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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) I I I I I I I I I I I I I I I I I I I I I I I I I 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. 3 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 I I I I I i I I I I i I I I I i I i I I I I I I i I I I I I I I I I 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. 5 i : I' I i I I i I I i I I I I I i i i I ~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 ' I i i I I I I I I i i i I I i I I I i I I I I I I i 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. 2 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 I' i I 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. 2 ' I I I I I I I I I i I I i I I I i i., I I I i I I I I I i I I I i I 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. 4 i I I I i I I I I I I I i I I I 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. i i i I i i I I I I I I i I I i i I I I i I I I I i i I I I I I I I I I 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. 8 I I I I i i 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 $10,320. The city Attorney noted that revisions included language that provides for the City's option to purchase parts. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 4-0 (Oberbeck absent) RESOLUTION NO. R-94-51 - Advisory Board Procedures (City Clerk Transmittal dated 10/6/94, R-94-51) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM PROCEDURES FOR APPOINTMENT; PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING FOR ALTERNATIVE MEMBERS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; ~- PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The city Attorney read Resolution No. R-94-51 by title only. 10 ~-I · I I i I I I I I I I I I I i I I i I Regular City Council Meeting October 12, 1994 Page Eleven 94°239 Mr. Freeland inquired about alternate members for Code Enforcement. MOTION by Corum/Freeland I move Council adopts Resolution No. R-94-51. Mrs. Damp disagreed with provisions of Section regarding appointment procedures. ROLL CALL: Mr. Oberbeck - absent Mayor ¥irtion - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye MOTION CARRIED 3-1 (Oberbeck absent, Damp nay) E.$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. ' I I i 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. 14 :-I I I I I I I I I I i I I i I I I I I I I i I I I I I I I I I I i I I I I 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. 16 i I I I I I I I I I I I I I i i I i : i I I I I I i I I I I I I I I I I I 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 :1 · I i i I I "1 I I I i I I I I i i i I i : I I I 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 7 .~1 I i I i I i I I I I I I I I I I I I 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 ;I I I I I i I I I I i I I I I I I I I 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$,Front Db1 Act Telescopic Wheel 5ea15 Front i Wheel Seals Rear; C.R. Scotseal 19 Brake Bquipment Air Comp, 13.2 CFM Bendix Tu-F10 550 I A~r Dryer, BendiX AD-9 Heated Moisture Ejectors Non-Htd Bendix Auto Sla¢~ Adjusters Front Auto Gunite 5.§ I 23 I I I 24 Standard Interior Trim Charcoal ~xterior Cab~quip~ent Cab Trim, Exterior - standard Grille Drl~ht & Black Anodized Aluminum Hood Forward Tlltln~ Front End Horn,Single ~lectric HornstDual Air Single Base Hitters Dual Weste~ Delbar Stainless R~$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 i ; I I i I I I I I I 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 :1 I I I i I I I I I I I I I I I I I I 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 ' i I I i I I i 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,. I I I i I i I I I I I I I I I I I I- I I I i i I I i I I I I I i 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. ' i 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 I I ,' , '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 :1 I I I I I i I I I i I I i I i I 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 I I' i I I I I I I I I I I I I I I I I 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. 3 I' I I I I I I i I I I I I I I I I I 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. 4 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 I I I I I I I I I I I I I I I I I I 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. , i I i I I I I I i I I I I I I I I I 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 I I i I I I I I I I I i I I I I 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 3 I ' I I I I I I I i i I I i I I I i I ~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. -I i I I 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. I &~ I i I I I I I i i I i I I I I I i 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. I I I I i I I I I i I i I I i I I I I I I i i i I I I i I I I I I I I 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. I I I I i i I I I I i I I i i I i 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. -I i i I I I I I i I I i i I I i I I i I I I I I I 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. .I I I I I I I I I i I I i I i I I I I I I I I I I I I i I i I i I I i I 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