficient quantity to prevent bonding of the base, or result in a
surface which is susceptible to distortion under construction
traffic.
212-2.3 PHYSICAL AND CHEMICAL PROPERTIES. Shell and shell-rock
materials shall meet the following physical and chemical
requirements:
a. Limerock Bearing Ratio (FM 5-515). The material shall
have an average LBR value of not less than 100. Material
represented by any individual LBR value of less than 90 is
unacceptable.
b. Plasticity (ASTM D 4318). That portion of the material
passing the No. 40 sieve shall be non-plastic.
c. Carbonates (FM 5-514). The minimum percentage of
carbonates of calcium and magnesium shall be 50. For shell-rock
the average of carbonates of calcium and magnesium shall be 60.
For cemented coquina the average minimum percentage of carbonates
of calcium and magnesium shall be 45.
212-2.4 DREDGED SHELL. Dredged shell shall be defined as those
shell materials meeting the requirements of 212-2.3, which are
dredged from ocean, bay or lake deposits. Materials classified as
Dredged Shell shall meet the following gradation requirements:
P-212-1
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Passing 3% inch sieve - 97% (maximum dimension six inches)
Passing No. 4 sieve - Maximum 50%
Passing No. 200 sieve - Maximum 7.5% (by weight)
212-2.5 BANK-RUN SHELL. Bank-run Shell shall be defined as those
shell materials meeting the requirements of 212-2.3 which are
presently found as "dry land" deposits. Materials classified as
Bank-run Shell shall meet the following gradation requirements:
Passing 3½ inch sieve - 97% (maximum dimension six inches)
Passing No. 4 sieve - Maximum 80 %
Passing No. 200 sieve - Maximum 20% (washed)
212-2.6 SHELL-ROCK. Shell-rock shall be defined as materials
meeting the requirements of 212-2.3 which are naturally occurring
heterogeneous deposits of limestone with interbedded layers or
lenses of loose and cemented shell, to include cemented sands.
Materials classified as shell-rock shall be graded uniformly down
to dust and in addition, meet the following gradation requirements:
Passing 3~ inch sieve - 97% (maximum dimension six inches)
Passing No. 4 sieve - Maximum 70%
Passing No. 200 sieve - Maximum 20% (washed)
212-2.7 CEMENTED COQUINA. Cemented Coquina shall be defined as
materials meeting the requirements of 212-2.3 which are natural
occurring deposits formed essentially of broken mollusk shell,
corals and skeletal remains of other marine invertebrates, which
are presently found as "dry land" deposits and which have been
cemented together by carbonates, silicates or other natural
cementing agents. Materials classified as Cemented Coquina shall
meet the following gradation requirements:
Passing 3% inch sieve - 97% (maximum dimension six inches)
Passing No. 4 sieve - Maximum 70%
Passing No. 200 sieve - Maximum 20% (washed)
CONSTRUCTION METHODS
212-3.1 SOURCES OF SUPPLY. The Contractor shall notify the
Engineer, sufficiently in advance, of the intended source of supply
of shell or shell-rock. The shell or shell-rock shall be obtained
from FDOT approved sources. The material in the stockpile shall be
handled in a manner that will secure a uniform and satisfactory
product.
212-3.2 EQUIPMENT. Ail equipment necessary for the proper
construction of this work shall be on the project, in first-class
working condition, and approved by the Engineer before construction
is permitted to start.
P-212-2
The processing plant shall be designed, constructed, operated, and
capable of thoroughly mixing the shell, binder, and water in the
directed proportions to produce base material of the gradation and
consistency required.
212-3.3 PREPARING UNDERLYING COURSE. The underlying course shall
be checked and accepted by the Engineer before placing and
spreading operations are started. Any ruts or soft yielding places
caused by improper drainage conditions, hauling, or any other cause
shall be corrected at the Contractor's expense before the base
course is placed thereon. Material shall not be placed on frozen
subgrade or subbase.
212-3.4 PLANT MIXING. The base material shall be uniformly
blended and mixed in an approved central or travel mixing plant.
The aggregate, together with any blended material, shall be
thoroughly mixed with the required amount of water. After the
mixing is complete, the material shall be transported to, or spread
on, the underlying course without undue loss of the moisture
content.
212-3.5 PLACING ~tND SPREADING. The base course material that is
correctly proportioned or that has been processed in a central
plant shall be placed on the prepared underlying course and
compacted in the thickness shown on the plans. The depositing and
spreading of the material shall commence where designated and shall
progress without breaks. The materials shall be deposited and
spread in lanes in a uniform layer and without segregation of size
to such loose depth that, when compacted, the layer shall have the
required thickness. The material shall be spread by spreader boxes
or other approved devices that shall distribute the material in a
uniform layer. Dumping from vehicles in piles requiring rehandling
will not be permitted. Hauling over the uncompacted base course
shall not be permitted.
212-3.6 TRAVEL PLANT MIX. When the use of a travel plant is
approved, sufficient quantities and proportions of all material
necessary shall be used to provide a base mixture that conforms to
the specified gradation, quality, and thickness. If a windrow
travel plant is employed for mixing, the aggregate shall be placed
in windrows parallel to the pavement centerline. If a traveling
plant is used which mixes previously spread aggregates in-place,
the material shall be spread to a thickness that may be readily
handled by the machine and that will develop the proper thickness
for each layer. The base material shall be of satisfactory
moisture content to obtain maximum density.
After the mixing has been completed, the base material shall be
spread to the required depth and width by a self-powered blade
grader, mechanical spreader, or other approved method. In
spreading, care shall be taken to prevent cutting into the
P-212-3
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underlying layer. The material shall be bladed, disced, and
dragged if necessary until a smooth, uniform surface is obtained
true to line, grade, and cross section and in condition for
compacting.
212-3.7 MIXED IN-P~ACE. When specified or permitted, the base
materials may be proportioned and mixed or blended in-place on the
underlying course. The different layers shall be spread and placed
in the following manner with the relative proportions of the
components of the mixture designated by the Engineer.
The base aggregate shall be deposited and spread evenly on the
subgrade to a uniform thickness and width. Then the binder or
filler shall be deposited and spread evenly over the first layer.
There shall be as many layers of materials added as the Engineer
may direct to obtain the required base mixture.
After the required materials have been placed, they shall be
thoroughly mixed and blended using approved graders, discs,
harrows, or rotary-tillers, supplemented by other suitable
equipment if necessary. The mixing shall continue until the
mixture is uniform throughout. Areas of segregated material shall
be corrected by the addition of binder or filler material and then
thoroughly remixed. If necessary, water in the required amount
shall be uniformly applied as directed by the Engineer prior to and
during the mixing operations to maintain the material at the proper
moisture content. When the mixing and blending has been completed,
the material shall be spread in a uniform layer which, when
compacted, will meet the requirements for thickness and typical
cross section.
212-3.8 GENERAL METHODS FOR PLACING. The base course shall be
constructed in layers not less than 4 inches (100 mm) nor more than
6 inches (150 mm) of compacted thickness. The aggregate, as
spread, shall be of uniform gradation with no pockets of fine or
coarse materials. Unless otherwise permitted by the Engineer, the
aggregate shall not be spread more than 2,000 square yards (1860
square meters) in advance of the rolling. Any necessary sprinkling
shall be kept within this limit. No material shall be placed in
snow or on a soft, muddy, or frozen course.
When more than one layer is required, the construction procedure
described herein shall apply similarly to each layer.
The Engineer shall conduct tests to determine the maximum density
and the proper moisture content of the base material, and this
information will be available to the Contractor. The base material
shall be brought to a satisfactory moisture content when rolling is
started and any minor variations prior to or during rolling shall
be corrected by sprinkling or aeration.
P-212-4
During placing and spreading operations, sufficient caution shall
be exercised to prevent the incorporation of subgrade, subbase, or
shoulder material into the base course mixture.
212-3.9 COMPACTION. Immediately after completion of the spreading
operations, the base course shall be thoroughly compacted. The
number, type, and weight of rollers shall be sufficient to compact
the mixture to the required density.
· !
The field density of the compacted material shall be at least 100
percent of the maximum density of laboratory specimens prepared
from samples of the base material delivered to the job site. The
laboratory
specimens
shall
be
compacted and tested in accordance ·
with ASTM D 698. The in-place field density shall be determined in
accordance with ASTM D 1556 or ASTM D 2167. The moisture content
of the material at the start of compaction shall not be below nor
more than 1-1/2 percentage points above the optimum moisture
content.
212-3.10 SURFACE TOLERANCE. After the course has been completely
compacted, the surface shall be tested for smoothness and accuracy
of grade and crown. Any portion lacking the required smoothness of
failing in accuracy of grade or crown shall be scarified, reshaped,
recompacted, and otherwise manipulated as the Engineer may direct
until the required smoothness and accuracy are obtained. The
finished surface shall not vary more than 3/8 inch (9 mm) from a
16-foot (4.8 m) straightedge when applied to the surface parallel
with, and at right angles to, the centerline.
212-3.11 THICKNESS. The thickness of the base course shall be
determined by depth tests or cores taken at intervals in such
manner that each test shall represent no more than 300 square yards
(280 square meters). When the base deficiency is more than 1/2
inch (12 mm), the Contractor shall correct such areas by
scarifying, and replacing with satisfactory materials, and then
rolling, bonding, and refinishing in accordance with these
specifications. The Contractor shall replace, at his expense, the
base material where borings have been taken for test purposes.
212-3.12 PROTECTION. Work on the base course shall not be
accomplished during freezing temperatures nor when the subgrade is
wet. When the aggregates contain frozen materials or when the
underlying course is frozen, the construction shall be stopped.
Hauling equipment may be routed over completed portions of the base
course, provided no damage results and provided that such equipment
is routed over the full width of the base course, to avoid rutting
or uneven compaction. However, the Engineer in charge shall have
full and specific authority to stop all hauling over completed or
~artiall? completed base course when, in his opinion, such hauling
is causing damage. Any damage resulting to the base course from
P-212-5
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routing equipment over the base course shall be repaired by the
Contractor at his own expense.
212-3.13 MAINTENANCE. Following the completion of the base
course, the Contractor shall perform all maintenance work necessary
to keep the base course in a condition satisfactory for priming.
After priming, the surface shall be kept clean and free from
foreign material. The base course shall be properly drained at all
times. If cleaning is necessary or if the prime coat becomes
disturbed, any work or restitution necessary shall be performed at
the expense of the Contractor.
METHOD OF MEASUREMENT
212-4.1 MEASUREMENT. The quantity of shell or shell-rock base
course to be paid for shall be the number of square yards of base
course material placed, bonded, and accepted in the completed base
course. The quantity of base course material shall be measured in
final position based upon depth tests or cores taken as directed by
the Engineer, at the rate of 1 depth test for each 300 square yards
(280 square meters) of base course, or by means of average end
areas on the complete work computed from elevations to the nearest
0.01 foot (3 mm). Base materials shatl not be included in any
other excavation quantities.
BASIS OF PAYMENT
212-5.1 PAYMENT. Payment shall be made at the contract unit price
per square yard for shell or shell-rock base course. This price
shall be full compensation for furnishing all materials and for all
preparation, hauling, and placing of these materials, and for all
labor, equipment, tools, and incidentals necessary to complete the
item.
Payment will be made under:
Item P-212-5.1 Shell or Shell-rock Base Course -- per square yard
ASTM C 136
TESTING REQUIREMENTS
Sieve or Screen Analysis of Fine and
Aggregate
Coarse
ASTM D 698 Moisture-Content Relations of Soils and Soil
Aggregate Mixtures Using 5.5-1b (2.49-kg) Rammer
and 12-in (305 mm) Drop
ASTM D 1556
Density of Soil in Place by the Sand-Cone Method
P-212-6
ASTM D 1557
ASTM D 2167
ASTM D 4318
FM 5-515
FM 5-514
Moisture-Density Relations of Soils and Soil-
Aggregate Mixtures Using 10-lb (4.5 kg) Rammer and
18-in (145 mm) Drop
Density of Soil in Place by the Rubber-Balloon
method
Liquid Limit, Plastic Limit, and Plasticity Index
of Soils
Limerock Bearing Ratio
Chemical Properties
P-212-7
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City of Sebastian
1225 MAiN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT:
Vacation of Easement - Heitzman
Lots 37, Block 299, Unit 10
APPROVED FOR SUBMITTAL By:
City Manager:_-~.~'(~,~a~
AGENDA FORM
AGENDA NO.
Dept. Origin:
Date Submitted:
For Agenda Of:
Exhibits:
10/23/96
Application
Survey
No Objection Letters
Objection Letter
StaffReport
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
We have received a request for an abandonment of the n0~st 5 feet of the southeast 20 foot
rear public utility and drainage easement of Lot 37, Blocl~299,~Sebastian Highlands Unit 10,
less the northeast 6 feet and the southwest 6 feet. All utilit~s-4'five been notified. John Hill and the
Director of Community Development recommend that this request be denied. Their letters are
included in your packet.
RECOMMENDED ACTION
Deny request for abandonment of easement for Lot 37, Bloc ebastian Highlands Unt 10.
CITY OF SEBASTIAN
APP'-~CATION FO. VACAT~0N OF ~-ASEMENT¢")
(This request shall/_n° ba acce~.,.unless
*Individual, corporation, etc. - ~f corporation apply corporate
seal below
~EGAL DESCRIPTION OF REAL P~OPERTY ON wHIcH EASEMENT EXISTS:
(At'%aCh' deS~rlP~i'~n on ~t~ac~ent i'f necessary)
DESCRIPTIVE .LOCATION OF EASEMENT TO BE ABANDONED:
(This l~em to be filled in by ~uilding Of. fioial}
( )2.
( N/A )
( ) 3.
(N/A)
( )4.
( N/A )
( )5.
( ) 6.
APPROXIMATE SIZE OF EASEMENT: ~~='~'
feet in length ~n~'
width
PURPOSE ~a REOUEST TO VACATE:
(Expl~'in in de%all 9our ns6d 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 am authorized
to present this request to vacate by the owner of the real
stgnedl~tle~ Date
Please Print Name Here
Attach hereto the following:
( ) 1. MaD, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW TNE EASEMENT CLEARLY ON DRAWINg.
Complete legal description of the parcel of land on which
the easement exists if the full descrtutton cannot be
placed on the lines provided above for ~he descriD~ion.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
oWne~.
IF IT IS NECESSARY TO GRANT SACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
Attach e 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 $25.00. --
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DESCRIPTION: Lot 57, Block 299, according to the plot of SEBASTIAN HIGHLANDS
UNIT 10, recorded in Plot Bock §,-Page .37, of the Public R~ords
of. Indian River County, Florida. ~ ~ ~ /
' ADDRESS: 1279 George Street, Sebastian, FL. ~
( ~ANDSDOmE DRIVE (P) ~_
2o9.~,' )~l GEORGE SmEET (NOW)..
J
50' DRAINAGE R/W
sl~ P~N NO~S:
1. Subject to cll~t end pe~lttln~ ~gency a~provoL
~ Contrec[or la to verify aetbecks end location of exlsUng utllltles.
5. House dlmenalona m~y be approximate. Refer to opprove~ bu,dlng plans for cons[mcUon dlm~alo.a.
~. Property contelne no [ree~ 20' dlometer or larger.
NO~S
DA~ BY
ANOELO ZAFFUTO; ~iTE
JOSEPH ZAF~TO;
RUGGERO RENUCCI
DES~RI~ON REFER~. Prepored by ~u~r. , ............ SCA~
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r
TRADEWINDS GROUP
7410 S. FEDERAL HIGHWAY, SUITE 207
PORT ST. LUCIE, FLORIDA 34952
TE~)~3281
~ '
Iron Rod and Cop (Sucidey L$ 4155) C]-Found Cid
~Found Ir~ Rod (and C4p) ·-Found Pipe (and Cap)
ABBRE~A~ONS
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AI~ANDoN
Staff Report
MENT OF EASEMENT
1.
e
i 6.
a. Address:
b. Legal:
Project Owner:
a. Name:
b. Address:
Project Agent:
Project Name:
Property of Robert j. Heitzman
rRe:qr U:us, t~,e. d Acti°n: Aban~,,.. _ . *
.... ~ uuc Utilifl, a_.~ _ ".'"ument ott
· °uthwest six fee'S,- ,u ara~na e~e n. orthwest ~ _
Project LOcation: -' ~astian H~*~ s~x feet
'~-~ands Unit ~ 0. -"~ the
1279 George Street
Lots 37, Block 299, Sebastian Highlands Unit
Robert j. Heitzman
1279 George Street
Narrative of pro,,___ _ .
[or ~ ~,~c~or,~?.,~,o,: ,~ .... ..
~':'Seme,-,t to ~o~'~'Z'.~ o,, 5 feet of Z?_'~'°n/',as be
'"'" ~,:~ a SWimmk,,., _--.,_, =.,:qr 20 foot ,~, .[e,.n
,,u pOOl and scr~,~'~uuc Utility made
'~=~ enclosure: and drainage
ZOning: RS~lO (Residential Single Family)
Land Use: LD (Low Density)
Utilities Comments:
a. Florida Power & Light:
Southern Bell:
Falcon Cable:
Indian River County Utilities:
Craven Thompson (drainage):
ApProved
ApPrOVed
ApProved
ApProved
Denied
a. Name:
I b. Address: NIA
Project Description:
a.
Community Development Director Comments: The applicant wishes to build a
new structure into the easement area. He has already built a large screened
structure over a concrete slab which is what now limits the area he has for the
proposed pool. Staff sees no hardship in this case and would suggest that Mr.
Heitzman either redesign the pool to fit in the available area or reduce the size of the
existing screened deck. The applicant was informed of the objection of the
Consulting Drainage Engineer and advised that he must resolve the objection before
this abandonment is presented to City Council for their approval. Staff has been
informed by Mr. Heitzman that he plans to redesign the pool to stay out of the
existing easement. However Mr. Heitzman has not withdrawn his application for
abandonment of easement. The request is for the construction of a new structure.
The staff therefore recommends denial of the application for abandonment of
easement.
Staff Recommendation: The staff recommends that the City Council find that the
easement as described above is with the public interest and finds that there is a
public necessity at the present time and as regards the future growth of the city.
The staff recommends that the City Council deny the application to abandonment of
the northwest 5 feet of the southeast 20 foot rear public utility and drainage
easement, less the northeast six feet and the southwest six feet thereof of lot 37,
block 299, Sebastian Highlands Unit 10.
PREPAR~ED BY
DATE
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CRAVEN TI-iOM~PSON & ASSOCIATES~ INC.
Engineers
Planners
Surveyors
2770 Indian River Boulevard, Suite 203
Vero Beach, Florida 32960
Telephone: (407) 778-3002
Telefax: (407) 778-3000
September 11, 1996
Mrs. Kathryn O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958 Via Telefax: 589 5570 and US Mail
Re: Easement Vacation: NW 5' of the SE 20' Rear Public Utility and Drainage Easement. Lot
37, Block 299, Sebastian Highlands Unit 10. Request for vacation of easement by Robert
Heitzman.
Dear Mrs. O'Halloran,
This firm does not recommend approval of the vacation of any of the rear easement in this
location, inasmuch as it is situated on an important secondary drainage R/W that serves a large
area. City access for maintenance and drainage improvements will be required.
Sinfi~erely,
C[a~?,~, T.hompson &?sociates, Inc.
/' jol~n,~ HIll,'P.E~, V,ce President
[ gegiste~d Engineer 17002
lofida
09711796
09:58 FA~ 407 778 3000
CRAVEN TI~0MPSON
001 I
CRAv~ THO~fl~SON & ASSoc~TES,/L~C.
Surveyors
2770 Indian River Boulevard, Suite 263
Veto Baae~ Florida 32960
Telephone: (407) 7784002
Telefax: (407) 778-3000
September 11, 1996
Mrs. Kathryn O'~alloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Via Telefax ' 589 5570 and US Mail
Re: Easement Vacation: NW 5' of the SE 20' Rear Public Utility and Drainage Easement. Lot
37, Block-299, Sebastian Highlands Unit 10. Request for vacation of easement by Robert
Fieitzman.
Dear Mrs. O'Halloran,
This firm does not recommend approval of the vacation of any of the rear easement in this
location, inasmuch as it is situated on an important secondary drainage RAV that serves a large
area. City access for maintenance and drainage improvements will be required.
Sir34erdy' ·
C,t'a~ Thompson_, _ & Associates,
Il, ice President
orida
,~'~'~JA~L1GZ'00 MON 22:12
i=pl_
TEL NO: ~048 P02
1050 SE 15randon Circle
Port St. Lucle, FL 34952
October 7, 1996
City of Sebast/an
1225 Main St.
Sebastian, FL 32958
Attn: Kathryn O'Halloran
I~; Abandonment of Easements
Dear Kath~n;
FPL has no objection to the vacating of the following described' easement:
The northwest 5 feet of Southeast 20 foot rear Pulblic Utility and Drainage easement of
L~t 37, Block 299, Sebastian Highlands Unit 10, less the northeast 6 feet thereof.
If I can be of any assistance, please call me at 489-6254.
Sincerely;
Ralph Grant
11:01 EXECUTIUE SUPPORT NETWORK -~ CITY OF SEt~ASTIN N0.700
09/06/96 ~6 0~:~8~M CI~ ~ ~TI~
Citg of Sebastian
I
1225 MAIN STREET = 8EBA~FIAN, I~OfilDA 3Lx~8 l
T~HONE (407) ~9-~0 o FAX (~
REOU~ FOR A~D~~ OF ~,~~
~~~'" /. ~~ ........ ~' 1
I
~TS:
to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No. i
Return
($61)559..5570.
g.., .04. g~ 10:57 Am P01
I ~.~ ~ '9~ O-~:~PM CITY 0~' SE~$TI~ P. 1
THLEPHONE (407) 58g-5~0 u F~ (407} ~e ~570
I
~efl~tion ~~ to be abaadoned. ~ ~OR~T $ ~T O~ ~
I ~O~~T 20'OOT~RP~CU~~D D~AGE ~~ O' LOT
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Return 'to: Lind-, Galley, City of Sebastian, City Clerk's Office, Fax No.
BOARD OF CO UNTY COMMISSIONERS
DEPAR TME~VT OF UTILITY SER VICES
1840 25th ~et, Veto Beach, Florida 329~
F~: (407) ~0-5143
September 27, 1996 .
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SUBJECT: RELEASE OF EASEMENT
Dear Ms. O'Halloran:
The Department of Utility Services has found that no water and/or
wastewater utilities exist within the northwest five (5) feet of
the southeast 20 foot rear public utility and drainage easement of
Lot 37, Block 299, Sebastian Highlands, Unit 10, less the northeast
six (6) feet and the southwest six'(6) feet thereof. Therefore, we
would not object to the release of said easement.
If you need additional information, please contact me at 770-5320.
Sincerely,
Terry H. Drum, PS~
GIS Coordinator
THD/c
cc: Terrance G. Pinto, Director of Utility Services
(CSEBHILA.THD)
S~P 27 '96 ll:S6AM I R CO UTILITIES
i . ' BOARD OFCO~
D B. PA.R TMF.,V]
September 27, 1996
Kathryn M. 0'Ha!loran, CMC/
City Clmrk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SUBJECT: RELEASE OF EA$~MEI
Dear Ms. 0'Halloran:
The DeDar~ment of Utility S;
was=mwatmr u~ili=ies exist,
the southeast 20 foot rear ~
Lot 37, Block 299, Sebastia~
six (6) feet and =he southwe
would not object to the tel
If you need additional info:
Sincerely,
[ ./4,
Terry~. Drum,
GIS Coordinator
THD/c
cc: Tmrrance G. Pin=o,
( CSEBHI LA. THD )
~NTY COMMISSIONERS
' OF UTII. JTY SI&l{ IqCES
t, V, ro B,,~A, Florid,, 32960
~rvices has found that no water and/or
within T_he nor=hwes= five (5) feet of
ublio utility and drainage easemenU of
Highlands, Unit 10, lems ~he ncNt_heas=
~t six (6) feet thereof. Therefore, we
~ase of said easement.
ne=ion, please contact me at 770-5320.
tctor of Utility Se~vicms
City of Sebastian
i 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Resolution R-96-83
Adopting Capital Budget FY 96-97
Approval For Submittal By:
)
)
)
)
)
)
)
) AGENDA NO
)
Dept. Origin: City Manager
Date Submitted: 10/16/96
For Agenda Of: 10/23/96
Exhibits: -Proposed
Resolution R-96-83
-Proposed Capital Budget
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
As an adjunct to the adoption of the City's Operating Budget for FY 1996-1997, the Finance
Department in coordination with the City Manager and other departments has prepared a 5
Year Capital Improvement Budget which has been previously reviewed by the City Council
and w/Il have been reviewed by the Ci~'s Planning and Zoning Commission serving as the
Local Planning Agency.
RECOMMENDATION
Approval of Resolution R-96-83
Fiscal Year 1996-1997.
approving the 5 Year Capital Improvement Budget for
RESOLUTION R-96-83
A RESOLUTION OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, ADOPTING A
CAPITAL BUDGET FOR FISCAL YEAR 1996-1997
AND A 5 YEAR CAPITAL II~PROVEMENT PROGRAM
FOR THE CITY OF SEBASTIAN FOR FISCAL YEARS
1997-2001; PROVIDING REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida
finds that it is in the best interest of its citizens and taxpayers
to provide for financial planning; and
WHEREAS, a detailed Capital Budget is necessary for the proper
annual operation of the City and its desired Capital program;
WHEREAS, the Capital Improvement Budget and the five year
Capital Improvement Programs have been reviewed by both the City
Council the City Planning Zoning Commission;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows:
SECTION 1. The Capital Budget for Fiscal Year 1996-1997 and
a 5 year Capital Improvement Program for the City of Sebastian is
attached hereto.
SECTION 2. Ail Resolutions or
conflict herewith are hereby repealed.
SECTION 3.
its adoption.
parts of Resolutions in
This Resolution shall take effect immediately upon
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The foregoing Resolution was moved
Councilmember
The motion
Councilmember
to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
for adoption by
was seconded by
, upon being put
The Mayor thereupon declared this Resolution duly passed
adopted this day of , 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form Content:
Valerie F. Settles, City Attorney
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
Ordinance No. O-96-31
Proposed Charter Revision
Election of the Mayor
CITY COUNCIL AGENDA
TRANSMITTAL
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
10/16/96
10/23/96
APPROVED FOR SUBMITTAL:
EXRmITS:
Expenditure Required:
Amount Budgeted:
Proposed O-96-31
Appropriation Required:
SUMMARY STATEMENT
City Council, at its June 10, 1996 workshop, discussed a proposed charter amendment regarding
election of the Mayor by the people and four year terms for Council, both of which were denied
by a previous City Council for placement on the March 1996 ballot.
Mayor Cartwfight requested that these questions be readressed by this City Council and at its
October 2, 1996 workshop, City Council reviewed the two questions and by consensus, agreed
to consider only the question of the Mayor being elected at a general election.
The City Attorney has prepared a final ordinance in legislative format for first reading.
RECOMM[EblDATIQN
Approve Ordinance No. 0-96-31 on first reading and schedule a second reading, public hearing
and final adoption for November 20, 1996, for placement on the March 11, 1997 ballot.
ORDINANCE NO. 0-96-31
AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO
THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE
II OF THE CITY CHARTER TO PROVIDE FOR THE
ELECTION OF THE MAYOR AT A GENERAL ELECTION
ON THE SECOND TUESDAY OF MARCH OF EVERY ODD
NUMBERED YEAR; PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED;
PROVIDING THE TiME AND PLACES FOR HOLDING
SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY
CLERK TO PROVIDE THE SUPERVISOR 'OF ELECTIONS
OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY
OF THE PROPOSED ORDINANCE; PROVIDING FOR
PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 Florida Statutes (~) provides
that the governing body of a municipality may submit to the
electors of that municipality a proposed amendment to all or part
of its charter for approval; and
WHEREAS, the City Council of the City of Sebastian, Florida,
"City Council" has determined that certain amendments should be
made to the City Charter in order to provide for the Mayor to be
elected at a general election on the second Tuesday in March
every odd numbered year; and
WHEREAS, the City Council has decided to submit the proposed
amendment to the City Charter to the electors of the City of
Sebastian, pursuant to Section 166.031 ~
NOW, THEREFORE, BE IT ENACTED by the City Council of the
City of Sebastian, as follows:
Seotion 1. That upon passage of Referendum No. 1 by the
electors of the City, Article II, Section 2.01, of the City
Charter shall be amended as follows:
Sec. 2.01 composition.
_
There shall be a city council consisting of a mayor and
f~~ ~ council members elected by the
qualified voters of the city at large.
Section' 2. That upon the passage of Referendum No. 1 by the
electorate of the City of Sebastian Article.II, Section 2.03, of
the City Charter shall be amended as follows.
Sec. 2.03 Election. ~
(a) T,he offi¢= of mayo~, w~ose ~eim =xpires in ~,
=~en numbered yea~. There shall be held a genera
election for a mavor and two (2~ council members on the
second Tuesda~ {n March of~ each odd n~bered Year
commen~ Wi~h the ~eneral election in March. 1~99.
and a ~en-eral electioh for two (2~ counC{i members 0~
the Se~on~Tuesdav in March of each even-nUmbered Year
~ommencin~ with t~e~eneral election in March. 1998~
Section 3. That upon passage of Referendum No. 1 by the
electors of the City, Article II, Section, Section 2.04, of the
.
Clty Charter is amended as follows:
Sec. 2.0? Terms.
(a) Beg~nni~q in March of 1999~ T~he terms of the
council members and the mayor shall be for two (2)
years, or until a successor has been duly elected or
appointed and sworn.
(b) The term of the mayor and each newly elected
council member shall begin on the Monday following the
election, at a special meeting of the city council to
be held for the purpose of swearing in such newly
elected officials. If a regular city meeting is to be
held the Monday following the election, the newly
elected officials shall be sworn in at the conclusion
of such regular meeting.
Section 4. That upon passage of Referendum No. 2 by the
electors of the City, Article ii, Section 2.06, of the City
Charter is hereby amended as follows:
Sec. 2.06 Mayor; vice-mayor.
(a) Mayor--Selection and term. Commencing March 1994,
and ending when a mayor is elected in March. 1999~
pursuant to Section 2.03(a~. after the seating of any
newly elected council members, mt th~~--~ o~h=d~i~d ....
{~, at the special or other meetin~of the City
Council held pursuant to Section 2.04 (b),the new city
council shall, as the first order of business, elect a
mayor from among its members. The incumbent mayor or
in his or her absence, the vice-mayor or in his or her
absence, the senior member of city council, shall ask
for nominations for mayor. After all nominations have
been made, the nominations shall be closed. The city
clerk shall then call the roll of the council members
and each council member shall cast an affirmative vote
for the council member of their choice. The council
member that receives a majority vote shall be elected
mayor. In the event no council member receives a
majority of the votes cast on the first ballot,
balloting with sequential roll calls shall continue
until a council member receives a midget vote, Council
members shall not nominate themselves. Only elected
council members shall be eligible for the office of
mayor.
Section 5. An election is hereby Called and scheduled to be
held on March 11, 1997, to determine whether the above referenced
amendment to the City Charter will be approved by a majority of
the votes cast in such election, in which the qualified electors
residing in the City shall participate.
Section 6. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, in the
regular election, as determined by applicable provisions of
Florida law, which are currently as follows:
Precinct 12 ..................... The Sebastian Community Center
1805 North Central Avenue
Precinct 14 ...................... First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 ...................... The North indian River County
Library, 1001 Fellsmere Road
(CE 512)
Precinct 16 ...................... Sebastian Elks Lodge #2714
731 South Fleming Street
The polls shall open at such voting places on March 11,
1997, from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors
residing within the City of Sebastian shall be entitled to
participate and vote in Such election.
Section 7. All Ordinances or parts of Ordinances of the city
in conflict with the provisions of this Ordinance are hereby
superseded to the extent of such conflict.
Section S. If any section, provision, clause, phrase, or
application of this Ordinance is held invalid or unconstitutional
for any reason by any court of competent jurisdiction, the
remaining provisions of this Ordinance shall be deemed severable
therefrom and shall be construed as reasonable and necessary to
achieve the lawful purposes of this Ordinance.
Section 9. The purpose of this election is to present a
referendum to the electors of the City of Sebastian concerning
The ballot shall be
proposed amendments to the city Charter.
substantially in the following form:
4
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 1:
ELECTION OF MAYOR
Shall the City of Sebastian amend the City Charter to
provide that the mayor be elected at a general election
in March of 1999 and in every odd number year
thereafter instead of being appointed every year by the
city council, and to conform remaining provisions with
the amendments?
Yes for Approval
No for Rejection
Section 15. This Ordinance shall go into effect immediately
upon its passage and adoption.
The foregoing Ordinance was moved for adoption by
Councilmember
The
follows:
motion was seconded by Councilmember
and, upon being put to a vote, the vote was as
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
5
The Mayor there upon declared this Ordinance duly passed and
adopted this day of . . . , 1996.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST.
City Clerk
(Seal) .
Approved as to Form and Content.
~alerie settles
City Attorney
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of ,
1996, and that following said public hearing this Ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
C:\WPWIN60\WPDOCS\VALERIE\ELEC
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
i CITY COUNCIL AGENDA
TRANSMITTAL
SUBJECT:
Ordinance No. O-96-32
Proposed Charter Revision
Airport Leases - Forty Years
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
APPROVED FOR SUBMITTAL: EXHIBITS:
Expenditure Required: I Amount Budgeted:
Proposed 0-96-32
Appropriation Required:
SUMMARY STATEMENT
City Council, at its June 10, 1996 workshop, discussed a proposed charter amendment to increase
airport lease terms to 50 years which failed at the March 1996 election and directed the City Clerk
to ascertain when the proposed charter amendment could go back on the ballot. City Council was
advised that after discussion with the Supervisor of Elections it would be best to wait until the
March 11, 1997 election.
At its October 2, 1996 workshop, City Council by consensus, agreed with a term of 40 years for
airport leases. The City Attorney has prepared a final ordinance in legislative format and it is
presented for first reading.
RECOMMENDATION
Approve Ordinance No. 0-96-32 on first reading and schedule a second reading, public hearing
and final adoption for November 20, 1996, for placement on the March 11, 1997 ballot.
. I
.!
I
ORDINANCE NO. I
AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO I
THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE
I OF THE CITY CHARTER WHICH PROVIDES FOR AN
INCREASE IN THE MAXIMUM ALLOWABLE TERM FOR I
LEASES OF AIRPORT PROPERTy, FROM TWENTY (20)
YEARS TO FORTY (40) YEARS, PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING ~HE TIME AND PLACES FOR i
HOLDING SUCH ELECTION, ESTABLISHING THE FORM
OF THE BALLOT FOR SUCH ELECTION, DIRECTING
THE CITY CLERK TO PROVIDE THE SUPERVISOR OF I
ELECTIONS OF INDIAN RIVER COUNTY, FLORID~
WITH A COPY OF THE PROPOSED ORDINANCE~
PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION, I
AND PROVIDING FoR AN EFFECTIVE D TE.
WHEREAS, Section 166.03~ Florida Stptutes (F.S.). provides I
that the governing body ~f a municipality may submit to the
electors of that municipality a proposed amendment to all or part I
of its charter for approval; and.. I
WHEREAS, the City Council of the City of Sebastian, Florida,
"City Council" has determined that certain amendments should be I
made to the City Charter in order, to increase the maximum I
allowable lease term for leases of airport property from fifty
,-. (/~0) years to fifty ~g0$ years; and I
WHEREAS, the City Council has decided to submit the proposed
amendment to the City Charter 'to the electors of the City of I
Sebastian, pursuant to Section 166.031 F.S. I
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Sebastian, as follows:
Section 1. That upon passage of Referendum No.2 by the
electors of the City, Article I, Section 1.02 of the City Charter
hereby amended as follows:
Sec. 1.02 Extraterritorial powers.
In addition to the powers enumerated
herein, the city shall be vested with all
extraterritorial powers heretofore granted
by the prior Charter of the City of
Sebastian, Florida, as follows:
**********
(7) Airports. To purchase, acquire,
take, hold, establish, construct, equip,
maintain and operate municipal airports,
landing fields, hangars, aviation
terminals and administration buildings,
runways, depots, warehouses, garages,
repair shops, oil and fuel tanks or
stations, or other necessary
appurtenances for the use of airplanes
and other aircraft, and to acquire or
lease any and all real property within
the corporate limits, or within ten (10)
miles of the boundaries thereof, for
such purpose; to set apart and use for
such purpose any real property owned or
leased by the city, whether or not
originally acquired by condemnation,
purchase or lease for another purpose;
to adopt and enforce reasonable rules
and regulations governing the use of
such municipal airports; to employ
airport directors, airport managers,
employees or agents in connection with
such operation; to impose fees or
charges in connection with the use of
such airport or airport facilities; to
sell gasoline or other supplies
necessary in connection with the
operation of such airports; to provide
lounges, eating places, refreshment
parlors and other facilities in
connection with such municipal airport;
to let or lease to private persons or
corporation portions of said airports
2
for building sites, hangar space,
concessions or other uses for a term not
to exceed twenty (20} ~ years;
to prescribe and promulgate rules and
regulations for the operation; to accept
and receive grants from the state and
federal government and any body politic
for the construction, maintenance,
operation and management of such airport
facilities.
Section 2. An election is hereby called and scheduled
to be held on March 11, 1997, to determine whether the above
referenced amendment to the City Charter will be approved
majority of the votes cast in such election, in which the
qualified electors residing in the city shall participate.
Section 3. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, in the
regular election, as determined by applicable provisions of
Florida law, which are currently as follows:
Precinct 12 ................ The Sebastian Community Center
1805 North Central Avenue
Precinct 14 ................ First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 ................. The North Indian River County
Library, 1001 Fellsmere Road
(CR 512)
Precinct 16 ................. Sebastian Elks Lodge ~2714
731 South Fleming Street
The polls shall open at such voting places on March 11,
1997, from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors
residing within the City of Sebastian shall be entitled to
participate and vote in such election.
Seotion 4. Ail ordinances or parts of Ordinances of the City
in conflict with the provisions of this Ordinance are hereby
superseded to the extent of such conflict.
Seotlon 5. If any section, provision, clause, phrase, or
application of this Ordinance is held invalid or unconstitutional
for any reason by any court of competent jurisdiction, the
remaining provisions of this Ordinance shall be deemed severable
therefrom and shall be construed as reasonable and necessary to
achieve the lawful purposes of this Ordinance.
Seotion 6. The purpose of this election is to present a
referendum to'the electors of the City of Sebastian concerning
proposed amendments to the City Charter. The ballot shall be
substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No~ 2:
EXTENDING MAXIMUM ALLOWABLE TERM LEASES
OF AIRPORT LAND FROM 20 TO 40 YEARS
Shall the City of Sebastian amend the City Charter to extend the
maximum allowable lease term for airport property from 20 years
to 40 years?
Yes for ApprovaI
No for Rejection
Section 7. This Ordinance shall go into effect immediately
upon its passage and adoption by the electorate.
4
The foregoing Ordinance was moved for adoption by
Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and
adopted this
day of , 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright,Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles
City Attorney
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of .. ,
1996, and that following said public hearing this Ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk