HomeMy WebLinkAbout10261994 City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589*5330 [] FAX (407) 589-5570
AGENDA
I SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 26, 1994 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend C. Robert Merola, Jr. - St.
Elizabeth's Church ____
94.251
PG i
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS
Items not on the written agenda
upon unanimous consent of the Council
(Resolution No. R-93-19).
AND/OR DELET,~QNS) -
may be added only
members present
6o PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Veterans of Foreign Wars -
189 - Buddy Poppy Days - November 4 and 5,
John O'Neill Accepting
Lodge
1994 -
94.021
PGS 3-6
PGS 7-23
94.252
PGS 25-34
94.210
PGS 35-36
PUBLIC HEARING, I~ ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please ~ot~,,,: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
~ NO___=. 0-94r10 - Trinity Lutheran Church -
Abandonment of Right-of-Way (Director of
Community Development Transmittal dated 10/20/94
0-94-10) '
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, ABANDONING A PORTION OF THE ROAD RIGHT-OF-WAY
FOR SCHUMANN DRIVE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
!NTRODUC,TIO~N O__~F NE__W_W ~ ~y .THE ,PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
9. CONSENT AGENDA
Ail items on the consent agenda hare considered to~
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.
As
Approval of Minutes - 10/12/94 Regular Meeting
Traffic Signal Maintenance Agreement with Indian
River County (City Manager Transmittal dated
10/17/94, Proposed Agreement)
Seahouse Ditch - JoBear, Inc. - Approve Change
Order #1 - Authorize Payment of $1,416
(Engineering/Public Works Transmittal dated
10/19/94, JoBear Letter)
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94.253
PGS 37-48
94.254
PGS 49-50
10.
11.
PGS 51~54
94.255
PGS 55-58
94.256
PGS 59-61
94.257
PGS 63-67
94.258
PGS 69-71
94.259
PGS 73-76
12.
94.239
PGS 77-84
Purchase Two Dump Trucks F700 and BBC Tandem -
State Contract 070-700-450 Price - Atlantic Ford
Truck Sales - $78,276.00 (Engineering/Public
Works Transmittal dated 10/18/94, Atlantic Quote)
Barbara Schardt - Request Use of Community Center
- Scott Family Benefit Fish Fry - 11/5/94 - Noon
to 6:00 p.m. - $5.00 Donation - A/B - Permittee
DOB 9/30/53 - Security Pd. (City Clerk
Transmittal dated 10/17/94, Application)
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
CONSTRUCTION BOARD (Director of Community
Development Transmittal dated 10/17/94,
City Clerk Memo dated 10/18/94, Applications)
Reappoint Truman Smith as Regular Member -
Three Year HARV Position - Expires 9/30/97
Reappoint Randy Mosby as Regular Member -
Three Year Engineer Position - Expires
9/30/97
3. Reappoint Keith Miller as Regular Concerned
Citizen Position - Expires 9/30/97
Appoint Thomas Cecrle as Regular Member to
Replace Michael Capp - Three Year Regular
Position - Expires 9/30/97
Appoint Nicholas Messina as Alternate Member
- Concerned citizen - New Position - Expires
9/30/97
oL,D BUSINESS
As
RESOLUTION NO. R-94-50 - Use of Community Center,
Yacht Club, Council Chambers (City Clerk
Transmittal dated 10/20/94, R-94-50)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE USE OF THE
SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND
CITY COUNCIL CHAMBERS; PROMULGATING RULES AND
PROCEDURES FOR THE USE OF SUCH FACILITIES; PROVIDING
FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS,
AND OTHER CHARGES; PRECLUDING THE USE OF THE
FACILITIES FOR COMMERCIAL PROFIT GENERATING
ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
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94.227
· GB 85-91
13.
94.248
PGS 93-96
94.260
PGB 9?-99
14.
94.261
PGS 101-116
15.
16.
Bo
Craft Club of Sebastian - Riverview Park Use
(City clerk Transmittal dated 10/18/94, Deyter
Letters dated 10/5/94 and 9/1/94, 9/14/94
Minutes, Donations List)
ORDINANCE NO. O-94-11 - Airport Rezoning
(Director of Community Development Transmittal
dated 10/20/94, O-94-11)
1st Reading, Set Public Hearing for 12/7/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL
AIRPORT FORM IN (INDUSTRIAL DISTRICT) TO AI (AIRPORT
AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Schedule Quasi-Judicial Hearing for Indian River
Tree Recycling and Mulch - Special Use Permit
Request (Director of Community Development
Transmittal dated 10/10/94, Application)
CITY COUNCIL MATTERS
A. ~ Arthur Firtion
B. Vice Ma~ Carolyn Corum
Combating Brazilian Peppers in Sebastian
(Corum Transmittal dated 10/18/94,
Eradication Techniques, Applicator's Guide,
Homeowner's Guide).
C. Mrs. Norma DamR
D. Mr. Robert Freeland
E. Mr. Frank Oberbeck
CIT____~Y ATTORNEY MATTER~
CITY MANAGER MATTERS
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17. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
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~HEREAS, the anfiua~ ~&l~ o~ ~uddy'PoPpie~ by
Veterans of Foreign Wars of the United States, an
organization chartered by the congress, has been officially'
recognized' and endorsed by the PreSid~nt Of the United States
and the Veterans Admini~tratio.~ and.~ ].i' i'" -. -.
~ ~,.,~ ~~ . .~".,i ~'~0 .'~: ~ ~ ~ ~,' ~ ~ .-
WHE~E~], the p~oce~d~'of this
campaign are used exclusively for the benefit of disabled 'a~d
needy Veterans, and the Widow] and. orphan~i~dec~ased.
Veterans} and . . ; ,. ';~, · ,~:,, .:.~
WHEREAS, the basic pUrpOSe cf'the ann~al sal~' of Buddy
Poppies by{Veterans of Foreign wars is ~loquently reflected
in the desire to Honor the Dead by Helping fhe Living .
NOW THEREFORE, I, Arthur FirtiO~, by virtue of the
authority vested in me as Mayor of the City of Sebastian,
Florida, do hereby proclai~ November 4th end November 5th as
Buddy Poppy Days, and urge all citizens of this community to
contribute generously to its ~upport through the purchase
Buddy Poppies. I urge all patriotic citizens to wear a Buddy
Poppy as mute evidence of our gratitude to the men and women
· of this country who have risked their lives in defense o~ the
freedoms which we continue to enjoy aS American cit~ens.
IN WITNESS WHEREoF~" i have hereunto set my hand and
affixed the seal of the City of Sebastian, Indian River
county, Florida this 26th day o£ October~ 1994. :'.
L. Fift£6h, ~ayof
ATTEST: ,~
Kathryn M. O'Halloran, City Clerk
City of Sebastian
1225 MAiN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT: PUBLIC HEARING ON ) Agenda Number:
ORDINANCE 0-94-10 ABANDONMENT OF A )
PORTION OF SCHUMANN DRIVE RIGHT-OF-) Dept. Origin: Community Development
WAY TO TRINITY LUTHERAN CHURCH ) (BC)
Approved For Submittal By:
City Manager ~?"~~
) Date Submitted: 10/20/94
)
) For Agenda Of: 10/26/94
)
) Exhibits: Ordinance 0-94-10
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At their regular meeting of September 28, 1994, the City Council approved
the first reading of Ordinance 0-94-10 to abandon a portion of the
Schumann Drive right-of-way for Trinity LutherMn Church, and set~ublic
hearing for October 26, 1994.
RECOMMENDED ACTION
Move to approve Ordinance 0-94-10.
ORDINANCE NO. O-94W~0
~ ORDZNANCE OF THE CZTY OF SEB~STZ~, ZNDZ~d~i RZVER
COUNTY, F~ORZD&, AB~NDONZNG & PORTZON OF THE ROAD
R~GHT-OF-W~Y OF ~CH~ DR~VE; PROViDiNG FOR
SEVEI~,BZLITY; PROVZDING FOR CONFLZCT; ~ PROVZDZNG FOR
~ EFFECTZVE D~TE.
WHEREAS, the City Council of the City of Sebastian,
Florida, has determined that a portion of the road right-of-way
of Schumann Drive is not needed and that it would be in the best
interests of the City that said road right-of-way be abandoned,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The City of Sebastian hereby abandons its road
right-of-way over the property described as:
A portion of Schumann Drive, as shown on Plat
of Sebastian Highlands Unit 7, as recorded in
Plat Book 6, Page 6, Public Records of Indian
River County, Florida, more particularly
described as follows: Commence at the
Northeast corner of Lot l, Block 406, as shown
on said Plat of Sebastian Highlands Unit 7,
and run South 26 degrees 36'30" East along the
Westerly right-of-way of U.S. Highway No. 1 a
distance of 460.00 feet to a point on a curve
to which a radial line bears south 26 degrees
36'30" East; said point also lying on the
South right-of-way line of Schumann Drive;
thence Southwesterly along said South right-
of-way line and the arc of a curve concave to
the Northwest, having a radius of 340.53 feet,
through a central angle of 14 degrees 40'27",
an arc distance of 87.21 feet to the point of
beginning of the herein described parcel; said
point of beginning also being the point of
reverse curvature of a curve concave to the
Southeast and having a radius of 30.00 feet;
thence Southwesterly along the arc of said
curve through a central angle of 72 degrees
47'05", an arc distance of 38.11 feet to the
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point of reverse curvature of a curve concave
to the Northwest and having a radius of 65.00
feet; thence Southwesterly along the arc of
said curve thrqugh a central angle of 35
degrees 56'36", an arc distance of 40.78 feet
to the Northeast corner of said Lot 4; thence
continue Southwesterly along the arc of said
curve through a central angle of 51 degrees
41'04", an arc distance of 58.63 feet to the
point of compound curvature of a curve concave
to the Northeast and having a radius of 419.23
feet; thence Northwesterly along the arc of
said curve through a central angle of
degrees 01'36", an arc distance of 88.00 feet
to the point of compound curvature of a curve
concave to the Northeast and having a radius
of 65.00 feet; thence run Northwesterly along
the arc of said curve through a central angle
of 51 degrees 24'37", an arc distance of 58.32
feet to the Northwest corner of said Lot 5;
thence continue along the arc of said curve
through a central angle of 36 degrees 13'03",
an arc distance of 41.09 feet to the point of
reverse curvature of a curve concave to the
Southwest and having a radius of 30.00 feet;
thence Northwesterly along the arc of said
curve through a central angle of 72 degrees
47'05", an arc distance of 38.11 feet to the
point of reverse curvature of a curve concave
to the Northeast and having a radius of 340.53
feet; thence Southeasterly along the arc of
said curve through a central angle of 41
degrees 42'40" an arc distance of 247.91 feet
to the point of beginning.
Section 2. No drainage or public utility easements over the
above described property are abandoned. ~---
Section 3. If any clause, section, or other part of this
Ordinance shall be held by any Court of competent jurisdiction to
be unconstitutional or invalid, such unconstitutional or invalid
part shall be eliminated and shall in no way affect the validity
of the other provisions of this Ordinance.
Section 4. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
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Section 5. This Ordinance shall become effective
immediately upon its adoption.
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 Arthur L. Firtion
Vice-Mayor Carolyn Corum
Councilmember Norma J. Damp ....
Councilmember Francis J. oberbeck
Councilmember Robert J. Freeland ....
_
The M~yor thereupon declared this Ordinance duly passed and
adopted this of , 1994.
CITY OF SEBASTIAN, FLORIDA
by:
ATTEST: Arthur L. Firti0n, Mayor
(Seal) .
Approved as to Form and Content.
City Attorney
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City of Sebastian
1225 MAIN STREET 1::3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
I MINUTES
I SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 12, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall, address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
The Pledge of Allegiance was recited.
3. No invocation was given.
4. ROLL CALL
city Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Absent:
Mr. Frank Oberbeck (excused)
Staff
Present:
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Director of Community Development,
Bruce Cooper
Finance Director, Marilyn Swichkow
Deputy City Clerk, Sally Maio
Jr.
Regular City Council Meeting
October 12, 1994
Page
94.240
94.241
94.242
5. AGENDA MODIFICATIONS (ADDITIONS AND~OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
ae
Proclamation i Forqet-Me-~ot Da~ ~ October 25 i
27. 1994 i Requested b_~ Disabled Ameri.~an
Veterans ~~ Evans Chapter 34 ~ JohD ..(Jake) A.
Gehrig Accepting
Mayor Firtion read the proclamation and requested it
be sent to Jake Gehrig.
proclamation - Pepper Buster D_D_y - October 22.
~ - ~ bv Friends of ~he st, Sebastian
Rive~ - Scott Taylor or Geor__q9 Schum Accetp_~_~/
Mayor Firtion read and presented the proclamation to
George Schum. Mr. Schum addressed the audience,
commending Friends of the Sebastian River, Boy Scouts
and Cub Scouts.
Vice Mayor Corum said she will report on her
attendance at the Pepper Busting workshop at the next
meeting.
PRELIMIN;tRY MATTERS
RESOLUTION NO. R-94-58 - Quasi-Judicial Hearing
Procedures (City Attorney Transmittal dated
10/6/94, R-94-58)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO QUASI-JUDICIAL
HEARINGS; ESTABLISHING A PROCEDURE FOR QUASI-JUDiCIAL
HEARINGS; SETTING OUT RULES; DESIGNATING THE CONTENTS
OF THE RECORD; ESTABLISHING PROCEDURES FOR
EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-94-58 by
title only and recommended adoption of the
procedures.
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Regular City Council Meeting
October 12, 1994
Page Three
Mr. Freeland suggested certain revisions. The City
Attorney concurred that the City Clerk could time
presentations and explained that the Mayor presides
at Council meetings, therefore, he would rule on
objections as to the admissibility of evidence,
however, Council members could disagree.
Vice Mayor Corum inquired whether the names of the
persons whom a presenter is representing can be
obtained and the City Attorney said they could.
MOTION by Corum/Damp
I make a motion for Council to adopt Resolution
No. R-94-58 as stated.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - absent
Mayor Firtion - aye
MOTION CARRIED 4-0 (Oberbeck absent)
8. PUBLIC HEARING
Follow procedures for quasi-judicial hearing
94.224
Captain Hiram's West - Special Use Permit -
Miniature Golf Course ~Director of Community
Development Transmittal dated 10j6/94,.
~DDlicationi Proposed Site Lavout)
Mayor Firtion opened the quasi-judicial hearing at
7:20 p.m.
The City Attorney outlined the procedures for quasi-
judicial hearings as established by City Council by
its adoption of Resolution No. R-94-58.
The City Clerk swore in all witnesses proposing to
testify.
Bruce Cooper, Director of Community Development and
Building official, city of Sebastian, gave a brief
staff presentation on the requested special use
permit, read required findings of facts in Section
20A-2.6, stated that Planning and Zoning conducted a
hearing on August 11, 1994, in accordance with the
Regular City Council Meeting
October 12, 1994
Page Four
Land Development Code and found the use not
detrimental to the public safety, health and welfare
or be injurious to other properties or improvements
within the immediate vicinity and that the proposed
use would be consistent with permitted uses in GMC
zoning, and he listed permitted and conditional uses
in the General Marine Commercial zoning district.
He advised that the use will require site plan
approval under Article X of the Land Development
Code, and stated that the concept and use are
acceptable to staff.
Thomas Collins, 2200 Sanderling Lane, Vero Beach,
representing Captain Hiram's, addressed City Council
on the proposed special use permit.
City Council inquiries followed. Mr. Collins assured
City Council that the facility will be open to the
public.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
objected to the manner in which the issue of parking
was presented to Planning and Zoning.
The Director of Community Development noted that
there were two additional items on that Planning and
Zoning agenda, one of which dealt with shared
parking, and reiterated that staff finds nothing
inconsistent with the provisions of the Land
Development Code.
Thomas Collins addressed City Council relative to---
parking, which he stated, will be addressed in the
site plan once the use is accepted.
Mayor Firtion adjourned the public hearing at 7:43
p.m.
City Council and staff discussion relative to
compatibility with other GMC uses followed.
TAPE I - SIDE II (7:47 p.m.)
MOTION by Freeland/Damp
I would move that we grant this special use
permit because I see no safety, health, welfare
issues and I believe its compatible with what we're
trying to do there.
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Regular city Council Meeting
October 12, 1994
Page Five
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - absent
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 4-0 (Oberbeck absent)
The City Clerk stated that the special use permit
must be adopted by resolution and will be brought
back for final adoption.
Mayor Firtion called recess at 7:50 p.m. and
reconvened the meeting at 7:56 p.m. All members
present at roll call were present after the break.
9. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC
Presentation of Items Not Otherwise on the Agenda -
By Resolution No. R-93-19 Limit of Ten Minutes for
Each Speaker
Keith Miller, Sebastian, spoke on Skydive Sebastian
hangar construction.
Sal Neglia, 461 Georgia Boulevard, Sebastian,
discussed a meeting he had with Mayor Firtion,
objected to denial of use of City Council Chambers by
the property owners and requested a public apology
from the Mayor.
Rich Taracka, Coverbrook Lane, objected to comments
made in the press by Mayor Firt~on. ~---
Walter Barnes, 402 Azine Terrace, Sebastian,
objected to fees for use of city facilities by non-
profit organizations, and encouraged formation of a
master plan for the Riverfront.
Wally Kramer, Micco, discussed the Pepper Bashing
seminar and the need for ongoing interest in the
issue, and said there is a public meeting on the
Riverfront at the North County Library October 18th.
Thomas Wojciekowski, Sebastian, discussed property
owners, Walmart, ISS Golf Course maintenance, the
need for cart paths and inquired when the golf course
"bridge" will be removed.
5
Regular City Council Meeting
October 12, 1994
Page Six
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
requested that all members of the public be treated
equally, discussed the Sembler platform and asked
that the fiShhouse north of city limits be completed.
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 9/28/94 Regular Meeting
94.243
B$
RESOL__UTION NO. R-94-55 - Vacation of Easement
(City Clerk Transmittal dated 10/4/94,
Application, Survey, PW and Utilities' Letters of
No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE NORTHWEST FIVE
FEET OF THE SOUTHEAST TWENTY FOOT PUBLIC UTILITY
AND DRAINAGE EASEMENT, OF LOT 37, BLOCK 293,
SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 7-56, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
94.244
RESOLUTION NO. R-94-57 - Vacation of Easement-s-
(City Clerk Transmittal dated 10/4/94,
Application, Survey, PW and Utilities' Letters of
No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE SOUTHEAST FOUR
FEET OF THE NORTHWEST TWENTY FEET PUBLIC UTILITY
AND DRAINAGE EASEMENT, OF LOT 9, BLOCK 264,
SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 6~37B, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
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Regular city Council Meeting
October 12, 1994
Page Seven
94.132 D.
94.198 E.
94.245 F.
94.246 G.
94.247 H.
Police Dept. HVAC Remediation & Quality Assurance
/Quality Control Program - Reject Ail Bids for
Staff Review, Amendment and Rebid (Director of
Community Development Transmittal dated 10/4/94,
Bid Tabulation, Bid Specs)
Bid Award - Community Center Air Conditioner -
Palm Aire and Electric - $3,318.00 (Engineering
/Public Works Transmittal dated 9/16/94, Bid
Tabulation Form, PW Memo dated 9/30/94, Specs)
Bid Award - Contract Approval - Payroll Services
Low Bid - Paychex, Inc. - $2,806.00 (City Manager
Transmittal dated 10/6/94, Bid Review Committee
Memo, Proposed Contract)
North Indian River County Republican Club -
Request Use of Riverview Park - Political Rally -
10/21/94 - 1:30 p.m. to 4:00 p.m. - Standard
Conditions (Director of Community Development
Transmittal dated 10/4/94, Fischer Letters dated
9/30/94 and 10/6/94)
American Cancer Society - Use of Riverview Park -
Making Strides Move Along-A-Thon - Close Indian
River Drive - 11/5/94 (Director of Community
Development Transmittal dated 10/3/94, Tobin
Letter dated 8/30/94, PW Memo dated 9/13/94, PD
Memo dated 9/26/94)
The City Manager read the consent agenda and the City
Attorney read titles for R-94-55 and R-94-57.
Mrs. Damp removed item D; Mr. Freeland removed items
E and H.
MOTION by Corum/Damp
I make a motion for Council to adopt A, B, C, F,
and G of the consent agenda.
ROLL CALL:
Mr. Oberbeck - absent
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0 (Oberbeck absent)
Regular City Council Meeting
October 12, 1994
Page Eight
m
94.132 D.
Police Dept..HVAC Remediation ! Oualitv Assurance
/Quality Contro~ ~
Mrs. Damp questioned the discrepancy of the
engineer's preliminary $5,000 estimate versus the bid
amounts.
The Director of Community Development said that all
avenues are being reviewed to reduce costs.
MOTION by Damp/Corum
I move to approve item D.
94.198
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - ay~
Mr. Oberbeck - absent
MOTION CARRIED 4-0 (Oberbeck absent)
E. Bid Award - Communit~ Cente~ A/C
Mr. Freeland noted that this item had been postponed
by request of Mr. Oberbeck and suggested that FPL
credits be looked into.
MOTION by Freeland/Damp
I'd move to approve item E.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland --aye
Mr. Oberbeck - absent
Mayor Firtion - aye
94.247
MOTION CARRIED 4-0 (Oberbeck absent)
~merican Cancer Society - Use of Rive~view Park -
Making Strides Move ~long-A-Thon - Close indian
River Drive
Mr. Freeland expressed concern for the $650 expense
in overtime personnel costs to the City for the
closing of streets and inquired whether there was an
offer from the organization to pay the cost. The
City Manager said there was none to his knowledge.
City Council discussion followed.
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Regular City Council Meeting
October 12, 1994
Page Nine
MOTION by Freeland/Corum
I make a motion to deny this request.
Vice Mayor Corum noted that, in the past, the City
has not been consistent in its policies and suggested
that a resolution be drafted.
TAPE II - SIDE I (8:40 p.m.)
The City Manager suggested that discussion of this
matter be placed on a workshop agenda.
The City Attorney advised City Council, if it wishes
to establish a policy, must consider the public
purpose served by the activities and that there be no
discrimination between organizations unless there is
a rational basis for distinction.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mr. Oberbeck - absent
Mayor Firtion - nay
Mrs. Corum - aye
11.
MOTION TIED 2-2 - NO VOTE.
PRESENTATIONS
94.237
12.
13.
None~
COMMITTEE REPORTS/RECOMMENDATIONS
None.
OLD BUSINESS
A®
RESOLUTION NO. R-94-54 - Golf Cart Maintenance
Contract Award - Custom Carriages, Inc. -
$10,320 - Revised (City Manager Transmittal dated
9/22/94, R-94-54, Revised Agreement)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE
PURPOSE OF PROVIDING CART MAINTENANCE SERVICES FOR
THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
9
Regular City Council Meeting
october 12, 1994
Page Ten
94.229
The City Attorney read Resolution No. R-94-54 by
title only.
Mr. Freeland excused from 8:45 p.m. to 8:47 p.m.
MOTION by Corum/Damp
I make a motion to accept Resolution No. R-94-54,
the golf cart maintenance contract award to Custom
Carriages, Inc. for $10,320.
The city Attorney noted that revisions included
language that provides for the City's option to
purchase parts.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - absent
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-0 (Oberbeck absent)
RESOLUTION NO. R-94-51 - Advisory Board
Procedures (City Clerk Transmittal dated 10/6/94,
R-94-51)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS,
COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM
PROCEDURES FOR APPOINTMENT; PROVIDING FOR LENGTH OF
TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING
FOR ALTERNATIVE MEMBERS; ESTABLISHING DUTIES OF THE
CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; ~-
PROVIDING FOR RESIGNATION AND REAPPOINTMENT;
ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN
THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF
APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT
INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO
PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL
DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR
REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The city Attorney read Resolution No. R-94-51 by
title only.
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Regular City Council Meeting
October 12, 1994
Page Eleven
94°239
Mr. Freeland inquired about alternate members for
Code Enforcement.
MOTION by Corum/Freeland
I move Council adopts Resolution No. R-94-51.
Mrs. Damp disagreed with provisions of Section
regarding appointment procedures.
ROLL CALL:
Mr. Oberbeck - absent
Mayor ¥irtion - aye
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
MOTION CARRIED 3-1 (Oberbeck absent, Damp nay)
E.$SOLUTION NO. R-94-50 - Community Center, Yacht
Club and Council Chambers (City Clerk Transmittal
dated 10/6/94, R-94-50)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE USE OF THE
SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND
CITY COUNCIL CHAMBERS; PROMULGATING RULES AND
PROCEDURES FOR THE USE OF SUCH FACILITIES; PROVIDING
FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS,
AND OTHER CHARGES; PRECLUDING THE USE OF THE
FACILITIES FOR COMMERCIAL PROFIT GENERATING
ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-94-50 by
title only.
Harry Thomas, 654 Balboa Street, Sebastian, requested
Council to reserve action in light of an existing
contract between the property owners, City and State
of Florida and suggested fees be re-examined. He
submitted the document to the City Attorney.
MOTION by Corum/Freeland
I make a motion Council adopts Resolution No.
R-94-50.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
objected to denial of use of the Council Chambers by
taxpayers°
11
Regular City Council Meeting
October 12, 1994
Page Twelve
City Council discussion followed.
The City Attorney said the only change he has made to
the current facilities' resolution is the addition of
Section 8 regarding the Council Chambers.
MOTION and SECOND were withdrawn.
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94.248
14.
The City Attorney said he would like to review all
City documents relative to the Yacht Club/property
owners issue.
MOTION to Corum/Freeland
I make a motion for Council to postpone
Resolution No. R-94-50 until October 26, 1994 Regular
Council Meeting.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - absent
MOTION CARRIED 4-0 (Oberbeck absent)
NEW BUSINESS
Airport R~zoning - Consistency wit.h Airport
Master Plan {Director of Communitx Development
Transmittal dated 10~3~94, P & Z Memo dated
8/23/94, Map, Sec. 7-4 Airport Master Plam)
Keith Miller, Sebastian, objected to the placement of
a Skydive sign on city propertyr and inquired when-~%
City Engineer will be hired. The Director of
Community Development said the sign is on county
right-of-way.
MOTION by Freeland/Damp
Move to direct the City Attorney to draft the
ordinance and the set the first reading on October
26, 1994 and public hearing on December 7, 1994.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - absent
Mayor Firtion - aye
MOTION CARRIED 4-0 (Oberbeck absent)
12
Regular city Council Meeting
October 12, 1994
Page Thirteen
94.249 B.
Schedule Board of Adjustment Hearinq .for Variance
Request /~_irector of Community De.vg..1.gpmen~
Transmittal dated 9/29/94)
The city Clerk suggested November 9, 1994 at 6:30
p.m.
MOTION by Corum/Damp
I make a motion for Council to schedule this
quasi-judicial matter by Perry Edelman for November
9th at 6:30 p.m.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
94.105
MOTION CARRIED 5-0
ORDINANCE NO. O-94-.11 - Amending GMC and MCR
Zoning District Uses (Director of Community
Development Transmittal dated 10/6/94, O-94-11)
1st Reading, Set Public Hearing 11/16/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
6.1 C. 17. a. OF THE CITY OF SEBASTIAN LAND
DEVELOPMENT CODE TO INCLUDE BAIT AND TACKLE SHOPS AS
A CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION
20A-3.11 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR
STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE
GENERAL MARINE COMMERCIAL DISTRICT; AND AMENDING
CHAPTER 20A, SECTION 20A-3.12 C. OF THE CITY OF
SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING
LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A
CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION
20A-6.1 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO ADD AN ADDITIONAL SUBSECTION (33) TO PERMIT
PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE
LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL
AND RESIDENTIAL DISTRICT AND IN THE GENERAL MARINE
COMMERCIAL DISTRICT OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN ~
EFFECTIVE DATE.
13
Regular City Council Meeting
October 12, 1994
Page Fourteen
The City Attorney read Ordinance No. O-94-11 by title
only.
MOTION by Damp/Freeland
I move to approve the first reading of Ordinance
No. O-94-11 and set the public hearing for November
16, 1994.
TAPE II - SIDE II (9:27 p.m.)
Mrs. Damp requested legislative style for future
ordinances.
Mrs. Corum expressed concern for allowance of parking
lots on the east side of indian River Drive as
conditional uses in MCR and GMC zoning.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - absent
Mayor Firtion - aye
Mrs. Corum - nay
Mrs. Damp - aye
MOTION CARRIED 3-1 (Oberbeck absent, Corum nay)
94.223
ORDINANCE NO. O-94-12 - Amending Building Height
in GMC Zoning (Director of Community
Development Transmittal dated 10/6/94, O-94-12)
1st Rea4ing, Set Public Hearing 11/16/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVE4%-
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.12 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, CHANGING THE MAXIMUM BUILDING HEIGHT IN THE
GENERAL MARINE COMMERCIAL DISTRICT TO PERMIT A
MAXIMUM BUILDING HEIGHT OF 35 FEET ON THE WEST SiDE
OF INDIAN RIVER DRIVE AND RETAINING A MAXIMUM
BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF INDIAN
RIVER DRIVE WITHIN THE GENERAL MARINE COMMERCIAL
DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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Regular City Council Meeting
October 12, 1994
Page Fifteen
94.250
15.
The City Attorney read Ordinance No. O-94-12 by title
only.
MOTION by Freeland/Damp
I move to approve the first reading of Ordinance
No. O-94-12 and set the public hearing for November
16, 1994.
ROLL CALL:
Mr. Oberbeck - absent
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0 (Oberbeck nay)
CITY COUNCIL MATTERS
A. Mr. Frank Oberbeck
Absent.
B. Mayor Arthur Firtion
Mayor Firtion encouraged formation of a Riverfront
Master Plan.
C. Vice,Mayor Carolyn Corum
RESOLUTION NO: R-94-56 - Florida City
Government Week (City Clerk Transmittal dated
10/3/94, R-94-56) ....
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 23-29, 1994, AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Vice Mayor Corum expressed gratitude to City staff,
named and commended all City board members and crime
watch volunteers for the time they give to the City.
She requested that the City Clerk distribute pins to
all board members.
15
Regular City Council Meeting
October 12, 1994
Page Sixteen
16.
The City Attorney read the title and whereas clauses
in Resolution No. R-94-56.
MOTION by Corum/Damp
I move for adoption of Resolution No. R-94-56.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - absent
MOTION CARRIED 4-0 (Oberbeck absent)
Vice Mayor Corum suggested organizations reserve
dates for use of Riverview Park for each fiscal year
and the City establish a nominal utility fee for
frequent users. She suggested this be discussed at a
workshop.
D. Mrs. Norma DamR
Mrs. Damp said she wished to respond to a letter to
Mayor Firtion from Harold Martin; discussed the
condition of the welcome signs; said Airport Drive
west needs grading and possible repaying; reiterated
her wish to purchase and present a plaque to former
City Manager Robb McClary and requested City Council
concurrence.
City Council concurred.
E. Mr. Robert Freeland
Mr. Freeland noted that no fee waivers have been
given to private parties at the Yacht Club or
Community Center; discussed the welcome signs;
inquired about the hurricane shutter on certain
windows in City Hall and the window bid that was to
be rebid, to which the Director of Community
Development responded; expressed concern for the
Mayor's behavior on certain issues.
CITY ATTORNEY MATTERS
The City Attorney said a copy of the final judgment
on a lawsuit had been received and suggested it be
discussed at the next City Council meeting.
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Regular City Council Meeting
October 12, 1994
Page Seventeen
17.
18.
CIT,~ MANAGER MATTERS
The City Manager said Walmart has requested air
balloons for their grand opening on October 19,
City Council concurred.
1994.
The city Manager inquired whether city Council had
any special legislation requests. Mrs. Corum
suggested designation of the Sebastian River as a
wild and scenic river. The City Attorney said he
could look into it and City Council concurred.
Being no further business, Mayor Firtion adjourned
the Regular Meeting at 10:00 p.m.
Approved at the
Meeting.
, 1994, city Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
17
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Traffic Signal
Maintenance Agreement
Approval for Sybmitta~ By:
City Manager ~]~w f~
)
)
)
)
)
)
AGENDA NO.
Date Submitted: 10/17/94
For Agenda Of: 10/26/94
Exhibits: - Traffic Signal
Maintenance Agreement
EXPENDITURE AMOUNT APPROPRIATION
I REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The City of Sebastian does not have the capability to provide maintenance and repairs
to the traffic control signal lights under our jurisdiction on US #1. The current
locations are Main Street & US #1, Schumann Drive & US #1 and a new addition -
Jackson Street and US #1. The proposed "Agreement" has been reviewed by staffanrl
the City Attorney.
RECOMMENDATION
Recommend approval.
AGREEMENT FOR TRAFFIC M%.INTENANCE ..AND. REPAIR
THIS AGREEMENT is made this day of , 1994, by
and between the CIT~ OF SEBASTIAN, a municipal corporation of the
State of .Florida, hereinafter "municipality" and INDIAN RIVER
COUNTY, a political subdivision of the State of Florida,
hereinafter "County".
WHEREAS, those traffic control signals and devices described
in this agreement lie within the jurisdiction, control, operational
and maintenance responsibility of the municipality; and
municipality desires to retain .t.he services of
the
the County's Public Works Department to perform necessary
maintenance and repairs to the described signals which will be
included in a "Close Loop Traffic Signal System" in accordance with
the provisions of this service agreement and:
WHEREAS, it is the intent of both parties to ensure provisions
for the continuous, coordinated and professional maintenance of the
City owned signals as they are added onto a "Closed Loop Traffic
Signal System" to ensure its continuous operation and;
WHEREAS, Indian River County has an executed agreement with
the Florida Department of Transportation for the maintenance of
traffic equipment on the State Highway System and has modified this
agreement to include all signals as they are added onto the "Closed
Loop Traffic Signal System".
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND THE
MUTUAL PROMZSES CONTAINED HEREIN, the parties agree as follows:
1. SCOPE OF WORK... The County shall provide all labor,
equipment, and materials, including preventative maintenaa=e
activities, at the rates specified in schedule "A:" attached hereto
as may be reasonable and necessary to maintain in good operating
condition, or to repair or reconstruct to restore to good operating
condition, all those traffic signals and devices identified in
Schedule
attached
hereto. The Agreement also includes Indian
River County maintenance of the Central Control Site Hardware,
communication equipment once installed by the Contractor and System
Timing Plans. Indian River County staff will ~ontinue to. develop
and implement new System Timing Plans, required to maintain a
comprehensive and growing Traffic Responsive System. All work
performed shall be done in a skillful and workmanlike manner, in
accordance with accepted industry practices and customs. Indian
River County shall be free to determine the design, style, make,
model, manufacturer, or other specification of any material or
equipment used or provided hereunder subject to the provisions of
the Existing and the Amendments to the Agreement between the
Florida Department of Transportation and Indian River County.
Any major intersectional traffic signal design modifications
developed by Indian River County as part of this agreement shall be
reviewed with the City Engineer and the City shall have the option
of substituting equal or better equipment and/or materials. The
City of Sebastian shall be responsible for any additional costs
incurred.
Indian River County will prepare and submit an annual report
to the Florida Department of Transportation and the City of
Sebastian City Engineer summarizing repairs, modifications, etc. to
the System during the given year.
2. TERM OF AGREEMENT. The initial term of.this agreement
shall commence on October 1, 1994 (County 94/95 Fiscal Year) and
extend through the end of the County's 1997-1998 fiscal year. This
agreement shall be subject to automatic five-year .extension,
coinciding with the fiscal year of the County, unless eather party
provides to the other written notice of an intention to terminate
at least one hundred-eighty (180) days in advance of the renewal
date or a more permanent agreement is established by both parties.
Indian River County shall notify the City, in writing, at
least ninety (90) day in advance of each impending automatic
extension date.
Modifications, additions, or deletions to'this agreement shall
be by written addendum executed by both parties, and shall meet all
appropriate terms and conditions of the Agreement, (as amended),
between the Florida Department of Transportation and Indian River
County, except the Schedules "C" and "D" maybe revised periodically
upon transmittal of the new schedules to the other part in writing.
3. NOTICE TO THE COUNTY FOR REPAIR. The proposed Closed Loop
System will have an Automatic Diagnostic R~porting System whi_gcb
will automatically notify the Designated County Agents, depending
upon the Day and Time of Day, whenever it determines that a
malfunction of any kind has occurred within the Closed Loop
Traffic Signal System. The "On -Street Master" effected will send
all information via dedicated telephone lines to the proper County
Agents as set forth in Schedule "C" and will also print out a
message at the Centralized Master Microcomputer located in the
Indian River County Traffic Engineer's office. Notice to Indian
River County for repair will be accomplished directly by the "On-
Street Master" to the Central Computer System in all cases and to
the Personnel listed in Schedule "C" of this agreement. It is
therefore anticipated that very few instances will arise which will
necessitate direct communication for the City to the County
relative to maintenance needs. If in the unlikely event this need
for City to communication should it shall
County
arise,
be
the
responsibility of the municipality to notify the County that
repairs or reconstruction is necessary prior to the County being
obligated to perform hereunder Notice
. including a general
description of the problem or efficiency shall be communicated ~
the County in accordance with Schedule "C" , which sets forth'
personnel, telephone numbers, addresses and priorities based upon
day and time of desired service· The municipality hereby
designates those individuals or officers listed in Schedule "D" as
it exclusive authorized agents f~c ~i~tcd i~-~L~ ~j"-c~ ikv
~--.cl.-~.-;e aut__kc-~?-~ ~g~_--~C~_n for communication to the County of any
notice to proceed with repairs or reconstruction· The County shall
not be required to perform nor be liable for non-performance in the
event notification has not been properly given.
4. P. ESPONSE TIME. It is the' County's goal to use its best
efforts to respond to any emergency repair request in as close to
a "Zero Response Time"as possible. , but certainly, within a period ·
of two (2) hours.following receipt of ~ot~ce and to.~espond to non-
emergency or routine repair request w~th~n a period of twenty-four
(24) hours following notice. For the purpose of measuring the
"response time" for ~his Agreement, a "Request" will be considered
"received" upon a d~rect r~quest from appropriate City Staff or
notification of a malfunction by a system On-Street Master. An
emergency status shall be considered to exist where damage to a
traffic signal or device or the malfunction or failure thereof
results or has resulted in the creation of a serious present or
impending traffic hazard~or example, total loss of power; loose,
hanging equipment; los~f- a red s~gnal face color indication, or
flashing operation at a "Critical intersection" as identified by
the Closed Loop Design. A non-emergency or routine repair status
shall exist where the damage or malfunction' does not create a
serious or immediate traffic hazard; for example, cracked or broken
lenses, non-red lamp or lamps out, flashing operation at non-
critical times and intersections. The inability of the County to
respond within the stated time period where good cause exists shall
not be considered to be a breach of this agreement.
5. PA%~ENT. The County shall periodically invoice the
municipality for all services provided during said period,--in
accordance with charges for labor, equipment, and materials
provided in Schedule "A". The municipality shall pay all amounts
invoiced within thirty (30) days of the date of the invoice.
The City shall have the right to question and/or dispute the
accuracy of County invoiced costs; provided however, that body
cannot unreasonably withhold approval of the invoice. In case any
portion of any invoice that is in bona fide dispute, the City shall
remit payment of the undisputed portion of the invoice within
thirty (30) days of receipt of invoice and the County and City
shall attempt to amicably resolve those disputed portions of the
invoice.
disaster,
government,
airliner
DISASTERS. The occurrence of any natural or man-made
when declares as such by federal, state, local
such as a hurricane, tornado, flood, act of war,
crash, etc., may result in the impossibility of
performance of this agreement. The parties agree that this
agreement with regard to County performance Standards and Response
Time set forth elsewhere in this Agreement shall be considered
temporarily suspended during any such state of disaster.
7. LIABILITY. To the extent by law, the County will be
responsible for all claims, demands, suits, liabilities, damages
and losses arising out of or resulting from the negligent acts of
commission or omission by its contractors, subcontractors,
employees, agents or representatives. Nothing in the contract
shall be construed as any waiver of sovereign immunity by either
party to this contract.
8. THIRD PARTIES.. The municipality agrees %hat the County
may enter into services or maintenance agreement With third party
providers with respect to any or all of the services contemplated
herein, either on a full-time or.stand-by basis, upon written
notice to the municipality and with the approval of the FDOT
District Traffic Operations Engineer provided the terms and
conditions of the agreement or any agreement executed between the
City and the F.D.O.T. shall continue to govern the relationship.
IN WITNESS WHEREOF, the duty authorized officials of the
County and the municipality have execute this agreement the day and
year first above written.
INDIAN RIVER COUNTY, a political
Subdivision of the State of Florida
Approved:
DATE
By its BOARD OF COUNTY COMMISSIONERS
By
John W. Tippin, Chairman
Attest:
JEFFREY K. BARTON, Clerk of
Court
CITY OF SEBASTIAN
municipal corporation of the State
of Florida
By
ARTHUR FIRTION, Mayor
Approved by
Jo William Strange, P.E.
County Traffic Engineer
Attest:
4
City Clerk
APPI~OV'~D A~ ~) FOI~,M AND ~-~-GAL SUFF~C~'~.NCY
County Attorney's Office
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i PARTS: Cost plus
SCHEDUI~ "A"
SERVICE RATE S~ULE
TRAFFIC SIGNAL TECHNICIAN II: $25.00 PER HOUR
TRAFFIC TECHNICIAN: $16.00 PER HOUR
TRAFFIC SIGNAL TECHNICIAN I: $12.00 PER HOUR
10%
I EQUIPMENT: Aerial Service Truck: $20.00 PER HOUR.
_
NOTE: The above hourly rates include a factor of forty percent
I (40%) markup to cover fringe, overhead, and burden costs, based
upon the actual base salary of the County Staff utilized for the
required remedial and/or maintenance activities. The Hourly Rates
i shall be reviewed on a Bi-annual Basis and adjusted per the mutual
concurrence of both parties executing this agreement to be
effective on the first day of the next Fiscal Year.
If any services are sub-contracted per Section 8
Agreement actual costs will be reimbursed.
6
of this
Main Street & US 1
Schumann Drive & US 1
Jackson Street & US 1
,~C~EOVLF~ "B'
TRAFFIC SIGNALS TO BE MAINTAI/VED
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coMaVS c roe SCa DU
Weekdays 7:30 AM to 5:00 PM
Priority
1) J. William Strange, P.E., Traffic Engineer.Central System
Control, 567-8000, extension 234
2) Jeanne Bresett, Traffic Coordinator, 567-8000, ext. 326
3) John Ankeny, Signal Technician II, 770-5119
4) Carlton Rawls, Signal Technician II, 770-5119
5) Jesse Flores, Signal Technician I, 770-5119
Weekdays 5:00 PM to 7:30 AM
Weekends and Holidays
Priority
i 1) John Ankeny, Signal Technician II, 778-1614
2)
Carlton Rawls, Signal Technician II, 562-4038
3) Jesse Flores, Signal Technician I, 388-5192
4) J. William Strange, P.E., Traffic Engineer, 407-332-5714
I
SCHEDULE "D"
Joel L. Koford, City Manager, 589-5330
Jerry Thomas, Assistant Public Works Director, 589-5330
Earle L. Petty, Chief of Police, 589-5233
9
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT: Seahouse Ditch )
Culvert Installation )
)
)
)
)
Approved for Submittal By: )
)
City Manager )
~ )
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
ENG / PW
10-19-94
10'26-94
Exhibits: Letter from JoBear
EXPENDITURE
REQUIRED:
$1,416.
AMOUNT APPROPRIATION
BUDGETED: $ 60,000 REQUIRED: $000
SUMMARY STATEMENT
JoBear Inc as directed by City of Sebastian contract has request~
payment on a change order issued to them for successful
completion of the Seahouse Ditch project. A letter explaining the
changes is attached. We have currently encumbered approximately
$51,000 of the budgeted $60,000 at this time.~ ~-
RECOMMENDED ACTION
Move to approve change order # 1 to JoBear Inc and authorize
payment of an additional $1,416.
18 OCTOBER 1994
CITY OF SEBASTIAN
ATTN: MR. JERRY THOMAS
1225 MAIN STREET
SEBASTIAN, FL 32958
SUBJECT: SEA ~{ouSE DITCH INSTALLATION
PLEASE BE ADVISED THAT THE FOLLOWING ADDITIONAL WORK WAS
NECESSARY FOR SucCESSFUL cOMPLETION OF T~E SUBJECT pROJECT:
~ 30.54 916.00
30 FEET OF DITCH PIPI'~
1 FOOT EXTENSION FO' C~TC" B~SI.S 1 & 2 ~250.00 500.00
WE RESPECTFULL~ REQUEST THAT THESE ITEMS BE ADDED TO OUR
z~ JOBEAR, INC.
PRES I DENT
1950 Danr Drive, Palm Bay, FL 32905
(407) 723-3571 * FAX (407) 728-5619
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Two Dump Trucks
F700 and BBC Tandem
State Contract
Purchase
Approved for Submittal By:
City Manager~ ~ ~
/
Agenda No.
Dept. Origin
Date Submitted
For AGenda of
ENG/PW
10-18-94
10-26-94
Exhibits: Copy of Quotation ,
with equip list and contract
numbers.
EXPENDITURE
REQUIRED:
$78,276.00
AMOUNT APPROPRIATION
BUDGETED: $78,500. REQUIRED: 0
Authority is requested to purchase two dump trucks approved in the
Fiscal year 94/95 budget. The trucks will be purchased from
Atlantic Ford Truck Sales under State Contract. number 070-700-15G--
and 070-700-450 which will expire October 31, 1994. The purpose is
to take advantage of the cost savings by buying off the 1994 State
Contract as compared to waiting for the 1995 State Contract to
become available. Purchase will be made for one F700 Ford Stake
Body Dump Truck at $26,940. and one Ford BBC Conventional Tandem
Dump Truck at $51,336. Quotes are available in the City Clerks
office from non-state contract sales sources for comparison to the
State Contract sources.
RECOMMENDED ACTION
Move to approve bid waiver and purchase from state contracts for
both vehicles for a total amount of $78,276.00.
PO~ - I
4076623549 GEORGE ELLISON ,, ~
Ti~: 9:06 Mi
FORD
TRUCKS
' I
p&ge 1 of 3.
05/26/1994 I
S~STIA" CX~ OF
2565 W ~TAT~ ROAD
IK]RT LhUD]EImALE FI,
305-587-0220 I
pREPABED BY-' GREIGE KLLXSOM
IIO. OF milTS= X
sUMMARY
{ Price Level - 401 Nodel Year - 1994 Version
Nodel ....... ''' .... ' .... F?OOG Conventional - Gas
Wheelbase .... Ford Gas 7.0L H.O. 231HP 3500 RrM
9000 lb Front
Front Axle '
- Axle Ratio 5.38/?.50
P~re White
~ei~ht .............
Total ................
25629.00
sase Price ....
H~sce~ane~u$ 6000.00
?oral vehicle Price
C~o=er D~.co~nt ............... ::::::::::::::::::::::: .:. -89~.00
~oCal F4ui~mentPric~ (~xclud~ngTaxoa and~ltlo) --. ..... .. 27069.00
co~entm:
ILp
Dealer SignatUre Date
Cuetoner Signature
i ~ 407862~$49 GEORGE ELLI$ON
305-58708220
pREPARED DY: GBORGB ELt,ZSOH
IlO. OF L~B: 1
( PE~OO LoVe1 -- 401 Model YoaF = 1994 Version - v:L.65U.0.O )
I FT00G Convert, lo,&1 - GAs
r WB-189 CA~120 AF-73 OAL=296
i0 Kngine .
FoFd GaG 7.0L H.O 231HP 3500 RPH
56 T~ansm~aa~on
Eaton FS-4005A 5-Speed Direc~
ill
47
19000 lb Rockwell Rs-19-220 $~eel 2S
Axle Katie 5.38/7.50
l~ontAxle
9000 lb Front Axle
FFon~ SuSpens~on
9000 lb capacity
Retr Sumponsion
19000 lb capacity w/4500
lb Sg~ Lea~ Aux
18.0 SM S0,000 PSI 591 cAan "L" ~eLn~or
Page ~ o£ 4
05/26/1994
16 Brake
Hydraulic Brakes Fron= D~SC
~ydr~ulic Brakes ReaF Drum
i Axle ]~qui~en~/l~iveline
13 Di£feren~&l(s),Maln,Non'LOO~£~q
Drag Llr~ & Tie RodS, Grease~ble
I U-3oln~ ~pi~er ~5~o
'~ 4078623849 GEOR~-I:' ELJ..T;SON ~,P05 ~ I
' I
T~LM: 9:07 AM 05/26/1994 I
PREP~ BY: GB~G]E ELLXSOM I
BO, OF UB~TS: 1
( Prioe L~Vel -- 401 Model Year - 1994 V&reLon ' vl,6SU.O.O ) I
Axle ~i~t~i~line (~t)
~ngle PoVOr steering ~ss TAS 55
Sho~ ~or~rs,Fron~ Db1 Act
19
23
24
25
26
Wheel Seals Front
BraXo Bquipmon~
Hydraulic Booster
~r~nq Bra~e, Spring-~et ~ear AXle
SC~tandard Interior Tri~ Charcoal
~rille Argen~
H~ F.~ard Tiltin~ Front End
Hums,Dual Electric
Tinted Glass All ~ound
In. riot ~ ~~nt
H~a~er Fr.sh A~r ~/All ~ea~her Ventilatn
~dio ~/~ Stereo
Sun visors ~ & ~
Sea~ Belts Lap & Shoulder
~e~=h Seat ~11 width Triced In Vinyl
Gauge - Dire=~ Read oil PressUFe
Gauge E~ec: c~an~ Tamp
GaUge Elec~:~el
Gauges - xns~e~a~ion pkg
Parking Br~ke con,re1 DaSh Mounted
~ 40786~3549 GEORGE ELLI$ON
FoRD
9:07 AM
FRKFA]iED BY:
MO. OF T3M'~'~3: I
Pegs 3 of 4
o /a / 994
( FTic. o Level -- 40x Model Year "" 1994 VerSion ~ v1.65U.O.0 )
DBSCRZpTXOM
xnot/Gaugo/SvLtoh/w~n. Der (cent)
Kloctri~ul
Circuit Protectors, Fuses
Flasher ~er~Y~__tanffular Halogen
AltoEnn~or ...... -* ~nterna~l¥ Rog.
32
CIU~
spicer 13" 1-Plate Ceramic 1.38" spline
i~gine ~quip~nt
At~ Cleaner, Donaldson Single-Stage
Fan Clutch
oil Filter, Cna l-Qt Full
I FUel l:~mp, Elcctri?
Governor,
011 coole~ RedxatOr Bottom Tank
43
Fuel Tan~
Step TmnR Steel
Steel, 35 Gal LB S~eP Ten~
Paint, solid Color
Pure W~ite
53
55
GEORC~ ELLI$ON
~P07 ~ i
FORD
Time: g:07 AM
FRKPAJtKD BY: GBOI~E KLLISON
II0. OF UMXTB: X
( Fr:Lce Lovel - 402. Model Your ,- 1994
Dr, SCILXPTXOIE
· I
Page 4 of 4
05/26/1994 I
i
vez~Aon - vi. 65u. 0. o )
Front ?ire size & H~g I
· TubeleRm Radial 275/80R22.5-14 12,350
Front~eel
Disc 10H 22,5x7.50 I pc
Rear Tire size &Hfg I
· ~d~elems Radial 275/80R22,5-X4 22;700
Hichelin XZAX+ i
~tearWheel
Disc XOH 22,5x7,50 1 pc
~hael & Tire mtuipaent I
Whoels-Painted White
Bumper Front Full Width ----
Tow Hooks Front I
Dealer Installed
16 FT FLATBED DUMP 18" REMOVABLE SXDE
TAR~, ~ACKUP ALARM, I~AINSHEILD, I
RUSTPROOFING, MUDFLAPS.
FREIGHT CHARGE
STANDARD WARRANTY COVERAGE
~ 4078623849 GEORGE ELLI$ON P08
Time: 9:40 AM
FORD
ATLddF~XC~~KSALB3
2565 W ~TATEROAD 84
Fi:~qTLjhU~ FL 33312
305°587-8220
TRUCKS
Page I of 1
osFa6F~994
( Pr[ce Level -- 401
~heelJ~$e
Transmission ,.. .......
Front Axle .
IlO. OF UNITS:
ARY QUOTATION
Hodel Year - 1994 VerBion - vl. 6SU. 0.0 )
...... LNT8000 94.4u BBC Conventional Tandem
. ..-~. ~-~0 .-~
.... , .... 16000 ~b Fron~Axle
Axle RatAo 4.26
OAWR: Fron~.:1G000/Rear: 4600° oVWR: Fr~O~ 85000/To~aX~ 62000
~o~a~ ~el~l~l; , o,,, ,,,,,,, ·,, .............. FFont; 7426/ReaF: 7903
Base Price ............ 62402,00
o~t~o. Co.~e-~ :::::::::::::::::::::::::::::::::::::::::::::
I Kl$cell~neou~ ............................................. 6990.00
Dealer options
· o,o~°~h~v,h~c~-''''"~-- ...... ;i;/ ~;;i4~;"" .......................... · . ,4,,,.,~0~°'°°
c..~o.., D:.0u.~ ...... ......... ::::::::::::::::::::::::::
Total Bquilment Price (~xcludtng Taxes and Title) .......... 51643.62
51336.00
Price to the Customer ................................
¢O~entO~
STATE CONTRACT
070-700-450
Doa~r Signature
Date
Customer ~i~ature
Date
30
56
11
XO
46
47
4O
16
13
'~' 4076523~49
TXBo: 9:40 AH
FORD
TRUCKS
5B;BASTXAM CITY OF
Page X o£ 5
05/26/3904
PREPARRD BY: C~OIU~B BLIPS(BI
HO, OF Ui~XTS: X
I Q u ~ P N milt D BT A X L
( Price Love! -- 40! Node! Year - 1994 Veraion - vX.65U.0.0 )
12qTa000 94.4" BBC Conventional Tandem
Wheelbase
WB-186 CA-120 Ar-63 0Ai~277
Engine
Ford FO-X460 ATA 275 HP 2200
Fuller RT-7608LL 10-Speed Direct
RsRFAxXo
46000 lb Rockwell RT-46-X60 Steel lS
Axle Ratio 4.56
Front Axle
16000 lb Front Axle
F~ont Suspension I
16000 lb Capacity
Rear Suspension
46000 lb Hand RT460 w/Bronze Bush 54" I
30.0 SM 110,000 PSI Full Channel Reinf
Air Brakes Front Cam 16.5"
A~r Brakoa Rear Cam X6.Sff
T~o 20 Front Air Brake Chnm~era
Axle Bqui~nt/Dr~veline _. I
oi££erentLml(~),MaXn,Non-LookXn~
D~£~Sre~tXalrlnter-Axle~Full Lock Driver
I :
GEORGE ELLISU~
FORD
T'IBe: 9:40
PR,Ei'A~.KD BY: G~K lrT.T.ZSOll
Page 2 of S
NO. OF DIgiTS: 1
I
I
( Price ~1 '" 401 Model Year - 1994
DESC3~PTZC~
Axle Bqutpment/Oriveline (cent)
Drag Link & Tie Rods, Croaoeable
U-JO~Rt~ Spicer 17G0 HD
Nagnetic Traps - Drain & Fill Plugs
I DUal Power 5teer~ng Ross TAS - 65
~h~k A~sor~r$,Front Db1 Act Telescopic
Wheel 5ea15 Front
i Wheel Seals Rear; C.R. Scotseal
19 Brake Bquipment
Air Comp, 13.2 CFM Bendix Tu-F10 550
I A~r Dryer, BendiX AD-9 Heated
Moisture Ejectors Non-Htd Bendix Auto
Sla¢~ Adjusters Front Auto Gunite 5.§
I 23
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Standard Interior Trim Charcoal
~xterior Cab~quip~ent
Cab Trim, Exterior - standard
Grille Drl~ht & Black Anodized Aluminum
Hood Forward Tlltln~ Front End
Horn,Single ~lectric
HornstDual Air Single Base
Hitters Dual Weste~ Delbar Stainless
R~$t preven~ive Cab Treatment
Tin=ed Gl~ss All A~ound
Windshield #ipors Two-S~eed Electric
Interior Cab Equil~ent
Hester Frssh Air w/Ail W~athsr V~nttlatn
Radio AN/FI~ Stereo
~teering ~eel 20# Diameter
Verulon ,,~ Vl.65U.O.O )
25
26
27
'28
29
32
36
4078623849
GEORGE ELLISON
FORD
9:40
PREPARED BY: GBOI~E Ki,X,TSOM
TRUCKS
Page 3 of 5
OS/2S/XO94
HO. OF U~XTS: I
( FTiOe I~ve! -- 401 Nodal Year - 1994
DBSCRXI~XOR
Version = v1.6SU.O.O )
Seating I
seat Belts Lap & Shoulder
Driver National Lo-Back Cush-N-Aira
Paa~ RaHlcnal Lo-Duck Fixed Base
lnst/Geuge/Swlteh/Wzn Dov
Air Cleaner Mtd Restriction Indicator
GaUge - Direct Read el! Pressure
Gauge mlec; Coolant Tamp
Gnuqe Elect;Fuel
~auge - Voltmeter
Hobbs En9 Hour Meter Oil Press Activated
~nstrunent Panel city Deliver~
Parking Brake Control Dash Mounted
speedometer, Electric - H~H/k~h
Tachometer Electric
TUF~ Si~nal swltch~ steerin~ Column M2d
#arnln9 L1qht & Buzzer~ Low Air Pressure
~lectric~l
Circuit Pro~ectors, Fuses
Flaeher ~ergenc~
Heed ~ights, ~o Rectangular Halogen
Lights cab Harker; Trucklite (5 Lights)
Tall Lights, T~o
Turn sLgnaZe Fende~ Haunted
Alternator
Alt 9S Amp Motorcraft Internally Reg.
Batteries/Boxes/Cables
Ba~t 3, 03 ,*,~p 62S CcX ~orcra~ Grp 31
~u~t Syetou
Muffler and Horiz Pipe RH
Clutch
spicer 14" 2-Plate Ceramic
4078623849
FORD
Time: 9:40 JOt
PJ~,PAR~ BY: G~t~ ler~Isogl
TRUCKS
IGC). OF UiII'~: i
Piige 4 of 5
os/2&/igg4
( Pries Love1 - 401 Model Yoar= 1994
DB.q~RZPTZO~
Version = vi. 65U. O. 0 )
Air Cleaner, Donaldson Single-Stage
snqine #arntng/Shutd°Wnr Heeitt
Fan ClUtCh, Eaton 660
I Coolant F~lter~ Fleet~uard Spin-On Type
Oil Jilter,One 2.~ St. Fleetguard LF3OO0
I Fuel/Water separator~ Fleet~uard Non-Htd
GOVeTnor~ Mec~a~loal
011C~91~r~ Integral
~llicone Hose Fo~ku~
~t~rtO~; Delco 12 Volt
Fuel Tan~
-D# Type Steel Tanks
Steel~ 5o Gal Dual nD" Type
ISC
Paint, Solid Color
Pure White
Front Tire Size & )[~g
T~lesm Radial 31~/80R22.5-18 16,000
c~odyear Unleteel G291
I52
Front Wheel
Disc 10H 22.5X9.00 1 pc
Rear Tire size
Tubeless Radial 11R22.5-16
GOOayear U~ts=eel
Rear W~eel
DiSC 1OH 22.5x8.25 1 pc
~eel & Tire Bquipeent
Wheela-Pain~edWhite
23,200
4078623849
FORD
TIM: 9:4:1 AM
PRKPARED BY: GBO]KGE ELLZSON
os/2G/2994
( PTLoe L~vo! - 4o:1 NodeX YMr - :1994
Vorston - vl.6SU.0.0 )
~9
Cllas$iS BqutpBent
Bumper Front Full Width I
TOW HDo~s Front
Dealer ln~alled
12/14 YD DUMP BODY- DOT- TRANSTAT
FREIGHT CHARGE
STANDARD WARRANT¥ COVERAGE
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Use of Community Center -
Scott Family Benefit Fish
APPROVED FOR
City Manager:
AGENDA FORM
SUBMITTAL BY:
Fry
) Agenda No.
)
) Dept. Origin ~ity Clerk
)
) Date Submitted 10/17/94
)
) For Agenda of 10/26/94
)
) Exhibits:
) Application Dated 10/24/94
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
of Sebastian has
The Cit~ . received a request from Barbara'Schardt requesting the use
of the (~ommun]ty Center on November 5, 1994, from 12:00 Noon to 6:00 PM to hold a
Fish Fry.
She is requesting the approval of a $5.00 donation per person for food and also the use of alcohol
at this event° All profits are designated for the Scott Family.
RECOMMENDED ACTION
Review the above request and act accordingly.
I
I~e of llenter / O~anizstio~ .~/~ ~_~
I~umber of Pe~ ~stituth~ ~ or o~izati~:
~e of 0~: ~ I~;~ ~ ~o ~.'~
1) ~e kitchen facilities re~ir~?
2) ~e ~u ~ resident of Sebastin?
~ill decor~ti~ ~ pt
~ill there be sn ~ssion
5} ~ill ~lcoholic ~vern~
(b} If ~lco~l is to ~ se~e~, pe~ssi~ is .re~ird,.~ t~e
~it? ~1. Jour r~est ~ill ~ pr~te~ ~o ~cu
on I~1~1~ ~
Telephone ~o.:~.~F.~. ~te of ~pplkation
~ake checks p~yable to: CIW
Secu~itj[.Oe_po~it paid {date) in the a~ount of
· ,, ~,~ '~_~ or Cash
initial
Rental Fee paid on (date) in the ~mount of
b~ Chock ~ or Cash
initial
tlcoholic Beverage Request heard at the Council Meetin.~ on (date)· Request ~PRO~) /
Fee Waiver Request heard at the Council Neetin~on {date). Request ~PPROI/I~ /
le? Pickup Date Ke? Return Date
Secnrit? .Deposit returnet b~ Cdt? t~eck ! in the
amount o~ on {date)
~at kopt four d~l~e~ (if
City of sebastian
1225 MAIN STREET '" SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: CONSTRUCTION BOARD
RE-APPOINTMENT OF TRUMAN SMITH,
RANDY MOSBY, KEITH MILLER AND
APPOINTMENT OF THOMAS CECRLE AND
NICHOLAS MESSINA.
Approved For Submittal By:
City Manager L~f-'~- ~
/
) Dept. Origin: Community Deve.lopment
) (BC,~
) Date Submitted: 10/17Z.94
)
) For Agenda Of: 10/2.6/94
)
) Exhibits: Applications for Truman
) Smith, Randy Mosby, Keith Miller,
) Thomas Cecrle and Nicholas Messina.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At their regular meeting of September 13, 1994, the Construction Board
made and passed unanimously the following motion:
MOTION BY MR. J. SMITH, SECONDED BY MR. TOZZOLO THAT WE
RECOMMEND TRUMAN SMITH, RANDY MOSBY AND KEITH MILLER TO BE
RE-APPOINTED TO THIS BOARD.
MOTION CARRIED.
At their regular meeting of October 11, 1994, the following motion was
made and passed unanimously:
MOTION BY MR. T. SMITH, SECONDED BY MR. J. SMITH TO RECOMMEND
TO CITY COUNCIL MR. THOMAS CECRLE AS THE REGULAR MEMBER AND
MR. NICHOLAS MESSINA AS THE ALTERNATE CONCERNED CITIZEN.
MOTION CARRIED.
RECOMMENDED ACTION
Move to re-appoint Mr. T. Smith as Regular Member (HARV), Mr. Randy
Mosby, Engineer Position, and Mr. Keith Miller, Regular Concerned
Citizen Position. Also to appoint Mr. Thomas Cecrle, Regular Member
and Mr. Nicholas Messina, Alternate Concerned Citizen. All terms will
expires 9/30/97. .~
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MEMORANDUM
DATE:
October 18, 1994
TO:
Mayor Firtion and City Council Members
FROM:
Kathryn M. O'Halloran
City Clerk
RE:
Construction Board Appointments - 10/26/94 Agenda
The Construction Board appointment recommendations scheduled for
the 10/26/94 City Council agenda were completed prior to City
Council action on Resolution No. R-94-51, adopted October 12,
1994, amending procedures for board appointments, including a
provision for City Council to interview all board applicants.
Ail terms expired on September 30, 1994, however, the
Construction Board interviewed Thomas Cecrle and Nicholas Messina
on October 11, 1994, thus, the recommendation for all
reappointments and new appointments come to-you at this time.----
No other applications than those recommended for these positions
were received. Truman Smith, Randy Mosby and Keith Miller are
all eligible for reappointment to their respective positions for
three year terms.
Appointment of Nicholas Messina to alternate concerned citizen
will create two alternate concerned citizen positions.
I have enclosed a committee list for your information.
sam
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NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS
OF 8/10/94 AND WILL BE REVISED AT THE BEGINNING OF EACH
MONTH
CONSTRUCTION BOARD
3 YEAR TERMS
MEETS 2ND TUESDAY EACH MONTH - 7:30 P.M.
WAYNE TOZZOLO
1085 GARDENIA ST.
SEBASTIAN, FLORIDA 32958
388-9736 (HOME)
388-3322 (WORK)
GENERAL CONTRACTOR
APPOINTED REGULAR TERM: 1/94
TERM ACTUALLY BEGINS: 9/93
TERM EXPIRES: 9/96
(currently in 1st full term and 1st regular member year)
MICHAEL P. CAPP, VICE CHAIRMAN REGULAR MEMBER
424 BYWOOD AVENUE APPOINTED ALTERNATE UNEXPIRED TERM: 12/87
SEBASTIAN, FLORIDA 32958 TERM EXPIRES: 10/88
589-3591 - H ~-- .b~ ,~ APPOINTED REGULAR TERM: 10/88
589-3452 - w TERM EXPIRES: 10/9I
~ ' '- U 7, TERM EXPIRES: 9/30/94
(currently in 2nd full term and 6th regular member year)
CHUCK NEUBERGER
357 MELROSE LANE
SEBASTIAN, FL 32958
388-0029 H
589-7309 - W
ELECTRICAL CONTRACTOR
APPOINTED REGULAR TERM: 9/88
TERM EXPIRES: 10/91
*APPOINTED REGULAR TERM: 10/91
TERM EXPIRES: 9/30/92
REAPPOINTED REGULAR TERM: 10/92
TERM EXPIRES: 9/30/95
(currently in 3rd full term and 6th regular member year)(second
term was for one year only to readjust terms)
RANDY MOSBY __ ENGINEER POSITION
8260 CAPEWELL COURT ~( ..... ~. 3 'APPOINTED REGULAR MEMBER: 10/91
SEBASTIAN, FL 32958 u~ ~5 .~,i ~LA ~__ . . _~ TERM EXPIRES: 9/30/94
(currently in 1st full term and 3rd regular member year)
JERALD E. SMITH, SRo
9406 126TH AVE.
FELLSMERE, FL 32948
571-0438 Home
589-6818 Business
APPOINTED UNEXPIRED REGULAR POSiTiON
VACATED BY GERALD CAREY: 10/28/92
TERM EXPIRES: 9/30/93
REAPPOINTED REGULAR TERM: 11/10/93
TERM EXPIRES: 9/30/96
(currently in 1st full term and 2nd regular member year)
TRUMAN SMITH APPOINTED ALTERNATE CONCERNED CITIZEN
273 COLUMBUS ST. POSITION: 10/28/92
SEBASTIAN, FL 32958 TERM TO EXPIRE: 9/30/95
388-1725 HOME APPOINTED UNEXPIRED REGULAR MEMBER (HARV)
770-0507BUSINESS POSITION VACATED BY J.HANEY: 5/11/94
(alternate terms and years not counted)(Currently NO FULL term -
1st regular member year)
KEITH D. MILLER APPOINTED ALTERNATE CONCERNED CITIZEN
961 RIVIERA AVENUE POSITION VACATED BY NYRA ENLOW: 7/28/93
SEBASTIAN, FL 32958 TERM TO EXPIRE: 9/30/95
(407) 388-9004 APPOINTED REGULAR CONCERNED CITIZEN
~. ~v~i,~.( ' . POSITION VACATED BY NYRA ENLOW: 5/25/94
'9/30/94
(alter~ate~'~-A~u~'~t~rms and Years not counted)(Currently NO FULL term -
1st regular member year)
MICHAEL HERBIG
APPOINTED ALTERNATE CONCERNED CITIZEN
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1519 CLEARBROOK ST.
SEBASTIAN, FL 32958
563-7997
POSITION VACATED BY TRUMAN SMITH: 5/25/94
UNEXPIRED TERM TO EXPIRE: 9/30/95
(alternate terms and years not counted)
Sebastian Contruction Board
Please be advised that I would like to continue to serve'on the
Construction board in the HVAC contractor position. The two years
that I have been on the board will help me in serving in the future.
Sincerly Your,
Truman Smith
Air Conditioning · Refrigeration · Electrical Service
2.
3.
4.
$.
6.
7.
8.
9.
available)
,10. Voter registration no.
11. Are you a resident of the City? Yes~ No
12. Length of Residency
13. Do you hold a public office? Yes No_><'
14'. Do you serve on a City Board at present? Yes_~_ No
15. PLEASE CHECK THE BOARD(S) YOU ARE I~ERESTED IN SERVING ON:
(Please n~ber in order of Dreference with first choice
bein~ "1" )
*BOARD OF ~STME~
CEMETERY CO~ITTEE
*CODE ENFORCEME~
*CONSTRU~ION BO~
*PL~iN~ ~ ZONING /
~I~PED CO~ITTEE
16~ What qualifications do you have to se~e on this board?
t/~~ ~ /~-~
17. ~at reasons do you have for w~shlng to se~e on an advtso~
board?
"~
(use additional sheets if necessary or submit resume if
18o Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes~No~
19. WOuld you consider serving on another Board oth than the
one(s) you selected above? Yes .. No~
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for d~squalificatton or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
~alfeas~nce, misfeasance, neglected duty, habitual drunkenness,
or
Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
'misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
9nature
Subscribed ~nd sworn to before me
tO me or has produced
~SEAL)
\ws-form\application
. , who is~persona~]ly
' as identification.
S%a~e 6f ~lorida
Name of Notary (Printed or Typ6d)
commiss 0 No.
9. Education and ExDerience. "
Associa.te. Degree, .DeVry technical Institute, Chica~o, Electronics
Dale Carnegie graduate
Contractor Exam School graduate
Mike HOlt School qraduate
.Commercial-Instrument ~llot
State Certified Class B A/C contractor. CAC051504
State Certified'Unlimited Electrical contractor. EC0001278
Water and sewe= contractor and general contractor in Wisconsin
for ]0 years.-
Zonin~ Administrator for Burnett County Wisconsin for aDDrox.
2 years.
John Deere dealer in Wisconsin for 6 Years.
Manaqed John Deere dealerships and installed IBM computer.
systems in same for 6 years
.Owner of Palm Aire and Electric for 5 years.
.Member .of- Sebastian Constru~tibn Board 2 years,.
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August 22, ]994
Ms. Kathy Nappi
City of Sebastian
Building Department
1225 Main Street
Sebastian, FL 32958
MOSBY AND ASSOCIATES, INC.
CONSULTING ~-N~,I N ~'1~1~
· , : ..;
2455 14~H AVENUE
P.O. BOX 6368
VERO BEACH, FLORIDA 32961
407-569-0035
Dear Ms. Nappi:
As discussed on the telephone, enclosed is a notorized copy of the City of Sebastian "Application
to' Serve on City Board" for Construction Licensing Board. I understand that my current term
will expire in September 1994 and I wish to continue to serve on the referenced board for the
completion of a second term. Your presentation to the Sebastian City Council of my request
would be appreciated.
Should yo~ have any que.~tions regarding the above subject, please call.
cc: M/r. Joel Koford, City Manager
.I
~ 18 '94 . 12:~8PM P.~×3 ~
3.
4.
5.
6.
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APPL,I,C.ATION TO SERVE ON CITY BOARD
.,..: .... I
~ - .-
(use additional .h..~s
11. Are you a resident of the
12. Length of R~sl~e~c~ ~o~
13. Do you hold a public
~4'. Do you se~e on a C~
PLEASE CHECK THE BOA~(S) YOU ARE I~EREST~ iN SERVIN~
(Please n~ber in order of
being "1")
*BOA~ OF
CE~TERY C0~I~EE
*CODE ENFORC~E~ BOA~
*CONSTRU~ION B0~D
*PLYING ~D ZONING
17.boa_~d?What reasons do ~ou have for wishing to serve on an adv. i~o~ i
i
m:
AU6 18 '9~
18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes
m 19. Would you consider serving on another Bo,a~d other than the
one(s) you selected above? Yes _~_ No ·
I hereby.certify ~hat I am qualified to hold ~he position for
i which Th~s application is made. Further, I hereb~ authorize the
City of Sebastian to investigate The truthfulness of all
information which I have provided in this application. I
m understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
m i understand that the City Council of %he city of SEBASTIAN may
suspend or remove from of£ice any municipal board member for
malfeasance, misfeasance, neglected duty, habitual d~unkenness,
m incompetence, or permanent lnabill%~ to perform has of£ic£al
duties. Further, I ~nderstand That the City Council may suspend
any municipal board member who is arrested for a felony or for a
I misdemeanor related to ~e duties of his o~fice or who is
indicated or informed against for the commLssion of any felony or
run an
Subscribed and sworn to before me this ~oday_of ~/6~JT -~-
· o me or h~s pr~uced ' as identificat~on.
1,4ARSHA L. HARILiEB
My Cornm Exp. 9/13/96
Bonded By Service Ins
No. CC227599
l~s~,y G~,~ I t~L~.
Not,r) Public, State of Florida
Na~e of Notary, (~rinted or ~yped)
Comml~s~lO~ Noj
\ws-for~\application
~' ~PP~,ICA~,ION ~0 SERVE
~-.HOME ~D~-Ss:~/~//~ ,~_
5. BUSI~SS ~DRES$:
7. socz~ s~cu~z~ ~R: /~
9. RES~E 0F EDUCTION ~ EXPERIENCE:~
(use additional sheets if necessa~ or submit res~e if available)
,. ~0~. vo~.~ ~.~i.~=.~o~ ~o. ~ 9/~ 9o .
~. ar~ ~ou a r~.~ o~ ~n. c~ ~s~o
1~. Do you hold a public office? Yes No~
· 14'. Do you se~e on a City Board at re
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON.
(Please n~ber tn order of 9reference with first choice
being "1")
· BOARD OF ~STMENT
CEMETERY CO~ITTEE
· CODE ENFORCEMENT BOA~
~I~PPED CO~ITTEE
16o What qualifications do y.ou have To serve on this------board? .
· ' ~ ~ . -n.~,~ ~,~
17. What reasons do you have f~r wishing to serve on an advisory
board?
.~ 18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes
~ No~
19. Would you consider serving on another Bo~r~other than the
one(s) you Selected above? Yes &/No
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which i have provided in this application.
understand that any misrepresentation or omission of information
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
~n~mpetence, or Permanent ±nabili~ to ~-~--
~.,u~r WhO is arres=ed for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
Subscribed an.d sworn to, before me this /~.,Z~ day of~
19~, by /~w~ o. ~,//~
, who 'is perso~al~y known'
to me or has Produc6d ~.~. /~..f~.~.~.~ as identificat~
e of Nota~ '(P~intsd or
~o~isSion' NO.
\ws-form\application
, ' ' .,9.6J. Riviera Avenue /.~; ~.~u'~ ~, ~'...~.
· . (407) 388-9006 ~ ~ ~-~ -',' '
OBJECTIVE: See~g a res~on--~- . '~
'''
value and allow ~ ....... ~. d educacion will be ~ --~ .... -
a~IINCE: ~ D~~ OF ~ ...... - .... ~uueavor.
~N~ ~m AV~TION
1983 - 1985 Plumber
~ies include =
- Supe~Xses/direc=s ~d is responsible r
al~ertng~ repairing, ex=end~ ..... f~r plumber s helpers in
- dr~age~ and gas sys=e~ *~s. an= ~lncainin~ pl~b~g,
~k decist~s relative Co methods of doing work
- Prepares ~rk schedules
- ~kes ~rk
- Inspects equ/pmen=~ f~=ures, and p/p/n~ syste~ in order
be able =o properly ~inCain
- Prepares job orders and requisitions f
. - _equipment or tools, ~=erials, and
aeeps records and ~kes reports
i97.5 - 1983 ~ D~~ OF CO~CTION
-' Duties include ~he same as above
1971 - 1975 ~ ~O~R PLYING
' Duties ~cludl:
- ~sis=ed pl~ber in preparinE tools and ~terials for work
- ObllEa=ed for on-=he-~ob clean-up
- Responsible for Pl~binE vehicles
-~tained plu~xn~ Shop . .
- Perfo~ed r~lated d~t~s
969 1971 SER~ ~ ~ ~IT~ STA~s ~ .
~966- I~69 ~- J. L~CH, INC.
~Cies ~clud~:
-Spray-pain~tng~ sandblasting, welding, and Corch-bu~ing of.
~Chines .
- ~paired bowling equipment
- Reuova~iou of bowling ~chines and alleys
- Installed bowling ~chines
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,' , 'J."EDUCATION:.. Co~naunicy College
~ Computer Science
Bill l~ar~on School flor ~ltmbing
Hec~n~cs ~ns~tute
Ind~ ~ver College
- Bus Driving Course
- Basic Refrigeration
- Floral ~rangements
City of Sebastian
I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
September 26, 1994
Nr. Thomas Cecrle
1055 Barber Street
Sebastian~ Fl. 32958
RE: Application for appointment to the Construction Board
Dear Mr. Cecrle:
At their regular meeting held 9/13/94, the Sebastian
Construction Board requested your presence at the next
regular meeting to be held 10/11/94 to talk to you in regards
to the above referenced.
The meeting will be held at 1225 Nain Street in the City
Council Chambers at 7:30 P.~.
If you have any questions, please feel free to call me at
589-5518.
Sincerely,
K. Napp i
Secretary
Sebastian Construction Board
K
App. doc
i!~h ~\~~ ~ APPLICATION TO SF. RVE ON CITY BOARD
.'.~.-.~.k,_.~.,-~N...AMW.: Thoma~ Randall Cecrle
"'~ ~L.~-~-~"" '
2. ~OME ~DR~SS: Ba ber Street Sebast~FL 32958
3. HOME TELEPHONE: (407) 589,3130
5.
6.
7.
8.
9.
BUSINESS: Professional Land Surv~yor
BUSINESS ADDRESS: ]0749 US,1. Suite A, Sebas.~ian~ F.L 32958
BUSINESS TELEPHONE: ¢407) 388-0520
SOCIAL SECURITY NUMBER:'
DRIVERS LICENSE NUMBER:
RESUME OF EDUCATION AND EXPERIENCE: High Soho61 MelboDrne,
m~m~ ~mm,,ni~y Cn]l~gm~ Vm]~nc~a Community College .......
(use additional sheets if necessary or submit resume if available)
10. Voter registration no.
11.
12.
13.
14.
15.
16.
Are you a resident of the City?
Length of Residency
Do you hold a public office?
Do you serve on a City Board at present?
Yes ×~ No
Yes ,: No~
Yes~ No X
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD ~
*CONSTRUCTION BOARD ~
X ~
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
What qualifications do you have to serve on this board?
Licensed Professional in the ~it~ of Sebastian
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17.
What reasons do you have for wishing to serve on an advisory
board?
To held my Community
i "18. Have you ever been convicted of any felony or any
~lisdemeanor involving moral turpitude in this or any state?
i Yes No X
I 19. Would you consider serving on another Board other than the
one(s) you selected above? Yes X__ No __
i hereby certify that I am qualified to hold the position for
I which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application, i
I understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal. · ~
I I understand that the CitY Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
I incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
i 'misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I I hereby authorize the Sebastian Police Department to run an
~ctive warrant check on me..
A~D~Iican~ ffighature --
i ' /~ da o~--/- Z
Su~s%ribed~nd ~ t9 ~fore/me this /~ Y ~, '-
tome "' /{3/X$ ....... as identifica:lon.
: EX~: ~ 18.1~ , ~ '"'.J
I
"- ~-~ "' ~' ~- ~ .... ' Name of Notary (~r~ted or Typed)
~0~misSi°h NO':
I \ws-form\application ~.~
I
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
September 26, 1994
Nr. Nicholas Messina
1387 Cownie Lane
Sebastian, Fl. 32958
RE: Application for appointment to the Construction Board
Dear Mr..Messina:
At their regular meeting held 9/13/94, the Sebastian
Construction Board requested your presence at the next
regular meeting to be held 10/11/94 to talk to you in regards
to the above referenced.
The meeting will be held at 1225 Main Street in the City
Council Chambers at 7:30 P.M.
If you have any questions, please feel free to call me at
589-5518.
Sincerely,
Ko Nappi
Secretary
Sebastian Construction Board
K
Appodoc
BOARD
*.:f.. ,.~
'~.~,;~ I.(,,.~ ~V '
6. BUSINESS ~LEPHONE:
8. DRIVERS LICENSE ~BER:
9. RES~E OF EDUCATION ~D EXPERIENCE: ~ '
(use additional sheets if necessary or,submit resume if available)
10. Voter registration no.
11. Are you a resident of the citY? Yes ~/No
12. Length of Residency
13. Do yOU hold a public office? Yes No
14'. Do you serve' on a City Board at present? Yes__
15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ONT.-
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING AN7) ZONING
HANDICAPPED COMMITTEE
16. .What qualifications do .you h~ve to serve on thi board? .
· ~ .) ? , - j .... ( '"
17. What reasons do you have for wishing to se~e on an adviso~
board? ~. ~
I
8. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes No ~
19. Would you consider serving on another Board other than the
one(s) you selected above? Yes ~ No
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application.
understand that any misrepresentation or omission of information
reques'ted in this application is cause for disqualification or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
Applicant Signature
Subscribed and sworn to before me this ~day of ~ ,
19~_~, by .~.//~//.~,z~ /~/-~.,5'S/~.~ , who is persona~y known--
to me or has produced~ '
Y~/~/./~,~,~w~... as identification.
iSEAL)
Not, ary Public, State of ~>iorida
Name of Notary (Printed or Typed)
Commission No.
\ws-form\application
City of Sebastian
1225 MAIN STRFET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Resolution No. R-94-50
Community Center, Yacht Club
and Council Chambers Use
APPROVED FOR SUBMITTAL BY:
City Manager: ~~ ~
J
Agenda No.
Dept. Origin
Date Submitted
City Council
.10/2.0./94
For Agenda Of 10./2.6/94
Exhibits: R-94-50
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A BUDGETED: REQUIRED:
SUMMARY STATEMENT
The City Council, at its October 12, 1994, Regular Meeting, postponed
action on Resolution No. R-94-50 to allow the City Attorney time to
review certain documents relative to the Yacht Club.
The City Attorney will give a verbal report, at the meeting.
RECOMMENDED ACTION
Take appropriate action on Resolution No. R-94-50.
RESOLUTION NO. R-94-50
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN
COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL
CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR THE USE
OF SUCH FACILITIES: PROVIDING FOR THE COLLECTION OF
RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES;
PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL,
PROFIT GENERATING ACTIVITIES; ;PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian owns and maintains a Yacht Club
and a Community Center for the use and benefit of its citizens and
a City Council Chambers for the operation of City government; and
WHEREAS, the promulgation of rules of conduct and procedure
will promote the general health, safety, and welfare of those
persons utilizing such facilities; and
WHEREAS, the City Council deems it necessary to impose certain
fees for the use of such facilities in order to defray the cost of
maintenance and repair.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. RULES AND REGULATIONS. The City Council hereby
adopts the following rules and regulations for the use of the
Sebastian Community Center and Sebastian Yacht Club.
A. An application for a permit to use the Community
Center or the Yacht Club must be completed on forms provided for
such purpose by the City Clerk. An application for a permit must
be received by the City Clerk at least two weeks prior to the date
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of'the requested use.
B. The City Clerk shall issue a use permit upon a
determination that the requested use is permissible pursuant to
this Resolution and all fees have been paid. in the event that'the
proposed use may include activities involving gambling, alcoholic
beverages, the use of a facility after 11:00 P.M., or if an
admission charge is to be assessed, then the City Clerk shall not
issue a use permit until directed to do so by the City Council.
C. A use permit for a group composed of minors shall be
issued only to an adult who accepts the total responsibility for
the supervision of each minor throughout the period covered by the
permit.
D. No admission fee or other charges may be imposed by
the permittee unless expressly authorized in the use permit. Prior
to issuance of the permit, the City Council shall make a
determination that the proposed admission charge or other fee is
not intended to further a commercial purpose.
E. The serving of food and/or use of kitchen facilities
is prohibited unless specifically authorized in the use permit.
Fo The applicant shall disClose to the City Clerk the
nature of the proposed activity and the anticipated need for extra
work by City personnel. In the event the City Clerk determines
that the permittee will cause extra work by. City personnel as a
result of the proposed use, an additional fee shall be charged in
order to fully recoup such cost.
G. No decoration of any type shall be permitted without
the prior approval of the City. Any decoration utilized must be
removed by the permittee.
H. in the event that gambling activity is to be a part
of the permitted use, the City Council shall make a determination
that such activity is not in conflict with the general law of the
State of Florida.
I. No alcoholic beverages of any type may be brought on
to the premises, dispensed, or otherwise consumed without prior
authorization of the City Council. The Council shall make specific
provisions in the permit with regard to consumption of alcoholic
beverages.
J. The permittee shall not, under any circumstances,
remove any chairs, tables, or any other equipment from the
facility.
K. Unless otherwise directed by the City Council, all
permitted activities shall cease no later than ll:00 P.M.
L. The permittee shall bear the responsibility for t2%e
control of the lights, thermostats, and other equipment in the
facility. Further, the permittee shall bear responsibility for the
unlocking and subsequent securing of the doors of the facility. In
the event that an applicant anticipates any special needs with
regard to heating, air conditioning, or lighting, he shall disclose
the details of such necessities to the City Clerk at the time of
application. The Clerk shall then determine if an additional fee
is necessary.
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M. The permittee is solely responsible and answerable
to the City for damages and to any injured person for any and all
accidents or injuries to persons or properties resulting from the
use of the facility during the permitted period.
N. The permittee shall ensure that the facility is left
in the same condition as it was in prior to'the permitted use.
O. Use permits are not transferable.
P. Any facility equipment utilized must be replaced in
the facility's storage room after use.
SECTION 2. MAINTENANCE DEPOSIT: A minimum deposit of Two
Hundred Fifty Dollars ($250.00) must accompany each application.
This deposit is refundable if a facility is left in a clean and
undamaged condition by the permittee. In the event that the City,
in its sole discretion, determines that cleaning or repairs are
necessary after the permitted use, the deposit shall be forfeited.
In the event that cleaning or repairs are not necessary, the City
Clerk shall refund the deposit to the permittee within two (2)
weeks after the completion of the permitted use ....
SECTION 3. COMMUNITY CENTER RATES: The rates for the use of
the Sebastian Community Center are hereby set as follows:
A. Four (4) hours flat rate - $100.00.
B. Each additional hour - $15.00.
c. Kitchen privileges'- $25.00.
SECTION 4~ SEBASTIAN YACHT CLUB RATES: The rates for the use
of the Sebastian Yacht Club are hereby set as follows:
A. Four (4) hours flat rate - $50.00.
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B. Each additional hour - $7.50.
C. Kitchen privileges - $25.00.
SECTION 5. NON RESIDENT R~TES: In the event that the
permittee is not a resident of the City of Sebastian, an additional
fee of Twenty-Five Dollars ($25.00) shall be assessed.
SECTION 6. NOT-FOR-PROFIT ORGANIZATIONS: In the event that
the applicant is a school, church, or other tax exempt entity, as
defined by the Internal Revenue Service Code, the"charges for use
of the Sebastian Community Center or the Sebastian Yacht Club shall
be one-half (1/2) of the regular rate.
SECTION 7. COMMERCIAL USE PROHIBITED: Neither the Sebastian
Community Center nor the Sebastian Yacht Club may be used for any
commercial activity. Such facilities shall not be used for any
profit making activity except by a religious, political,
charitable, not-for-profit, or tax exempt entity. Any admission
fee, entrance fee, cover charge, food or beverage charge, or any
other fee, charge, or donation associated with the use of the Yacht
Club or Community Center must be approved by action of the ci2~y
Council.
SECTION 8. CiTY COUNCIL CHAMBERS: No organization or group
may use the City CounCil Chambers for the purpose of conducting a
meeting or any other use unless such organization or group is an
agency, board, committee, organization or unit of local, state or
federal government, or a public official who is conducting public
business. The City Council Chambers shall be used exclusively for
the purpose of conducting governmental business by the City, its
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boards, committees and employees or other governmental agencies,
boards, committees, organizations or units of government or public
officials. Any non-City governmental agency, board, committee,
organization or unit of local, state or federal government, or a
public official who desires to use City Council Chambers must
receive the approval of the city Manager prior to such use.
SECTION' 9. CONFLICT: Resolutions No. R-87-68, R-87-68A and
R-89-20 and all other Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
SECTION 10. EFFECTIVE DATE:
effect immediately upon its adoption.
The foregoing Resolution was
Councilmember
by Councilmember
into a vote, the vote was as follows:
This Resolution shall take
moved for adoption by
The motion was seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
A~thur L. Firtion, Mayor
6
ATTEST:
Kat~n ~. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
7
City o~ Sebastian
I 1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
i AGENDA FORM
I
SUBJECT: ) Agenda No. --
· Craft Club of Sebastian ) . .
* Riverview Park - Amend ) Dept. Origin City Clerk
Requested Show Dates )
I * Request 1995 Shows Dates ) Date Submitted 10,18/94
)
APPROVED FOR S~BMITTAL BY: ) For Agenda Of 10/26/94
· · tit Mane er.'~£/%%~1 ) De ter Letter dated 10/5/94
Y g ~%L~ · ) Y
~ / Deyter Letter dated 9/1/94
I Transmittal dated 9/1/94
Council Minutes 9/14/94
Donations List
I --
EXPENDITURE AMOUNT APPROPRIATION
i REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEMENT
I The City Council, at its September 14, 1994 Regular Meeting, approved
the use of Riverview Park by the Craft Club-of Sebastian on OCtSber 1,
I 1994, November 5, 1994 and December 3, 1994 with raindates. The
remaining three dates for January through March 1995 were not approved
at that time. .
I The transmittal I submitted to you on September 1, 1994 indicated a
request for six dates with raindates, when in fact, the Craft Club had
i requested November 5 and 6, and December 3 and 4, 1994 (see 9/1/94
letter). I apologize for the error.
They have submitted a new request to amend the dates as originally
I requested.
Additionally, the Craft Club is requesting approval for January 7,
I February 4, and March 4, 1995 with raindates.
RECOMMENDED ACTION
i Review and act upon the request.
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THE CRAFT CLUB OF SEBASTIAN
P.O. Box 781776
Sebastian, Fi. 32978
October 5, 1994
City of Sebastian
1225 Main Street
Sebastian, Fi. 32958
Attention: Ms. Kathryn O'Halloran
Dear Ms. O'Halloran:
Thank you for your help and courtesy this past Monday.
Please find enclosed a copy of my original letter dated Septem-
ber 1, 1994 showing the correct dates requested for this season.
Somehow, Sunday, December 4, 1994 was overlooked and given to
us as a rain date. We have always had a 2-day Christmas show
which we coordinated with Peter Jones and John Malace of the
Chamber of Commerce. We request that you reconsider our rain
date-of Sunday, December 4, 1994 as a show date instead of a
rain date.
We are also requesting an additional 3-months as follows:
Saturday,Jan. 7, 1995 with rain date of Sunday, Jan. 8
Saturday,Feb. 4, 1995 with rain date of Sunday, Feb. 5
Saturday,March 4, 1995 with rain date of Sunday, Mar. 5 ~---
Finally, THE CRAFT CLUB OF SEBASTIAN is making a request to
be put on the agenda for the October 26, 1994 meeting.
Thank you for your help and awaiting your reply to the above.
cc: Mayor Arthur Firtion
cc: Mr Joel Koford, City Manager
Yours very truly,
CRAFT CLUB OF SEBASTIAN
Al. Deyte~
Secretary '
THE CRAFT CLUB OF SEBASTIAN
P.O. Box 781776
Sebastian, Fi. 32978
September 1, 1994
City of Sebastian
1225 Main Street
Sebastian, Fi. 32958
Attention: Ms. Kathryn O'Halloran
Dear Ms. O'Halloran:
We hereby respectfully request permission to use Riverview
Park for our craft shows on the following dates:
Saturday, Oct. 1, 1994 with rain date of Sun. Oct. 2
Saturday, Nov. 5, 1994 and Sunday, Nov. 6, 1994
Saturday, Dec. 3, 1994 and Sunday, Dec. 4, 1994
Saturday, Jan. 7, 1995 with rain date of Sun. Jan 8
Saturday, Feb. 4, 1995 with rain date of Sun. Feb 5
Saturday, March 4, 1995 with rain date of Sun. March 5
Please consider this request and advise as soon as possible
of your decision so that proper advertising may be done. We
thank you for your continuing support of our club.
Yours very truly,
CRAFT CLUB OF SEBASTIAN
By: ~
Al. D
Secretary
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 = FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Craft Club of Sebastian
Use of Riverview Park
APPROVED FOR SUBMITTAL BY:
City Manager: ~/%~/
Agenda No.
Dept.
Date
For Agenda of
Exhibits:
Letter Dated
Origin City Clerk
Submitted 09/01/94
09/14/94
9/1/94
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received a request from The C"r~ft Club of Sebastian
requesting the use of Riverview Park on the following dates:
Saturday, October 1, 1994 with rain date of Sunday, October 2, 1994
Saturday, November 5, 1994 with rain date of Sunday, November 6, 1994
Saturday, December 3, 1994 with rain date of Sunday, December 4, 1994
Saturday, January 7, 1995 with rain date of January 8, 1995
Saturday, February 4, 1995 with rain date of February 5, 1995
Saturday, March 4, 1995 with rain date of Sunday, March 5, 1995
Historically, requests for the craft shows have been approved by Council since 1988.
RECOMMENDED ~
Approve the above request with standard conditions.
Regular City Council Meeting
September 14, 1994
Page Six
Mr. Oberbeck suggested limiting the use to local
people and that all products be handmade.
The city Attorney advised that the City has the right
to regulate activities, however, reasonable rules and
'regulations must be established and uniformly
applied.
MOTION by Freeland/Oberbeck
I would move that we approve the Craft Club of
Sebastian's use of Riverview Park for the dates
10/1/94, 11/5/94, and 12/3/94 with raindates.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 4-1 (Damp - nay)
TAPE I - SIDE II (7:50 p.m.)
Mayor Firtion directed that the Craft Club president
be contacted to meet with the City Manager to review
rules.
10. PRESENTATIONS
None.
11. COMMITTEE REPORTS/RECOMMENDATIONS
None.
12. OLD BUSINESS
None.
6
Donations To The City
By The Craft Club of Sebastian
.
The Craft Club of Sebastian has ~ts yearly Seasons from Sept.
of one year to May of the following year.
Since our 1990-1991 Season The Craft Club has
donated to The City and Community.of Sebastian.
1990- 1991 The Creative Playground
1991-1992 Backhoe Shovel installed in
Riverview Park.
1992-1993 Donated to Christmas Decorations
in Riverview Park. Also two of our
Members dressed up as Santa Claus and
Pictures were taken. Proceeds from these
pictures were given to the City of
'Sebastians Library for Childrens Books.
1993-1994 A $500.00 donation was offered to the
City on April 1994.
As'. suggested by the Club:
A Park Bench
Mirrors for the Restrooms
or as suggested by the City
New Doors for %he Re trooms.
OFFICE "
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE 0-94-11 REZONING OF
CERTAIN AIRPORT PROPERTY FROM IN
TO AI
Approved For Submittal By:
City Manager
) Agenda Number: ~' ~
)
) Dept. Origin: Community Development
) (BC)
) Date Submitted: 10/20/94
)
) For Agenda Of: 10/26/94
)
) Exhibits: Ordinance 0-94-11
)
)
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At their regular meeting of October 12, 1994, City Council disc~s~s~d
rezoning certain property located at the SebaStian Municipal Airport from
IN (Industrial District) to AI (Airport and Industrial Facilities
District).
RECOMMENDED ACTION
Move to accept the first reading of Ordinance 0-94-11 and set public
hearing for December 7, 1994.
.i
ORDXW~E NO.
~ OItDTN~CE OF T~E CXTY OF I~T~, Z~X~
~ONZN~ ~ERTAIN PROPERTY ~T~D AT T~
BB~~ M~ZCXP~ ~PORT FRO~ IN
(I~U~T~ DISTRICT) TO ~X (~XR~RT ~
i~U~T~ ~A~ZLXTiBS DISTRICT); P~DZNG FOR
RBPE~ OF O~I~OBB OR P~TB OF O~IN~CEB ZN
OO~LI~T ~NITH; PROVIDING FOR ~E~XLZTY;
~ P~VIDiN~ ~ EFFE~ DATE.
WHEREAS, the Airport Master Plan was adopted by the City of
Sebastian; and
WHEREAS, the current zoning is consistent with airport master
'plans except for a strip of land which is described in this
Ordinance; and
WHEREAS, the City Council of the City of Sebastian, Florida,
has considered the criteria identified in Section 20A-11.6 of the
Land Development code. together with the recommended findings and
recommendations of its staff and Planning and Zoning Commission;
and
WHEREAS, the City Council of the City-of Sebastian,
has determined that the requested change in zoning should be made
in the public interest to provide the property described in thig
Ordinance is zoned in accordance with the Airport Master Plan.
NOW THEREFORe, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~otio~. 1. PROPERTY. That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the following described real property:
iU-ZU-~ U~' IOI'IY1 ~liU~l 1'Viii. K, ~VVI.~.I.I.BIi~ Iv ~QBQiiBII Viii ~u~
E 818 · 81 F~== '~ ~. ~ . ~NG SAID
' N 04 ~7 ~0 W A
644.46 FE~T TO ~ ~'~ ----. .... ,C~ S
3970.00 FEET;
F~ET; T~N~ N 00'02'15 E, 2034.00 FEET TO THE
POINT OF BEGI~2NG.
CONTAINING 1,687,250 SQU~ FEET OR 38.73 A~S,
MO~ OR ~SS. SAID ~oP~TY ~ING ~TED IN
INDI~ RI~R cO~TY, F~RIDA.
~ DISTRICT. That
~is Ordinance is hereby rezoned from IN (Industrial District) to
Ci=y zoning DiS~ric~ AI (Ai~O~ and Industrial Facilities
Dim=rict). The official City Zoning Map shall be ~ended
reflec~ ~is change in zonin~ distrzo~.
~ OO~LiCT. All ordinances or parts of ordinances
in conflict herewi:h are hereby
~ 8~~iLiTY. In the event a cour= of competent
jurisdiction shall hold or dete~ine that any par~ of _~is
ordinance is invalid or uncons~i:u~ional, ~he remainder of =he
ordinance shall not be affected and i= shall be presumed ~hat the
that the City Council. would have enacted the r~mainder of this
Ordinance wi~hou~ sazd invalid and unconstitutional provision,
=hereby causing said reminder %o remain in full force and effect.
~ This ordinance shall become effective i~ediately
upon its adoption.
The foregoing Ordinanoe was
Councilmember L ' .....
by Councilmember ..........
into a vo~e, the vote was as follows=
moved for
. The motion was seconded
__ and, upon being put
· i
adoption by
Mayor Arthur L. Firtion
Vice Mayor Carolyn corum
Councilmember Norms J. Damp
Councilmember Rober= Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Ordinance duly passed and I
adopted this ._____ day of L . . .... , 1994. I
ATTEST:
(seal)
Approved as to Form and Content:
CITY OF SEBASTIAN, FLORIDA
BY:~rthur' L, F'~tion~ ~ayOr'"
~lifton A. McClelland,
City Attorney
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~PLICATION FOR SPECIAL USE PERMIT ,
In accordance with Section 20A-2.6, hand Development Code,
the
City Council may, in its Bole discretion, grant a special use
permit tn any district for a use which is not p~ovided for in the
m
zoning regulations. All such uses shal! not be otherwise ·
illegal, and shall not be specifically prohibited pursuant to the
comprehensive plan o= otter applicable law or regulationS..
The City Council shall not grant any special use per "'~' m
evidence p£esented to it tn each case that=
1) The granting of the permit will not be det~
public salety, health or welfare o£ be
other properties or improvements within the
vicinity in which the property is located!
2) The use requested is cons/stent with the purpose l
intent cE the respective district, and can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district. 1
The fr for a specie! use permit ts $150/(established by
Resol~ion No. R-88-09). In addition the applicant must provide
the Cl'ty Clerk's office with a list of the surrounding property m
owners, within .a 200' radius of the subject property along with
the appropriate certified return recelpt mailing fee (currently
$2.29 for U.S. mailing).
HAME OF ~PLICANT=_ Henr__y A. Fischer & Sons, Inc~__ ____ I
~DRESS OF APPLICANT= 10729 U.S. 1 __ __-
Sebastian, Florida 32958 m
APPLICANT PHONE I' (407)589-3159
ADDRESS OF SUBJECT PROPERTY=...~OR~ qgTH ~[r~t m
Sebastian, Florida 32958
LE~ . See Attached m
AL DESCRIPTION OF SUBJECT PROPERTY.~__
I
BONING OF SUBJECT PROPER~ Industrial __
REASON FOR REQUEST FOR SPECIAL USE PERMIT= The requested
use ia not a listed permittal nor nonpermittal use in the
LDC but ~ com~tible~ i
THE ~ILDIN~ OFFICI~MAY ~QUIRE ADDITION~ BACKUP INFORMATION m
Date m
WAIVER AND CONSENT
I/We, the owner(s) of the property located at Vtcker's Grove ,
Sebastian, Indian River County, Florida, (the "Property"), hereby
authorize e~Ch and every member of the Plan~ing
Board/Commis~ion of the . City of Sebastian (the
"Board"/"Commission") to physically enter upon the property and
view the Property in connection with my/our pending Special Use Permit
(the "Proceeding"). '
I/We hereby waive any objection or defense I/we may have, due to
the quasi-Judicial nature of the proceeding, resulting from any
any claim or assertion that my/our procedural or substantive due
Board/Commission member entering or viewing the property, including
process rights under the Florida Constitution or the United States
Constitution were violated by such entering or viewing.
This Waiver and Consent is being signed by me/us voluntarily and
not as a result of any coercion applied, or promises made, by any
employee, agent, contractor or official of the City of Sebastian.
Dated this ~& day of O,,J~ , 199 1/ .
and before me this [¢ day of
SWO~
to
s~scFibed
..., --
T~E BUILDING OFFICI~ ~Y ~QUIRE DDITION~ BACKUP INFO~ATION
FOR CER ~Q EST
b:specuse.app
I recommend that the City Council grant the Friends of the St.
Sebastian River permission to perform this service to the
community, and additionally recommend that the city participate
by removing and disposing of the piled debris left on site, on
the following workday or as soon as possible thereafter.
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City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I AGENDA FORM
SUB~ECT~
Combating Brazilian Peppers
in Sebastian
APPROVED FOR SUBMITTAL BY:
city Manager: (~,,z[.~z~/
)
)
)
)
)
:)
)
)
)
Agenda No.
Dept. Origin
Ci~ Council
Date Submitted
For Agenda Of
10/26/94
Exhibits: 1) Eradication
techniques of Brazilian Pepper
2) Applicators guide
3) Homeowner's guide
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A BUDGETED: REQUIRED:
SUMMARY STATEMENT
It was my pleasure to represent the City of Sebastian at the Brazilian
Pepper Symposium on Thursday, the 29th of Ssptember. I have outlined
the information that better suits Sebastian. There is a file with
more information at the Community Development Department.
RECOMMENDED ACTION
For the benefit of the people of Sebastian:
1) I recommend Council direct the City Clerk to request from the
different manufacturers (Monsanto, Dow Elanco) a supply of their
brochures for public use.
2) In recognition of Pepper Busting Day, proclaimed for"sat~day,:'~
october 22, 1994 by the Sebastian City Council, Friends of the St.
Sebastian River are proposing to provide people and equipment on
Saturday, October 29, 1994 to clear Blossom Lake Park of existing
Brazilian Peppers, using the cut stump method. Park Ranger at
Donald MacDonald Park, Brent Balch, will provide the herbicide.
i recommend that the City Council grant the Friends of the St.
Sebastian River permission to perform this service to the
community, and additionally recommend that the city participate
by removing and disposing of the piled debris left on site, on
the following workday or as soon as possible thereafter.
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City of Sebastian
1:)25 MAiN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
ERADICATION TECHNIQUES OF THE BRAZILIAN PEPPER
(SCHINUS TEREBINTHIFOLIUS)
Three (3) methods best suited for Sebastian's needs:
1) CUT STUMP 2) BASAL BARK 3) FOILAR
METHOD:
USE RATIONALE:
1) CUT STUMp OR CUT SURFACE (Level 1) ....
Small volume of trees
2 persons required
People and Equipment - Two people, chainsaw, Garlon 3A or 41%
active ingredient Roundup or
Pathfinder II, small spray bottle,
gloves, dump truck.
Procedure
One person cut tree at ground level with chainsaw;
One person spray or paint herbicide to stump
(concentrating on the cambium);
Haul away the debris.
USE RATIONALE:
CUT STUMP
(Level 2) ..... Large volume of trees
Team of personnel
required
People and Equipment - Team of six people, two chainsaws (or
one chainsaw and one branch cliper)
Garlon 3A or Roundup or Pathfinder II,
spray bottle, gloves, dump truck.
Procedure
One person cuts tree to ground level with
chainsaw, one person sprays Garlon 3A or Roundup
to stump - concentrating on the cambium, one
person cuts fallen tree into manageable sizes,
two people carry debris to specified area or
truck, one person manages the debris in
specified area or truck.
Page 2
ERADiCATiON TECHNIQUES OF THE BRAZILIAN PEPPER
USE RATIONALZ=
CUT STUMp
(Level 3) ..... Acres of solid pepper
trees.
People and Equipment - Heavy equipment (i.e., bulldozers,
bobcat, etc.), drivers, team of stump
sprayers, ** a possible restoration
project to satisfy mitigation
requirements.
Procedure - If this level is needed, professionals should be
consulted.
METHOD:
USE RATIONALE~
2) BASAL BARK
One person required.
Any number of trees.
People and Equipment - One person with sprayer, Garlon 4, oil
dilvent or Pathfinder.
Procedure - Spray around bottom 18" of tree.
* This process kills existing trees and prevents
regeneration of new trees. However, until the
remains are removed this method is not as
aesthetically pleasing as the Cut Stump method.
The valve in this method is that a single
'individual using simple spray equipment (i.e., a
spray bottle) can accomplish complete eradication.
METHOD:
USE RATIONALE:
3) FOiLAR
One or more persons
utilizing heavy
equipment and/or back
pack on densly treed
tracts.
People and Equipment - One person, back-pack sprayer (Roundup,
Rodeo or Garlon 4 or Garlon 3A,
Surfactant)
or
Two people, truck, tank sprayer
Procedure - One person spraying all visible leaves while
walking
or
Two people - one driver, one sprayer operator
spraying while driving.
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PAGE 3
EP,~DICATION TECHNIQUES OF THE BRAZILIAN PEPPER
* This method is also applicable to coastal areas
(using Rodeo) provided that D.E.P. has issued a
clearance permit (free of charge) to the applicant
prior to eradication.
Jackie Jordan (407)'791-4720 (South of Brevard County)
The product information described was provided by the
manufacturing companies involved in product development and
distribution.
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APPLICATORS GUIDE TO
COMBATiNG BRAZILIAN PEPPER
Introduced into Florida in the late 1800's as an ornamental tree, Brazilian Pepper, Schinus
terebmthifolms is rapidly invading Florida's unique plant and animal communities.
Thousands of acres of Florida's natural communities have been displaced by this invasive
fast-growing species native to Brazil. Once established this noxious species' ability to
chemically inhibit growth of understory plants, high seed production rate, and dense
grow'th habitat, make it a considerable threat to our sensitive plant and animal
communities.
The Brazilian Pepper Task Force says it's time to DO something about this critical issue
that affects us all. The following are ways to get out there and bust a pepper in your
backyard, community, or area of concern.
Control Methods:
Biological Control
These are natural control methods that exist in a plant's native habitat such
as environmental constraints,-competing species,-herbivores(insects), and
pathogens.
Manual Removal
Consists of physically removing trees and seedlings. A follow up control
method is ~ recommended due to ideal conditions for regrOwth or
further invasion by exotics.
Mechanical Removal
Involves the use of bulldozers or specialized equipment to remove ----
woody plants. A follow up control method is highly recommended due to
ideal conditions for regrowth or further invasion by exotics.
Physical Control
Some. types of vegetation can be stressed and possibly killed by altering
environmental factors, i.e. flooding, draining, and fire.
Herbicides
There are many types and forms of herbicides. Alwa, y~ consult the
herbicide labels for application methods and safety and environmental
precautions. Alway. j make sure the herbicide that you choose is right for
the type of application you need. Some types of commonly used
herbicides for the control and elimination of Brazilian Pepper are:
Cyanamid/Arsenal
DowElanco/Garlon 3A, Garlon 4, Spike 40P, Spike 8OW, Pathfinder II
Monsanto/Rodeo, Round-up
...................... Environm'en~al'Fac-tO'~-Th-~t Affect' Herbicide Application:
Some factors that you should take into consideration before and during herbicide
applications are:
Wind
Rainfall
Rainfall may wash away herbicides before they are adequately absorbed
into the plant or drought may cause a lack of absorption.
Speed and direction will affect application and possible affect non targeted
vegetation.
Temperature
Low temperature may slow down plant metabolism and herbicide uptake.
Water Chemistry
Water hardness and suspended solids may affect mixed herbicides. If
possible distilled water may be an alternative to using well water.
Herbicide Application Methods:
The following are types of herbicide application methods. All of them may not be
applicable with the type of herbicide used so please read all labels carefully before
any applications:
Basal Bark Application
Herbicide is applied directly on the bark around the circumference of each
tree or stem usually within a foot of the ground level.
Foliar .
Diluted herbicide is applied to the leaves of targeted vegetation by spray
application.
Frill/Girdle
Cuts into the cambium through the bark of the tree are made around the
circumference of the tree and herbicide is placed into the cuts.
o
Injection
Requires special injection equipment which may be available through the
local forester.
Stump Treatment
Trees are cut and removed then herbicide is applied to the exposed
cambium layer around the entire circumference of the tree stump.
Herbicide should be applied as quickly as possible after cutting the tree to
avoid hardening of the stump which will inhibit herbicide absorption.
Soil Application - -
Herbicides are applied directly to soil around targeted vegetation.
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Herbicide Application Methods From the Manufacturers:
Cyanamid
Arsenal Herbicide is used mostly for larger scale organizations.
It is available from a variety of distributors located throughout Florida.
DowElanco
DowElanco herbicides are available through a variety of distributors
located throughout Florida.
Basal Bark Application
l. Combine Garlon 4 Herbicide with diluent to produce a 10% solution.
2. Application should completely encircle the stem and produce an 8"-10"
wide band around the Brazilian Pepper stem.
*This application can be made year round and is ideal for treating
infestations within desirable species.
Foliar
1. Mix herbicide as follows:
Garlon 3A Herbicide-Prepare a 2% solution with water(include a
suffactant)
' Garlon 4 Herbicide -Prepare a 1% solution with water(include a
surfactant)
2. Spray Brazilian Pepper plants to insure complete coverage.
Soil Application
1. Apply Spike 40P at the following rates:
Stem Diameter .O. unces
1/4-2 inches 1/4 oz.
3-6 inches 1/2 oz.
7-12 inches 1 oz.
12+ inches 2 oz.
Spike 80W- Thoroughly mix 1 lb. of product, per gallon of water and apply
1 oz. of solution per 2"-4" stem diameter.
'~Do not apply Spike Herbicide or Garlon Herbicide to standing or flowing
water.
'~Spike Herbicide will kill vegetation where roots come into contact with
herbicide.
Monsanto
Purchase the Roundup herbicide formulation in which the label shows 41% active
ingredient not .96, 1 or 18%. The 41% variety is the commercial concentrate that
has enough active ingredient to kill Brazilian Pepper trees. Roundup is available
through a variety of distributors and retail outlets.
if the Brazilian Pepper is in an aquatic environment, that is the base of the tree is in water,
then in accordance with the label, Roundup can't be used. The aquatic equivalent of
Roundup is Rodeo. The instructions below are applicable to Rodeo as well as Roundup.
Control of-Brazilian Pepper in an aquatic environment may also require a permit from the
Florida Del:tartment of Environmental Protection Bureau of Aquatic Plant Management.
Call (407) 275-4004 for information and assistance.
Stump
Foliar
Treatment
1. Cut the Brazilian Pepper down to the ground level using a saw or chain
saw.
2. Immediately apply Roundup to the cut surface of all the newly cut
stumps and stems. Do not wait more than 75 minutes after cutting to apply
Roundup since the exposed cut stumps will harden quickly in open air.
3. To apply Roundup use it full strength out of the container, do not
dilute. Application can be made best using a clean squirt bottle or lawn and
garden bottle sprayer available at any hardware store. Roundup needs no
shaking. Mix in the sprayer only what you think you will need for that
application.
*Remove branches of Brazilian Pepper in accordance with local county and
city disposal laws.
*Timing: Roundup will work all year long bufthe best results will be
achieved if applied in the summer, fall, or winter.
This method can work for small trees' under five feet u~ing a bottle sprayer
and mixing 6oz. of Roundup per gallon of water and agitating the tank.
Spray to wet 95% of the leaves of the standing Brazilian Pepper tree. This
will involve penetrating'the canopy of the tree in order to spray all the
leaves with total coverage.
General Information:
Brazilian Pepper is related to poisonwood, poison oak, poison ivy, and mango.
Some people may be allergic to the plant's turpentine-scented sap. If you are
allergic to any of the plants listed above you may want to take extra precautions
when handling Brazilian Pepper.
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Some herbicides and equipment are also available through the Forestry Suppliers,
Inc. catalogue, 1-800-647-5368.
Follow manufacturers guidelines closely for herbicide application methods.
For best results apply herbicides from the middle of summer to the middle of
winter. Avoid working with plants when berries are present to minimize spreading
of the seed stock.
Follow-up treatments may be needed for plants that may not have been completely
controlled with the first application of herbicides.
Marker dyes are a good way of tracking herbicide application to avoid desired
vegetation.
Further Information:
For further information on any of the products discussed please contact the following:
American Cyanamid Company
6707 N.W. 90th Street
Gainsville, FL 32606
(904)371-4583
Alan J. "Bo" Burns
Vegetation Specialist
DowElanco
749 Powder Horn Row
Lakeland, FL 33809
(813)853-2971
Tom Wharton
Vegetation Management Specialist
Monsanto
2862 Lake Tohopekaliga Blvd.
Kissimmee, FL 34746
(407)870-8909
John Mahagan
Field Sales Representative
· o ow a's avm vo .
cous v s zi iXs
~t-~o~ng sPefies native to Br~l.' On~'"~stablish~,' ~S ~o~ous sp~ies' abili~ to
~u~u~ed ifit0.Fl0fida in ~e lat~.~ SO0'~':~'~~ o~e~' tree, B~lim Peppy, Schinus
terq~inth~olius'is rapidly ~vad~g'~ofi~'S u~que plmt md ~ ~~fies.
~ousmd~ 9fi;res ofFlofida'smm~ cg'~u~ties have been displa~ by t~s.inv~ive
cheaply i~bit gro~h ofundersto~ plmts, ~gh seed production r~te,'md dele
go~h habitat, make it a considerable t~t to our sensitive plmt md ~m~
co~u~ties.
The Br~ Pepper T~k For~ rays it's time to DO some~g about ~s cfifi~ issue
that ~ us ~. The follo~g ~e ~Ys to get out them ~d. bu~ a pepper in?our
bac~d, :co~uni~, or ~ of concern.
~ :,~ ' ~'.~ :~'~'.' ::..~.:. c': L~iZ.. -~.'~' . . ~' ~,.'''.:~ . :,.;~,~' ~-:.,~ . ~,~', ~- ~ - ~ · ~, :,.
Monsanto ·
~" ~-~'~' P~rc~e the Ro~dUp he'icicle regulation ~ W~ch the l~el sh0Ws'41% a~ive
ingr~ient not .96, 1 or 18%. The 41% v~e~is the co~erci~ concentrate that
has enough active ingredient to ~11 Br~li~ Pepper tre~s. RouQdup is av~lable
througha ~ety of distfibfitOr~
~e ~"r~li~'P~pper is in ~ aquatic en~ro~enL tha~ is the b~e'of~e tree' is in water,
then in accordance ~th the label, Roundup c~'t be used. The aquatic equiv~ent of
Roundup in Rodeo. The instruction below ~e applicable to Rodeo as well as Roundup.
Control of Br~li~ Pepper in ~ aquatic en~ro~ent may ~so r~re a pe~t ~om th~-
Florida Dep~ment of En~ro~ent~ Prote~ion Bur~u of Aquatic PI~I M~agement,
C~I (407) 275-4004 for i~o~ation ~d assistance.
Stump Tr~tment
to the ground ch~n
1. Cut ~e Br~li~ Pepper dom level using a ~w or
2. i~ediately apply Roundup to the cut surface of~l the
newly
~ '~ '~ stumps ~d stems. Do not w~t more th~ 15 ~nut~ ~er ~ing to apply
Roundup since the exposed cut stumps MI1 h~den quic~y in open ~r.
apply Roundup use stren~h out of the cont~ner, do not
3.
To
it
~11
dilute. Application c~ be made best using a cle~ squi~ bottle of lawn and
g~den bo~le sprayer av~lable at ~y h~dw~e store. Roundup needs no
sha~ng. ~x in the sprayer o~y what you think you MI1 need for that
application.
~Remove branches of Br~li~ Pepper in accordance Mth lo~1 coun~ and
ci~ dispos~ laws.
Foliar
*Timing: Roundup will work all year ,long but the best results will be
achieved if applied in.the'summer, fail, or.'winter,-,.-
This method can work for small trees under five feet ;using a bottle spray~
' ' :'"'": '~': ~"~'and mixir~g 6oz. of, ROfinda~ per gallon of water and'agitating the tank ....
:::' :"'i i~ Spray t° wet 95% '~f the leaves of the standing Brazilian PepPer.trec. :Thi~
General Information:
B'razilianpepper is'related to poisonwood, poison oak, 'poison ivy;and mango.; .,"
some people may be allergic to the plant's turpentine,scented sap. Ii'you are '. :'.'
allergic to any of the plants listed above you may want to take extra precautions
when handling Brazilian Pepper.
Some herbicides and equipment are.also available thr,ough the Forestry Suppliers,
..... FolloTMniaiiufaCturers guidelines~16~sely fOr'herbiClde'~ii~Plicatioh~methods..
For best results apply he?bicides from the middle of summer to the middle of
winter. Avoid working with plants when berries are present to minimize Spreading
of the seed stock. ''
Follow-up treatments may be needed for plants that may not have been completely
controlled With the first application of herbicides. ·
Marker dyes are a good way of tracking herbicide application avoid desired
vegetation.
For further information on any of the products discussed pleaSe contact the following:
Monsanto
2862 Lake Tohopekaliga Blvd.
Kissimmee, FL 34746
(407)870-8909
John Mahagan ~. '
Field Sales Representative