HomeMy WebLinkAbout01221992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 22, 1992 - 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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Chet Tokar, Sebastian Christian
Church
4. ROLL CALL
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-89-59).
6. PUBLIC HEARING, FINAL 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 Note: 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.
91.043
ORDINANCE NO: 0-91-31 - Charter Amendmment -
Election Issues
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 4.06
OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS
AND POLLING PLACES; PROVIDING THAT ELECTION PRECINCTS
AND POLLING PLACES SHALL BE ESTABLISHED BY THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE CITY COUNCIL TO ESTABLISH
ELECTION PRECINCTS AND POLLING PLACES IN THE EVENT
THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY
FAILS TO PERFORM SUCH DUTIES; AMENDING SECTION 4.07
OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF
NECESSARY ARRANGEMENTS FOR HOLDING ALL CITY
ELECTIONS; PROVIDING THAT THE CITY COUNCIL SHALL MAKE
ALL THE NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN
CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTION;
AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING
TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING
THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING
BOARD iN THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT SUCH A
BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD;
PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL
FOR THE PURPOSES OF RECEIVING RESULTS OF THE CiTY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY
OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER
PERTAINING TO BALLOTS; PROVIDING THAT BALLOTS SHALL
CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE
GENERAL ELECTION LAW OF THE STATE OF FLORIDA;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 12/18/91, Advertised 12/24/91 lin Error],
1/8/92 Public Hearing cancelled, 1st Reading 1/8/92,
Advertised 1/10/92, Public Hearing and Adoption
1/22/92)
2
92.011
92.012
92.013
92.014
92.015
92.016
?. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Calling March 10, 1992 Election
(City Clerk Accepting)
Proclamation - American History Month (Betty Bock
Accepting)
8. PUBLIC INPUT ON AGENDA ITEMS
9.
CONSENT AGENDA - Ail items on the consent agenda are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
consent agenda items unless a member of City Council
so requests; in which event, the item will be removed
and acted upon separately.
A. Approval of Minutes - 1/8/92 Regular Meeting
B. Receive Code Enforcement Order 91-5643 (Bagby &
Vereen)
Sebastian River Shrine Club - Request Use of
Community Center - A/B - 12/11/92 -~6 p.m. to 10
p.m. - Christmas Party - Permittee John Zaricky -
DOB 1/7/22 - Security Deposit on Hold
(Application)
RESOLUTION NO. R-92-04 - Abandonment of Easement
(City En'gineer Memo dated 1/2/92, R-92-04,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
SOUTHWEST 5 FEET OF THE NORTHEAST 20 FEET OF THE
PUBLIC UTILITY AND DRAINAGE EASEMENT APPROXIMATELY 92
FEET LONG FROM SIDE LOT EASEMENT TO SIDE LOT EASEMENT
OF LOT 72, BLOCK 299, UNIT 11, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7/56J,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AND EFFECTIVE DATE.
Waive Bidding Procedure - Golf Course - Purchase
22 Tons - 16-4-8 Fertilizer w/IBDU - Vigoro
Industries of Ft. Pierce - $6,512 (Staff
Recommendation dated 1/8/92, GC Manager
Superintendent Memo dated 1/6/92)
3
92.017
92.018
92.019
91.035/
92.020
10.
92.007
12.
88.177/
92.021
Waive Bidding Procedure - Authorize Purchase of
AT & T Merlin Legend Telephone Systems and
Features for Police Station - $18,763.07 (Staff
Recommendation dated 1/13/92, AT & T Proposal &
Equipment Agreement)
Staff Seating at City Council Meetings - Move
City Clerk and Deputy City Clerk to Table on Dais
(City Manager Recommendation dated 1/14/92,
Page 7 - 4/25/90 Council Minutes)
Waive Bid Procedure - Approve Contract for
Airport Fuel Storage Tank Removal and Replacement
- Glasgow Equipment Service, Inc. - $35,554 -
Direct Staff to Increase J & S Aviation, Inc.
Monthly Rent Per Terms of Lease Addendum (Staff
Recommendation dated 1/15/92, Quote, Contract and
Contract Addendum)
Teens Against Boredom - Request Six Month Time
Extension to Utilize Old Library Building and
Share with Senior Citizens (Staff Recommendation
dated 1/15/92, Brandt Letter dated 1/14/92)
PRESENTATIONS
MAYOR'S MATTERS
Request March 10, 1992 Straw Ballot for Water &
Sewer amd Cable TV Issues (No Backup)
COUNCIL MATTERS
Vice Mayor Oberbeck
Councilman
RESOLUTION NO. R-92-07 - Repeal Resolution
No. R-88-77 - Keith & Schnars Study (City
Manager Recommendation dated 1/15/92,
R-92-07, R-88-77)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA REPEALING RESOLUTION NO. R-
88-77 WHICH CONCURRED WITH A TRAFFIC STUDY
CONDUCTED BY KEITH AND SCHNARS, PA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
4
13.
14.
15.
92.022
92.023
16.
91.181
91.329
92.024/
90.285
17.
92.011
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS~RECOMMENDATIONS
A. POLICE RETIREMENT BOARD OF TRUSTEES
Appoint Greg Gore and Larry Napier - Terms to
Expire 10/11/93 (City Manager Recommendation
dated 1/15/92, Gore Letter dated 1/10/92)
Confirm Appointments of Sgt. Gene Ewert and
Cpt. David Puscher as Members (See Backup
Above)
OLD BUSINESS
Approve National Small Business Tree Planting
Program Grant Agreement (Staff Recommendation
dated 1/9/92, DACS Letter dated 12/27/91, Grant
Agreement, City Manager Letter dated 11/5/91)
Feasibility Study Re: Point-O-Woods Subdivision
Disincorporation (Staff Recommendation dated
1/15/92/ 0-81-15A)
Sebastian Lakes Agreement Re: Laconia Street
Improvements (Staff Recommendation dated 1/16/92,
Davis Letter dated 12/13/91, Draft Agreement)
NEW BUSINESS
RESOLUTION NO. R-92-03 - Calling 3/10/92 General
Election (City Clerk Recommendation dated 1/7/92,
R-92-03)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING
PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF
ELECTING ONE (1) MAYOR AND ONE (1) CITY COUNCILMAN
FOR TERMS OF TWO (2) YEARS, FOR THE PURPOSE OF
PLACING CERTAIN REFERENDUM QUESTIONS ON THE BALLOT
INCLUDING A NON-BINDING (STRAW BALLOT) REFERENDUM;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
92.011
91.070/
92.025
92.026
92.010
City Clerk Request for Approval of Several Items
Re: 3/10/92 General Election (City Clerk
Recommendation dated 1/7/92)
Preservation of Option of City for Non-Ad Valorem
Assessment to Fund Stormwater Drainage Project -
Authorize Advertisement of Notice of Intent
Resolution No. R-92-06 for Public Hearing on
2/26/92 (Staff Recommendation dated 1/16/92,
Attorneys Letter dated 12/18/91 and 1/3/92,
Notice, Proposed Resolution, Hudkins Memo dated
1/9/92 and Letter dated 1/8/92, Consent Form)
Da
Appropriate $21,721 from Unencumbered General
Fund Balance - Approve Payment to Police
Officers' Retirement Fund for FY 90/91
Requirements (Staff Recommendation dated 1/16/92)
Ea
ORDINANCE NO. O-91-21 - Airport Zoning
Regulations (Staff Recommendation da~ed 1/16/92,
O-91-21
1ST READING - SET PUBLIC HEARINGS FOR 2/12/92 AND
2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL. OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/8/92)
91.338
ORDINANCE NO. O-92-01 - Childcare Facility
Outside Recreation Area Size Requirement (Staff
Recommendation dated 1/2/92, 0-91-21)
1ST READING - SET PUBLIC HEARINGS FOR 2/12/92 AND
2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING
TO CONDITIONAL USE CRITERIA FOR CHILD CARE
FACILITIES; AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE
LAND DEVELOPMENT CODE PERTAINING TO THE MINIMUM
FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
92.027
ORDINANCE NO. 0-92-02 - New Year's Day -
Alcoholic Beverage - Hours of Sale - (City Clerk
Recommendation dated 1/6/92)
1ST READING, SET PUBLIC HEARING 2/12/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE
HOURS OF SALE OF ALCOHOLIC BEVERAGES PERMITTED NEW
YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES HEREWITH; PROVDING FOR INCLUSION
IN THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
18.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which iS Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit Of Ten Minutes for Each Speaker)
92.028 A.
Bettina Boudrot, 1302 Indian River Drive -
Request Exchange of Property with City of
Sebastian (Boudrot Letter dated 1/8/92, Survey)
19. 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.)
7
~Et~EAE, Section 4.05 of the Charter of the City of Sebastian,
indian River County, Florida requires that all elections shall be
called by a ~noclsmation of the Ma~or; and
~tEREAS, the current terms Of' ~he Mayor and c~e Councilman are
scheduled ix) expire in March 1992; and
WHERE~, the City Gouncll, foll~wlrg public hearings at its
January 8, 1992 Regular Meeting, adopted Ordinance ..Nos. 0-91-29, and
0-91-30 and following a public hearing at its January 22, 1999.
Regular Meeting, adopted 0-91-31, all of which place certain
referendum questions on the March 10, 1992 ballot;
WHERE~S, th~ City ODuncil, at its January 8, 1992 Regular
Meeting, adopted Resolutic~ No. R-92-01, which places a non-bindirg
(straw ballot) referendum r~ardirg CR 512, ~% the March 10, 1991
ballot.
NOW, THEREFORE, I, Will C0nyers, by virtue of the authority
vested in me as Mayor of the City of Sebastian, Florida, do he'by
proclaim that a general election of the City of Sebastian for the two
offices, certain referendum questions and a nc~-blndin~ (straw
ballot) referendum re~ardirg (~ 512 will be held in the City of
Sebastian on the loth day of March, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Sebastian this 22rd day of January, 1992.
Kathryn M./O'Halloran, (]v~C/AAE
Clty Clerk
RECORD VERIFIED
JEFFREY K. BARTON
CODE ENFORCEMENT BOARD CLERK GiRCUIT COURT
CITY OF SEBASTIAN tNDIAN RIVE~ CO.. FLA
INDIAN RIVER COUNTY, FLORIDA
IN THE MA~TER OF.~ " . CAsE N0;:"~91~:5643 '
JOHN BAGBY& MARLIN VEREEN,
jointly & severally
643 Roseland Road
Sebastian, FL 32958
LEGAL DESCRIPTION: Lot 8, Block 124, SEBASTIAN HIGHLANDS
UNIT ~4. of Indian River County, Florida
CERTIFICATION OF FINE AND
ORDER IMPOSING PENALTIES AND LIENS
THIS MATTER originally came before the Board for public
hearing on September 18, 1991 after due Notice to Respondent, at
which time the Board heard testimony under oath and received
evidence. The Board issued findings of facts, conclusions of
law, Order of Enforcement which was reduced to writing and
furnished to Respondent. On September 18, 1991, this Board
based upon the evidence and testimony presented at the hearing,
found that there did in fact exist a violation of Chapter 12,
Section 12-31 of the Sebastian City Code.
It was thereby ORDERED that the Respondent pay to the City
of Sebastian, a fine in the amount of $1,200.00. This order can
be recorded and shall constitute a lien against the above
described.property pursuant to Section 162.09, Florida Statutes.
DONE AND~O~DERED t~is /~ day of ,~..~, 1991, NUNS
PRO TUNC, City of Sebastian, Indian River County, Florida.
CODE ENFORCEMENT BOARD OF THE CITY
OF SEBASTIAN, FLORIDA
I HEREBY CERTIFY that a true and correct copy of the above
and foregoing Order Imposing Penalty has been furnished by
mail/personal service to Respondent and/or Respondent's
authorized counsel, ,(~g,,,,--,,~,,~r~t , D~/~/~/~ ~/.~,Le,..-~--' ,
Sebastian, Florida, th'~ /f ~ ~agt'~f ~_a~,~4~ , 1991.
~er~'~ry ~ER~ KuBES
-~ L'l EVEN LULICH, P.A.
P. O. BOX 781390
5S[:%ASTIAN, FL 32978.-139
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUNITY CENTER ~ YACIIT CLUB 1~o
Name of Renter/,Organtzation £Sebastian River Shrine Club
Number of Persons constituting group or organization: 75
neques~ed oa~e ... Friday, Dec~ber il, ~992
Time of Day: From 8:00 pm
Please answer YES or NO:
1) Are kitchen facilities required7
2) Are you e resident of Sebastian?
3) 'Will decorations be pu't up?
4)
5)
To 10:00 om
No
Yes
No
Will there be an admission or door charge? No
Will alcoholic beverage~ be served?
(a) If answer to 95 is yes -
permittee's proof o£ age 69 (Florida Drivers License)
If alcohol is to be served, permission is required by the
City Council. Your request will be presented %o Council
on
Amount of Rental 7% Tax:
Security Deposit: $ on hand Total Rental:
Name of Permit%es! John C- Znricky; Jr.
Telephone No.!(.AO?) 589-2924 Date of ApplicatiOn(lC~_~L~_~_9_9/
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
TO BE FILLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on
6y Check
Rental Fee paid on
,by Check
(date) in %he amount of
or Cash
ini%ial
(date) in %he amount of
or Cash
initial
Alcoholic Beverage Request heard at %he Council Heating on
(date), Request APPROVED/DENIED,
Fee Waiver Request heard et the Council Meeting on
(date). Request APPROVED/DENIED,
Key Return Date
Key Pickup Date
Security Deposit returned by City Check
amount of on
Amount kept for damages (if applicable).
\ws-form\rentapp
in the
City of Sebastian
POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
January 2, 1992
TO:
FROM:
Kathryn M. O'Halloran
City Clerk ~
Daniel C. Eckis, P.~..~//
City Engineer/PublicM~fks Director
RE: Abandonment of a portion of a Drainage Easement along
rear property lines of Lot 72, Block 299 Unit 11.
I inspected the requested easement abandonment for the
Southwest six (6) feet of the rear twenty (20) foot easement
of Lot 72, Block 299, Sebastian, Florida in the rear yard for
a pool encroachment.
Therefore, as City Engineer, I have no objections to the
abandonment of a portion of the existing drainage and utility
easement.
RESOLUTION NO. R-92-4
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINI3ING
THE. EASEMENT OF THE SOUTHWEST 5 FEET OF THE NORTHEAST 20
FEET OF THE PUBLIC UTILITY AND DRAINAGE EASEMENT
APPROXIMATELY 92 FEET LONG FROM SIDE LOT EASEMENT TO SIDE
LOT EASEMENT OF LOT 72, BLOCK 299, UNIT 11, SEBASTIAN
HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
7/56J, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
iN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING
AND EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The southwest six feet of the northeast twenty foot public
utility and drainage easement approximately 92 feet long
from side lot easement to side lot easement of Lot 72, Block
299, Unit 11, Sebastian Highlands, according to the plat
thereof, recorded in PBI 7/56J, Public Records of Indian
River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this__day of , 1992.
Kathryn M. O'Halloran, CMC/AAE
( S E A L )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1992.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
2
APPLICATION FOR VACATION OF EASEMENT(S) '
(This request shall no be accepted unless completed in full) '.
TELEPHONE NO. dSE-~vo~ TYPE OF ENTITY:* (,~
*individual, corporation, etc. - if corporation apply corporate.:[
seal below .......
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
(Attach descripti/on on attac~ent if necessary) ~ '
DESCRIPTIVE LOCATION OF EASEMENT TO BE ~DONED: .: ....
(This item to be filled.in by Buildi~ Off~cial). '.
APPROXIMAT~ SIZE OF EASEMENT: ~ fe~t in length ~ ~ in width
PURPOSE FOR REQUEST TO VACATE: C~.,~w-~;- / ~,~,.,}
(Explain in detail your need to release this easement.)
· which the' easement I' request to vacate exists, or I am;authorized.i'!;!}%~;~..;%%;-:L ....
to present this request to vacate by the owner of the real
prop~ty.' n ~ ..
Please Print Name H~re " '~: ~"
Attach hereto' the following: .
(~ 1. Map, plat, sudsy, or clear drawing at least 8 1/2" x 11,
~ showing the parcel of land. on which the easement exists, ~ ~..f. '-.
Qith parcel(s) of land adjacent to the easement requested . .
to be vacated. SHOW THE EASEMENT CLEARLY ON D~WING.
( ) 2. Complete legal description of the parcel of land on which'
(N/A) the easement exists if the full description cannot be
placed on the lines provided· above for the description.
( ) 3. Written authorization of the owner of the parcel of land
(N/A) on which the easement exists if the applicant .is not the'..--'~,~'?!c~'-~'' .
owner.
( ) 4. IF IT IS NECESSARY T0 GR~T BACK ANOTHER EASEMENT TO . .
(N/A) REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT~-
( ) 5. Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to .the ~' :..-~
( ) 6.
Date~e~.~_~{~emffic. of the City Clerk
file: ~ban. a~-
SKETCH OF SURVEY WALTER i_ MOYER
17~ cA~v~'s~. S.E. ts
F~. LI~ HOMES. OF SEBASTIAN, INC.,FIRST F~ORIDA BANK, PALM BAY, FLORIDA 32908
: N.A. & CHICAGO TITLE INSURANCE CO., INC.
.Peacrlpl~nn '
LOT 72,'BLOCK 299. SEBASTIAN HIGHLANDS UNiT ELEVEN AS
RECORDED IN PIAT ~90K' 7,-PAGE 56 PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA.
SECTION 19; TOWNSHIP 3,1, RANGE 38FAST.
SURVEYOR'8 NOTES
LOT 7:
BLK 299
DP~iN FIELD
I HERESY CERTIFY that this SKETCH OF SURVEY le correct ~ the
beet ~ my knowledge end belief a~ au~eyed undeP.m~ dl~eetlo~ and
.mee~,.mlnlmum ta~hnlcel ~nda~a
~u~eyoYs pumuan~ ~ Section 47~2.7
WALTER L MEYER /'
~EGIBTERED .~ND SURVEYOR NO,
STATE OF FLORIDA
Scala 1" -- ~') '
Date
Revised
E, LK 2:39
2-21B'~ BND¢~ D~.v
3-7-89 P_..R~i
4, C~89 CON~L FND
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Waiver of Bidding
Procedure for
Fertilizer Purchase
Approved For Submittal By:
City Manager __~ L
) AgendaNo.
Dept. Origin Finance (LWN)
Date Submitted 01-08-g2
For Agenda of 01-2~-9~
Exhibits: Memo from
EXPENDITURE AMOUNT
REQUIRED: $ 6,512.00 BUDGETED: $ 30,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Golf Course Superintendent requests a waiver of the bidding procedure on the
purchase of twenty two (22) tons of 16-4-8 fertilizer containing four (4) units
of I.B.D.U. Par-Ex Professional Products is the only company licensed to market
I.B.D.U. in the United States. The area distributor is Vigoro Industries of Ft.
Pierce and the cost of twenty two (22) tons of fertilizer is $6,512.00 delivered.
Pursuant to city code section 2-64 (j), "The city council may waive the bidding
procedure as bids shall not be required for items that are available as a matter
of commercial reasonableness from one source only." Adequate funds are budgeted
and available.
RECOMMENDED ACTION
Move to grant a waiver of bidding procedure and authorize the purchase of twenty
two (22) tons of 16-4-8 fertilizer with I.B.D.U. from Vigoro Industries of Ft.
Pierce in the amount of $6,512.00.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
JANUARY 6,1991
TO: ROBB MCCLARY CITY MANAGER
FROM: CHRIS MCCARTHY G.C.S. 'C~w%
VIA: JIM DELARME G.C.P.~.~
RE: WAIVER OF BID PROCEDURE FOR FERTILIZER
I would like to waive the bid procedure for
the purchase of 22 tons of fertilizer. This will
be a 16-4-8 mix with 4 units of I.B.D.U. As doc-
umented in previous fertilizer purchases, Par Ex
Professional Products is the only company licensed
to market I.B.D.U~ fertilizer in the U.S. The
total cost for this purchase will be $6,512.00.If
you have any questions concerning this, please
feel free to contact me.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Police Dept. Telephone Equipment
Approved for Submittal By:
City Manager /~1~,.~.~
) Agenda No.
)
) Dept. Origin
)
) Date Submitted:
)
) For Agenda Of
)
) Exhibits:
)
)
Finance (MLH)
01/13/92
01/22/92
AT &T proposal and
Equipment Agreement
Expenditure Amount Appropriation
Required: $18,763.07 Budgeted: $790,000 Required:
SUMMARY .STATEMENT
AT&T has served the needs of the City of Sebastian for many years and has provided
exemplary emergency and continuing maintenance and service. Please note that
AT&T has replaced existing systems, both new and absolete, with completely new
equipment in both City Hall and the Police Department when damaged by lightning.
Although there are many providers of communications equipment, AT&T stands
uniquely alone in continuing and emergency maintenance evidenced by the timely and
professional manner AT&T has served the City during crises. This experience supports
"good cause" to negotiate continuing service with AT&T.
The minimum number of phone sets necessary is 25 and the automated attendant
feature will reduce the routine demands on the communications specialists who have
other diverse duties. A buy-out of the existing AT&T Merlin II phone system is
available at a price of $8,800, but additional costs will be required as follows: 8,
single-line phone sets - total $457, an expansion slot and card for eight added phones -
$2,013, installation charges - $1,275, cost of electronics, etc. for automated attendant -
$2,980, and because the phones are not new, a one year maintenance agreement of
$2,976 for a grand total of ~ The current state-of-the-art phone equipment
available is the AT&T Merlin Legend system. Enclosed is a copy of the AT&T
Equipment Agreement proposing the Merlin Legend system with all the above features
and many added features including the ability to add City Hall to the system at a later
date. The proposal totals $18,763.07 for the new technology as opposed to $18,501 to
buy out and expand the equipment we currently have under lease. Staff suggests the
additional $262 is well worth the added features, new technology, and expandability.
Pursuant to City Code Section 2-61 (j), "The City Council may waive or modify the
bidding 'procedure on specific contracts for good cause".
RECOMMENDATION
Grant a waiver of bidding procedure and authorize the purchase of the AT&T Merlin
Legend telephone systems and features as specified above.
Equipment Agreement
r:GUIp, Agreement NO
:ustomer Name ..... American Tole phone and Telegraph Company SBPD'3-
5tiling A~dree; Contac~ TransaCtiOn Description
.... . P~CHAS[
~ity ' Slate Zip TeleDYne No,
505~}-614~ AND P0~ W~A~ffY MA.I~ENA~,
GustOmer Idomlflcmion Number ::: Bta~ch CoOe ' ~c~odu~ Instal.lDeliv, Date
Trisection
,, , (See Lege~ Below) Pumhese
Description PriceEleme~Cooe Qty ~.~,= .,~ I,,, ; ~ ,,~, License Fee Charges ~ Charge Charge
EEUSEO WIRING 2782~R 36 W t PUR G J 5~.0C 1152.00
LEGEND r.t~-20 I/ ~156-0~ I w I PL~ G O 427.3~ 30.00 ---
7102 5~ W S~R 3188-~WS 20 W P~ ~ D tM1.6( 240,00 -~ 2l.~0
MERLIN DELVE C 61222 I ~ ~ P~ O O 101.7~ ?l.O0 *-- 2,29
LEGEND A~ E~AN 612%ATT ) .W ~ P~ G O 23~. ~, 624.0O --- 52.70
RI~ GENEE~ ~ 61388 2 W A P~ G D 807.~ 4)~60
MUSIC COOLER 61)98 I ~ A P~ G D 35.6~ 21.E0 ---
LEGEND C~ ROL 61~0-CUL I w A P~ G D 1498,~ ~40.00 --- 35.98
~00 9S/LS MODUL 61484 2 vl ~ P~ G O 1926.45 60. 00 --- 8.72
~SE FINANCING NOTICE: ~irO-p~ ~ase~n~cing of Pr~uc~ 10098, 19 2722, 40 --- 117.75
a~ui~ undm ~ia Agr~m~t may r~uire Cu~m~ to ~sfer Subtotals This Page ~ ....
Cust~er's o~h~p of P~ums ~ t~ I~so~ ~d Cus~et (~e
lessee) may only ha~ lhe nght to fepuro~se t~ ~u~ at ~e end of SUbtO~ From 56~0. I 0 200. ~ ---
t~ Ieee te~, e.g,, k~ the pt~uCt'S ~r manet ~lue, AllaYed Page(s)
~mte~iofl Plan (SPP) Subtotals 157~. 2; 29~. 40~ --- 212.56
Advance-Payment
Schedule For P~duet'4
Sniping Charge
~ Monthly Payment Plan ,
~ecutlon
~11~ ~h~w~ ~ ~PP Charge : Se~J~ Charge ......
~ -'- Date
Plus ~ Prepayment Plan j ~ ~a~es ............
By Install,/ _.. Prepayment
$
Dally.
Date
Grand TotalS Not / l~l~, 25 29?4.78 ~
ADDITiONALREMARKS/CONTRACTuALPROVIS1ONSr DOSS ORDER NbI~,BER ~' : 0106~ge 1 of 2
CUSTOMER'S SIGNATURE ACKNOWLEDGEt~ THAT CUSTOMER HAS RF_AD AND UNDERSTANDS EACH OF 13-1E TERMS AND CONDITIONS ON
FRONT AND REVERSE SIDE OF THIS AGREEMENT, INCLUDING THE UMITED WARRANTY, WARRAN'rY DISCLJ~IMERS AND LIMITATION OF LIAP~It tl'Y.
THESE TERMS AND CONDITIONS WILL ~LSO APPLY 3'0 ANY SUBSEQUENT ORDERS, ORAL OR WRITTEN, ACCEPTED BY AT&T. CUSTOMER'S
SIGNATURE ALSO AI.rI'HORIZES AT&T TO REQUEST CREDIT INFORMATION FROM ANY CREDIT REPORTING AGENCY OR SOURCE. ACCEPTAHCE BY
AT&T IS SUBJECT TO CREDrr APPROVAL ._
Customer American Telephone and Telegraph Company
By: Accepted by:
(Authorized Customer Representallve's Signature) (Dare} (Authorized Signature)
O'ypecl Or Printed Name} (3~ped or Pd, nted Name)
(Title) (Date}
100 Wo CYPR~:S$ L.,¢;EK RD
(Produce Locaho~ Address) (AT&T Adclress) .,
FT. LALD~RDAL£ FL
[City) (Stale) tZip) (Cily)
L£~llt NID: Term Lenglh*/ In Wa, rrmnt r,q.tw~
1991 AT&T. NI Rights Reserved.
Original
= AT&T
A O,T,ot,,[=-l;l ipment Agreement
Customer Name Equip. Agreemen! NO.
Billing Adaress ContaCt Transaction Description
City ~ State '" Zip ' Telephone No',' .....
Customer' I"~fifieatlon Number Stanch Cools SchedUled Inaial./Dehv. Date
GBSOD.~ JJ
Tri~nSaetion Details
-- [San LegenO Below} Purchase
r,,~ ,~.,,, ~"~: PflCelSPP Term Plan/
Product/Service ~,~,~ w~e.ty ~,a,.¢.,, ,.~.,~. aai,t PaymenV Installation Monthly
Description Price Element Code Oty sm~r ~.,n~,~ ~n* ~* ~.t I License Fee Charges Charge Charge
008 t. ILX ?~ODULE 61486 I w .~ PLR ~ D ¢~45.~g 50.00 --- ~.4~
012 GASIC TEL f: 614~7 4 W P~ G D 41~.]2 I~.00 --- 67.20
L~SE FIN~CING NOTICE: ~li~d-~y lease~gol Products 56~. lC 200.00 ---
a~u~ ~det I~$ ~re~t m~ r~ulre Cust~r ~ ~sfer ~u~to~ls This Page
Customm'S ~ne~hlp of P~s ~ ~ ~ss~ and ~st~ar (~e ....
lasso) may ~ly ~ve the dg~ to re~rch~e the D~u~ at ~e ~d of S~btotals From
the lease te~. e.g.. ~r the ~odu~'S I~t ~ value. A~he~ Page(s) .......
A~vane~Payment Semite Proration Ple~ ($PP) Sub~olals
~tat~ In Years
Shi~pi~
y Contract .........
xecutlon ~ Mon~ly Payment
Plus ~ Prep~ent Plan ~er Charges
8y Ins~ll.I Prepayment " : ....
$ .... Dally. Date ~nt Due Credits ( ~ ( ) ( )
~ ~ In.ice
Gr~d Totals Net
ADOITIONALREMARKS/CONTRACTUALPROVISlONS: D0$~ ORDER Nb'F~ t t 010601604 Page 2 of 2
CUSTOMER'S SIGNATURE ACKNOWLEDGES 1'1tAT CUSTOMER HAS RE~D AND UNDERSTANDS EACH OF THE TERMS AND CONDITION5 ON THE
FRONT AND REVERSE SIDE OF THIS AGREEMENT. INCLUDING THE LIMITED WARRANTY WARR&NT'~ DISCLAIMERS AND LIMITATION OF LIABILITY.
THESE TERMS AND CONDIT ON$ WILL ALSO APPLY 1'O ANY SUBSEQUENT ORDERS, ORAL OR WRITTEN, ACCEPTED ny AT&T. CUSTOMER'S
SIGNATURE AI.~O AUTHORIZES AT&T TO REQUEST CREDIT INFORMATION FROM ANY CREDIT REPORTING AOPNCY OR SOURCE. ACCEPTANCE BY
AT&T iS SUBJECT TO CREDIT APPROVAL, .................
Customer American Talephorie and Telegraph Company
Byt SEE FIRST PAGE Accepted by: SEE FIRST PAGE
(A~thorizs~ Customer Representative's Signature) (Date) (Authorizeo Signature)
{l'ypecl of PHnted Nan, s) ('Typed Or Printed Name)
(Title) (Date)
(Product Lo~;alioc'r A~:Jtess) (AT&T Address)
(City) (State) (Zip) (City) (~tate) (Zip)
1~1 AT&T. All Rights Reserved.
Original
~ ', ~-7E¢ l? ~ 04:2~ AT~T FAX
MERLIN Attendant
"-~' Image Of Success
If you dreml~ of havt~g a full-dine
receptiOnist to answer your business
phone.., but find it hard to justi
the cost, your dream Can now
come true.
AT&T is pleased to introduce (he
poised, professional, and always
hard-working MERLIN Attendant--
an automated call answering
"attendant" that directs incoming
calls to any desired extension on
your MERLIN LEGEND, MFRLIN Il
find MERLIN Plus Communications
Systems.
MERLIN Attendant answers incomL
ing calls with your Own personal
greeting and instructs calle~; to dial
the employee or department they
wish to reach. Pot example, your
recorded message could greet callers
like this--
"Hello! Thank you/or calling
(~Ompany name). For sales,
dial l. For customer serz,ice,
dial 2. If you know the party
e~tenxion, dial it nou~ If you
need assistance, dial O. "
If the extension is busy or doesn't
answer, the caller can try another
extension or transfer to your
tionist. Callers with rotary-dial
phones are transferred to your
receptionist automatlcall~:
Flow You Can Use The
"Perj'ect" Attm~dant
Complementing the advanced fea-
tures · of your MERLIN System, the
MERLIN Attendant off, rs you addi-
tional business applications--
Handle All Incoming Calls
The MERLIN Attendant can bc set to
answer all incoming calls on all
lines, at all times~ This can greatly
reduce the time spent handling calls
and free your employees for other
work. It can also save you the cost
of hiring someone just to answer
and direct incoming calls.
Handle Certain Incoming Calls
You may want certain lines to go
througll the MERLIN Attendant, and
other lines to go directly tO a recep-
tionist Or bc private, loc example.
the MERLIN Attcndam would let
employees and suppliers dial the
extension they want, while soil~e
customers would I:x: handled by the
.receptionist and otl~ers allowed to
call you directly on the private line.
Handle Overflow Calls
When you want as many calls as
possible to be handled by your
receptionist, the MERLIN Attendant
can he set to handle only the over-
flow calls--that is, it would answer
calls only when the receptionist is
very busy. Convct~ientl%. you don't
have to adjust anything. Thc MI!RLIN
Attendant would just bc set to
answer calls on the 3rd Or 4th ring.
Ntgbt Serf,ice
The MERLIN Attendant can also
have a different message at nigl~t.
For example, your night service
message coulcJ first announce youc
regular business hours, and then
direct the caller to dial the number
where you can bc reached. In addi-
tion, the MERLIN Attendant gives
employees a way to get calls after
the receptionist has left for the day
The MgRLIN Attendant
Also Takes ~lessage$
By Mmply attaching optional
answering machines to ),our MERLIN
Attendant, your b,~sines.~ can gain
these additional benefits--
ii fewer missed calls
~ increased sales
= reduced "telephone tag"
· ' improved employee productivity
ii more accurate messages
ii around-the.clock availability
MERLIN Attendant~
The Right Cbolce For
Your Business
AT&T sets the standard for network
quality and reliability.., you can
exr~ct the same from our commu-
nications equipment. To learn
more, just call the AT&T Account
Executive ~rving your area at
1-800-247-7000. Make your chotce.._
the right choice_
· .... , right choice.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= Staff Seating at City )
Council Meetings )
Approved For Submittal By=
City Manager
Dept. of Origin: City Manager
Date Submitted: 01/14/92
For Agen4a Of: 01/22/92
Exhibits:
- 4/25/90 Council Minutes (page7)
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEMENT
On April 25, 1990, the City Council adopted a motion to seat the
city Manager, city Attorney, city Clerk and Deputy Clerk on the
floor. Previously, these four (4) staff members sat at the
Council table on the dais. This seating arrangement was to be on
a trial basis. Staff has reviewed the seating arrangement and
concludes that it has not worked well. When seated at their
table, the City Clerk and Deputy City Clerk have their backs to
the door. This is uncomfortable since they can easily be
distracted by people coming in and out of the main entrance to
the City Council Chambers. Further, it is difficult for the
clerks to see and hear what is going on at the city Council table
and to monitor the controls for the PA and recording systems.
When seated at the dais, the City Clerk and Deputy city Clerk
would be close enough to the PA and recording systems to adjust
them when necessary, would not be distracted by individuals
entering and leaving the City Council Chambers and it would be
easier for them to see and hear City Council deliberations.
Although I have had difficulty in being recognized when I want to
speak, I am otherwise satisfied with the City Attorney and me
being seated on the floor.
RECOMMENDED ACTION
Move to allow the City Clerk and Deputy City Clerk to be seated
at the east end of the City Council table on the dais.
Regular City Council Meeting
April 25, 1990
Page Seven
90.121
Mayor Conyers proposed that the City Manager, City
Attorney, City Clerk and Deputy Clerk be seated at a
table on the floor directly across from staff and the
press be at a table on the floor in front of City
Council.
MOTION by Oberbeck/Powell
I move we try the seating arrangement.
ROLL CALL: Vice Mayor Oberbeck -'aye
Councilman Powell - aye
Councilman Rondeau - nay
~ayor Conyers - aye
Councilman McCollum - nay
MOTION CARRIED 3-2 (Rondeau, McCollum - nay)
Mayor Conyers said this Would be on a trial basis.
15.
The City Manager said purchase orders had been signed
for renovation of the council table and Storage
cabinet for the Sound and recording system. Mayor
Conyers said to proceed with the renovations.
C~OUNCIL MATTERS
A. Vic___~eM~yor Oberbeck
Vice Mayor Oberbeck questioned the proposed Golf
Course'restaurant lease, list of law firms to
represent the city on a contingency basis regarding
Cutler, and a checklist of items regarding dismissal
of the Assistant City Manager position. Vice Mayor
Oberbeck was advised by staff that all matters were
in the works.
B. Councilman McCollum
Councilman McCollum reported on the April 24, 1990
Economic Development Council meeting and requested
that staff look into attracting industry to the
airport and set out rules governing airport leases.
C. Councilman Powell
Councilman Powell requested a progress report on
Barber Street Sports Complex. The City Manager gave
him an update.
7
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Airport fuel storage tank
replacement
Approved for Submittal By:
City Manager ~
) Agenda No.
)
) Dept. Origin
)
) Date Submitted:
)
) For Agenda Of
)
) Exhibits:
)
)
Finance (MLH)
01/15/92
01/22/92
Quotation, Contract
amd contract addendum
Expenditure Amount Appropriation
Required: $35,554 Budgeted: -0- Required: $35,554
SUMMARY STATEMENT
Per terms of an addendum to the Lease by and between the City of Sebastian and J&S
Aviation, Inc. approved by Council December 18, 1991, the City agreed to remove and
replace the underground fuel storage tanks to comply with applicable laws and
regulations. J&S agreed to an addition in monthly rentals per formula as defined in the
lease to defray these costs.
Although no amounts were budgeted for this expenditure, the airport enterprise fund
has sufficient funds to cover these costs without impairing operating capital
requirements. The base cost of the removal and replacement is $33,275. Staff
recommends addition of the two alternate quotes, 1) upgrade the pump $1,545 and 2)
install necessary housing and filters $734. The contractor's services are sufficiently
unique to consider them "sole source", which constitutes "good cause" to permit waiver
of bidding procedure.
RECOMMENDED ACTION
Appropriate $35,554 from airport reserve funds, Grant waiver of bid procedure and
approve contract with Glasgow Equipment Service, Inc. in the amount of $35,554 for
removal and replacement of fuel storage tanks, upgraded pump, and fuel filters, and to
direct staff to increase the monthly rent to J&S Aviation, Inc. per terms of the lease
addendum.
QUOTATION & CONTRACT
for installation or Service
GLASGOW EQUIPMENT SERVICE INC.
1750 Hill Avenue . Mangonia Park
P.O. Box 805;' . West Palm Beach, Fla.33407
Phone: (407) 842-7230 FAX (407) 842-7402
QUOTATION NO. 5 LI 0 6 - }3
DATE 1/ltt/92
PAGF ~ OF ? ..
CITY OF SEBASTIAN
1225 MAJN STREET
P.O. BOX 780127
SEBASTIAN, FL. 32958
SUBJECT: FUEL SYSTEM
REPLACEMENT
DEAR MR. tIUDKINS,
UE ARE PLEASED TO SUBMIT Tile FOLLOWING QUOTATION FOR YOUR REVIEW.
FURNISH ALL LABOR, EQUIPMENT AND MATERIAL TO REMOVE AND DISPOSE
OF 2-2000 AND 2~3000 GALLON UNDERGROUND FUEL STORAGE TANKS AND
RELATED PIPING.
PROVIDE O-V.A. (ORGANIC VAPOR ANALYSIS) TESTING ON THE SOILS
SURROUNDING THE TANKS AFTER EXCAVATION. ANY SOILS IB EXCESS OF 5
PPM WILL BE REMOVED AND STOCKPILED ON AND COVERED WITH VISQUEEN,
WITH A BERM TO PREVENT RAINWATER MIGRATION,AT AN ADDITIONAL COST.
CONDUCT WATER TESTS FOR TIlE PRESENCE OF GASOLINE CONTAMINATION.
TIIESE AND O.V.A, TEST RESULTS ARE TO BE REPORTED TO I. R., COUNTY.
BACKFILL THE EXCAVATIONS WITIt CLEAN SAND AND COMPACT TO GRADE.
FURNISH ALL LABOR, EQUIPMENT AND MATERIAL TO CONSTRUCT A 27'X 20'
X 3' IIIGH STEEL REINFORCED CONCRETE CONTAINMENT BASIN, FURNISH
AND INSTALL ~ITHIN THE BASIN ONE ~0,000 GALLON STEEL ABOVEGROUND
FUEL STORAGE TANK COMPLETE WIT}{ MOUNTING SADDLES. PAINT INTERIOR
OF BASIN WITH WATERPROOF EPOXY COATING. TOUCIt UP PRIMER PAINT ON
TANKS AND PAINT ~ITI'I FINISII ENAMEL.
FURNISH AND INSTALL AL[. TANK FITTINGS INCLUDING 3" FILL ASSEMBLY,
ATMOSPHERIC AND EMERGENCY VENTS AND TANK DRAINS.
FURNISH AND INSTALL A MOORMAN EYELEVEL TANK GAGE AND ANCHOR BASE
OF GAGE TO DIKE FLOOR. '
CONNECT TO EXISTING FUEL PUMP WITH DOUBLEWALL FIBERGLASS PIPING
FROM EDGE OF DIKE WALL. AN ALTERNATE IS PROVIDED BELOW.
FLUSH SYSTEM; PERFORM ALL REQUIRED TESTS AND INSPECTIONS.
BID PRICE: .............. $ 33,275.00
ALTERNATE 1: TO INSTALL A GILBARCO 625-1 SINGLE ItOSE COMMERCIAL
PUMP WITlt ELECTRIC RESET AND AUTOMATIC NOZZLE ADD $1595.00 TO
TIIE BID PRICE. '
ACCEPTANCE: This quotation, when accepted by the customer, and countersigned by the authorized representative of GLASGOW EQUIPMENT
SERVICE lNG., will constitute · bona fido contract between the parties, sub lect to all Items and conditions on the reverse side Jr Is expressly agreed that
there are no promises, sgreements, or understandings, oral or wrftten not spocffied in this quoleUon.
CUSTOMER
AUTHORIZED
SIGNATURE ....
NAME/4 TITLE
OF SIGNER
DATE
IF YOU ACCEPT THIB GUOTATION PLEASE SIGN AND RETURN BOTH WHITE COPIES TO GLASGOW; ONE Wll. I. BE RETURNED TO YOU
QLASQOW, AS YOUR COPY OF THE CONTRACT.
GLASGOW EQUIPMENT SERVICE INC.
AUT.O.,ZED ~.--~-'~ ,,~//. /
NAME & TITLE
A~R BIQNINQ BY
QUOTATION & CONTRACT
for Installation or Service
GLASGOW EQUIPMENT SERVICE INC.
1750 Hill Avenue - Mangonia Park
P.O. Box 8057 - West Palm Beach, Fla.33407
Phone: (407) 842-7236 FAX (407) 842-7402
QUOTATION No. 5140 6 - A
DATE 12/13/91
PAG; 2 ,~OF 2 .
CITY OF SEBSATIAN
1225 MAIN STREET
P.O. BOX 780127
SEBASTIAN, FL. 32958
SUBJECT: FUEL SYSTEM
REPLACEMENT
ALTERNATE 2: TO INSTALL FLUID-GARD IIOUSING AND FILTERS TO REMOVE
WATER AND PARTICULATE MATTER FROM AVIATION GASOLINE, ADD
TO THE BID PRICE. PRICING FOR A "GO-NO-GO- FUEL FILTRATION SYSTEM
IS ALSO AVAILABLE UPON REQUEST.
NOTES: DRAFTING, ENGINEERING AND PERMIT FEES ARE INCLUDED. WORK
SCIIEDULE TO BE DETERMINED AFTER PERMIT APPROVAL.
ANY REPAIRS TO THE EXISTING FUEL PUMP WOULD DE AT AN ADDED COST.
PUMPOUT OF LIQUID IN TANKS AT TIME OF REMOVAL WILL BE CHARGED AT
THE RATE OF $1.00 PER GALLON PLUS A $250.00 SERVICE CItARGE. NO
CLEANUP OF LIQUID tiYDROCARBONS OR CONTAMINATED SOIL IS INCLUDED.
NO LAB ANALYSIS, REMOVAL OR DISPOSAL OF SLUDGE FROM TANKS IS
INCLUDED, NOR IS WATER OR SOILS ANALYSIS OTHER THAN NOTED ABOVE.
'PAYMENT TERMS: NET 30 DAYS FROM INVOICE DATE.
TItANK YOU, MICHAEL, FOR TIIE OPPORTUNITY TO BE OF SERVICE. Tile
ADDENDUM IS SIGNED AND ATTACHED. PLEASE CALL IF YOU HAVE ANY
QUESTIONS OR COMMENTS.
SIN .
GLASGOW EQUIPMENT SERVICE, INC.
ACCEPTANCE: This quotation, when aCCepted by the customer, and countersigned by the authorlzecl representative of GLASGOW EQUIPMENT
$ ERVIC E INC,, will constitute a bona fide contract between the parties, subJect to all Items and conditions on the reverse side. It ie expressly agreed th at
there are no promises, agreements, or understandings, oral or written, not specified in this ClUOtaflort. '
CUSTOMER
AUTHORIZED
SIGNATURE
NAME & TITLE
OF SIGNER
DATE
IF YOU ACCEPT THIS OUOTATION PLEASE 8tON AND RETURN BOTH WHITE
GLASGOW, AS TOUR COPY OF THE CONTRACT.
GLAS. GOW EGUIPM, EN% 8ERy, tCE INC.
AUT.OR,ZEO /
NAME & TITLE ~ ~ ~ * ~ ' ' ~
COPIES TO GLASGOW; ONE WILL IE RETURNED TO YOU AnER SIGNING BY
QUOTATION AND CONTRACT
For Installation or Serv~
ADDENDUM
'FILe following language is added to the Contract:
"All services' provided by Glasgow, its employees, agents and subcontractors ~
comply with all applicable laws, rules and regulations imposed by federal, state and
local governing authorities. All materials supplied by Glasgow, including products and
parts not manufactured by Glasgow, shall equal or c,xceed all applicable specifications
and requirements imposed by f~eral, state and local governing authorities."
'Glasgow shall indemnify, defend and hold the City ha_cmless from and against any and
all clainu arising from any breach or default of any warranties contained herein or in
the performance of any obligation on Glasgow's part to be performed under the terms
of thc contract, or arising from any act or negligence of Glasgow, or any of its agents,
subcontractors or employees, and from and against any any all costs, attorneys' fees,
expenses and liabilities incurred in connection with such claim or any action or
proceeding brought thereon.'
Thc third from the last paragraph of the TERMS AND CONDITIONS beginning 'The
customer wili insure ..... "shall be deleted irt its entirety and changed to read:
"Glasgow will insure the building and work which is situated on the City's property
and provide proof to the City that Glasgow has secured the liability insurance naming
the City as additional insured, to contain limits of not less than $$00,000.00 for injury
or death of any one person, $1.0 million for injury or d~th for any one accident,
together with the greater of $250,000.00 or the fair market value for damaged
p~open?."
The Second to last paragraph of the TERMS AND CONDITIONS shatl be deleted in
its entirety, beginning "Any condition in the customer's form of contract which
conffict, s with Glasgow's conditions stated herein shaJ2 be void to the extent that it so
conflicts".
~LASGOW F_~UIPMF. NT SERVICE, INC.
tl~orized signature /
nam~ and title of signer
CITY OF SEBASTIAN, FLORmA
W.E. Conyers, Mayor
date
Attest: Katherine M.O'Halloran, City Clerk
Approved as to legal form and content:
Charles I. Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
TIME EXTENSION FOR TAB
ORGANIZATION TO UTILIZE THE
OLD LIBRARY
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 01/1.~L92 (BC~.~
For Agenda Of:
O1/22/92
Exhibits: Letter dated 1/14/92 from
Cindy Brandt
EXPENDITURE
REQUiRED~
AMOUNT
BUDGETED~
APPROPRIATION
REQUIRED:
'SUMMARY STATEMENT
The Teens Against Boredom is requesting a six month extension to their
lease of the old library located at the corner of Main Street and U.S. #1.
The TAB organization is also requesting permission from the City Council
to allow joint use of this facility with the senior citizens for a meeting
place.
The TAB organization is also requesting the following:
1. There are two existing shuffle board courts which they are requesting
to resurface and connect together with a concrete surface and to add two
basketball hoops on the eastside of this concrete area. This will give
them enough room to practice shooting but not actually play basketball on
a full or half court.
2. The TAB organization would request to utilize the area where Candycane
Park was located and erect a volleyball area. This would necessiate some
sand and the actual poles and anchors for the volleyball net.
3. The TAB organization is also requesting to erect a boundary fence on
the property.
Staff has no objection to the request for the time extension, joint use
of the facility with the senior citizens, the construction of a basketball
shooting area, and the use of a volleyball area but, staff would not
recommend the erection of a boundary fence on the property.
Page 2
Deborah Jenkins from the TAB organization will be present at the meeting
to answer any questions the City Council may have.
RECOMMENDED ACTION
Review the request from the TAB organization.
TEENS AGAINST BOREDOM
PO l~lOX 319 * Winter Beach FL 32971
(407') 589-7758
TEENS AGAINST BOREDOM
PO Box 319 · Winter Beach FL 32971
(407) 589-7758
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= Repeal Resolutlon
R-88-77 re= Kelth & Schnars
Study
Approved For Submittal By=
City Manager
ag.nda No.
Dept. of Origin= City Counc±l (Holyk)
Date Submitted= 01/15/92
For Agenda Of: 01/22/92
Exhibits=
- R-92-07 and R-88-77
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED=
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
At its Regular Meeting of January 8, 1992, Councilman Peter Holyk
requested an agenda item to effect the repeal of Resolution No.
R-88-77 regarding a traffic study prepared by Keith & $chnars,
P.A. and dated November, 1988. Resolution No. R-92-07 would
effect the repeal of Resolution No. R-88-77. Also, attached is a
copy of Resolution No. R-88-77.
RECOMMENDED ACTION
Review and consider Resolution No. R-92-07 repealing Resolution
No. R-88-77 which concurred with a traffic study conducted by
Keith & Schnars, P.A.
RESOLUTION NO. R-92-07
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA REPEALING RESOLUTION NO. R-
88-77 WHICH CONCURRED WITH A TRAFFIC STUDY
CONDUCTED BY KEITH AND SCHNARS, PA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
.CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, On January 25, 1989, the City Council adopted
Resolution NO. R-88-77; and
WHEREAS, Resolution No. R-88-77 expressed the conditional
concurrence of the City Council with traffic the study prepared
by Keith and Schnars, P.A. and dated November, 1988 (the
"Study" ); and
WHEREAS, The Study did not address or evaluate any
alternatives to the "twin pairs" concept for CR 512; and
WHEREAS, The only alternatives presented in the Study were
for access to CR 512 and;
WHEREAS, The "twin pairs" concept for CR 512 was
presented as a "given criteria" and was "incorporated in each
alternative access concept" and was a "done deal" before the
Study was submitted to the City Council; and
WHEREAS, Indian River County officials have incorrectly
viewed the City Council's adoption of Resolution No. R-88-77 as
an endorsement of the the "twin pairs" concept when, in fact,
said action was not an endorsement of the "twin pairs" concept;
and
WHEREAS, The only policy statement concerning the "twin
pairs" concept adopted by the City Council was on July 24, 1991
when the City Council adopted a motion "that this Council take a
position of "No" as far as the twin pairs within the City of
Sebastian in particular 512";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that;
SECTION 1. Resolution R-88-77 adopted by the City Council
on January 25, 1989, is hereby repealed in its entirety.
SECTION 2. CONFLICT. That all resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 3. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
. The motion was seconded by ,
and, upon being put to a vote, the vote was as follows:
Mayor W. E. Conyers
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Councilman Peter Holyk
The Mayor thereupon declared this Resolution duly
passed and adopted this
day of , 1992
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, Mayor
Attest:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Legal Sufficiency:
Charles Ian Nash
City Attorney
RESOLUTION NO. R-88-77
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA CONCURRING WITH THE CORRIDOR ANALYSIS
FOR COUNTY ROAD 512 AND THE THOROUGHFARE PLAN FOR THE
'CITY OF SEBASTIAN, FLORIDA AS PREPARED BY KEITH AND
SCHNARS, P.A. AND DATED NOVEMBER, 1988; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; ;~qD PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On September 12, 1984, the City Council of the
City of Sebastian adopted' Resolution No. R-84-30 supporting the
efforts of Indian River' County in preparing and adopting a
County-wide fair share transportation impact fee; and
WHEREAS, Indian River County has commissioned a study
prepared by the engineering firm of Keith and Schnars, P.A., of
Stuart, Florida, funded by impact fees collected in District 3 of
Indian River County, which includes the City of Sebastian; and
WHEREAS, The engineering study consists of a corridor
analysis for County Road 512 from 'County Road 510 to U. S
Highway #1 (SR 5); and '
WHEREAS, The Ketth and Schnars study also recommends a
th.oroughfare plan for the City of Sebastian; and
WHEREAS, The City Council of the City of S~bastlan held a
.public meeting on December 5,. 1988,: at which time the public had
an opportunity to present comments to the City Council and to
James Davis, Director of Public Works for Indian River County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. The City Council of the City of Sebastian,
hereby concurs-with the Kelth and Schnars study entitled "County
Road 612 indian River County" and dated November, 1988
provided: ' ' ,
A. The existing rail crossing over the Florida East Coast
Railroad located between CR 512 and Schumann Drive, known as the
"01d Dixie H. ighway Crossinq", be retained and that the study be
modified to~indicate that-t~e Vocelle extension from CR 512 to
U.S. 1 be ~onnected to 01d Dixie Highway on the west side of the
railroad.
B. The study be amended to include a thick vegetative type
screening to buffer noise and visual impact from the proposed
west bound lanes of CR 512 along the west right-of-way adjacent
to Orange Heights subdivision.
C. The Board Of County Commissioners for Indian River
County utilize funding sources for improvements to CR 512 which
are in addition to impact fees collected within District 3.
D. The Board of County Commissioners for Indian River
County include s right-of-way acquisition program as a part of
the Long Range Major Street and Highway Program for district
three.
SECTION ~. CONFLICT. That ~11 resolutions Or parts of
resolutions in conflict herewith are hereby repealed.
i
SECTION 3~ EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
. The foregoing Res~.ution was moved for adoption by.- '
~ V,~?~ ~r~ . The mot,on .aa s.conded by
Councilman ~j/~ and, upon being put to a vote,
the vote was ae follows:
Mayor Richard B. Votapka
Vice Mayor Kenneth Roth
Councilman Peter Vallone
Councilman Robert McCarthy
Councilman George Metcalf
The Mayor thereupon declared this Resolution duly passed and
adopted thi-~'~ day of ~4~]~&4 , 1089.
CITY ~F SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
Attest:
Kath~ M, O'Hal!oran, CMC/~E t
City.~erk
..(SE~)
ApProved' as ~ Form and Legal Sufficiency:
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 rn FAX (407) 589-5570
SUBJECT: Pollce Retirement
Board or Trustees
Approved For Submittal By:
city Manager ~
Dept. of Origin: Board of Trustees
Date Submitted:
For Agenda Of:
Exhibits:
01/15/92
01/22/92
- Gore Letter Dated 1/10/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Police Officers' Retirement Fund Board of Trustees consists
of five (5) members: two (2) members appointed by the City
Council for two (2) year terms, two (2) members elected by the
active police officers and confirmed by the City Council as a
ministerial act, and a fifth member selected by the other four
(4) members. The Board of Trustees has recommended the re-
appointment of all current members.
RECOMMENDED ACTION
Move to appoint Gregory J. Gore and Larry W. Napier to the Police
officers' Retirement Trust Fund Board of Trustees for a term to
expire October 11, 1993.
Move to confirm the appointment of Captain David Puscher and
Sergeant Gene Ewert as members of the Board of Trustees for the
Police Officers' Retirement Trust Fund. This confirmation is a
ministerial act as required by State statute.
SEBASIIANPOLtCE OFFICERS'
REI2REMENT TRUST FUND
POST OFFICE BOX 780127 · SEBASTIAN, FLORIDA 32978
TELEPHONE: CiTY HALL (407) 589-5330 · POLICE DEPARTMENT (407) 589-5233
FAX (407) 589-5~70
January 10, 1992
Robert S. McCleary
City Manager
City of Sebastian
Post Office Box 780127
Sebastian, FL 32978-0127
RE: Police Pension Board
Dear Mr. McCleary:
Please be advised that the Sebastian Police Officers Retirement
Trust Fund members recently met concerning re-appointment of the
members of the Board of Trustees for the Sebastian Police
Officers Retirement Trust Fund. Pursuant to my conversation with
you after our recent meeting this will confirm in writing that
all members have been suggested for re-appointment by the Board
of Trustees. If you require any additional information please
don't hesitate to contact me.
Very _truly yours,
Greg~~~
GJG/sh %J
cc Chief Earl Petty, Sebastian Police Dept.
Kathryn M. O'Halloran, City Clerk
"Serving Those Who Have Served Us."
City of Sebastian
POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
1991 NATIONAL SMALL BUSINESS TREE
PLANTING PROGRAM (FLORIDA) GRANT
Approved For Submittal, By:
City Manager /~ L
Agenda Number:
Dept. Origin: Community Development
(BC)~
Date Submitted: O1/09/92
For Agenda Of,
01/22/92
Exhibits,
1. 12/27/91 Letter, Department of
Agriculture & Consumer Services
2. Grant Agreement DACS # SBA 55
3. Letter from Robert S. McClary
to Florida Forestry, 11/5/91
EXPENDITURE
REQUIRED:
TBA
AMOUNT
BUDGETED:
$35,450 per schedule
APPROPRIATION
REQUIRED:
$35,450 per schedule
SUMMARY STATEMENT
The City of Sebastian staff presented to the Florida Division of Forestry,
Department of Agriculture and Consumer Services, in Tallahassee, an
application for the 1991 Small Business Tree Planting Program, requesting
funds ($20,000) for the purchase of approximately 200 trees for Lake
Hardee Park, and committing a $15,450 local match for maintenance over the
next three (3) years. The application was submitted to Florida Forestry
with the approval of City Council on July 5, 1991.
Subsequently, on October 23, 1991, the State notified the City of the
grant award in the amount requested. By certified mail on November 5,
1991, the City confirmed its acceptance of the SBA Grant Award, contingent
upon receipt from the State of the Small Business Tree Planting Program
Grant Agreement (Exhibit).
RECOMMENDED ACTION
City Council is requested to review and approve the Grant Agreement. The
City Attorney has reviewed the documents as to legal sufficiency, and
advises that they may be signed as directed by the State, should all
conditions be acceptable. Staff shall forward the completed documents to
the Division of Forestry, upon the direction of City Council.
BOB CRAWFORD
COMMISSIONER
7237
Mr. Dan Eckis'
City Engineer
City of Sebastian
P.O. Box 780127
Sebastian, Florida
Florida Department of
Agriculture fit Consumer Services
The C~pitol
Tallahassee
32399.0810
December 27, 1991
32978-0127
Pr~AS~ R~s~o~ To:.
Division of Forestry
3125 Conner Boulevard
Tallahassee, Florida
32399-1650
Dear Mr. Eekis:
Congratulations on being selected to receive a National Small Business
Tree Planting Program (SBA) Matching Grant for the 1991 Program Yearl
Attached are three original copies of the Small Business Tree Planting
Program Grant Agreement between the State of Florida Department of
Agriculture and Consumer Services and the City of Sebastian for Grant DACS
Number SBA 55. Do not fill in any of the dates, that part of the Agreement
will be completed upon execution by the Department. Please have all copies
signed by the authorized representative of your city and then return all
signed originals to:
Urban Forestry Coordinator (SBA)
Florida Division of Forestry
3125 Conner Boulevard
Tallahassee, F1 32399-1650
If the trees are to be planted on property other than your own (and you
have not already done so), please provide us with written authorization from
the owner of the property.
When all originals have been signed and returned to this office, you
will be sent: (1) a fully-executed original copy of the Grant Agreement,
and (2) a letter authorizing you to begin work on the SBA project.
Also included as a part of this package is the office of Management and
Budget Circular A-87, "Cost Principles For State and Local Governments."
You should use this as a basis for determining eligible grant expenditures
for federal cost-share programs. The U.S. Small Business Administration has
specified that the general planting and maintenance guidelines found in the
Forestry Handbook (2nd Edition) are to be the minimum acceptable standards
for this grant program. These guidelines have been summarized and updated
for the Florida SBA grant program. Enclosed you will find the minimum
planting standards for the Florida program.
/
//.
Mr. Dan Eckis
December 27, 1991
Page Two
Please remember that: (1) project costs incurred prior to the effective
date of the grant agreement are ineligible for reimbursement, (2) small
businesses are to be used to supply and plant the trees, and (3) maintenance
costs (including in-kind contributions) must be documented and submitted on
an annual basis for the entire three year maintenance period. The three
year maintenance period begins on the date of certification of acceptance by
the Department.
I am looking forward to hearing of your progress as your SBA project
materializes. Please contact Urban Forestry Coordinator Joann Phillips at
904/488-6358, if you have any questions.
Sincerely,
BOB ~RAWFORD
D. R. C~rtis, Acting Director
Division of Forestry
904/488-7259
Attachments
cc: Paul Palmiotto, District Manager, 0keechobee
SMALL BUSINESS TREE PLANTING PROGRAM
GRANT AGREEMENT
This.agreement, made and entered into this the day of
, 1991 by and between the STATE OF FLORIDA DEPARTMENT
OF AGRICULTURE AND CONSUMER SERVICES, a component agency of the State of
Florida, hereinafter called the "Department" and City of Sebastian
, hereinaf,ter called the Grantee.
WI TNE S SETH
WHEREAS., the Department desires to increase tree planting on public
lands within the State of Florida by granting funds to the Grantee for the
purpose of planting trees as outlined in grant application NumberSBA-55 ,
included herein as Exhibit A and by reference made a part hereof;
WHEREAS, the Department and the Grantee are of the opinion that the
citizens of the state would 'benefit from environmental improvement and the
beautification of our communities and rural areas through the planting of
trees;
WHEREAS, the Department has awarded to the Grantee a tree planting grant
for the specific project set forth in the Small Business Tree Planting
Program Grant Application Number SBA-55 , hereinafter the "project";
WHEREAS, the parties hereto mutually recognize the benefits of such a
project as described in the Small Business Tree Planting Program Grant
Application and the need for entering into an agreement designating and
setting forth the responsibilities of each party;
NOW THEREFORE, for and in consideration of the mutual benefits that
flow each to the other, the parties covenant and agree as follows:
1. The effective date of this agreement is , 1991.
2. The Grantee shall, complete the project by September 30, 1992 as set
forth in the Small Business Tree Planting Program Grant Application Number
$BA-55 and approved by the Department on .. ~h~r ?~ , 1991,
during w~ich time the grant shall continue in effect. The criteria for the
project is set forth therein. The final date by which such criteria must
be met for completion of this agreement is September 30
The project to be performed by the Grantee shall be subject to periodic
inspections by the Department. The Grantee sh'all not change or deviate from
the project without written approval by the Department.
3. The Grantee has estimated the project cost to be $ 35~450.00
as shown on the grant application budget sheet attached as Exhibit B. The
Department agrees to pay to the Grantee the total sum of $ 20,000.00
or 56 percent of the final approved project costs, whichever is
less (the "Grant Amount"); provided, that, if the Grantee's matching amount
expended is less than the matching amount anticipated in Exhibit B, then such
Grant Amount shall be reduced by multiplying the Grant Amount times the
ratio of the Grantee's matching monies actually provided to the Grantee's
matching monies shown on Exhibit B.
The Grant Amount is limited to only those items which are directly related
to this project. Project costs incurred prior to the effective date of
this agreement shown in paragraph 1, are ineligible for reimbursement.
Payment shall be made following submittal of invoices on a~quarterly basis.
The final payment shall not be made until certification of acceptance is
received from the Department. A sixty (60) day grow-in period will be
required after project completion. Certification of acceptance by the
Department may be requested sixty (60) days after project completion. Upon
receipt of the certification of acceptance, the Grantee may submit an
, 1992.
invoice for final payment.
(a). Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
"(b). Records of costs incurred under terms of this Agreement
shall be maintained and made available upon request to
the Department at all times during the period of this
Agreement and for three years after final payment is made.
Copies of these documents and.records shall be furnished
to the Department upon request. Records of costs incurred
include all records of the costs of the Grantee and
subcontractors considered necessary by the Department for
a proper audit of the project.
4. The Grantee shall maintain the project in a responsible manner and
with due care in accordance with the below listed "'Project Standards" for
the property owned by City of Sebastian and located at:
Lake Hardee Park, 530 Barber Street, Sebastian, Florida
Sebastian Highlands, Unit 4 Block 120.
Specifically, the Grantee accepts the below listed responsibilities and
duties:
(a).
(b).
(c).
(d).
Proper watering and proper fertilization of all trees and
keeping them as free as practical from disease and
harmful insects.
Proper mulching of tree beds;
Keeping the premises free of weeds;
Mowing and/or cutting grasses to the proper length;
(e). Proper pruning of all trees or pruning such parts
thereof which present a hazard;
(f). Removing or replacing dead or diseased trees in their
entirety, or removing or replacing those that fall below
original Project Standards.
The Grantee agrees to repair, remove or replace at its own expense all
or that part of the project that falls below Project Standards. In the
event any trees must be removed and replaced for whatever reason, then they
shall be replaced by trees of the same grade, size and specification as
provided in the original plans for the project (minimum requirements for
plant materials are Florida Grade No. 1 or better). Furthermore, the Grantee
shall keep litter removed from the project area. The above named functions
to be performed by the Grantee shall be subject to periodic inspections by
the Department. It is the intent of the parties hereto that the owner of the
property described in the first sentence of section 4 shall be the owner of
the planting and other installations included and stipulated in the grant
application comprising the project.
5. The Grantee agrees to maintain trees planted as a part of the
project at the Grantee's expense for a period of three years from the date
of certification of acceptance by the Department.
6. The Grantee agrees to submit to the Department an interim report on
project accomplishments by March 1, 1992 and a final report summarizing
project accomplishments as a prerequisite to final acceptance by the
Department.
7. This Agreement may be terminated under one of the following
conditions:
(a). By the Department, unilaterally, for refusal by the grantee
to allow public access to all documents, papers, letters
or other material subject to Chapter 119, F.S. and made or
received by the Grantee in conjunction with this Agreement.
(b). By the Department, if the Grantee fails to perform its duties
under this Agreement, following thirtY (30) calendar days
written notice by the Department.
(c). By the Grantee following sixty (60) calendar days written
notice.
8. In the event this Agreement is terminated in accordance with
Section 7 then the Grantee shall refund to the Department a pro-rated
portion of the grant award based upon the following schedule:
(a). If this agreement is terminated during the first year of
the agreement, 75 percent of the grant award.
(b). If the agreement is terminated during the second year of
this agreement, 50 percent of the grant award.
(c). If this agreement is termimated during the third year of
this agreement, 25 percent of the grant award.
9. This Agreement may be terminated in writing by the parties
according to the terms of their Agreement.
10. The Grantee covenants and agrees that it will indemnify and hold
harmless the Department and all of the Department's officers, agents and
employees from any claim, action, neglect or omission by the Grantee during
the performance of the Agreement, whether direct or indirect, and whether
any person or property to which the Department or said parties may be
subject, except that neither the Grantee nor any of its sub-contractors
will be liable under this paragraph for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole
negligence of the Department or any of its officers, agents or employees.
11. This Agreement embodies the entire agreement and understanding
between the parties hereto and there are no other agreements or
understandings, oral or written, with reference to the subject matter
hereof that are not superseded hereby.
12. This Agreement may not be assigned or. transferred by the Grantee,
in whole or in part without the expressed written consent of the Department.
13. This Agreement, regardless of where executed, shall be governed by
and construed in accordance with the laws of the State of Florida.
14. Ail notices, demands, requests or other instruments shall be given
by depositing the same in the U.S. mail, postage prepaid, registered or
certified with return receipt requested, or by telex (FAX) or telegram:
(a). If to the Department, addressed to 3125 Conner Boulevard,
Tallahassee, Florida 32399-1650 or at such other address
the Department may from time to time designate by written
notice to the Grantee; and
(b). If to the Grantee addressed to Sebastian City Hall .......
Post Office Box 780127, Sebastian~ Florida ~29.78-0127
or at such other address as the Grantee from time to time
designates by written notice to the Department.
Ail time limits provided hereunder shall run from the~date of receipt
of all mailed notices, demands, requests and other instruments, or from the
date telexed or faxed.
15. Time is of the essence of this agreement.
16. This contract, which disburses grants and aids appropriations, is
subject to the requirements of Section 216.347, Florida Statutes, and
the Grantee is therefore not allowed to expend any funds received through
this contract for the purpose of lobbying the Florida Legislature, the
Department, or any other state agency.
This contract, which disburses grants and aids appropriations, is
subject to the requirements of Section 216.349, Florida Statutes, which are:
(a) The Department and the Comptroller before disbursing any funds must
independently ensure that the proposed expenditure is in accordance with
all legal and regulatory requirements and that this contract specifically
prohibits the use of funds for the purpose of lobbying the Legislature or
any state agency.
(b) if the Grantee is a local government agency, non-profit
organization, or not-for-profit organization it shall: (i) for amounts
$25,000 or less, have its head attest that it has complied with grant
provisions, (ii) for amounts greater than $25,000 but not more than
$100,000 have a grant-specific audit performed in accordance with the rules
of the Auditor General or have a statement prepared by an independent
certified public accountant which attests that the grant provisions have
been complied with, (iii) for amounts greater than $100,000, have a grant-
specific audit performed in accordance with the rules of the Auditor
General, and (iv) have such audits, statements, or attestations filed with
the Department and the Auditor General.
17. Vendors providing goods and services to an agency should be aware
of the following time frames. Upon receipt, an agency has five (5) working
days to inspect and approve the goods and services, unless the bid
specifications, purchase order or contract specifies otherwise. An agency
has 20 days to deliver a request for payment (voucher) to the Department of
Banking and Finance. The 20 days are measured from the latter of the date
the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days, a separate interest
penalty of .03333 percent per day will be due and payable, in addition to
the invoice amount, to the vendor. The interest penalty provision applies
after a 35 day time period to health care providers, as defined by rule.
Interest penalties of less than one (1) dollar will not be enforced unless
the vendor requests payment. Invoices which have to be returned to a
vendor because of vendor preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the agency.
A Vendor Ombudsman has been established within the Department of
Banking and Finance. The duties of this individual include acting as an
advocate for vendors who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted at
(904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused'these presents to
be executed the day and year first above written.
Approva~ to Form and Legality
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
BY:
Director, Division of
Administration
Attest: (SEAL)
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589~5570
November 5, 1991
CERTIFIED MAIL
P 725 469 967
Mr. James B. Harrell
Urban Forestry Coordinator
Florida Division of Forestry
3125 Conner Boulevard
Tallahassee, Florida 32399-1650
Dear tlr. Harrell,
The City of Sebastian is pleased to accept the Small Business
Administration Grant Award of $20,000.00 for the 1991 program
year. Our SBA Tree Planting Program Application (DACS Number
SBA-55) was submitted to Florida Forestry with the approval
of City Council on July 5, 1991.
The issue of tree planting in Lake Hardee Park, the subject
of our grant application, is so great that even after
submission of the application, residents of the City of
Sebastian continue to. request additional trees at the site.
The award will be a considerable boost to the City's funding
level and public morale.
Again, we thank you for your consideration of our application
and the notice of the grant award. Once we receive the Small
Business Tree Planting Program Grant Agreement, I will
present it to the Sebastian City Council for final approval
and signature. We look forward to the date at which we may
initiate this activity, ' and will gladly prepare any reports
to your office that you request indicating our progress
during the fiscal year.
Sincerely,
City Manager
RSH/CAH/gk
harrell.doc
cc:
District Hanager Paul Palmiotto. Okeechobee District
W.E. Conyers, Mayor and Sebastian City Council
Dan Eckis, City Engineer
Bruce Cooper, Director of Community Development
BOB CRAWFORD
COMMISSIONER
RECEIV)£1.1 )4i.,)V Q 19,9)
Florida Department of
Agriculture & Consumer Services
The Capitol
Tallahassee
32399-0810
October 23, 1991
l~.~s~ Rr. seo~ To:
Mr. Dan Eckis, City Engineer
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978-0127
Dear Mr. Eckis:
Congratulations! I am pleased to inform you that your National Small
Business Tree Planting Program Application (DACS Number SBA-55) has been
approved by the U.S. Small Business Administration (SBA) to receive a grant
award of $20,000.00 for the 1991 program year. This grant, with your
matching contribution of $15,450.00, will result in a total project funding
level of $35,450.00.
To confirm your acceptance of the SBA grant award, please reply by
certified mail to:
Mr. James B. Harrell
Urban Forestry Coordinator
FIorida Division of Forestry
3125 Conner Boulevard
Tallahassee, Florida 32399-1650
Upon notification of your acceptance, a Small Business Tree Planting
Program Grant Agreement will be mailed to you. The agreement must then be
signed and returned to the above address within sixty days. Failure to
meet this deadline will constitute forfeiture of the award, and the grant
will be awarded to another applicant.
Please remember that project costs incurred prior to the effective
date of the grant agreement are ineligible for reimbursement.
Again, congratulations, and i will be looking forward to reports of
your progress as the National Small Business Tree Planting Program is
implemented.
sos c w o..D i /
COMMISSIONER OF A<R~iCULTURE
cc:
District Manager Paul Palmiotto, Okeechobee District
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
FEASIBILITY STUDY REGARDING
POINT-O-WOODS SUBDIVISION
DISINCORPORATION
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 01/15/92
For Agenda Of:
01122/92
Exhibits: Ordinance O-81-15-A
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On November 18, 1981, the City Council adopted Ordinance 0-81-15-A which
annexed 15.7 acres of land now known as Point-O-Woods Subdivision.
On October 29, 1991, the City Clerk's office received a petition from the
homeowners of Point-O-Woods Subdivision requesting the City Council to
disincorporate their subdivision, by contraction (F.S. 171), by the City
of Sebastian.
Florida Statute 171.051(2) requires the City of Sebastian to undertake a
study of feasibility of the proposed petition to disincorporate from the
City. Based on Florida Statute 171.051(3) and 171.O52, this study should
determine whether or not the area to be disincorporated meets the criteria
for annexation as outlined in Florida Statute 171.043. Specifically, F.S.
171.052 prohibits a municipality from considering disincorporation of any
land unless the area fails to meet the criteria for annexation (P.S. 172.O
43).
In order to determine compliance of the criteria for annexation (F.S.
171.O43), subsection I (below) and the requirements of either subsection 2
or subsection 3 (below) must be met.
The total area to be annexed must be contiguous to the municipality's
boundaries at the time the annexation proceeding is begun and
reasonably compact, and no part of the area shall be included within
the boundary of another incorporated municipality.
Page 2
Part or all of the area to be annexed must be developed for urban
purposes. An area developed for urban purposes is defined as any area
which meets any one of the following standards:
(a)
It has a total resident population equal to at least two persons
for each acre of land included within its boundaries;
(b)
It has a total resident population equal to at least one person
for each acre of land included within its boundaries and is
subdivided into lots and tracts so that at least 60 percent of
the total number of lots and tracts are 1 acre or less in size;
or
(c)
it is so developed that at least 60 percent of the total number
of lots and tracts in the area at the time of annexation are used
for urban purposes, and it is subdivided into lots and tracts so
that at least 60 percent of the total acreage, not counting the
acreage used at the time of annexation for nonresidential urban
purposes, consists of lots and tracts 5 acres or less in size.
In addition to the area developed for urban purposes, a municipal
governing body may include in the area to be annexed any area which
does not meet the requirements of subsection (2) if such area either:
(a)
Lies between the municipal boundary and an area developed for
urban purposes, so that the area developed for urban purposes is
either not adjacent to the municipal boundary or cannot be served
by the municipality without extending services or water or sewer
lines through such sparsely developed area; or
(b)
Is adjacent, on at least 60 percent of its external boundary, to
any combination of the municipal boundary and the boundary of an
area or areas developed for urban purposes as defined in
subsection (2).
FINDINGS OF FACT
Staff recommends to the City Council to reject the petition by the
homeowners of Point-O-Woods Subdivision to disincorporate their
subdivision.by contraction based on the following facts:
The total area of Point-O-Woods Subdivision containing 15.7 acres,
more or less, was contiguous to the municipality's boundaries at the
time of annexation proceeding and is reasonably compacted. This area
was within the unincorporated area of Indian River County and not part
of any incorporated municipality.
Page 3
The area that was annexed into the City of Sebastian was rezoned to
RS-20 and platted for 22 single family lots. Considering that the
State of Florida and the City's Adopted Comprehensive Plan utilizes
over two (2) persons per household for population factors, it would
therefore be determined that the total residential population of Point
-O-Woods Subdivision would be at least 44. The total resident
population does exceed the minimum two (2) persons for each acre of
land within its boundaries.
Staff finds that the subdivision known as Point-O-Woods does meet the
criteria as outlined in Florida Statute 171.O43 therefore, F.S. 171.052
would prohibit the City of Sebastian to consider the petition.
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= )
AGREEMENT BETWEEN SEBASTIAN LAKES )
ASSOCIATES AND THE CITY OF )
SEBASTIAN REGARDING TIME EXTENSION )
Approved For Submittal By: )
City Manager )
)
)
)
)
Agenda Number:
Dept. Origin: Community Development
(BC)~
Date Submitted= 01/16/92
For Agenda Of:
01/22/92
Exhibits:
Letter dated 12/13/91 from Jim Davis
Agreement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED=
APPROPRIATION
REQUIRED:
'SUMMARY STATEMENT
As previously informed verbally at several City Council meetings, the City
staff has been negotiating an agreement with Chase Bank of Maryland for
improvements to Laconia Street, Roseland Road extension, and a new
connecting road between Laconia and County Road 512. The City Manager
informed you at the last City Council meeting of January 8, 1992, that
staff was attempting to negotiate with the owners to construct Roseland
Road extension in lieu of the interconnecting road between Laconia and
512. Apparently due to construction cost, the owners are not willing to
pursue that idea and the enclosed agreement reflects the originial concept
of both the City and Chase Bank of Maryland initiated.
Staff recommends the City Council to review this agreement with three
changes as outlined below:
1. Page 2, Paragraph (a)(ii), Dedication of Street Right-of-Ways
Proposed Language: Additional right-of-way for Laconia Street to
affect a sixty foot (60 feet) wide right-of-way, plus sufficient
right-of-way for a cul-de-sac on the north end portion of Laconia
Street, as in more particularly described and shown in Exhibit "A;"
Page 4, Paragraph (b)(ii) - This paragraph should be deleted in its
entirety. City staff was willing to agree to this language only if
the owners were willing to construct Roseland Road extension at this
time and to eliminate the new road connection between Laconia and 512.
Page 2
Add additional language to Page 2, Paragraph 2 under Dedication of
Street Right-of-Way. The proposed agreement does not contemplate any
additional right-of-way or easement to connect the Library site with
Roseland Road extension, Tract B (refer to Jim Davis letter).
Proposed Language: The Association agrees to provide sufficient
right-of-way acceptable to Indian River County to connect the existing
Library site with Roseland Road extension, Tract B.
RECOMMENDED ACTION
Review proposed agreement.
Telephone: (407) 567-8000
Decen~er 13, 1991
BOARD OF CO UNTY COMMISSIONERS
18~0 25th Street, Veto Beach, Florida 32960
RECEIVED DEC 1 7 1991
Suncom Telephone: 224-1011
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
Subject:
Roseland Road/Laconia Street Extension
East of North County Library Site, South of CR 512
Dear Bruce:
It has come to our attention that the property owner of the
former Sebastian Lakes P.U.D. property surrounding the North
County Library Site is proposing an alternate easterly alignment
of Laconia Street/South Roseland Road extension through the
Sebastian Lakes Commercial area. Please be advised that when the
County purchased the North County Library Site, the shape,
location, and design of the site was driven by the subject road
extension fronting the. site to the east. If the North County
Library Site does not have frontage on the road extension, the
Library will suffer poor ingress/egress conditions. Due to these
issues, the County suggests the following:
1)
The Roseland Road/Laconia Street extension should be
located with frontage being provided to the North
County Library Site as depicted on the attached
drawing. This alignment was proposed to the County
during purchase contract negotiations and as a result,
the Library parcel was uniquely shaped to fit this
alignment.
2)
If an alternate easterly alignment is proposed, the
developer/property owner should provide a safe driveway
or roadway connection from the Library to the new
roadway so that safe ingress/egress can be provided to
the Library without local traffic from the south having
to access CR 512. This connection should be located at
a safe distance from the CR 512/Laconia Street
intersection. The new alignment must be geometrically
compatible with the existing Roseland Road/CR 512
intersection. The developer should also meet with the
County staff to discuss squaring off the existing shape
of the Library parcel.
December 13, 1991
Page 2.
In. conclusion the County staff prefers the westerly
alignment which provided the Library parcel with direct frontage.
Please contact me once your recommendation is decided.
Thanks for your cooperation in this matter.
Sincerely,
~G~e~8- ~W. Davis, P.E.
Public Works Director
JWD:blp
ct~0fs~b.
attachment:
1) Drawing of original alignment
C:
Randy Dowling, Assistant County Administrator
Sonny Dean, General Services Director
THIS AGREEMENT made this day of January, ].992, by
and between the CITY OF SEBASTIAN,~ FLQRIDA, a Florida municipal
corporation (hereinafter referred ~.~ as %he "CiTy"!, and SEBASTIAN
LAKES ASSOCIATES, a General Partnership organlzed and eperating under
the laws of the State of Florida (hereinafter referred to as "The
Associatl~. }.
W i T N E S S E T H:
WHEREAS, the City approved, in Ordinance No. 202-8, the Conceptual
Development Plan (the "Plan") submin~ed by Arrowi]ead Lakes Estates,
a Florida general par%nership, for a p~anned unit development .... ~ ~..
known as Sebastian
~e~ (the "Developmen%"); and
WHEREAS, the City, in Ordinance 88-45, approved an amendmen5
to the.~lan at the request of The Association], a F~.~~_~ = general
partnership, successors in inuerest to Arrowhead Lakes Es~_.;~--~ and
WHEREAS, The Association failed to complete development in
accordance with the Plan within eiqht~e~% -(18) ~nonths as required by
the Land Development Code of tile City of Sebastian; and
WHEREAS, as a result of The Association's fai!ure ~o complete
development, the Plan is subject to revocation by ~he City; and
WHEREAS, The Association desires ~o ex~end the Plan for an
additional eighteen (18} months; and
WHEREAS, the City is agreeable to ex~ending the Plan for an
additional eighte=n (18) months, subject 5o certain conditions.
muw, '~'a~t~:~.'u~, an consideration ol the premises ana %ne mutua~
covenants contained herein, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
extended for an additional eighteen (18) months from the date c~ formal
adoption of this Agreement by Final City Resolution with all time
for contest or appeal having elapsed withoot contest or appeal, subjec5
to the terms and conditions set forth ~elow.
2. Dedication of Street Ri~ht-of~Ways..
(a) Thc Association h~reby agrees to dedicate the following
street right-of-ways to 5he City:
(i) An eighty foot ( 8~ ' ) wide right-of-way for the
extension of Roseland Road, from CR 512 to Laconia Street, as as more
particularly ~escribed as Tract B an~ shown ir~ Exhibit "A"
hereto and incorporated herein by %his re~ ...... ;
(ii) AD additional right-of-way for Laconia Street to
e~ec~ a sixty foot ( 60 ' ) wide right-of-way, plus suffic=~ - ' -
of-way for a connection to County Road 512 on the northern portion
of Laconia Street, as is more partfcularly described and shown
{iii) A sixty foot (60']) wide right-of-way for a new
street connecting CR 512 to Laconia 'Street, as is more particularly
described and shown in Exhibit "A."
(b) Within sixty (60) days of ~he execution of this Agreement
by both par~ies and approval of the materials described ~n Paragraph
4 by the City. Engineer_ . The Association shall deliver to the
the deeds and instruments necessary to effect dedication of %he above
described rightof-ways to the City. Said deeds and instrume~]ts shall
a~ to form and substance.
2
3. Street Improvements.
(a] qbligations of The Association.
(i) The Association hereby' agrees t~o ~-~
funds necessary to effect certain ~mprovemen[s ~o Laconia Street,
upon final City Resolution with ade~uate time for con~st or appeal
having elapsed without con,est or appeal. Such improvements shall
include:
(1) Adding twelve (12) feet of pavement of the existing
pavement of Laconia Street to create a twenty four (24) foot two lane
road.
(2) Construction of a connection to Cou~%ty Road 512
at the north end of Laconia Street:
(3) Overlaying th~ current t%¢elve (12) foot wide lane
of Laconia Street to provide an even riding surface.
(ii) The Association further agree~ to provide the funds
necessary to co~%s~ruct a new street to run between CR 512 and Laconia
Street, including a twenty-four foot (24'] wide two (2) lane asphalt
mat and necessary improvements to construct an intersection of the
~ew street with CR 512.
(iii) The Association further a9rees to perform inspections
during construction of the improvements described in Paragraph 3(a)
and to certify progress payments for ~he work described in Paragraph
3(a).
(iv} The A~sociation shall place funds in an escrow account
to the benefit of Indian River County, F~orida, in an amoun~ sufficient
to provide appropriate funding for a traffic signal at the intersection
of County Road 512 and Roseland ~oad upon the initiation of
construction of 5he proposed Roseland Road extension identified and
pia~ed as Tract B as shown on Exhibit A
3
(b) pbligations of the City.
(i) The City hereby agrees,I at its sole cost and expense,
to improve the existing northbound~ lane ~f Laconia Street. Such
~mpro'~ement snell include:
(I] Correction of any base failures;
(2) Correction of any drainag~ ~robiems; and,
(3) Any and all other repairs necessary so that Laconia Stree=
may be overlayed with a new asphalt mat when the street is widened
to two lanes.
(ii) The City agrees to permit a curb cut from Laconia Street
into the proposed commercial area and to recommend to the Indian River
County Engineer that a curb cut be approved between Tract B and the
new street connecting LacOnia Street with County Road 512.
4. Engineering, Design and Construction BudGet.
(a) Within foruy-five (45) days from the date o~ this Agreement,
The Association shall, at its sole cost and expense, prepare and
deliver to the City all of the plans and documents necessary to effect
the improvements described in ParaGraph 3(a) including the following:
(i) Any and all necessary surveying, design, co~s~ruc~ion
drawings, bidding and contrac~ documents; ..
(ii) A complet=d application for approval of the improvements
described in Paragraphs 3(a) wi=h St. John's River Water Management
District;
(iii)
consisting
A budget for the improvements described in Paragraph
of estimated construction costs, includl~%g inspection,
contract administration and t~sting, and including an allocation of
a minimum of ten percent (10%) of the to,al budget for construction
contingencies;
~iv) Any and ai~ cuber documents aha permlus necessary ~o effect
the improvements described i~% Paragraph 3(a).
(b). The City Engineer .~;hall review the materials submitted by The
Association pursuant to subparagraph (a} above and shall report on
their acceptability within fifteen (15) days of their receipt, in
the event the City Engineer finds a~y of the said materials to
insufficient, inaccurate or otherwise unacceptable, the City Engi;]eer
shall infform The Association in ~ritin~3 of such insufficiency,
inaccuracy or unacceptability and Th~ AssocJ_ati0n shall have fifteen
(15) days from receipt of said written
and resubmit them to the City for appr(
5. ~yment and Bid Procedures.
(a) Upon final approval by the
notice to correct the ....
m~e~ials
~va],.
City Engineer of the zaate£iala
described in Paragraph 4 and upon Finll City Resolution with adequate
time for contcst or appcal having elapsed without contest or appeal,
the Association shall plac~ in escrow the entire amount budgeted for
the improvements in accordance with Paragraph 4(a) (iii').
(b) Upon notification of said fi
bid the improvements described in
accordance with the bidding procedur~
of the Code o£ Ordinance of the City of
(c) If the bids received by t
e~timate submitted by The Associatio
otherwise acceptable to the City and
ends j.n escrow, the City shall
Paragraphs 3(a) and 3(b) in
:s established in Section 2-~64
Sebastian.
ne City are within the budge£
n in Paragraph 3(a), and are
ihe Association, thc City shall
proceed with the construction of the lm~rovements and return any unu:~ed
fund~ to The Association upon completio~ o£ same.
(d) if the bid price for the lowest, responsible bidder e~ceed,&
the budget estimate submitted by Tn9 ASSoCiation, The Associa~.~ o~'~
shall pay the difference between sal+ bid price and the estimated
budget within fifteen (!5) days of receiving wri%~e~ notice from the
City.
6. Tim___~_e. Time is of the essence of thi£ ..greement and each
and every provision hereof
'
7 Preservation o~ ~" ~ ~-~ ~-:~ '~ -:- -_he innen
' - ..x_s ........ i.--. a
the parties hereto that nothing in uhis Agreement shall De cons=rued
to relieve The Association of any of its obligations with respect
to construction of th~ Development. Ail ordinances er parts of
ordinances in conflict herewith are hereby repealed.
8. Savin~s Clause. The invalidity or unenforceabi~ ~v of any
particular provision of this Agreement shall not affect the other
provisions hereof, and the Agreement shall be construed in all respects
as if such invalid or unenforceable provisions were omit%ed.
9. Interpretation of AgreemeQ%.. This Agreement shall be
constructed, governed and enforced in accordance with and by the laws
of the State of Florida, and venue for any action to =
~rc~ ok- to
interpret this Agreement shall be Indian River County, ?!or!da.
10. Bindinq Affect. Ail of the ~erms, convenants, 'warranties
and representations contained herein shall be binding upon the parties,
their heirs, successors and assigns.
ii. Attorney's Fees and Costs. If any action is commenced by
any of the parties to enforce any terms, covenant of condition of
this Agreement or to obtain declaratory relief at law or in equity
the prevailing party shall be entinled to all costs and expenses of
said action including a reasonable attorney ' s fees) at trial and
all appellate levels, from any of the' otl]er parties (or its/his/their
successors or assigns) who opposed the prevailing party.
12. Notice. All notices or communications required or permitted
hereunder shall be in writing and shall be deemed to be delivered
when personally served upon the person to receive or three ~3) days
after deposited in the United States Mail, postage prepaid, registered
or certified mail, return receipt requested, addressed to the parties
6
'at the following addresses or at .:- .... - -'-~her address as may have been
heretofore specified by written notice delivered in accordance thereof.
TO THE CITY: CITY OF SEBASTIAN
Att.~: ~; ~ ..... '- -.
P.O. Box 78012~
Sebastian, FL 32978
WiTH A COPY TO:
CHARLES IAN NA~H, ESQUIRE
City Attorney
930 S. Harbor Ciity Boulevard
Suite 505
Melbourne, FL 32901
TO THE ASSOCIATION:
SEBASTIAN LAKES ASSOCIATES C/O
ST. PAUL CORPORATION
· u East Baltimore Street
Baltimore, MD 21202
Attn: Wayne E. Olson
].3. Entire and Sole A~reement. Except as specifically stated
herein, this Agreement and the Exhibirs referenced herei~ ccnstitute
the entire agreement between the parties and supersedej all agreemenus,
representations, warranties, statements, promises and ~nderstan,~n~s
not specifically set forth in this Agreemen~ or in ~he documents
delivered in connection ~erewi~h. Neither part}, has in any way
relieved, nor shall in any way r~iy, upon any oral or written
agreements, representations, warrant.ies, statements, promises or
understandings not specifically set forth in this Agreement or in
such documents.
14. Counterparts. This Agreemen~ may be executed simultaneously
in two or more counterDarts~ each .Df ~,~-~ -~-~
............ ~.~ be an original, but
all of which together shall constitune one and the same instrument.
15. Amendmenns. Neither this Agreement nor any term herecf
may be changed, waived, discharged cr terminated orally, but only
by an instrumenu in writing signed by nhe par~y against which
enfsr.ceme~ ~= the cnan~e, waiver, discharge or termination is sough~.
7 I
16 Headings. The huadings in this Agreement are for purposes
of reference only and shall not limit
hereof.
IN WITNESS WHEREOF, the- parties have hereupon se= tl~eir hands
and seal the day and yoar first above written.
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
ATTEST:
Kathryn M. O'Halloran
CMC/AAE, City Clerk
(SEAL)
Charles Ian Nash
City Attorney
ATTEST:
SEBASTIAN LAEES ASSOCIATES
Secretary
(Corporate Seal
BY ::
Wayne E. Olson,
as the Vice President
of the St. Paul CorPoration
its Managing Partner
PREPARED FOR;
SEBASTIAN
ALENngmeering,Inc.
LAKES
ASSOCIATES
City of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Resolution No. R-92-03
Upon Call/rig 3/10/92 Election
Designating Polling Places,
Naming Offices to Be Filled,
and Questions to Be Decided
APPROVED FOR SUBMITTAL BY:
City Manager:
Agenda No.
Dept. Origin
Date Suhnitted 1/7/92
For Agenda Of 1/22/92
Exhibits: R-92-03
EXPENDITURE AMOUNT ~P~PR~TION
REQUIRED: BUDGE71ED: REQUIRED:
SLUMARY STATEMENT
Section 4.07 of the Charter of the City of Sebastian requires that City
Council adopt a resolution upon the calling of an election designating polling
places, naming offices to be .filled and questions to be decided.
The March 10, 1992 general election will be called by proclamation of the City
Council, prior to consideration of this item on the January 22, 1992 agenda.
Resolution No. R-92-03 is presented for your consideration.
RE~ED ACTION
Move to adopt Resolution No. R-92-03.
RESOLUTION NO. R-92-03
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES
FOR A GENERAL ELECTION FOR THE PURPOSE OF ELECTING ONE
(1) MAYOR AND ONE (1) CITY COUNCILMAN FOR TERMS OF TWO
(2). YEARS, FOR THE PURPOSE OF PLACING CERTAIN
REFERENDUM QUESTIONS ON THE BALLOT INCLUDING A NON-
BINDING (STRAW BALLOT) REFERENDUM; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 4.07 of the Charter of the City of
Sebastian, Florida, requires the City Council of the City of
Sebastian to adopt a resolution upon the calling of an election
designating polling places, offices to be filled and questions to
be decided; and
WHEREAS, the Mayor of the City of Sebastian has called, by
proclamation, a General Election to be held within the City of
Sebastian, Indian River County, Florida on Tuesday, March 10,
1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows:
Section 1. POLLING PLACES. That the four polling places
for the City of Sebastian are as follows:
A. Precinct 12 ........ The Sebastian Community Center
1805 North Central Avenue
Precinct 14 ........ First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 ........ The North Indian River County
Library
1001Fellsmere Road (CR 512)
Precinct 16 ........ Calvary Baptist Church
123 Thunderbird Drive
Section 2. ELECTION OF OFFICERS. The terms of the Mayor
and one (1) Councilman will expire in March 1992, therefore, a
general election will be held to elect one (1) Mayor and one (1)
Councilman for terms of two (2) years.
Section 3. REFERENDUM QUESTIONS. The City Council, at its
January 8, 1992 Regular Meeting, adopted Ordinance Nos. 0-91-29,
and O-91-30 which place certain referendum questions on the March
10, 1992 ballot; and, at its January 22, 1992 Regular Meeting,
adopted Ordinance No. O-91-31 which places a certain referendum
question on the March 10, 1992 ballot.
Section 4. NON-BINDING REFERENDUM (STRAW BALLOT). The City
Council, at its January 8, 1992 Regular Meeting, adopted
Resolution No. R-92-01, which places a non-binding,(straw ballot)
referendum regarding CR 512 on the March 10, 1992 ballot.
Section 5. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
Section 6. This Resolution shall take effective immediately
upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
vote was as follows:
Mayor W.E. Conyers
Vice Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The motion was seconded by
and, upon being put to a vote,the
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Ha!loran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
City of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBOECT: ) Agenda No.
March 10, 1992 Election )
) Dept. Origin ~ Clerk.
)
· ) Date Suk~Li~ced 1/7/92
)
APPROVED FOR SUBMITTAL BY: ) For Agenda Of 1/22/92
)
City Manager:
) Exhibits:
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: 83,000 BUDGETSD: 86,000 R~QUIRED:
SUMMARY STATSP~NT
I am requesting approval of certain items regarding %heMarch 10, 1992
election, as requested byAnnRobinson, Supervisor of Elections for Indian
River ODunty, for formal approval for her office to oonduct the election and
to prepare the ballot.
In accordance withMs. Robinson's request, I am requesting that Council
authorize patient %0 the Supervisor of Elections Office in the amount of
83,000 which must be presented %0 her alon~with the names of candidates and
questions to be placed on the ballot. The cost of conductin~ the election is
fif%ycents per re~isteredvoter in the city, which numberwill be determined
when r~istrationbooks close. Followin~ the election, there will be a %oral
breakdown of costs presented and any overage in pasm~nt will be reimbursed%0
the city.
Also in accordancewithCode of Ordinances, Section 9-1 Candidates-Declaration
of intent; petition; form of ballot, subsection (b) I will advise the
Supervisor of.Elections %ha-~blank lines should bsprovided for write-in
votes.
RE~ED ACTION
Move to 1) authorize the Supervisor of Elections for Indian RiverCountyto
conduct the March 10, 1992 election; 2) authorize the Supervisor of Elections
for Indian River County %0 prepare the ballot for the City of Sebastian; and
3) authorize pasanent %0 the Supervisor of Elections for Indian River County in
the amount of $3,000.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Preservation of Option of City
for non-ad valorem assessment
to fund stormwater drainage
project.
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted:
For Agenda Of
) Finance (MLH)
)
) 01-16-92
)
) 01-22-92
)
) Exhibits: Letters from Attorneys,
) Notice of intent, Proposed Resolution, staff
) memo, & letter to County officials
Expenditure Amount Appropriation
Required: -0- Budgeted: Required:
SUMMARY STATEMENT
The City Engineer and Assistant Finance Director are currently negotiating with
Bromwell-Courier, Inc., the engineering firm selected as first choice to render
professional services for the stormwater drainage concerns, but have not finalized the
process sufficiently to make recommendations at this time. If Council wishes to
preserve its option to add a non-ad valorem assessment to this year's property tax
statements to fund such a project, Council must approve advertising the Notice of
Intent Resolution four weeks prior to its adoption which must be completed by
February 28, 1992. It should be noted that nothing, including the passage of the
resolution, binds the city to proceed with the project or the assessments, but we must
take these steps to preserve our option to do so. Failure to complete these steps prior
to the end of February time window will delay the ~ to collect special assessments
for an additional year.
RECOMMENDED ACTION
Authorize advertisement of Notice of Intent Resolution for immediate publication
within the time constraints required by Florida Statutes to allow Council to take
appropriate action at the last regular meeting in February.
'~ARAH M. BLEAKLEY
THOMAS H. DUF"F'Y
L. THOMAS GIBLIN
MARK G. LAWSON
HARK T. HUSTiAN
ROBERT L. NABOR~
GEORG[ H. NICKERSON, ~R.
GREGORY T. STEWART
~OHN R. ~TO~E5
NABORS, GIBLIN & NICKERSON, P.A,.
ATTORNEYS AT LAW
BARNETT BANK BUILDING, ~UITE SOO
315 SOUTH CALHOUN STREET
TALLAHASBEE, FLORIDA 3~'3OI
TELEPHONE IGC)4) 2Z4-40'70
TELECOPY (904! ~;~4-4073
December 18, 1991
THE POINTE, BUITE 1060
~'502 ROCKY POINT DRIVE
TAMPA, FLORIDA 33607
(8~3l 281- 2222
TELECOPY (8~3) aR~-0~'9
Via ~ederal E~ress
Robert S. McClary, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mr. McClary:
We are pleased to be a part of the team selected to assist the
City in reviewing its stormwater management circumstances. As I
mentioned during our telephone conversation earlier this week, the
enclosed information should be helpful to you if the Town Council
wants to preserve its option to use the non-ad valorem collection
method in 1992. Of course, as further analysis and review unfolds,
all of the various revenue or funding alternatives available to the
City will be thoroughly researched and examined.
As we discussed, one of the most popular and effective
alternatives to fund and collect for the delivery of infrastructure
and municipal services is through special assessments collected on
the annual ad valorem tax bill. This statutory tax bill collection
process is authorized by Section 197.3632, Florida Statutes, and
must begin almost a year in advance.
The first step is the adoption of a resolution noticing, the
City's intent to use this non-ad valorem collection method. The
Notice of Intent Resolution must be adopted after a public hearing
noticed by publication four weeks in advance. This Notice of
Intent Resolution does not obliqate the City to use the non-ad
valorem collection method or impose a special assessment. If the
Notice of Intent Resolution is properly noticed and adopted prior
to the end of the calendar year, no consent is required from the
County Tax Collector and Property Appraiser.
Adoption of such a resolution prior to year end is now not
possible in order to use the non-ad valorem collection method for
the 1992-1993 tax collection season.
Robert S. McClary, city Manager
December 18, 1991
Page 2
However, Section 197.3632(3)(a), Florida Statutes, does
provide that with the consent of the Tax Collector....~nd the Property
ADDraiser a resolution preserving the City's option to use the non-
ad valorem collection method can be adopted between December 31st
and the end of February after a public hearing noticed by
publication for four weeks in advance.
Accordingly, in order to preserve the City's option to use the
non-ad valorem collection method for the 1992-1993 tax collection
season, we enclose the following for your review and consideration:
(1) a consent to be executed by the County Tax Collector,
Property Appraiser and the City;
(2) a notice of public hearing which must be advertised for
four weeks prior to consideration of the Notice of Intent by the
City; and
(3) a Resolution noticing the city's intent to use the non-
ad valorem method of collecting assessments to fund the City's
stormwater m~nagement program.
At the risk of being redundant, the above actions do not
~ommit the City to a stormwater management program or to using or
imposing assessments. All the above actions will accomplish is to
Dreserv~ the City's oDtion to use the Section 197o3632 collection
method later in 1992.
Please feel free to contact me, or have your City Attorney
contact me, if you have any questions or desire further
information. We trust the enclosed proforma documentation is of
assistance to you and look forward to working with you on the
City's stormwater management project.
.incerely,
Mark G. a~W'son'
MGL/sbl
Enclosures
CC:
Charles I. Nash
Dan Eckis
Len Jordan
NOTICE OF INTENT TO USE UNIFORM METHOD
OF COLLECTING NON-~D V~LOREM ~SSESSMENTB
The City Council of the City of Sebastian, Florida (the
"Council") hereby provides notice, pursuant to Section
197.3632(3)(a), Florida Statutes, of its intent to use the uniform
method of collecting non-ad valorem special assessments to be
levied throughout the incorporated area of the City of Sebastian
for the acquisition, construction, administration and appurtenant
costs to provide stormwater management projects and services. The
Council will consider the adoption of a resolution electing to use
the uniform method of collecting such assessments authorized by
Section 197.3632, Florida Statutes, as amended, at a public hearing
to be held at 7:00 p.m., February 26, 1992, at the City Council
Chambers, Sebastian, Florida. Such resolution will state the need
for the levy and will contain a legal description of the boundaries
of the real property subject to the levy. Copies of the proposed
form of the resolution, which contains the legal description of the
real property subject to the levy, are on file at the office of the
City Manager of the City of Sebastian, Florida, 1225 Main Street,
Sebastian, Florida, and at the office of the city Clerk of the City
of Sebastian, city Hall, Sebastian, Florida. All interested
persons are invited to attend.
In the event any Person decides to appeal any decision by the
council with respect to any matter relating to the consideration
of the resolution at the above-referenced public hearing, a record
of the proceeding may be needed and in such an event, such person
may need to ensure that a verbatim record of the public hearing is
1
made, which record includes the testimony and evidence on which the
appeal is to be based.
DATED tills
. day of January,
By Order of~
CITY CLERK
Publ icl%
January , 1992
1992
February.~,
February ___, 1992
199a
February __-,
2
WmtmAM A. G~uM~
i~REsE, i~ALLAOE. NASH & TORPY. P..~
Mark G. Lawson, Esq.
Nabors, Giblin & Nickerson, P.A.
Barnett Bank Building
Suite 800
315 South Calhoun Street
Tallahassee, FL 32301
930 S. ~OR O~?Y BLVD.
SUITE 505
M=LBou~.. FLOmDA 32901
(407) 984-3300
F~ (407) 951-3741
T~ON
Re:
City of Sebastian
Ordinance - Stormwater Management
Our File No. 91-7731
Dear Mr, Lawson:
I have enclosed with this letter proposed Resolution No.
R-92-06 which has been prepared by me in accordance with the
"Draft Resolution" which you furnished to me with your letter of
December 18, 1991. It is my understanding that your law firm has
been responsible for researching all aspects of Section 197.3632
of Florida Statutes (1991), and that your law firm is of the
opinion that this process is.in conformance with all provisions
of Florida law, and does not violate any provisions contained in
the Sebastian City Charter or the Sebastian Code of Ordinances.
In addition, it is my understanding that it is your opinion that
the procedure your law firm has recommended does not violate any
provisions of the Florida Constitution or the United States
Constitution. .
Please advise me of any modifications that you wish to
suggest concerning the enclosed proposed resolution so that it
can be finalized for presentation to the City Council.
Thank you for your assistance and cooperation in this
matter.
CIN/lcr
Enclosure
cc:
as stated
Very tru/yours,
Robel~w~~ 1~ ry~Oi~y~ Manage~
O~.,Y~.~f~Seb~s~i~n%(with copy of Enclosure)
& TORPY, P.A.
RESOLUTION NO. R-92-06
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
SEBASTIANv INDIAN RI~ER COUNTYv FLORIDA, ELECTING TO USE
THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE
CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE
MAILING OF THIS RESOLUTION; AND PROVIDING 'FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida (the "City. Council"), is contemplating the
implementation of an ordinance providing for stormwater management
projects and services within the area of the City of Sebastian (the
"City"); and
WHEREAS, the ordinance will require that each property owner
shall pay for the provision of stormwater management projects and
services through a special assessment on such property; and
WHEREAS, the city Council intends to use the uniform method
for collecting non-ad valorem special assessments levied within the
City as authorized by Section 197.3632, Florida Statutes, as
amended, because this method will allgw such special assessments
to be collected annually oommencing in November, 1992, in the same
manner as provided for ad valorem taxes; and
WHEREAS, the City Council held a duly advertised public
hearing prior to the adoption of this Resolution, proof of
publication of such hearing being attached hereto as 'Exhibit A;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Sebastian,'Indian River County, Florida, as follows:
ect~~. That commencing with the 1992-1993 Fiscal Year and
with the tax statement mailed for such Fiscal Year, the City
intends to use the uniform method of collecting non-ad valorem
assessments authorized in Section 197.3632, Florida Statutes, as
amended, for collecting the non-ad valorem assessments levied
throughout the incorporated area of the city for the provision of
stormwater management projects and services. A legal description
of such area subject to the assessments is attached hereto as
Exhibit B and incorporated by reference.
Section ~. That the City hereby determines that the levy of
the assessment is needed to fund the cost of the provision of
stormwater management projects and services within the City.
Section 3. That, upon adoption, the City Manager is hereby
directed to send a copy of this Resolution by united States mail
to the Florida Department of Revenue, the Indian River County Tax
Collector, and the Indian River County Property Appraiser by March
10, 1992.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
. The motion was seconded by Councilman
, and, upon being put to a vote, the vote
was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Resolution duly passed and
adopted this
__ day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, city Attorney
- 2 -
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MEMORANDUM
TO:
W.E. Conyers, Mayor and Sebastian City Council
FROM:
Michael L. Hudkins, CPA, Finance Director
THROUGH:
Robert S. McClary, City Manager
DATE:
January 9, 1992
SUBJECT:
Preservation of option to use non-ad valorem method of
storm water special assessment.
Nabors, Giblin & Nickerson, P.A., legal counsel selected to assist the City in reviewing its stormwater
management concerns, has advised us (and at no charge) of certain steps necessary to preserve the City's
option to place a non-ad valorem assessment on the tax bills for the 1992-1993 tax collection period.
It should be noW. xl that nothing, including the passage of the resolution, binds the city to proceed with the
project or the assessments, but we must take these steps to preserve our option to do so. Failure to
complete these steps prior to the end of February time window will delay the abilit[ to collect special
assessments for an additional year. In consideration of the importance of these projects to Council, and
the extreme tight time constraints, I have forwarded the necessary forms to the County Tax Collector and
County Property Appraiser for their ratification.
Enclosed for review are copies of the letter from Nabors, Giblin, a Notice of Intent to Use Uniform
Method of Collecting Non-Ad Valorem Assessments, a consent form necessary from the Indian River
County Tax Collector and Property Appraiser, a specimen resolution electing to use the uniform method,
a letter and proposed resolution from the City Attorney, and my letter to the County Tax Collector and
County Property Appraiser.
The City Engineer is attempting to finalize a contract with Bromwell and Carrier, Inc., the engineering
consultant selected for the storm water utility study. Staff hopes to have those items ready for City
Council action at the upcoming January 22nd meeting. In the meantime, please feel free to contact Robb
McClary, Dan Eckis or me if you should have questions.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
January 8, 1992
Indian River County Tax Collector &
Indian River County Property Appraiser
SUBIECT: Preservation of option to use non-ad valorem collection method of storm
water special assessment.
The City of Sebastian is contemplating the implementation of an ordinance providing
for stormwater management projects and services. This ordinance will require that
each property owner shall pay for these projects and services through a special
assessment on such property and the City Council intends to use the uniform method
for collecting non-ad valorem special assessments levied within the City as authorized
by Section 197.362 of the Florida Statutes.
If Sebastian properly noticed the Notice of Intent Resolution and adopted it prior to the
end of the calendar year, no consent would be required from the County Tax Collector
and County Property Appraiser. Obviously, this is now not possible, however, Section
197.3632 (3) (a), Florida Statutes, does provide that with the consent of the Tax
Collector and Property Appraiser, a resolution preserving the City's option to use the
non-ad valorem collection method can be adopted between December 31 st and the end
of February after a public hearing noticed by publication four weeks in advance.
Accordingly, in order to preserve the City's option to use the non-ad valorem collection
method for the 1992-1993 tax collection season, we are requesting your consent to be
executed by the County Tax Collector, County Property Appraiser, and the City of
Sebastian. The timetable deadlines are such that your immediate response would be
both greatly appreciated and necessary.
Sincerely,
Michael L. Hudkins, CPA
Finance Director
The undersigned, pursuant to Section 197.3632(3) (a), Florida
Statutes, as amended, hereby consent and agree to holding a public
hearing prior to March 1, 1992 to consider a resolution of the City
Council of the City of Sebastian adopting a Notice of Intent to use
the non-ad valorem method of collecting assessments to fund the
city's stormwater management program.
Indian River County Tax Collector
Indian River County Property Appraiser
CITY OF SEBASTIAN, FLORIDA
Attest:
Mayor
City Clerk
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Contribution to Police
Officers' Retirement Fund
Approved for Submittal By:
City Manager ~
)
) Dept. Origin Finance (LWN)
)
) Date Submitted: 01-16-92
)
) For Agenda Of 01-22-92
)
) Exhibits: none
)
)
Expenditure Amount Appropriation
Required: $21,721.00 Budgeted: -0- Required: $21,721.00
SUMMARY, STATEMENT
Actuarial determination of the Police Officers' R6tirement Fund for the Fiscal Year
End September 30, 1991 resulted in total required contributions of $47,881 for the
defined benefit plan. The employee's contribution is limited to 5 % of salary pursuant
to City Code Section 2-124(c), and the state contributes an additional amount based on
a percentage of casualty insurance premiums written for insureds within the City of
Sebastian. The City is required to fund the balance between the actuarily determined
amount and the employees contribution plus the state's contribution. Each year the
state supplies an estimate of anticipated contribution amounts prior to budget
preparation, however, the state's estimate was in error requiring the City to contribute
an additional $21,721.00 over the budgeted amount. Funds are available from the
unencumbered general fund balance this contribution is required to be paid prior to
January 31, 1992 to avoid penalties.
RECOMMENDED ACTION
ApproPriate $21,721.00 from the unencmnbered general fund balance and approve
payment of the same to the Police Officers' Retirement Fund for Fiscal Year End 09-
30-91 requirements.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
FIRST READING OF ORDINANCE 0-91-21 )
REGARDING AIRPORT ZONING
REGULATIONS
Approved For Submittal
City Manager . ~'
Agenda Number:
0
Dept. Origin: Community Development
Date Submitted: 01/16/92
For Agenda Of:
01/22/92
Exhibits:
Ordinance 0-91-21
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of January 8, 1992, the City Council
reviewed Ordinance 0-91-21 regarding the State of Florida mandate
(F.S.333) to require the City to amend our land development regulations
concerning airport zoning. Since this ordinance affects more than 5
percent of the total land area within the City of Sebastian, two public
hearings will be required prior to adoption of the ordinance (F.S.
166.O41).
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-91-21 and set the first
public hearing for February 12, 1992 and the second public hearing for
February 26, 1992.
ORDINANCE NO.= O-91-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING ARTICLE V,
SECTION 20A-5.15 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN, RELATING TO AIRPORT
HAZARDS AND USES OF LAND IN AIRPORT
VICINITIES; PROVIDING REGULATIONS RESTRICTING
THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR REGULATIONS
RESTRICTING AIRPORT LAND USE; PROHIBITING
RESIDENTIAL CONSTRUCTION WITHIN NOISE IMPACTED
AREAS IN PROXIMITY OF THE AIRPORT; PROVIDING
PROCEDURES FOR GRANTING VARIANCES~ PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY~
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 333.03, Florida Statutes requires every
political subdivision having an airport hazard area within its
territorial limits to adopt, administer and enforce airport zoning
regulations for such airport hazard areas; and
WHEREAS, the City of Sebastian, Indian River County, Florida,
pursuant to Section 333.03(1)(a), Florida Statutes, adopted zoning
regulations with respect to the Sebastian Municipal Airport; and
WHEREAS, recent amendments to Chapter 333 of the Florida
Statutes, provided, among other things, for the regulation of land
uses in the vicinity of airports; and
WHEREAS, the City is required to revise its airport zoning
regulations in order to take into account such changes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The following definitions shall be added to
Section 20A-5.15A of the Land Development Code of the City of
Sebastian:
/J. OlO
"Climb Gradient. An aircraft instrument
departure procedure requiring adherence to a
minimum climb, slope or grade expressed in
feet per nautical mile.
Minimum Vectorin~ Altitude. The lowest above
mean sea level altitude at which aircraft
operating on instrument flight rules will be
vectored by a radar controller, except when
otherwise authorized for radar approaches,
departures or missed approaches.
Non-Precision Instrument Runway. A runway
having an instrument approach procedure
utilizing air navigation facilities with only
horizontal guidance, or area type navigation
equipment, for which a straight-in, non-
precision instrument approach procedure has
been approved or planned, and for which no
precision instrument approach facilities are
planned or indicated on an appropriate civil
or military airport planning document.
Nonstandard Take-Off Minimums. Conditions of
existing weather required for take-off a~ an
airport which exceed the standards prescribed
in Federal Aviation Regulations Part 91.
Precision Instrument Runway. A runway having
an instrument.approach procedure utilizing an
instrument landing system, microwave landing
system or a precision approach radar including
a runway for which such a system is planned
and is so indicated 'on an approved civil or
military airport layout plan, other FAA
planning documents, or comparable military
service planning documents."
Section 2. Section 20A-5.15B6 of the Land Development Code
shall be amended to read as follows:
"6. Transitional Zone. An area extending
outward from the sides of each primary zone
and approach zone connecting them to the
horizontal zone and an area outward 5,000 feet
horizontally or until intersection with the
conical zone from the side of that portion of
the approach zone of a precision instrument
runway extending through and beyond the
conical zone. No structure or object will be
permitted within the transitional zone greater
2
in height than the.primary or.approach zone at
their adjoining boundary lines increasing at
a rate of one (1) foot vertically for every
seven (7) feet horizontally, with the
horizontal distance measured at right angles
to the runway centerline and extended center-
line, until the height matches the height of
the horizontal zone, or the height of the
conical zone for a horizontal distance of
5,000 feet from each side of that part of the
approach zone for a precision instrument
runway extending beyond the conical zone."
Section 3. Section 20A-5.15B7 of the Land Development Code
shall be amended to read as follows:
"7. Other Areas. in addition to the height
limitations imposed within this section, no
structure or obstruction shall be permitted
within the City of Sebastian that would cause
a minimum descent altitude, minimum
obstruction clearance altitude, minimum
vectoring altitude, or a decision height to be
raised nor which would impose either 'the
establishment of restricted minimum climb
gradients or nonstandard take-off minimums for
a runway at 'Sebastian Municipal Airport."
Section 4. Section 20A-5.15C of the Land Development Code
shall be amended to read as follows:
"C. %~port Land Use Restrictions.
1. Notwithstanding any other provision of
this section, no use may be made of land or
water within any zones established by this
section in such manner as to interfere with
the operation of an airborne aircraft. The
following special requirements shall apply to
each permitted use:
a. Ail lights or illumination used in
conjunction with street, parking, signs or use
of land and structures shall be arranged and
operated in such manner that it zs not
misleading or dangerous to aircraft operating
from a public airport or in vicinity thereof.
b. No operations from any type shall
produce smoke, glare or other visual hazards
3
within three (3) statute miles of any useable
runway of a public airport.
c. No operations from any type shall
produce electronic interference with
navigation signals or radio communication
between aircraft, the airport or other air
traffic control facility.
d. Within any airport primary zone or
within any runway approach zone area where the
zone height is fifty (50) feet or less above
the end of the runway, no operations from any
type shall involve the storage, distribution
or manufactUre of flammable, explosive, toxiC
or other hazardous materials. This
restriction shall apply to those materials in
a quantity or of a type which if exposed to an
aircraft accident would further jeopardize the
safety or health of the aircraft, occupants,
occupants of facilities in the vicinity, by-
standers and emergency personnel, or would
prevent, delay, limit or otherwise curtail
appropriate response actions by emergency
personnel.
e. Within any airport primary zone or
within any runway approach zone area where the
zone height is fifty (50) feet or less above
the end of the runway, no operations from any
type shall involve the congregation of people
for either short or long-term purposes. This
restriction shall apply to any use involving
individuals who by their numbers, condition,
age or other factor, should they be exposed to
an aircraft accident, might escalate the
resultant effect to disaster of major
proportions.
2. Solid Waste Disposal Sites ("Sites") shall
be considered as a non-conforming use if
located within areas established for the
airport through the application of the
following, criteria:
a. Sites located within 10,000 feet of
any runway used or planned to be used by
turbojet or turbo prop aircraft.
b. Sites located within 5,000 feet of
any runway used only by piston type aircraft.
c. Any Site located so that it places
the runways and/Or approach and departure
patterns of an airport between bird feeding,
water or roosting areas.
d. Sites outside the above perimeters
but still within the lateral limits of the
airport zones described in section 20A-5.15B,
will be reviewed on a case-by-case basis by
the Board of Adjustments.
3. Residential construction shall not be
permitted within an area contiguous to any
airPort measuring one-half the length of the
longest runway on either side of and at the
end of each runway centerline of such airport.
Notwithstanding the foregoing limitations, if
the property owner provides the City with a
perpetual avigation easement for the airspace
above the ground level of the entire parcel of
real property owned by the property owner upon
which residential construction will be
situate, in a form which reasonably precludes
the property owner and his/her/their/its
successors and assigns from commencing or
maintaining a successful action for
condemnation (inverse or otherwise) resulting
from the aviation activities arising from the
airport, as determined by the City Council on
the advice of the City Attorney, then the area
where residential construction would otherwise
be precluded pursuant to this paragraph 4 may
be reduced to the extent that restrictions
contained in this Section and elsewhere in the
Land Development Code and the Code of
Ordinance are not violated."
Section 5. Section 20A-5.15D of the Land Development Code
shall be amended to read as follows:
"D. Variances.
1. Any person desiring to erect any
structure, increase the height of any
structure, permit the growth of any tree, or
otherwise use his property in violation of the
airport zoning regulations prescribed in this
section, or any land development regulation
adopted pursuant to the provisions of Chapter
163, Florida Statutes, pertaining to airport
land use compatibility, may apply to the Board
of Adjustment for a variance from the zoning
regulations in 'question. At the time of
filing, the applicant shall forward a copy of
his application for variance by certified
mail, return receipt requested, to the Florida
Department of Transportation (the
"Department"), Aviation Office, M.S. 46, 605
Suwannee Street, Tallahassee, Florida 32399-
450. The Department shall have 45 days from
receipt of the application to provide comments
to the applicant and the Board of Adjustment.
If the Department fails to provide its
comments within 45 'days of receipt of the
application, its right to comment is waived.
The Board. of Adjustment may proceed with its
consideration of the application only upon the
receipt of the Department's comments or waiver
of that right as demonstrated by the filing of
a copy of .the return receipt with the Board
showing that the 45 days have elapsed.
Additionally, no application for a variance
may be considered unless the applicant shows
evidence that the requirement for notice of
construction or alteration under Title 14,
Code of Federal Regulations, Part 77, has been
complied with.
2. A variance may only be allowed where a
literal application or enforcement of the
regulations provided in this section would
result in practical difficulty or unnecessary
hardship and where the relief granted would
not be contrary to the public interest but
would do substantial justice and be in
accordance with the spirit of the regulations
provided herein. Provided, however, a
variance may be allowed subject to any
reasonable conditions that the Board of
Adjustment may deem necessary to effectuate
the purposes of this section.
3. In granting a variance under this section,
the Board of Adjustment shall, as a specific
condition, require the owner to mark and light
the structure or growth to indicate to
aircraft pilots the presence of an
obstruction. Such marking and lighting shall
conform to the specific standards established
by Chapter 14-60, Rules of the Department of
Transportation and Federal Aviation
Administration Advisory Circular 70-7460-1H,
as amended."
6
Section 6. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 7. CODIFICATION. It is the intention of the City
Council'of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Land Development Code of the
City of Sebastian, Florida; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and the
word "Ordinance" may be changed to "Section,.. "Article" or other
appropriate designations.
Section 8. SEVERABILITY.
jurisdiction shall hold or
In the event a court of competent
determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 9. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
. The motion was seconded by Councilman
and, upon being put into a vote, the vote
was as follows:
7
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
I HEREBY CERTIFY that notices of public hearings on this
Ordinance were .published in the Vero Beach Press Journal as
required by State Statute, that the notice requirements of Section
166.041(3)(c)2. of Florida Statutes were complied with, that two
public hearings were held on this Ordinance at 7:00 p.m. on the
day of , 1991, and at 7:00 p.m. on the
day of , 1991, and that following said public
hearing~"'.this Ordinance was passed by the City Council.
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
Approved as to Form and Content:
Charles Ian.Nash,
City Attorney
8
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
FIRST READING OF ORDINANCE O-92-O1 )
REGARDING CHILD CARE FACILITIES )
)
)
Approved For Submittal By: )
City Manager ~-n~,/~/7/~
)
)
)
)
)
) Agenda Number:
Dept. Origin: Community Development
(BC~
Date Submitted: O1/O2/92
For Agenda Of:
01/22/92
Exhibits:
Ordinance 0-92-O1.
Memorandum from P & Z dated 1/17/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of December 18, 1991, the City Council approved the
City Attorney to draft an ordinance amending Section 20A-6.1.C.3.b(6) of
the Land Development Code pertaining to the minimum fenced area that must
be available for useable outdoor recreational purposes at a child care
facility. The majority of the City Council agreed to utilize 45 square
feet per child as the minimum standard for the outdoor fenced area. The
Planning and Zoning Commission held a public hearing on the 16th of
January.
RECOMMENDED ACTION
Move to approve first reading of Ordinance O-92-01 and schedule the public
hearings for February 12, 1992 and February 26, 1991.
ORDIN~NCE NO.: O-92-0'~
~N ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY~ FLORIDA, AMENDING ARTICLE VI OF THE L~ND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO
CONDITIONAL USE CRITERIA FOR CHILD CARE FACILITIES;
~/~ENDING SECTION 20A-6.1.C.~.b.(6) OF THE L~ND
DEVELOPMENT CODE PERTAINING TO THE MINIMUM FENCED AREA
THaT MUST BE AVAILABLE FOR USEABLE OUTDOOR RECREATION
PURPOSES AT A CHILD CARE FACILITY; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE L~NDDEVELOPMENT
CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVEEABILITY
CLAUSE; ~tND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the city Council of the city of Sebastian has
determined that it is in the best interests of the City and its
citizens that the current conditional use criteria for a child care
facility be modified to reduce the current amount of useable
outdoor recreation area in order to allow for the increase of child
care facilities, while retaining standards that maintain the
suburban character of the City of Sebastian area; and
WHEREAS, the City Council of the City of Sebastian has
received input at the December 18, 1991 city Council Meeting as to
the proper criteria that would achieve the objectives of the City
Council to utilize standards that provides for quality child care
facilities which do not prevent the expansion of additional child
care facilities needed for the children of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN~ INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 20A-6.1.C..3.b.(6) of the Land
Development Code of the City of Sebastian is hereby amended by
deleting the existing Section 20A-6.1.C.3.b.(6) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"(6) A fenced area of usable outdoor recreation area of not
less than forty-five (45) square feet per child (based on the
maximum capacity of the child care facility as determined by the
applicable Florida laws) 'shall be provided and such area shall be
delineated on the site plan submitted at the time the application
is filed. For purposes of this provision, the term "usable outdoor
recreation area" shall be limited to the following:
(a) That area not covered by building or required off-
street parking spaces, which is fenced and screened
from adjacent property boundaries.
(b) That area outside the limits of the front yard
setbacks.
(c) Only that area which can be developed for active
outdoor recreational purposes.
(d) An area which occupies no more than eighty percent
(80%) of the combined total areas of the rear and
side yards."
Section 2. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City
Council of the city of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
- 2 -
shall become and be made a part of the Land Development Code of
the City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section .4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the city of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
Councilman
the vote was as follows:
The motion was seconded by
and, upon being put to.a vote,
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
- 3 -
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by Florida Statutes, that one public hearing was held on this
Ordinance at 7:00 p.m. on the__ day of , 1992, and
that following said public hearing this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 4 -
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
January 17, 1992
TO: Mayor and City Council
FROM: Planning and Zoning~.
RE- 0-92-01 Child care centers plaYground area
At the regular meeting held on January 16, 1992, the Planning
and Zoning commission held a public hearing on the above
mentioned ordinance. After this hearing the following motion
was made.
A motion to recon~end to City Council that 0-92-01 be
approved with two gran~natical changes to page one which are:
Paragraph one, fifth line remove the word "the" between for
and increase. Also in Paragraph two change the word for in
the last line to "by". The motion passed five to two.
:, ~ ~' ',.~?. ?%.: _-.'~
¥, '". ~'. :,~.~"".~gt, J"v
-.. ,.,,~'.;,.,-i¢,~';;,?.;:-~?.>'/
'-%. ?:"~'":.
SENATOR PATSY ANN KURTH
l~h Dlst~
January 17, 1992
THE FLORIDA SENATE
Tallaha$$ee, FIo~id~ ~1100
City of Sebastian
Planning and Zoning Board
1225 Main street
Sebastian, Florida 32958
Dear Members:
It has been brought to my attention that the Learning Nest Child
Development center has applied for a variance with the City of Sebastian
in order to expand their playground. I would like to request that you
give every consideration to their request.
The acce~sfbility of child care within our state is a growing problem.
i believe that all working parents should be able to provide quality
child care for their children, since all the children served by the
cente~ will never be on th~ playground at one time and the space they
are requesting is twice what is required by the state, I hope that a
solution can be found that would be suitable to all concerned.
If I can be of any further assistance to you, please do not hesitate to
contact me.
Sincerely,
Patsy Kurth
Senator
PAK/gep
GWEN MARGOLIS
President
REPLY TO: ~ 2174 H~rt~ Aven~, N,E,, ~ui~ 1-8, Palm ~ay, F~h~ ~ (407) ~I
~ ~8 ~nete ~ ~ing,
WINSTON W. GARON~R, JR, JOE BROWN
Presl~nt Pro Temple
WAYNE W. TODD, JR,
Sergeant at Arms
TITITAL. P. 13~,
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
OrdinanceNo. 0-92-02
New Year's Day - Alcoholic
Beverage Sales - Expanded
Hours
APPROVED FOR SUBMITTAL BY:
City Manager: ~~
) Dept. Origin Ci~ Clerko~x~
)
) Date Su~x~itted 1/6/92
)
) For A~enda Of 1/22/92
)
) Exhibits: 0-92-02
Petty Memo dated 1/6/92
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: B~: REQUIRED:
SUMV~RY STATS~E3~T
The City Council, by consensus at its December 30, 1991, Special Meeting,
requested an amendment %o%he Code of Ordinances to allow the sale or
consumptic~of alcoholic beverages on NewYear's Day until 3:00 a.m.
Ordinance No. O-92-02, as submitted by the City Attorney, is attached for your
consideration.
~ED ACTION
Move to approve Ordinance No. 0-92-02 on first readin~ and schedule public
hearin~ for February 12, 1992.
ORDINANCE NO. 0-92-02
~ ORDINANCE OF THE C~TY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDAt PERTAINING TO ALCOHOLIC BEVERAGES~
~HENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN~ AMENDING SECTION 4-2 TO EXPAND THE HOURS
OF 'SALE OF ALCOHOLIC BEVERAGES PERMITTED ON NEW YEAR'S
DAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES~ PROVIDING FOR SEVEHABILITY~
AND PROVIDING FOR]tN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORID~ that:
SECTION 1. Section 4-2 of the Code of Ordinances of the City
of Sebastian is hereby amended in its entirety to read as follows:
"Sec. 4-2. Prohibited hours of sale; New Year,s Day hours.
(a) Except as permitted pursuant to Paragraph (b) of this
Section 4-2, no alcoholic beverages shall be sold, consumed,
served, permitted to be sold, permitted to be consumed, permitted
to be served, offered for sale or offered for consumption, at any
location where alcoholic beverages are permitted to be sold or
consumed pursuant to a license or permit issued by the State of
Florida, Department of Business Regulation, Division of Alcoholic
Beverages and Tobacco, within the city limits of the City of
Sebastian, during the following hours of each of the following
days:
(1) Between the hours of 1:00 a.m. and 7:00 a.m. on
Sundays;
(2) Between the hours of 12:01 a.m. and 7:00 a.m. on
Mondays;
(3) Between the hours of 1:00 a.m. and 7:00 a.m. on
Tuesdays;
that the provisions of this ordinance shall become and be made a
part of the Code of Ordinances of the city of Sebastian, Florida;
that the sections of this ordinance may be renumbered or relettered
to accomplish such intention; and that the words "ordinance" may
be changed to "section", "article", or other appropriate
designation.
SECTION 4. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of the Ordinance shall not be
affected and it will be presumed that the City Council of the City
of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon
passage.
final
(4) Between the hours of 1:00 a.m. and 7:00 a.m. on
Wednesdays;
(5) Between the hours of 1:00 a.m. and 7:00 a.m. on
Thursdays;
(6) Between the hours of 1:00 a.m. and 7:00 a.m. on
Fridays;
(7) Between the hours of 1:00 a.m. and 7:00 a.m. on
Saturdays;
(b) Notwithstanding the provisions of Subsection (a) to the
contrary, alcoholic beverages may be sold, consumed, served,
permitted to be sold, permitted to be consumed, permitted to be
served, offered for sale or offered for consumption, at any
location where alcoholic beverages are permitted to be sold or
consumed pursuant to a license or permit issued by the State of
Florida, Department of Business Regulation, Division of Alcoholic
Beverages and Tobacco, 'within the city limits of the city of
Sebastian, on New Year's Day (January first) between the hours of
12:01 a.m. and 3:00 a.m., in addition to the hours otherwise
allowed."
SECTION 2. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Council of the city of
Sebastian, Indian River County, Florida, and it is hereby provided
2
The foregoing Ordinance was moved for adoption by Councilman
The motion was seconded by
Councilman
and, upon being put to a vote,
the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this ordinance duly passed and
adopted this
day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1992, and
that following said public hearing this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
SEBASTIAN
POLICE
Earle L. Petty, Chief of Police
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
I I lllll
MEMORANDUM
DATE=
TO=
FROM=
SUBJECT=
January 6, 1992
Robert S. McClary, City Manager
Earle Petty, Chief of Pol~
Police Calls for Service on New Year's Eve
and New Year's Day
As requested by Councilman Peter Holyk, the following is a
breakdown of police calls for the period December 31, 1991
starting at 1600 hours through January 1, 1992 ending at 0800
hours. We received a total of fifteen calls during that
sixteen hour time frame.
December 31, 1991 1600 - 2400 hours
1. Police Service
2. Found Property
3. Disturbance
4. Open Door
1 call
1 call
2 calls
1 call
January 1, 1992
0001 - 0800 hours
1. Unruly Patron (Bar)
2. Suspicious Person
3. Police Service
4. Agency Assist, IRCSO
5. Disturbance
6. Traffic Stop, DUI
7. Fight in Progress
1 call
3 calls
1 call
1 call
2 calls
1 call
1 call
I don't feel that the extended hours of alcohol sales
contributed to these figures, for the reason that people are
going to drink and celebrate the new year regardless of the
hours for alcoholic sales.
If you have any questions pertaining to this memorandum
please contact me at your earliest convenience.
EP/jh
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