HomeMy WebLinkAbout02051992 City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
January 27, 1992
Mr. John Olbermann
1950 South U.S. Highway One #84
Veto Beach, Florida 32962
Dear John:
i like -this idea. We need a good firing range and recrea%ion
area. The area along Roseland Road, is %his near the Kashi
Ranch? I would like to see this area benefit from this idea.
will help in any way I can. Keep me posted.
Sincerely,
W. E. Conyers
Mayor
wEc:js
JOHN OLBERMANN
1950 SOUTH U.S. HIGHWAY ONE #84
VERO BEACH, FL 32962
407-770-0294 ~
1. 250 plus acre World class, state of the art shooting range.
2. County or State owned and operated.
3. Self-supporting.
4. Pellet Gun to high power rifle (1000 yards). Plus pellet gun building.
5. Elaborate, state-of-the-art "Hogan's Alley", primarily for Police and
Military personnel usage.
6. Small concrete block house for resident security and/or Range Officer.
7. Covered stations, generous overhang.
8. Archery range area.
9. Archery action area.
10. Lighted for night shooting.
~ 1. Observation areas behind firing lines.
12. Picnic area, Ramada type with concrete tables similar to Vero Beach
Riverside Park tables.
13. Childrens' activity area (supervised-)
14. Recreation Vehicle (R.V) area. Utilitie~ to include electric, potable
water and sewer connections.! ~
1 5. 12 ' lane roads with shoulders to match.
16. More than adequate toilets, with special attention to ~ and
children's facilities.
17. Water fountains (refrigerated.)
18. Restaurant, elevated, glass-walled observation. Contracted to a reputable
concessionaire.
19. Convenient and adequate parking, including prcminent andconvenient
disabled parking.
20. All of theabovewheelchairanddisabledfriendly-
LISTED BELOW ARE SOME OF THE ACrMTIES THAT WOULD USE A WORLD CLASS SHCCqXNG
RANGE:
Local, State, National and International Tournaments and Competitions.
Olympics.
Disabled Competitions and Tournaments.
IPSC Competitions.
Bianchi Cup.F
National Police Shooting Championships.
Charity Cc~petitions.
U.S. National Wheelchair Tournaments.
Soldier of Fortune Conventions and Competitions.
Paint ball competitions.
Biathlons ·
Triathlons.
Conventions (Shooting.)
Substitute for Camp Perry.
Civil War Reenactments.
WW Ii Reenactments.
Vietnam Reenactments.
Pro Shop.
Movie making location.
Tourist trade build-up.
Patronage to hotels, motels, restaurants, etc.
Listed below are some, but by no means all, of the facilities available
to residents and visitors of Indian River County. Many millions of dollars
have been invested in these facilities and they are used and appreciated.
However, there are i literally thousands of gun owners who have no shooting
range where they can legally and safely use firearms.
I urge that a concerted effort be made to acquire the necessary acreage and
build a range that will attract shooters frcm around our county, state,
country and world.
It is reported our country is becoming more and more s. ervice-oriented. The
day when w~ can expect "clean, quiet and job providing' industry" is probably
over. So what better facility to invest in~ than one that will draw visitors
frcm everywhere. The side benefits to our tourism trade will be in the ma~noth
category.. The "Indian River Rang~': would be recognized world-wide.
Indian River P~ulatic~: 91,375
1990 Tourists: 529,000
3 Airports.
4 Theaters.
50 Park and recreation areas.
8 Public golf courses.
3 Museums.
9 Beach areas.
4 Boat launching ramps.
0 Shooting Range.
Brevard County
River Co
Wabasso
C.R.510
Giff¢
Vero
Beach
Oslo
p~.,,kx~r~. / Angea
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
TO:
FROM:
RE:
February 5, 1992
W. E. Conyers, Mayor & Sebastian city
Robert S. McClary~--~
Police Station Facade
Council
staff has solicited a proposal from Barth Construction, Inc., to
erect an entrance canopy on the new police station. The canopy
would include a roll tile similar in style and color to city
Hall. The price for this additional work would be $2,925. For
your information, I have attached a copy of Mr. Barth's proposal
as well as a cross section sketch of the proposed improvement.
Given the status of the police station construction, I will be
requesting the city council to add this item on the Workshop
Agenda of February 5, 1992.
/jmt
Attachment
Gener~ Coi-~[,'act0r
'February 4,
Mr., B~a~e. Cooper.' .......
"!ci~/ of :..'S.eb.astian.,.
.... ~.~'P.O.: Box -780127" ,. '
Seba6~ian, ~ .32978
,,, Dear. B~ce=
1992"
Sebastian Police'Dept,
PROPOSAL -'
inst".~il'Gory V.anguard Concrete Roll T~le, ·supply & ~nstall
alumtnum flashings,', according".tO ske'hch~.dat~ .~'~22-92..'
,,'AN~.,.S~gCCO. ON ]~¢U BNa. $, 230'.00
1,152.00
"260.00
57
" 4) ROOFING
,CoNTRAcToRs
~OND & INSURANCE
....... B) COX~RACT TXM~, ;" NO CHANGE
DAX$.
c.) z~xs .p~oPoS~m zS: IN m. rzcz FO~ s
President
"1717 Indi~ R[ve~ Boul'evsrd "Suite ,~0,2A" Veto .Beach, Flodda 32960'
407/778,3072 a Fax 407/770-3017 ,, . ....... "
,/
//
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
February 3, 1992
TO:
FROM:
RE:
Mayor Conyers, City Council Members, City Manager,
City Attorney, City Engineer, Director of Community
Development
Sally A. Maio~
Deputy City C~rk
February 5, 1992 Workshop - Agenda Item #92.024 -
Laconia Street Improvements - City Manager Letter
dated 1/30/92 to Mr. Harvey Ziegler
It has been brought to my attention that page one of the above
referenced letter is not included in your agenda packet.
Please find page one attached.
I apologize for the inconvenience.
sam
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
January 30, 1992
Via Fax
Mr. Harvey Ziegler
842 2nd Avenue, South
Tierra Verde Island, Florida 33715
Re: Sebastian Lakes
Dear Harvey:
At its Regular City Council Meeting of January 22, 1992, the City
Council adopted a motion to allow Chase Bank of Maryland, as
owners of the Sebastian Lakes project, fifteen (15) days to
accept one of the City's proposals to enter into a contract for
the improvement of Laconia Street and dedication of a right-of-
way for the extension of Roseland Road through the Sebastian
Lakes property to intersect with Laconia Street. That fifteen
(15) day period will end on February 6, 1992 and staff plans on
making a verbal progress report to the city Council at the
Workshop Meeting of February 5, 1992.
In your fax of January 28, 1992, you ask if the fifteen (15) day
period was essential. It is. However, we understand that you
may have little or no control over obtaining approvals from
Indian River County on the alignment. What we do expect is your
commitment to accept one of the City's proposals or to reach an
acceptable alternative.
In reviewing the project, staff would recommend the City
council's acceptance of the following:
1. Developer dedicates an eighty (80) foot right-of-way to
extend Roseland Road to Laconia Street. If you plan to use the
current alignment, then the City would vacate Tract "B" and
developer will relocate portions of the sewage treatment plant
which would be within the right-of-way. If you want the
alignment to be Tract "B" (or in general proximity thereof)
developer would increase the right-of-way width to eighty (80)
feet and the alignment would meet FDOT "Green Book" standards at
the two (2) intersections of Laconia Street and CR 512.
Additionally, since CR 512 is a County road, developer would
agree to dedicate a right'of-way meeting with Indian River County
approval. Also, if Tract "B" were to be used, developer would
agree to dedicate a right-of-way for access from Roseland Road
Extended to the Indian River County Library property.
1991
EMPLOYEE RECOGNITION
ANNIVERSARY DATE:
09/24/81
05/18/81
ANNIVERSARY DATE:
03/27/86
04/30/86
12/15/86 --
02/10/86
06/30/86
12/08/86
o6/19/86
03/06/86
EMPLOYEE OF THE QUARTER
O~T., NOV.. DEC.
DORIS LEE, COMPUTER OPERATOR
FINANCE DEPARTMENT
EMPLOYEE OF THE YEAR
JAN KING, ADMINISTRATIVE SECRETARY
COMMUNITY DEVELOPMENT
10 YEARS pF SERVICE
EMPLOYEE NAME
WILLIAM RUETEMAN
JEAN TARBELL
POSITION
P/W - MW III
C/M ADMiN. ASST.
YEARS DF SERVICE
EMPLOYEE NAME
LEE BACON
ELEANOR HORVATH
DENNIS HOVASSE
SALLY MAIO
GARY NICHOLAS
KATHRYN M. O'HALLORAN
WILLIAM RENDER
SCOTT SHERBROOK
POSITION
ASST. G/C SUPT.
G/C ADM. SEC.
POLICE INVESTIGATOR
DEPUTY CITY CLERK
G/C EQUIP. OPERATOR
CITY CLERK
POLICE INVESTIGATOR
POLICE SERGEANT
EMPLOY E OF TttE
E ~ P- computer system
_. _...~,er, th~ ~C _a~ Doris Lee,
tober and. early ~°7;~;1e payrO)l,~e~;Te~ payrO~
In late Oc _ _-~ucted $ear _,-,,cted auu ~'~ . -,~w to proces~
crash . ~ ~era[~-, ..... ~tem w~'d -_,~ ~as
me compute~ ~('~ The NC~ s~_~j~s unf¢ Ce aa~,~, computer
J2~ the enf~e Sea('-~al 1edger e~j~n,~ m correct ~.~a 6reelS.
The mag}'}~earlX non-Stag ~'~oriS neither s°~d of the pos~UOU.
exemplars .~o *or what was, ~"-
compensation ~
: urcnaSeu ~ -rif~ced e~e
., City has P :_ · ling[~ sac ._ ~a msftng as
Mot r -.~,~m and D . ,_~dwa~¢ ~" --
compute J. m asstst m p _,a set-uP. D ._ ~ersOnng on
,,,eek-end nme __ installatiOn a,~. ohe can ~am v note has
learffmg m~ "d assist o~er °¢~.av but has eau ~.~ aOpIicaUOnS
apPIiCa6OnS ~p~ Ce City since :,~'~ersO¢ C°mpu~5~fi¢;' ~e new
and ~51ltt~, ~er deoicauu". :ntereS~ ot
mM ssstem- ~ _~, time for me t -,~ for
erefore deserWm~,
t~F THE
has bee ~ = of the ~at Jan
~Urrentl~, _n an emil- ~ Awar~g be awar~_-
Serve_TM Divi~ ~'~lnistr~2'/ue Feb-.-
~ SeCret~°mmunitv ~tetary f~m. and is -
-fy to th~ ~eVelopm~'~ the Bu~,~rvin~
PUbli~-e~test a - ·
She ~ felatio.~ttfxbute ~
te~~ ~n ch._''~ w~th t~TMher c ....
_ =n~ica; _ ~rge of = ~e gen~
Permits i ?er~its - ~suin~ '~[=~al pu~~ and
' Which o~_~Uoh as ~.~ rece~J~O and cf~%cient
Ov ..... ' ~siSt ~Ulldi . ~ylng a · ~"craCto
· ,uc Woru ~us ass~-~ ~ until ~c ~ Per
afloa~ ~ .out. ~_ ~uants .~ ~ue hi-=
"UrSelf. ~=Y' thi~ tur One ~_~ ~Uzi
~ nas mean~e~Son or ~n~/, Jan ha~
~eeping th~Ch~t did~
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
RESIGNATION OF GERALD CAREY
FROM THE CONSTRUCTION BOARD
Approved For Submittal By:
City Manager
Agenda Number: ___~'~
Dept. Origin: ~_Development_
(BC~
Date Submitted: 01/22/92.
For Agenda Of:
02/05/92.
Exhibits: Letter of resignation
from Gerald Carey dated 01/11/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At a meeting held 1/14/92 of the Sebastian Construction Board, a motion
made by Chairman Laman, seconded by Mr. Capp to accept Mr. Carey's letter
of resignation passed unanimously. Resignation was to be effective as of
1/13/92.
RECOMMENDED ACTION
Move to accept the resignation of Gerald Carey from the Sebastian
Construction Board, effective 1/13/92 with regret.
RECEIVED ,lAN 1 ~1 1992
1/11/1992
To ~ebastian City Council;
It is with regret that I send this letter of resisnation to you.
Due to my work out of 'town in another county, ] do n(]t feel ! can
devote the time needed to be chairman o~ the Seba~-tian Construction
Br_'~ard. Wi'th thi~ in znind I .~.-_nk you to please accept this letter of
resi~nation eff. ecttve 3anua!'y 1~, 3.992,
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Employees' Retirement Plan
Prudential Insurance
Approved for Submittal By:
City Manager ~ '
) Agenda No.
) Dept. Origin Finance (MLH)
)
) Date Submitted: January 20, 1992
)
) For Agenda Of February 5, 1992
)
) Exhibits: Letters from Prudential:
) Pension Services, &
) Servicing Agent
Expenditure Amount Appropriation
Required: -0- Budgeted: Required:
SUMMARY STATEMENT
Presently, the City' employees participating in the retirement plans are covered under
one of two defined contribution pension plans. We have been notified that the
Prudential, the older of the two plans, will not continue to render plan administration
services beyond the fiscal year ended September 30, 1991. The City, therefore, must
either administer the plan themselves (not advisable), find a new plan administrator, or
discontinue the Prudential plan and offer only the current ICMA plan now in effect for
the majority of the employees.
The Prudential plan offers only individual fixed or variable annuities as investment
vehicles, and these contracts are in the names of each participant. There are only three
active participants in the Prudential plan, and only thirteen total participants in the plan.
The Prudential has recommended Southern Pension Systems, Inc. as administrator of
the plan and I have, accordingly, contacted them as to their services and related costs.
The cost to change administrators is $500, an annual fee of $750 plus $25 per
participant, and various charges for other services that may be required. The City's
auditors have reported to me that the individual earnings do not support the costs of
administration.
Termination of the plan would immediately fully vest all current participants and would
then freeze the individual plans to protect their tax deferred status. There would be no
continual costs of administration, and the employees could participate in the ICMA
plan if they so chose. There would be no hidden or "trailing" charges to the employees
for terminating and freezing the plan. Of course, employees cashing their fully vested
plans prior to retirement age would cause possible tax penalties and potential "trailing
service fees".
RECOMMENDED ACTION
Approve termination of the Prudential plan.
ThePrudenbal
Sylvia L. Garvin
Vice President, Individual Pension Services
The Prudential Insurance Company of America
Eastern Home Office
P.O. Box 561, Fort Washington, PA 19034
215 784.3O3O
July 31, 1991
Mr. Robert McClary
City of Sebastian
Main Street
Sebastian, FL 32978-0127
Re~ Plan File No. 4911J
Dear Mr. McClary:
Effective with your pension plan year beginning October 1, 1991, we will not be
able to renew our plan administration service agreement. You are a valued client
of Prudential, and we regret any inconvenience this business decision may cause
you.
Prudential will complete the 1990 Form 5500 and other plan services under the
agreement for the plan year ending September 30, 1991. Some of these services,
including the 1990 Form 5500, are not completed until some time after the end of
the 1990 plan year. For Prudential prototype documents, we will also complete
the Tax Reform Act of 1986 (TRA '86) amendment'process once Prudential's revised
prototype documents are available.
We will continue to service Prudential products used to fund your retirement
plan. Your Prudential Representative can help you find a new plan administration
service in addition to providing you a broad range of financial services.
Please feel free to get in touch with us if we can help in any way.
~-~President, Individual Pension Services
SLG/lae
ThePrudentml
The Prudential Insurance Company of America
City of Sebastian
PO Box 780127
Sebastian, Fi. 32978
Attn: Mike Hudkins
Dear Mike,
As per our conversation on 12/12/91 concerning your pension
~ 4911J.
The contracts under this plan are in individual annuities in
the names of each participant. They are owned by City of
Sebastian.
if you choose to discontinue any furthur payments into the
plan, the contracts will continue to grow and there will be no
other charges to these accounts other than the present annual
administrative expense.
If you have any further questions, please call.
Sincerely,
Jack R Kown CLU, CHFC
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREES
FROM SCOTT & DONNA BURTREM
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
(BC)-~.
Date Submitted: 1/24/91
For Agenda Of:
2/05/91
Exhibits:
Memo from G. Bonacci dated 1/23/92,
Application for tree removal
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of May 22,
1991, the City of Sebastian Building Department requires a tree removal
permit to be obtained prior to removal of trees. The applicants, Scott
and Donna Burtrem, are requesting removal of two speciman trees on their
property at 220 Midvale Terrace (Lots 19 & 20,, Block 380, Sebastian
Highlands Unit 11). One tree is located in the drainfield area and one
tree is near the foundation of the house with large limbs overhanging the
roof. The applicants have agreed to replace all removed trees with oak or
maple trees in m~re suitable locations on their property.
RECOMMENDED ACTION
Move to approve the removal of two pine trees over 20 inches in diameter
located on Lots 19 & 20, Block 380, Sebastian Highlands Unit 11.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
M E M O R A N D U M
DATE:
TO:
FROM:
SUBJECT:
January 23, 1992
Robert McClary
City Manager
George Bonacci
Chief Building Inspecto
Specimen Tree Removal
220 Midvale Terrace
On January 22, 1992, i did an inspection at 220 Midvale
Terrace (Lots 19 & 20, Block 380, Sebastian Highlands
Unit 11) for Scott and Donna Burtrem regarding their request
to remove four pine trees from their property.
Two of the trees are specimen trees and will require City
Council approval.
The 22 inch diameter pine tree on the west side of the house
has the drainfield wrapped around it. This could cause
problems in the future regarding the septic system.
The 22 1/2 inch diameter pine tree on the north side of the
house is 8 feet from the foundation of the house and has
large limbs overhanging the house. These pine trees are by
nature very brittle and the lower limbs continue to break
off.
I recommend approval of the applicant's request to remove
the two specimen trees.
I have approved removal of two other pines (both are 15
inches in diameter) located on the east side of the lot
between the house and garage. These trees are close to the
foundations with large limbs overhanging both structures.
The applicant has agreed to replace all trees removed with
oak or maples at more suitable locations on the property.
There are nine other existing trees on this property.
GB: jk
CITY OF ,gEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAI~ AND/OR I~I~LOCAT1ON OF TRF. F.S
ADDRESS: ------ _) ZIP:
PIIONE: .....................................
SUI~-CONTIiAC'rOll:
Al)Df1 ESS: ZIP:
PIIONE:
I'.liaL all. worJ~ w.i_]l be done in complinnce ~i_kh, the
l)~ve.lOl)menL Rode ( 8rtieJe XlV )
.~t-~ - . . . ~ '
.~/~ ~-~
removed nnd/o~ reloenked, lnclicn~e khe upeeie~ of
approval of the Sebastian city Council. A ~urvey
~nd.i. cating all improvements must be submitted in
relation to the removal of the specimen trees.
2. Applicant must tag all specimen trees with a bright
.ribbon around the tree approximately 6 feet above
the grade.
O£fice Use Only
APPRO~JED FOR Pl'.llMIl.: ~YES.~ NO:
IqUST OBTAIN CITY COUNCIl, APPR(.)VAI,: YES:_._j~
iF YES, DATE OF CITY COUNCIl, APPIIUVAb:__
NO:
,,0' 55 °'._,-37
I ~T~. w-oob
1~ ~2o
L c>"i" t ?~
NOTES:
...... ?/._~__CC:~,0 5-~_~'~ 1' Elevations based on
)F SURVEY for: SCOTT D. ^ND:,'DOHN^::*L;?BURTREM,
/'~I',:Tl) SECURITY .TITLE' SERVICES
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUNITY CENTER yes YACHT CLUB no
Name of Renter/prganization Sebastian River Shrine Club
Number of Persons constituting group or organization:
Reason for Rental Potluck Supper and party.
Requested Date February 2~, 1992
Time of Day: From 6:00 pm To 10:00 Dm
Please answer YES or NO:
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorations be put up?
4) Will there be an admission or door charge?
5) Will alcoholic beverages be served? Yes
(a) If answer to #5 is yes -
82
(b)
No
Yes
No
permittee's proof of age F!erida Dr{3zer'~ L~cepse
If alcohol is tO be served, permission is required by the
City Council. Your request will be presented So Council
on
Amount of Rental \~-~. O 0 7% Tax: -
Security Deposit: $ on haxld Total Rental: $ ~Q, O ~
Name of Permtttee: John C. Zartcky
Address of Permittee: 837 Wentworth Street~ Sebastian, FL.
Telephone No.: 589-2924 Date of Application Jan.23, 1992
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE F4~LLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on
by Check #
(date) in the amount of
or Cash
initial
Rental Fee paid on
by Check #
(date) in the amount of
or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Key Pickup Date
Key Return Date
Security Deposit returned by City Check #
amount of on
in the
(date).
Amount kept for damages (if applicable).
\ws-form\rentspp
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST FROM SUPERAMERICA FOR
SPECIAL EVENT SIGNS
Approved For Submittal By:
City Manager
Date Submitted: 01/29/92
For Agenda Of: 02/05/92
Exhibits:
Letter dated 1/28/92 from Robert
Boone
Agenda Number: ~.0~?
Dept. Origin: Communi.tv Development
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
SuperAmerica is requesting permission from the City Council to hang
streamers, banners, and an inflatable SuperAmerica man on the premise.
Section 20A-15.6(F) allows short term special sales promotion, or special
event signs provided they are not placed more than 14 days prior to the
event and such signs shall satisfy the sign area, location, setback and
height requirements of similar type signs placed in the district.
Paragraph 3 of t~is section does permit the applicant to request a waiver
from the City Council. This department and past City Council decisions
have permitted previous temporary signs such as 4 x 8 plywood and banners
but, I am not aware of any case concerning streamers and inflatable
figures. Staff has no objection to the proposed request.
RECOMMENDED ACTION
Move to approve the temporary signs for SuperAmerica as outlined in their
letter dated January 28, 1992.
RECEIVED JAN 2 8 1992
January 28, 1992
City of Sebastian
1225 Main Street
Sebastian, Florida
Dear Councilmen:
I am writing to you to let you know that we are having our "Grand
Opening" on Feb. 6, 7 & 8. During that time we are planning to
hang streamers, banners and have a inflatable SA man on the
premises.
The streamers are approximately 1 ft. by 30 ft. and will be hung
from each pole. The banners are approximately 2 ft. by 6 ft. and
will be placed between the columns of the gas pumps. The
inflatable SA man will be stationary in the NW corner of the
property.
If you have any questions or concerns regarding this, please feel
free to call me at any time.
Robert I. Boone
Manager, SuperAmerica
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST FROM EDWARD J. KENNEDY TO
ABANDON AN ALLEY WAY
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted: O1/28/92
For Agenda Of:
02/05/92
Exhibits:
Letter dated 01/13/92 from Edward J.
Kennedy
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. Edward J. Kennedy is requesting to have the City of Sebastian to
abandon an alley way located adjacent to Lot 1, Block 5, Ocean Breeze
Heights Subdivision and located directly behind the Community Center. The
alley way has not been constructed and is platted with a width of 20 feet
between Jackson Street and Madison Street. The Community Center currently
has a portion of the building located at approximately 9 feet into the 20
foot alley. ---
Due to the existing improvements of the Community Center within the
platted right-of-way, staff has no objection to the request.
RECOMMENDED ACTION
Move to direct the City Attorney to draft the necessary resolution to
abandon the alley way as described above.
ATTORNL~i' AT LAW
5070 NORTH AIA
SUITE 212
VERO BEACH, FLORIDA 32963
(40~ 234~1654
January 13, 1992
The City of Sebastian
Attn: Bruce Cooper
Re:
Abandonment of Alley adjacent to Lots 1 & 2, Block 5, Ocean
Breeze Heights Subdivision
Dear Mr. Cooper,
I am requesting that you submit this letter to the City Council as
my petition for a resolution of abandonment of a certain parcel of
land that borders my property as described above. (See exhibit A)
The City of Sebastian who owns the adjacent property has in fact
treated this parcel as abandoned and has constructed a building
that extends into the Alley way, and has put up a chain link fence
separating their section of the proposed abandoned property. (See
exhibit B) Both of these structures have been in place for many
years.
I am also attaching a copy of a survey of my property (See exhibit
C), which indicates that this alley has always been treated as
abandoned. There are surveyor monuments in place showing a ten
foot median between the properties which is consistent with
dividing an abandoned parcel between neighbors. There are mature
trees, a walkway, and a portion of a septic tank all extended into
the alley.
I am attempting to convert part of my dwelling into a Commercial
Office space and in order to meet the drainage specifications and
other requirements I need to have the parcel of land in question
officially abandoned.
As I stated earlier, The City of Sebastian has already taken their
half of the abandoned Alley and I am requesting that the
abandonment of the entire parcel be placed on record.
Sincerely Yours,
Edward J. Kennedy
,Y TREE T
221
r
r
ACKSON .STREET
!z:~l th STREET:.
--24' ASPHALT"PAVEMENT
(../1
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City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN. FLORIDA 329?8
TELEPHONE (407) 589-~330
FAX 407-589-5570
SUBJECT:
800 MHz Public Safety
Trunking Radio System
Approved For Submittal By:
City Manager
)
)
)
)
)
)
)
)
)
)
)
)
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
2/05/92
Exhibits: Memo to City Manager,
Letter from Mr.'3ohn DiSalvo, Action
Schedule, Department Survey
Letter of Agreement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On May 16, 1990, the FCC approved the Florida Region 9 Plan for Public Safety
Radio Corrmunications, which contains one radio channel in the 800 MHz band alloted
to the City of Sebastian Public Works. This channel was requested by the City
of Sebastian during initial development 'of the plan.
The licensing benchmark date for the City of Sebastian is May 7, 1992. If the
Florida Region ConTnittee does not receive a license application from the City of
Sebastian by that date, the channel will become subject to reallotment to another
agency.
RECOMMENDED ACTION
Review the attached material and provide direction on the action to be taken in
pursuing the 800 MHz licensing benchmark date of May 7, 1992.
SEBASTIA
POLICE
Earle L. Petty, Chief of Police
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
IIII
MEMORANDUM
DATE:
TO:
FROM:
January 23, 1992
Robert S. McClary, City Manager
Earle Petty, Chief of Polic~
SUBJECT: 800 MHz Public Safety Trunking Radio System
Due to the growing problem of radio spectrum shortages and inadequacy of
scattered frequency allocations to meet communications needs between
public safety agencies, Congress passed the Federal Communications
Commission P~ct of 1983.
This legis, lation required the FCC to establish a plan which adequately
en. sured that the need. s of state and local public safety agencies would be
taken into account when the FCC made decisions regar~ting spectrum
allocations.
In July, 1986, following a study of present and .f-pture public safety
communication requirements, ~e FCC allocated the g21-824/866-869 MHz
b. and to public saf6ty and special radio service eligibles. Congress directed
tl~at the new frequencies not be used until a national plan for their utilization
had been adopted.
sAt major component of the national p!an was the subdivision of the U. nited
ates into local planning regions w~tla the State of Florida designated .as
Region 9. The local plan f6r radio spectrum usage was prepared by the
S. ulSregion 4 committee of which Indmn River County is a part. Tiffs was
the committee which received the applications from Indian River County
during plan development approximately two years ago up_on which the
initial allocation of eleven (I1) channels were granted. Of the eleven
channels, five (5) are for Indian River County, five (5) are for the Indian
River County Sheriff's Department and one (1) for Sebastian Public Works.
(Why Public Works and not the P.D., I have no idea).
-1-
Date:
Subj:
Page:
January 23, 1992
800 MHz Public Safety Trunking Radio System
2
The concept FCC adopted is cooperative use of channels in terms of system
configuration. With e]even channels allocated, the system in this county
would have to commit to eleven hundred (1100) units in service or operation
in five (5) years, to retain the allocation after May 7, 1992.
With only eleven channels, the county area is in a position wherein
additional allocations will be needed since there is ~n excess of eighteen
hundred (1,800) units existing in the county now.
As stated above, the licensing benchmark for the county is May 7, 1992. If
the license application for the allotment is not submitted by that date, the
channels willbecome subject to reallotment to other agencies. Failure to
file the application submits t_he coun.ty to the possibility that no channels will
be available for allocation. Since other counties alrea~ty have applications
filed to ot~tain modification or additional channels after the May 7, 1992,
'deadline passes.
Conclusion;
The licensing benchmark date for the City of Sebastian is May 7, 1992. If
the Florida Region Committee does not receive a license apphcation from
the City of Sebastian by that date, the channel will become subject to re-
allotment to another agency: The guidance I need is, do we continue.with a
license application to meet the May 7th deadline or do we terminate the
process at this time and allow Sebastian's assigned channel to be re-allotted
by the state?
If you have~ any questions pertaining to this memorandum please contact me
at your earliest convenience.
EP/jh
Enclosures:
Letter dated January 14, 1992, from Mr. John R. DiSalvo,
Chairman Florida Region Committee
Proposed study and action schedule.
Information required for agency or department survey.
Letter of Agreement for 800 MHZ Public Safety
Trunking Radio Channel.
-2-
January 14, 1992
THE FLORIDA
REGION COMMITTEE
Mr. Doug Wright, Director
Emergency Services
Indian River County
1840 25th Street
Veto Beach, FL 32960
REGION ~ICE L-'IIAIRMAN
Mr, Robert lB. Fe~reiL Comm. En~neer
Bureau of Communications Englneedng
Divis~m ~' Communi~tlom
~ ~. ~D~'~'nt of Oeneral Ser~es
Center'wiew Drive
Knight Building, Suite 110
Tallahessce, P~orida 32399-0950
Licensing Benchmark Date for 821-824/866-869 MHz Radio
Channels Allotted in the Florida - Region 9 Plan for Public
Safety Radio Communications to the City of Sebastian Public
Works.
Dear Mr. Wright:
On May 16, 1990, the Federal Communications Commission
approved the "Florida - Region 9 Plan for Public Safety Radio
Communications" which contains one radio channel in. the 821-
824/866-869 MHz band allotted to the City of Sebastian Public
Works as shown on the enclosed page from the Plan. This channel
allotment was requested by the City of Sebastian during initial
development of the Plan.
After the establishment o~ the original allotments, the
Florida Region Committee set a one-year limit on the length of
time in which channels may remain allotted without being actually
licensed. The purpose o~ this limit is to insure that channels
are not held indefinitely in an unlicensed state. Channel
allotments for which no license application is submitted by the
benchmark date at the end of the one-year period will become
void.
The licensing benchmark date for the City of Sebastian tm
May 7, 1992.-- If the Florida Region Committee does not receive a
license appli~atlon ~rom the City of Sebastian by that date, the
channel will become subject to re-allotment to another agency.
CHAIRMAN, SUBREGION
Mr. P,.{~ Stevens, As~c, D~rector
Emergency Medical Servk:es
Ok~loosa County
Cout~ouse Annex
Sballmar, F}orida 32579
(904) 651-2525 SC
FAX (904) 651-7170
CU,.~ R~IA~I, SUBREGION
Major Roe Dyke
Dhx~ctor'of ^dminlm~rmt{on
Leon County Shed[T, Department
P.O. Box 727
T~llahassce., Florida 32302
FAX (904) 222-6351
CHAIRMAN, SUBR~.GION
Mr. Mark Peltnn~, Mamsg~r
Communi~rlom ~te~
Men.de Poli~ ~paamcnt
5~ ~W. 87~ A~ue
Miam~ ~a 331~
(~)
F~ (~)
CH~, SUBREGION
~c ~ H~ Dir~ror
P.O, ~ 3~
FL My~ ~ 33~
33~24~ ~ 335-Z~
Mr. Doug Wright
January 14, 1992
Page 2
After the May 7, 1992 benchmark date, the Region Committee
will announce a new statewide Filing Window for applications from
agencies needing channel allotments. Following the close of that
Filing Window, all available channels will be re-allotted using a
competitive evaluation process based partly on order of receipt
(the oldest unsatisfied requests will be considered first), and
partly on a point system described in Section 4.5 of the Region
Plano
To avoid possible lo~s of channels, the City of Sebastian
must submit an application for licensure to the Florida Region
Committee by May 7, 1992. Should the City not be in a position
to file an application by that dater yet wish to be con~±dered
for a future re-allotment~ the City should submit an application
during the subsequent re-allotment Filing Window. Agencies who
neither file prior to May 7, 1992, nor during the re-allotment
Filing Window will be considered last during the re-allotment
process, and will most likely forfeit some or all of their
original allotment.
If the City of Sebastian does not submit a license
application by May 7, 1992, you will receive a notice of the
subsequent Filing Window by mail. Please advise both me and your
Subregion Chairman of any address change or correction to insure
timely receipt of future notifications. If you have any
questions, please call or write the Chairman of your Subregion
Committee:
Mr. Thomas J. Babington, Manager
Orange County Telecommunications
109 E. Church Street, Suite 230
Orlando, FL 32802-1393
(407) 836-2820
If necessary, you may also call me, or Bob Ferrell (Region
Committee Vi~e-Chairman), at (904) 488-3866, SUNCOM 278-3866.
Sincerely,
Florida Region Committee
JRD:RBF:lh:bw4j31-3. doc
Enclosure: Region Plan page 4-16
cc: Mr. Tom Babington
JURIS.
NO. JURISDICTION NAR
~AC APPLICATION
ALLOT~NT SiTE LOCATIONS RADIUS BENC~RK
TYPE LATITUDE LONGITUDE (miles) I)ATE
NO. OF
FCC CHANNEL NL~BERS
Hillsborough County Sheriff
DEDICATED 88-~8-~ 8~-~-80 18
28-82-~ B2-13-8~ 12
87-46-8e 8e-11-8~
DEDICATED 88-83-E~ 88-89-00 18
26-08-00 88-13-80 18
8?-45-00 88-85-00
87-46-80 88-11-80
18/05/9~ 5
617 619 638 649 653
655 657 678 680 700
746 759 771 773 775
779 799 806 808 810
~.3 L~,iversity of South Florida DEDICATED 88-83-~9 88-24-80 4 05/0?/98 A 608 688 803 883
30,1 HOLMES COUNTY POOLED ~-58-80 85-54-80 10 ~5/~7/98 ~ 615 823
(all eligibles) 3~-56~ 8~3G-8~ i~
3~-48-8~ 85-48-80 I~
31.1 INDIAN RIVER CO~4TY POOLED 27-42-80 80-43-86 13 05/07/98 S
(all eligibles) 87-41-~0 80-86-00 13
31.8 Indian River County Sheriff DEDICATED 87-48-~ 86-43-~0 13 05/07/92 5
87-41-~ 8~-26-80 13
606 631 653 798 818
31,3 City of Sebastian DEDICATED 87-47-81 80~8-A5 4.5 05/07/33 ! 6~8
Public Works
~.! JACKSON COUNTY POOLED 31-86-8~ 8S-84~ 15
(all eligibles) 31-86-~ 85-86-~ 15
3~-58~ 8~18~ 15
05/07/98 7
618 6L~ 640 758 778
808 810
32.2 Jackson Hospital DEDICATED 31-86-~ 85-P4-~ 15
(County-~ide) 31-86-80 85-86-80 IS
30-58-80 85-18~ 15
~-5~0 85~8~ 15
632
38.3 Jack~c~ County S~ools DEDICATED 31-~S-80 85-84-~ 15
(Cour~y-side) _ 31-86-~ 85-~G-~ 15
3~-58~ 8~18~ 15
3e-54~ ~a~
33.1 JEFFERSON ~]~Y POOiJr. D 3e-3G-~O 83-48-80 15
(all eligibles) 30-82-~ 83-5B-~ 15
~t~-14~ 84~{~-80 15
~5/07/98 8
608 819
3~.1 LAFAYETTE COUNTY POOLED 30-88-80 83-18-~ 16
(all eligibles) ~-54-8E~ 83-!4-~0 16
3e~-~ 83~-~ le
05/07/98 I 611
4-16
AM~DMENT
PROPOSED STUDY& ACTION SCHEDULE
800 HHz P~BLIC SAFETY TRUNKING,,,,,RADIO CO]4HITTEE
JANUARY 17, 1992
December 13, 1991
January 14, 1992
January 17, 1992
January 22, 1992
Informational meeting.
Organize committee to study feasibility
of 800 MHz Public Safety Trunking radio
system.
Committee receives draft mutual
cooperation agreement for study along
with proposed study and action schedule.
Committee receives input regarding
participants who may be interested in 800
MHz trunking radio system.
January 29, 1992
Seminar for orientation and in depth
information for members.
February 5, 1992
February 11, 1992
Committee visits operational 800 MHz
system for review and questions.
Agenda item to BCC for engineering study
and cost information. Committee review
of various financial alternatives to
obtain 899 MHz system.
February 26, 1992
March 11, 1992
Committee receives input from potential
participant~. Committee team assists
members in approaching various
governmental entities regarding approval
of mutual cooperation agreements to
participate in 800 MHz system.
Committee develops implementation
schedule, statement of need, and budget
commitment information needed for
application.
March 18, 1992
Draft application considered by
Committee. Engineering study received
and reviewed.
March 25, 1992
Committee reviews final application
before formal submission to APCO, DIVCOM,
and FCC. Executed Mutual Cooperation
Agreements received by Committee.
April 8, 1992
Committee meeting to review all documents
being submitted to APCO, DIVCOM, and FCC.
Indian River County
Board of County Commissioners
Department of Emergency Services
1840 25th Street, Veto Beach, Florida 32960
INFOI~MATION REQUIRED FOR AGENCY OR DEPARTMENT SURVEY
800MHz puBLIc SAFETY TRUNKING RADIO
The information and explanation of needs should be focused on the
next two (2) and five (5) year intervals so that a determination
can be made as to what priority your agency should come on line.
1. Equipment requirements broken down by type.
A. Number of consoles.
B. Number of control stations (include remote base
stations).
Number of mobiles.
Number of portables.
Any specialty equipment.
Any special requirements.
D.
E.
F.
Explanation of any changes in coverage area or any annexation
plans.
3. Functionality of existing equipment.
Age and general condition of existing equipment.
Identify problem areas of existing equipment and systems.
Who or what department(s) would require to change to the
800MHz first.
What type of frequencies are presently in use, i.e. (repeater,
simplex base, talk around), either by department, group or
frequen~-Y.
5. Approximate or estimated value of existing equipment.
Possible funding methods which your agency might utilize if
participation in the system is approved.
Division of Division of Division of Division of
Emergency Medical Animal Control Fire Services Emergency Management
Services 567-8000 567-8000 567-8000
567-8000 Ext. 446 Ext. 75090 Ext. 444
SUNCOM 224-1444 FAX (487) 567-9323
AGREEMENT
THIS AGREEMENT is made and entered into this
~, 1992, by and between the
hereinafter referred to as , and
__ day of
hereinafter referred to as
WITNESSETE
WHEREAS, the desires authorization
to use the Public Safety Trunked Radio
System to provide a more efficient communication system to better
serve the , Florida, and
WHEREAS, the
authorization for the use of his
Trunked Radio System to the
efficient communication system in
desires to grant such
Public Safety
to promote a more
, Florida;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and for other good and valuable consideration, the
parties hereto do mutually agree as follows:
THE AGREES:
To purchase its own radio equipment, including
Repeater for the channel at the
once a channel is added.
2. Its use of the Public Safety
Trunked Radio System will not result in any additional equipment or
operation cost to .
3. Radios operated by the on
the Public Safety Trunked Radio System
shall be programmed only by authorized personnel of the
4. Radios operated by the on the
Public Safe~y Trunked Radio System shall be
serviced and repaired only by an authorized service station or the
5. No additional departments shall be added to
the Public Safety Trunked Radio
System until system impact has been determined and this Agreement
has been amended to allow such addition with the approval of both
parties to this Agreement.
THE AGREES:
1. To authorize the use of the
Public Safety Trunked Radio System by the
~pursuant to this Agreement during the life of this Agreement.
IT IS FURTHER AGREED BY THE PARTIES:
1. No change, alteration or amendment of this Agreement may
be made except by the written consent of both parties.
2. This agreement may be terminated without cause upon
ninety (90) days written notice to all other parties. This
agreement shall remain in effect for a period of one (1} year,
commencing on the day of , 199 , and
expiring on the ~ day of ~' 199_, and--shall
renew automatically for successive one (1) year terms unless
terminated as provided herein.
IN WITNESS WHEREOF, the parties have caused this
instrument to be executed on the day and year first above written.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
CAPTAIN HIRAM'S ROW VACATION
REQUEST
Approved For Submittal By:
City Manager
)
)
)
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
Agenda Number:
Dept. Origin: ENG/PW
272.
01/30/92
02/05/92
) Memo from City Engineer dated 9/17/91
) Memo from City Attorney dated 1/3/92
) Letter from Tom Collins dated 1/16/92
) Letter from Nohrr, Nohrr, Boyd, Howze
) & Capps, P.A. Attorney dated 1/28/92
) Letter from Rod Reed dated 12/3/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The owner of Captain Hiram's, Tom Collins, has requested the City to
consider the vacation of that portion of right of way off of North Central
Avenue and U.S. Highway #1. Enclosed are City Engineer's memo and City
Attorney's letter of request for the vacation of the right of way from Tom
Collins, his att_orney and Rod Reed, professional land surveyor. He has
indicated that he will be responsible to bear all cost associated with the
proper vacation and improvements of the new alignment.
RECOMMENDED ACTION
Staff recommends City Council review the enclosed information and discuss
the vacation and direct staff accordingly.
ZTZ
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (40?) 589-5570
DATE:
September 17, 1991
TO:
FROM:
Robert S. McClary
City Manager
Daniel C. Eckis, .
City Engineer
RE:
Captain Hiram's Sebastian Inlet Marina
Request for Vacation of North Central Avenue
As City Engineer, I have made a site inspection for the
proposed vacation of the above referenced project and have
determined from an engineering and drainage standpoint that
the proposed vacated right of way could be modified without
adversely affecting the stormwater runoff in that area.
If the property is vacated then north Central Avenue would
terminate into highway US ~1 and the existing utility pole
would have to be relocated to allow for a deceleration lane
off of highway US ~1 onto North Central Avenue.
222
G~R¥ B. FRrSE$
JA2~ES II. FALLACE
VINCENT G. T0~. J~
~c~ E. To~
G~GORY S. ~SEN
J, PAT~CK ~DE~0N
~U~ h. ~DE~0~
WmLa~ A~ G~
OF (]OUNSEL
Robert S. McClary, city Manager
city of Sebastian
P.O. Box 780127
Sebastian, FL 32978-0127
Re- Central avenue ~gnb-oz-wa~_
Dear Robb:
~-~RESE, FALLACE, NASH & TORPY. ?.
ATTO~YS AT ~W
930 S. ~o~ C~TY B~.
SUITE 505
MELBOU~. ~O~DA 32901
(407) 984-3300
F~ (407) 951-3741
January 3, 1992
Please note that Mr. Thomas H. Collins of Caption Hiram's Sebastian
Inlet Marina has requested that the City consider vacating a
portion of North Central Avenue. I have enclosed with this letter
a copy of the correspondence I received from Mr..Collins dated
December 6, 1991, along with the documents he enclosed with his
letter for your reference.
As you are aware, the city of Sebastian does have the authority to
vacate a road right of way in the event that it determines that
such vacation is in the best interest of the City and its
residents. It is my understanding that Mr. Collins has spoken with
you and Bruce Cooper concerning his position and why the City
should consider vacating the road right-of-way in that area for
purposes of traffic safety. It is my understanding that Mr.
Collins is coordinating this effort with the Florida Department of
Transportation.
I would recommend that staff review this request and determine
whether the benefits to the City of vacating the road right-of-
way are sufficient to further pursue this matter.
I will await further instructions from you in this regard.
CIN/mb
Enclosures as stated
Very truly yours,
FRESE/~E,. NASH &
Charles Ian Nash
City Attorney
TORPY, P.A.
Capt. Hiram's
SEBASTIAN INLET MARINA
.ome or 'World F---ou,' River Raw Bar
Wate eront Banquet Facilities · Catering Service
January 16, 1992
Mr. Rob McClary
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Rob:
This letter will confirm that our company will be placed on
the agenda for the February 5, 1992 Ci'tv Council Workshop
relative to the vacating of that portion of Central Avenue
that is located directly west of Capt. Hirams. I understand
you have all the information that I sent the City Attorney
that was prepared by Masteller, Moler and Reed, professional
]and surveyors.
I am also enclosing a copy of a recent letter I received from
the Department of Transportation wherein "they agree with our
proposed improvements which will re-align the intersection of
North Central Avenue and U.S. #1 to form a perpendicular or
"T" in the intersection" Please note that they acknowledge
the unsafe characteristics of the present layout.
It would be our understanding that we would bear the full
cost associated with the engineering and construction
for removing the existing road bed and improving new accesses
off of U.S. ~1 to our property. The new alignment and any
construction"'would be subject to approval by the City and the
Department of Transportation.
Please give me a call confirming our placement on the
agenda and let me know if you need any additional information
relative ~o this request.
ollins
President
THC:ih
cc: ~;ruce Cooper, Planning Director
Dan ~c]:is, City Engineer
~ ~ =~ ~.nrl ~',~t'~
,_~.~_:_~ .... y, Sebastian Police Dept.
h~.lliom A. Le~is, Jr., P.E. DOT
Charles Nash, Esquire, City Attorney
By Car: 1606 Indian River Drive, Sebastian, FL 32958 By Boat: Marker 66 on the Intracoastal Waterway
Phone: (407) 589-4345 FAX: (407) 589-4346
JAN-15-1992 16:26 FROM
FL IDA
DIST 4 MRINT., FT. LAUD.
TO *840?5895100 P.01
DEPARTMENT OF TRANSPORTATION.
TRAFFIC OPERATIONS - DISTRICT 4 B~G. wAr~
780 Southwest 24th Street
Fort Lauderdale, Florida 33315-2696
Telephone 305-797-8520
January 15, 1992
Mr. Thomas H. 'Colllns
1606 Indian River Drive
Sebastian, Florida 32958
Dear Mr. Collins:
Subject;
State Section 88010, State Road S (US-l)
at North Central Avenue, City of Sebasg~an,
Indian River County
Thank you for your letter of December i0, 1991, please excuse our
delay in responding, We are aware of the accidents which have
occurred at the referenced location and we agree with your
proposed improvement which will re-align the ~ntersection of
North Central Avenue and US 1 to ~orm a peTpendicular or "T"
intersection.
For your information, the state has recently completed the design
plans for a Safet~ Proj. ect (State Pro~ec~ No. 88010-3529) which
will modify the median on US-1 in this area- Specifically at the
intersection of North Central Avenue the westbound-to-southbound
left-turn movement will be prohibited. A ~opy of the plan sheet
has been attached for your convenience.
Unfortunately, the Safety Pro~ect Plans have been finalized and
no changes, such as your proposed improvement, can be made to
them. We s~ggest that the work be done under a State Permit.
Please feel free to call us at (305) 797-8520 if we ~an bi of
further ass{-stanee.
Thank you ~or your efforts towards highway safety.
District ~raffic
Operations Engineer
WL: bp
Attachments
Howard Webb, DOT Pro~ect Manager
Chris LeDew, Safety Engineer
272
DONALD A. NOHRR
PHILIP F. NOHRR
JOEL E. BOYD
J. WESLEY HOWZE, JR.
STEWART B. CAPPS
kATHERINE M. COBB
NOHRR, NOHRR, BO~APPS, P.A.
January 28, 1992
1800 W- HIBISCUS BLVD.
SUITE 138
POST OFFICE BOX 369
MeLbOURne, fl 32~)02~0369
(407) 727-B 1 O0
FAX (407) 984-4122
90p1990
Mr. Rob McClary, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Vacation of Portion of Central Avenue
Dear Mr. McClary:
Our law firm represents Oyster Bay and Oyster Pointe
Homeowners Association, Inc., and at their request we are writing
to you concerning the proposed vacating of a portion of Central
Avenue that fronts on the west side of the Sebastian Inlet Marina
and runs to U.S. No. 1. Mr. Tom Collins, on behalf of Sebastian
Inlet Marina, has asked that we contact you and express our support
of his vacation request, and in return has indicated a willingness
to install a sidewalk similar to the one that now exists in order
that our unit owners, employees, and appropriate vehicles can
continue to go back and forth between the two resorts. Subject to
this condition, the Associations would have no objection to the
vacating request. In the event the City goes forward with the
request, I would ask that you provide us with notice.
Very truly yours,
~?. Nohrr
PFN/hms
cc: Mr. Tom Collins
cc: Mr. Max Abram
cc: Mr. Chuck Manning
/
~ /~ ~ ~-~/
z
/~ ~./ ~
/~~/~
X
C)
~/. 27z-
MASTELLER, MOLER & REED, INC.
PROFESSIONAL LAND SURVEYORS
POST OFFICE 8OX 781045
SEBASTIAN, FLORIDA 32978-1045
(305) 589-4810
December 3, 1991
Mr. Tom Collins
9300 A1A, Suite 201
Vero Beach, FL 32963
RE: North .Central Avenue
Dear Tom:
Per your request, I have investigated the right-of-way
conditions of North Central Avenue adjacent to Indian River Hills
Subdivision as recorded in platbook 4, page 51 public records of
Indian River County, Florida. The following statements I will
make are substantiated with the enclosed documents I have
furnished.
1.) Central Avenue was dedicated on or about 1925 by
various land owners to the City of Sebastian, a municipal
corporation. The deed calls for North Central to have a
right-of-way width of 80 feet. The deed also references
that the right-of-way would commence at the North City
limits and terminate at the North line of Coolidge Street.
All of the above refers to the Map of the City of
Sebastian. The deed states that the right-of-way is to be
used for street purposes and when the same is no longer
used for street purposes, than it will revert to the
grantors and/or its successors herein.
Enclosed and shown as exhibits ',A" are various deeds
dedicating Central Avenue to the City of Sebastian and a Map of
the City of Sebastian as found in the public records of Indian
River County, Florida.
2.) North Central Avenue again is
right-of-way per plat of Indian River
recorded in 1956.
shown as an 80'
Hills which was
I have enclosed the plat of Indian River Hills and marked
it exhibit "B".
A SUBSIDIARY OF MASTELLER & MOLER ASSOCIATES, INC,
Mr. Tom Collins
D'~cember 3, 1991
Page 2
3.) North Central Avenue is shown on the right-of-way map
of U.S. Highway No. 1 which was prepared by the State Road
Department, State of Florida. The plan shows a portion of
Central Avenue within the planned right-of-way of U.S.
Highway No. 1 and it also shows what would be the current
configuration of Central Avenue after the taking of the
U.S. Highway No. 1 right-of-waY.
I have enclosed a coPy of the right-of-way plan of U.S.
Highway No. 1 an marked it exhibit "C".
'To summarize, I believe what is shown on exhibit "C" is
the portion of Central Avenue that is remaining after taking of
U.S. Highway No. 1 right-of-way. I also believe the portion that
is left is titled to the City of Sebastian; a municipal
corporation in the State of Florida. Tom, I hope I have answered
all your questions. Should you have any more questions, please
feel free to contact me.
Sincer~
Rod Reed
President
REED, INC.
RR/mll
Enclosures
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 O FAX (407) 589-5570
SUEJECT: Stratton Avenue
Approved For Submittal
city Manager
Agenda No. ~-~
Dept. of Origin: city Engineer(bCE)
Date Submitted: 01/30/92
For Agenda Of: 02/05/92
Exhibits:
- Eckis Memo Dated, 10/08/91
- Arias Letter Dated, 09/21/91
- Eckis Memo Dated, 08/06/91
- Cooper Memo Dated, 07/18/91
- Fisher Memo Dated, 06/11/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
In 1985, the developer of Park Place,-Nelson Hyatt, constructed a
substantial portion of Stratton Avenue (from U.S. #1 to the
entrance of Park Place.) In 1988, under independent inspectors
hired by the city, Stratton Avenue was completed to the west line
of Unit 17 and connected with that portion of Stratton Avenue
constructed by GDC. Since 1990 (and possibly before) Mr. Hyatt
has attempted to dedicate these improvements to the city and for
the City to assume perpetual maintenance, since Stratton Avenue
is an important and intrigal part of the City's street system,
providing a vital length from U. S. #1 to Barber Street, the
property should be deeded to the city and the improvements
accepted by the city for maintenance. Further, city Council
approval ofthe Park Place PUD requires Stratton Avenue to be
dedicated to the city. The only remaining question to be resolved
is the construction standard acceptable to the city for
maintenance. The street has been inspected by at least four (4)
different engineers ( three of whom worked for the City) who came
to different conclusions and recommendations. Staff is
requesting feed back and input from the city Council on how to
proceed with this matter.
RECOMMENDED ACTION
Review the dedication, construction standards, maintenance
responsibility and possible acceptance by the city of Stratton
Avenue between U. S. #1 and Unit 17, Sebastian Highlands.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
DATE; Oc..'~.ober" 8,~ ].991
-I'O: Robb McClapy
City Man a .c.')er' ~
FROM: []ar'~iel C. Ec:kis
C :i. t.'y' Er"~ 5. neet'
n~: S'hr'at'~:an Avenue Roa~ /]~dicaZion
MEMORANDUM
As CiLty Fingineei~ i have been reques(ed to make ar:
eva]uatic,~n of St?atton Avenue for" acceptance by the City ~+
Sehas'I"ian as indicated by my memo of August 6.~ 199!. I made a
~,ie]d investigation of the pavement section and rioted areas
of concer'n which at the s~tpface appears to show evidence wf
pavement +ai]ur'es.
Fo'llow'i.n.cj my memo (enclosed) ~ a meeting was held
between myself: Nelson Hyatt: Hector- Arias and youpse]+.
Dur'in~ that meeting, Hector' Ar'las indicated that a +opma]
ac.~eptance o+ the road was ~iven by Dave Fisher as addressed
in his memo dated June 11~ 1990 (enclosed), which he
acknowledges r'eceipt o+ the Eng:i. neer's Ce~ti+ied test r-epor'ts
and that he had no objections to the r'epopt but recommended
additional testin~ be done al on~ several points in the
roadway be+~r'e acceDtin~ the road. Dur'in~ the meetin~ I
r-equesl~d Hector Arias to pmovide another 1 etter-of
cent. i~ication identifying the test report ~,ith rheim exact
location and then base his ce;~ti~ication accor-dingly.
Mr'. Arias did provide a letter of certification
(enclc.~sed) ~--:hich ~:.tates tlnat~ it is assumed that the road
,~as constructed in accor'dance with the plans. The test
r"epomts attached to his letter o4 certification indicate
that the sub(~¢made did pass thmoughout the entime poad~
m~,ei'iing~ the reouir'ements ,~'~ both the Flor-ida Beapin,;~ -J~:lue
:~, ~.~ c:~mr:~actScx"~. Ho~ever-"-,, the base tes+z:i, ng whic. h wa~ cornc:)'~ et. ec~
-~:.r'-:,.:::.;,:s :L:.",dS.c:a';:e,~. t. ha-5. :5} ¢ :i. vec,+ (6) six tests +a:i.l ed, but.
**.,~-,~",,, r"e-ce.,s-Lcec:J 'i a~er' ac~c 'c. hen passed.
cer"~:L~ication he justi4J, es the integr'ity o~ the remaining
untested por'tion, by stating that sirace the same contpactop
had c:(]r]s'Er'Ltcted ~he entipe moad, J.{ was reasonable to assume
'khat the {ir-s~ 2400 feet o~ Str-atton Avenue west o~ US1 was
substantially constr'uct, ed ir"~ accor'dance with appmoved olans
and speci~ications. But nowher~e in his i ette~" does he accept
the responsibil ity ~o~~ centi~yiF,~, that the r~oad was
cor~structed in acco~-dance with the plans and specificat, ic~r'~s~
This would pequir'e adequate test results for al 1 portions of
the road as pequir-ed by Section 28-.1.8,,3 Measur~ement and Test
"The enginee~~ shall make tests of cause such test to be
completed to cem'-"Li~y that 'Lhe ~*~oF'k and mater~ials conform~ ~.~ith
the Const. r'L(ct J. c~r] doclLtn'lei"'~'b.~. ~' ..
T c~ a d d i t .i. c: n u r"~ d e m s e c: t i o n 2 S- ]. 8 ,, zt, C c) m p ] e t i o r"~ C,z.:.:, F' t :;. -F :i. c a t e
pequir'es that the app]icant er~gineer" states that the pequ:i, red
impr'ovemen~s were instal led under his r'esponsib]e direction
and that the improvement con~c~F~m with the appr-oved
constr'uction plat": arid th:~.s opd:i, nance.
The er~9.~:i, neer shal'! pF'ov'~.de a copy o~,: the COFIst. r'L~C.;t:i. OFI
p]aF~-; on a dur'able~ high-qual ity peppodL~c.i, ble ma+'er"(al
showing) ti~e or"igina] design and cQmpar-:i, sor'~ 'Eo 'bhe actual
~inished ~opk as como] eted, The enc]osed 1 ega] descri~:;t~.on
that is p~,-ovided ¢o~'- the ~oad right o.~ way dedication
based on a sketEh o~ t. he SLtPVey. This is unaccep{ab]e and
does net indicat, e that a ~ie]d SL(Pvey was done by a
register'ed Flor'ida ~upveyor'. Ther'e~eF'e~ I ~ou]d require that
'BLtCh a SUr*vey should be pr*QvJ, ded and (hst 8] 1 o~ the
Permanent Re~er, ence Marker's be instal led and that a statemer~t
¢~om the developer-s sLtpveye~'- should be pr'ovided stating that
the su~vey is complete and in accordance with platting
pr~ocedur-es.
With my recent appointment 'Lo City En~.~ineep~ I was not
ppivi]ec]e to the earl iep conve~-sations fop procedures that
took place back in ].985 nor am I awar'e what ~as considered
acceptable practice fop road testings, Therefore in all
fairness to Mr. Hyatt,~ if he did what the City asked him to
do~ then ! feel the City should accept the z"oac; based on the
standard'ds at that time. In Mr. Hector P. Ar'las' letter, he
had indicated that the r"oad is approximately 6 '~'ea~'~s old an~1
that t, hr'ee year-s ago the road ~,~as open to the pub] lc. Dur*i~9
this time the) pavement section was sLtb~ct 'bO tandem wheel
]oadinc] ~pom tPLtcks haL(] in~ sand and cause str'ess te the
pavement sect ion.
S'L::i.'l ] ,, I ~,:i.l'i s~-.t, and by my ¥.1. r's'b, memc, in wi--;ic:h -b. he:,r, es¢ J.s;.
.[:) h ~'s~., J, c a
should be
have not been ppoper']y '~ested o~- 'bhat show signs o¢ ~ai'lut.-'e.
Al ] dedicated r'oacls shou'td be accepted a~tep a Qi]e yea~
maintenance per'iQd in which a bond is posted.
My recommendation would be that the appl i. cant's en~gineeF~
be ~,,~.ver~ theI opportunity to r"ewr'~.te the letter' of
certification stating that the road wa~ constr"ucted in
accor'dance with the plans and specificatior, s under' his
responsible direction and that he take Tull r"esponsibil ity
for' those improvements. The city should acknowled, ,~:~ Dave
Fisher's memo which was not specific in app~oving the r"oad
but did lend itsel~ to interppe'~.at, ion 'that the r'oads were
acceptable. Then the City should direct the developel~ to take
tests in areas that were identified dur'~.r~g my .Field
investigation to determine the extent o~ the Tailur'e that
occur'ring. The city should accept the r'oad "as is" ~r'om the
developer. I ~eel this is a reasor~able compr-omise in which
the developer would be pesponsible to p~ovide testing ~of the
r'~oad base at his own expense and the []ity would have the test
~epor'ts as requir~ed by the or~dinance. The r-~eport would
indicate a probable cause with r~emedy o-F the pavement
-Fail ute.
cc; Nelson Hyatt
Br'uce Cooper
Char-lie Nash
Fi 'I e
September 20, 1991
Hector P. Arias, P.E.
Mr. Daniel C. Eckis, P.E.
city of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
P.O. Box 8967
Ft. Pierce, Florida
34948
Re: Stratton Avenue - Certification
Dear Mr. Eckis:
As per our meeting with Mr. Hyatt and your city Manager, please
find attached the following test reports:
1) Pittsburg Testing Laboratory Density and Florida Bearing
Value Reports for Stratton Avenue Subgrade between U.S. No.1
R/W and 2,400 L.F. west of U.S. No. 1 . Test reports show
that density and FBV exceeded approved plans and spec's for
this section of the road.
2) Ardaman & Associates, Inc. density reports for the Stratton
Avenue Coquina Rock between U.S. No. 1 R/W and 1,000 L.F.
~es~ of U.S. No.1 . Density reported, including retests,
zndzcate that the coquina Rock density exceeded approved
plans and spec's for this section of the road.
3) Ardaman & Associates, Inc. density and Florida Bearing Value
Reports for the Stratton Avenue subgrade between U.S. No.1
R/W and 890 L.F. west of U.S. No. 1 . Locations of testings
has been confirmed with R.M. Gibbs, P.E. Manager of Ardaman
& Associates. Test reports show that density and FBV exceeded
approved plan and specifications for this section of the
road.
As we discussed during the meeting the section west of Stratton
Avenue 2,400 L.F. west of U.S. No. 1 was done at a later time,
requested by the City of Sebastian and inspected by the city of
Sebastian at that time, as indicated by Mr. Hyatt. This section
of Stratton Avenue seems to be in acceptable shape, considering
its use for almost six years. This is one of the reason I assumed
all of the-Stratton Avenue was done according to plans. The other
was that for the first 2,400 L.F. all tests reported passed the
approved plans and spec's.
It was also discussed during the meeting that after the city of
Sebastian requested from Mr. Hyatt the opening of Stratton Avenue
to the public, the road was sustained to considerable beating from
tandem trucks.
I noticed in your memo to Bruce Cooper you refer to the Section
20A18.7.A-l~Workmanship and Material Agreement that requires the
Applicant to guarantee the improvements against defects of
workmanship and materials.for one year after the acceptance of
such improvements by the city Council. After six years of road
which approximately three years the road was open to the
~S~...,_°f
Mr. Daniel C. Eckis, P.E.
September 20, 1991
Page Two
public at the request of the City of Sebastian, I wonder if Mr.
Hyatt will be willing to sign such an agreement or if it would do
any good after such a long time the road has been in use.
Since inspection was provided for the first 2,400 L.F. west of
U.S. No.1 at reasonable intervals, subgrade test reports indicate
that the FBV and density exceeded approved plans & spec's, Ardaman
& Associates base density test reports indicate that base density
exceeded approved plans & spec's for the approximately 1000 L.F.
west of U.S. No.1 and same contractor, C & A Paving, installed
said 2,400 L.F. of the subject road, it is reasonable to assume
that the first 2,400 L.F. of Stratton Avenue, West of U.S. No. 1
was substantially constructed in accordance with the approved
plans and spec's.
If you need additional information or have any questions regarding
any of the above, please, do not hesitate to contact me.
Sincerely,
Hec Arias, P.E.
Reg. No. 18154
cc: Nelson Hyatt
Bilk
mBmlk
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
i.'lA l'E:
AUGUST 6. 1991
F ROH:
BRUCE COOPER
[)IRECIOR OF COMMLNiTY DFVELOPMEN1
DANIEL C. ECKIS,
CI'TY ENGINEER
RE: STRAT'¥ON AVENUE
Ag REQUESTED IN Y'Ot~R MEMO DATED ,JuI_Y 18, lg.ql, I tlAVE, MADE AN
EVALUATION O~ $1'RAI"FON AVENUE FOR lt-tE CIIw TO ACUEPI' '1lIE
DEDICATION (DF I'}iE RIGIIT OF WAY AND TilE' MAIN"ENANCE
RECr, oNsIBZL~'I'Y, ACCORDING TO SECTION 20A--18,7 OF 'THE LAND
[~EVEI..OPMENT CODE, ACCEPTANCE AND MATNTENANEE nF F~EOLIiRED
IMI-'ROVEMENIS PARAGRAPH ~, STATES PROCE[ URE.:, FOR ACCEPT
DEL)ICA11ON REOLIIRES TIlE APPLICANTS ENGINEER 5;tlALI_ F'ur?NI. SIi
TltE C~TY ENGINEER IN ~RZTING A SIGNED AND SEALED CERI-IFZCATE
STATING THAT THE REQUIRED-IMPROVEMENTS NAVE DEEN COMPLETED
W!TI-I THE REQU}RED SET OF PLANS.
~T HAS BEEN BRC)UGI.iT TO MY ATTENIZON TtlAT THE ROAD WAG NOT
PROPERLY INSPECTED DURING CONSTRI.ICT~r]N AND MAY BE SUB-
.STAHDARD, THIS IS EVIDENT FROM FAILURES TI.IAT HAVE OC;CURRED
AT SEVERAL LOCATIONS AS INDICATED ON THE ENCLOSED $KE~CFI. I
WILL REQUIRE THAT A TESTING L. ABORATORY BE RETAINED TO
INVESTTAGE THE INTEGRITY OF TI.IE ROAD, THE TEST SHALL ~NCLUDE
I'IIE THJ. CKNESS OF THE WEARING SURFACE, BASE AND S:UBGRADE.
COMPACTION TESTS WILL BE REQUIRED TO DETERMINE THE DENSITY ~)F
lttE BASE AND SUBGRADE TO ASSURE THAT THE PAVEMENI
MEETS TH~ REOI.IIREMENTS ON THE APPROVED SET OF PI. ANS.
THE TESI']NG LABORA[ORY CAN MAKE RECOMMENDATIONS AS TO IlIE
TYPE AND FREQUENCY OF THE TESTS TO BE TAKEN. THE TESTING
c' ~l ANDARD
LABORATORY MAY TAKE ADDITIONAL TEST gl Cl-I
PENETRATJON TESTS TO DETERMINE TIlE SUBSURFACE CONDITIONS.
THE COST OF THE ~ESTS SIIALL BE THE RESPONS[BLI"I'Y OF Tile
OWNER.
¢Z. ov-O
"] HAVE RESEARr_.'NED T~IE FILE AND F[',UND A rqEf'4C) F~.Or'.'l riAVZE,
1'[~ ROP~ER7 ~ICCLARY AND YOURSELF WHICH I 14AVE INCLUDED FOR YOUR
I~'JF[)RMA'rTON. THE MEMO FROM DAVID FISHER ACt';if.~OWLEDGES; A
I_ETTER RECEIVED FROM THE ENGINEER OF RECORb SI'AZING TIIAI' l'llE
ROADWAY WAS Ir.~STALLED ACCORDING TO THE PLANS AND
SPECIFICATIONS. HOWEVER, TNERE IS NO1 AN t?NGINEER'$
SEAL AS REOUIRED BY THE LANE} DEVELOPMEN~ ~;ODE. ]E3'] REF'OR]S
OF
~:,]'RAT'~ON AVE [~]D~CATES THAT THE SI. IBBASE ~A]'E'RIAI.. WAS
COMPACTE[~ '[O REOUIRED COMPACTION AND TI~AT IT DID HEEl THE
FI.OR~[)A BEARING VALUES. HOWEVER, TtlERE WAS HO] A REPORT
INDiCATiNG ~IIAT THE BASE MATERIAL WAS EVER 7ESi'ED. ~HEREFORE,
~ W~LL REOU~RE ]HAT PROPER TESTING BE COHPI. ETED AS NERE~:GARY
TO DETERH~NE THE INTEGRITY OF TI~E ROAD ~O ASSURE TI.IAT
ROAD DOES NOT BECOME A FIHANCIAL LIAB]I_I]'~ ]O THE ~'~TY.
ACCORDING TO ~;ECTION 20A18.7.A-~ ~ORtfP1ANSHIP AND ['qATERIAL
AGREEMENt, STATES "Tt4AT THE APPLICANT S~ALL EXECUTE AN
AGREEHENT GUANTEEING THE REOI_IIRED ~HPROVEHENTS AGAINST
DEFECTS OF WORKHANSHIP AND MA]'ER~AL.S ~OR ONE YEAR AF]ER THE
ACCEP1ANEE OF SI. iCH IMPROVEMENI3 BY THE C:II'Y (:OUNCIL, SAID
AGREEMEN1 SHALL BE SI.IBMII'fED TO THE [;ITY ENGINEER AL. ONG WJl'I-I
~HE COMPLETION CERTIFICATE AND PRO,.IE[:I RECORDS." ]FtEREF(~RE,
~Y RECO~f.~ENDAIZON, SHALL BE lO CON'fAC] THE I'~EVELOP[.'R AS Tf]
file C:ZI'Y'S INTENT TO REOUZRE THE ADDITIONAL TESTING OF
~I'RATION AVE. ~O DETERMINE 1-t4~ ZNI'EGR~IY OF THE F]f)AD AND
BASE MATERIAL.
City of Sebastian
POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~3 FAX (407) 589-5570
MEMORANDUM
DATE,
TO,
FROM,
REFERENCE,
July 18, 1991
Dan Eckis
City Engineer
Bruce Cooper
Director of Community Developme
Stratton Avenue
Attached is a sketch and legal description on what is known
as Stra=ton Avenue from U.S. Highway #1 westerly to Sebastian
Highlands Unit #17. This right-of-way is currently owned by
Nels%n Hyatt and has never been dedicated to the City of
Sebastian nor the maintenance respon~ibilities have been
turned over for perpetual maintenance by the City.
This stretch of road'was required to be placed in by the
developer'for Park Place as part of the Plan Unit Development
and to be dedicated to the City of Sebastian. Since there is
no record of inspections or the construction of the roadway
base, I would like your recommendation on what steps would be
necessary for the developer to sufficiently satisfy your
concerns t~t this roadway is built to minimum standards
according to the Sebastian Land Development Code. Please
contact me at your earliest convenience concerning this
matter.
BC/gk
dan.doc
City of Sebastian7
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMO
DATE:
TO:
FROM:
RE:
11 JUNE 1990
ROBERT $. McCLARY, CITY MANAGER
BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVE FISHER, INTERIM CiTY EN~
PARK PLACE / $TRATTON AVE. EXTENSION
We have received from the developer's engineer'a number of
certified test reports for the subject road which were done
several years ago.
I have no'objection to these reports but i do recommend the
City request additional coring and testing along various
point~ in the roadway before accepting the subject road from
the developer.
Please advise your concurrence and, if so, who is to pay for
same.
Linda Kinchen has the file.
City of Sebastian
0127 u SEBASTIAN, FLORIDA 32978
POST OFFICE BOX 7_8 .... ~'~qO ~ FAX (,407} 589-5570
TELEPHONE (,40/)
sUBJECT: GibSon street
city Manager
)
)
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)
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)
)
)
)
)
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Dept- of origin:
Date submitted:
For Agenda Of:
city Manager
02/05/92
Exhibits:
- EckiS Letter Dated, 1/16/92
with attached sketch
AMOUNT .
EXPENDITURE BUDGETED'
REQUIRED: ~
ApPROPRIaTION
REQUIRED:
------ SUMMARY STATEMENT .... ,~ long range
=-nt ~art of the clu~__~le1 reliever
· ' ~ or~ ~ b ar~ ,
u~ -=ew streets l~u~_ and is ellglu~. 15~ion. In the ~y_ a
Major TnOrUU~/_ and or rlgnu-~ . _~., zoned prope=~:-~ction of
· roveme~= _ . industrlux~3 -,- the jur~o~ ~-._
for ~mp . ,~,, uertaln .... is unue~ .... ein~ on
~art of the street wnl~n _ =~ ~roDerty ~u"r_ ~ city
P°r%~°u_~-~ county- s~qu= ii-are propertlt~ %~r the City
Indian ~v=~ 'bson stre~u ___ =~nropria=~ ~ ~ t.
. ~o0 ~eet of G~= .~,ld be mot= ~_ ~f GibSOn o~e,~=on
limxts, ~=.L?=siction over .~L~..[ment of thxs F~Si~ encourage
mazntam . D ---~ol and czty .... t to fos __~o3v zone
. ~_ ~4~x~ ~u~~ ' ----~ ~e W~ · --~0~~-~
thlnn ~moortant s%n~=~,elooment ~n ~,2~ vital role
street ~=~ %k~a industr~ax ~=-_~ ~ibson stree~ %_~=~ to
commerc~a~ =~'tv and beCau~_%,~% plan. In..°~%+reet' the
~reas of the ~.t_ Thorougn~=~= -~;~ of G~mmon_~%~_~ River
-- ~+,~'s Ma]o~ ..... ~ this P°~ -~ with %na~,_
the ~.= .... ~ control ~. ~_ =~ a~reemen~ _~-~ with
city wu~ =--e staff re~e~ -- ~=ck and lnpu
County- B~~ ,.,~ want the Ieea
River COUnL~,
council- RECOM24ENDED ~cTION
Review the request of the city Manager for city
over a portion of Gibson street-
jurisdiction
DATE:
TO:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA ;32978
TELEPHONE (407) 589-5330 ~ FAX (407} 589-5570
January 16, 1992
Robert S. McClary,
City Manager
FROM: Daniel C. Eckis, p C~or~
City Engineer/Publ~ s Department
RE: Gibson Street Right of Way
o · °u&&~ng Departme ng znformati
P rtzon of Gibsn= ~ . nt and I h ........ on availaH~=
Pavement =~ ~,_ -T o~reet from
~_ ? _ ~ ~ne trans~ .... '~ =~ of t~ ..... ~t the
-~z~=r county, o the barricades
Tax roll information indicates that Columbus Club had
annexed into the city per ordinance 87-13. The Legal
description of the Property excludes the road right of
way, therefore only the.prOperty OUtside of the right of way
was annexed into the city.
The two parcels South of the end of the ay
s been divided ~ .~ of Gibson Stree~ ,~ .~ade. The
=~=ou Parcels which are in the
Finally, this Department contacted Indian R'
right of way and determzne from thezr right of way department
that, t~ft~
hethis
portion of Gibson Street has been maintained by
Indian River County. Therefore, based on this information I
assume that this portion of G~bson Street is in Indian River
County-s jurisdiction.
r°P,'O TO iNDEX 2- 25, 24
INFORMATIONAL
NOT A SURVEY
19
FREET
;TIO 4.9 so
TRE£T ~-
21
315
L
FLEMING GRAN'T'__~,'i
SEE ENLARGED I,'4 SEC, TION
4,7 4,8 51
=LACE
20 -i'9 18 17 ~
ZI
~TH
?-3 24
~TH
'LARG ED !
TH
COURT
Z$
SECTION
STREET
'i
CEMETERY
2
DALE
14 13 12 II
CITY
LIMITS
14
ROAD
19
CITY
15
16
?2.0'//
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Indian River Drive
Approved For Submlttal By=
city Manager _
) Agenda No.
)
) Dept. of Origin: City Manager
) Date Submitted: 01/21/92
)
) For Agenda Of: 02/05/92
)
) Exhibits:
) - Preliminary Contracts
) - Eckis Memo Dated 01/16/92
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Riverfront Committee Report recommended that the city enter
into an Interlocal Agreement with Indian River County so that
Indian River Drive would be under the city's jurisdiction. City
staff is generally in agreement with the provisions of the
proposed contract with the exception of paragraph 6, which would
require prior County approval for any improvements made by the
City. This paragraph appears to negate the objective of the city
wanting jurisdiction on Indian River Drive. Before requesting a
negotiating session with Indian River County, staff would like to
get input and direction from the city Council.
RECOMMENDED ACTION
Review proposed preliminary Interlocal Agreement regarding Indian
River Drive.
ROAD TRANSFER AGREEMENT
Between
iNDIAN RIVER COUNTY
And
CITY OF SEBASTIAN, FLORIDA
THIS AGREEMENT made and entered into this day of
, 19__, by and between: INDIAN RIVER COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as
"COUNTY," through its Board of County Commissioners,
AND
The CITY OF
existing under the
"CITY."
SEBASTIAN,
laws of the
FLORIDA, a municipal corporation
State, hereinafter referred to as
WITNESSETH:
WHEREAS, the road identified and known to the parties as Indian
River Drive, hereinafter referred to as "Road," located within the CITY
in the corporate limits of the CITY is in the COUNTY road system; and
WHEREAS, the responsibility for the operation and maintenance of
Road is the COUNTY'S; and
WHEREAS, the CITY has requested that the responsibility for the
planning, design, construction, improvement and maintenance of the
Road be transferred to it; and
WHEREAS, the COUNTY is agreeable to the proposed transfer
conditioned on the following terms and conditions; NOW, THEREFORE,
In consideration of the promises and the mutual covenants
contained herein, the parties hereby agree as follows:
1. COUNTY agrees that in consideration of promises, covenants and
indemnification given by CITY in this Agreement, COUNTY
relinquishes any and all legal rights and responsibilities with
respect to the Road, subject to the terms and conditions set forth
herein, and hereby transfers to CITY, and CITY agrees to accept,
all legal rights, responsibilities and obligations with respect to the
Road as required by law.
The COUNTY and CITY agree that this Agreement is limited solely
to the Indian River Drive right of way lying within the corporate
limits of the CITY.
3. The COUNTY agrees to make any repairs necessary to bring the
road up to acceptable standards before the CITY takes over
maintenance. ·
4. The CITY agrees that nothing in this Agreement shall be
construed as extlngutshing~ limiting or restricting the COUNTY'S
right to use or allow the use of said right of way for public utility
purposes.
5. The COUNTY agrees that the CITY may make or allow alterations
in said right of way consistent with its rtverfront plans but
subject to paragraph 6 infra.
6. CITY shall, prior to the implementation of any improvements, submit
associated plans and speciftcattons~ for review and approval to the
Director of Public Works of Indian River County .
7. CITY shall, at its sole cost and expense, indemnify, defend and
hold harmless the COUNTY, its officers, agents and employees
from and against any all claims, legal or suit actions, damages,
liabilities, expenditures, or causes of action of any kind or
nature that may be filed against the COUNTY, its officers, agents
and employees arising from the planning, design, construction,
improvement and maintenance of the Road, located in the corporate
limits of the CITY, pursuant to this Agreement, or resulting or
accruing from any negligent act, omission or error, conduct or
misconduct of CITY, its agents, servants or employees arising; out
of the performance of this Agreement, resulting in or relating to,
injuries to body~ life~ limb or property sustained in, about or
upon said Road or arising from the use of said Road. It is
specifically understood and agreed that the indemnification
provisions of this Agreement do not cover or indemnify the
COUNTY for the negligence of the COUNTY or its employees.
8. CITY shall, defend~ at its sole costs and expense, any legal
action, claim, or proceeding instituted by any person against the
COUNTY as a l~esult of any claim, suit or cause of action accruing
from this Agreement, for injuries to body, life, limb or property
as set forth above.
9. CITY shall save the COUNTY harmless from and against all
judgments, orders, decrees, attorneyts fees, costs, expenses and
liabilities incurred in and about any such claim, investigation or
defense thereof, which may be entered, incurred or assessed as a
result of the foregoing.
COPY
10. The covenants and representations relating to the indemnification
provisions herein shall survive this Agreement and continue in full
force and effect as the CITY'S responsibility to indemnify COUNTY.
11. The term of this Agreement shall' commence on the date that
responsibility for the operation and maintenance of the Road is
transferred to CITY which shall be when COUNTY completes the
work required by paragraph #3 a~d the Director of Public Works
certifies that the work is complets, and shall continue until the
same is terminated by mutQai-a~sent of the parties hereto.
12. Written notice with respect to'this Agreement shall be delivered to
the office of the Indian River County Administrator and the office
of the City Manager of the City of Sebastian, respectively.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Road Transfer Agreement on the respective dates under
each signature: INDIAN RIVER COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its Chairman
authorized to execute same and CITY OF SEBASTIAN, FLORIDA,
signing by and through its Mayor, duly authorized to execute same.
COUNTY
ATTEST:
INDIAN RIVER COUNTY,' through its
BOARD OF COUNTY COMMISSIONERS
jeffrey K. Barton, Clerk
(SEAL)
By,
Richard N. Bird, Chairman
day of , 19__.
ATTEST:
CITY
CITY OF SEBASTIAN, FLORIDA, a
municipal corporation of the State
of Florida
City Clerk
(CORPORATE SEAL)
(See Page 5 for Certification)
By
Mayor
day of
, 19 ·
'~DVANCE
3
City of Sebastian
POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
TO:
FROM:
RE:
January 16, 1992
Robert S. McClary,
City Manager
Daniel C. Eckis, P.~?
City Engineer/Public ~rks Department
Indian River Drive Road Transfer Contract
Please find enclosed a copy of the Road Transfer Agreement
between Indian River County and the city of Sebastian. It is
a preliminary and advance copy for your review.
The Engineering Dept. is in the process of determining the
existing conditions of the improvements within the right of
way, and are currently preparing an As Built Survey to this
end.
Upon the completion of the As Built Survey an evaluation and
report will be prepared-by this office listing the
deficiencies or problems located within the right of way and
proposed remedies prior to acceptance.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
STATUS REPORT ON SEBASTIAN LAKES
AGREEMENT
Approved For Submittal By:
City ~{anager
Agenda Number: ¢2,02('/
Dept. Origin: Community Devel.opment
Date Submitted:
For Agenda Of~
Exhibits:
O1/30/92
02/05/92
Letter dated 1/30/92 from Robert
McClary
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of January 22, 1992, the City Council directed
staff and the respresentatives of Chase Bank of Maryland to finalize an
agreement that would be acceptable by both parties. Mr. John Redmond
(Allen Engineering) has been working diligently with City staff to
formulate an acceptable design to connect Laconia Road with 512 and to
dedicate Roseland Road extension with an 80 foot right-of-way that would
be acceptable with Indian River County.
City staff will be meeting with Jim Davis and Mr. John Redmond at 2:00
P.M., Thursday, January 30, 1992, to review the proposals that Allen
Engineering has drafted. Since the agenda deadline is at noon, City staff
will verbally report the outcome of this meeting.
The staff position is outlined in the City Manager's letter dated 1/30/92.
RECOMI4ENDED ACTION
No action requested at this time.
Mr. Harvey Ziegler
Page #2
January 30, 1992
2. The developer would dedicate additional right-of-way to
effect a'sikty (60) foot right-of-way for Laconia Street north of
its intersection with Roseland Road Extended (The right-of-way to
the South would be 80'). Developer would also dedicate a new
connecting street to effect ninety (90) degree intersections with
both CR 512 and Laconia Street. Staff would recommend approval
of the extension of Landsdowne. Laconia Street would then be
dead ended and a cul-de-sac constructed to the north. Developer
would agree to improve Laconia Street and construct the
connecting street to CR 512.
Once we have your commitment to an acceptable alternative, we
will immediately draft a revised contract. Again, we understand
that you may not be able to obtain approvals from Indian River
County within the fifteen (15) day time period. However, we do
want your commitment to finalize a contract to effect the
improvements or the City will need to take immediate action to
terminate the conceptual plan.
I hope this letter clarifies your question and concern. However,
should you have additional questions or comments, please do not
hesitate to call Bruce Cooper or myself.
Sincerely,
Robert S. McCla
city Manager
RSM/jmt
cc:
W. E. Conyers, Mayor & Sebastian City Council
Bruce C~oper, Director of Community Development
Daniel C. Eckis, P.E., City of Sebastian
James W. Davis, P.E., Indian River County
John Redman, P.E., Allen Engineering
Mr. Harvey Ziegler
Page #2
January 30, 1992
2. The developer would dedicate additional right-of-way to
effect a sikty (60) foot right-of-way for Laconia Street north of
its intersection with Roseland Road Extended (The right-of-way to
the South would be 80'). Developer would also dedicate a new
connecting street to effect ninety (90) degree intersections with
both CR 512 and Laconia Street. Staff would recommend approval
of the extension of Landsdowne. Laconia Street would then be
dead ended and a cul-de-sac constructed to the north. Developer
would agree to improve Laconia Street and construct the
connecting street to CR 512.
Once we have your commitment to an acceptable alternative, we
will immediately draft a revised contract. Again, we understand
that you may not be able to obtain approvals from Indian River
County within the fifteen (15) day time period. However, we do
want your commitment to finalize a contract to effect the
improvements or the city will need to take immediate action to
terminate the conceptual plan.
I hope this letter clarifies your question and concern. However,
should you have additional questions or comments, please do not
hesitate to call Bruce Cooper or myself.
Sincerely,
city Manager
RSM/jmt
cc:
W. E. Conyers, Mayor & Sebastian city Council
Bruce Cooper, Director of Community Development
Daniel C. Eckis, P.E., city of Sebastian
James W. Davis, P.E., Indian River County
John Redman, P.E., Allen Engineering
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
STORM WATER UTILITY CONSULTANT
NEGOTIATIONS WITH B.C.i.
Approved For Submittal By:
City Manager
Agenda Number: ~7/' 0 7~
Dept. Origin: ENG/P~
Date Submitted:
01/3~/92
) For Agenda 0~: 02/05/92
)
) Exhibits:
) Memo from City Engineer dated 1/30/92
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
.SUMMARY STATEMENT
Status report of the negotiations between the City and Bromwell Carrier,
Inc. for the storm water utility.
RECOMMENDED ACTION
To review the City Engineer's memo and open for discussion.
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
M ~. M O R A ~ D U M
DATE: January 30, 1992
TO: Robert S. McClary, City Manager
FROM: .(~aniel C. Eckis, P.E., City Engineer/Public Works Director
RE: Storm Water Utility Negotiations
We have encountered a few difficulties in our negotiations with
Bromwell and Carrier, Inc. ("BCI"), causing delays in the City
securing a storm water consultant. Bromwell and Carrier, Inc.,
was ranked the number 1 consultant with Greiner as number 2 and
Hartman Associates as number 3.
We scheduled a meeting on November 13, 1991 to discss the scope
of work and the City's budget. On December 11, 1991, we received
a draft copy of the contract and scope of work. Phase One
described the development of the storm water utility program.
This includes indentifying capital improvement projects and
operating costs that are required over a period of 5-10 years.
Then they propose to review the County Property Appraiser's Data
Base and determine the· storm water charge which can be legally
defensible for non-advalorem assessment. BCI proposed to develop
a public awareness program and a comprehensive report
recommending the storm water charges and supporting data on which
those charges were based.
Phase Two will involve the actual implementation of the storm
water utility in which the program may be added on the County tax
appraiser's_roll and the funds collected by the County.
During our negotiations on the scope of work, I identified that
we would attempt to implement this program in a timely manner so
we would be able to secure funding within fiscal year 1992-1993
and that BCI should be handling the majority of the work with
limited participation by the City. The City would provide copies
of the city planning maps on magnetic media and we would obtain
the necessary parcel data from the County property appraiser's
office. Their proposed fee for Phase One was $93,435 and Phase
Two, Implementation, was $66,286 or approximately $160,000 total
for the program from the beginning to end. Upon a preliminary
review, I felt the proposed fee was rather high. Therefore, I
contacted Gordon England, Storm Water Utility Director for
Brevard County and inquired as to the fees Brevard County has
spent to develop their storm water utility.
Re= Storm Water Utility Negotiations
Page
Gordon said their cost for Phase One was $78,000. City of Palm
Bay City Engineer, Rob Bolton, identified their cost for their
storm water utility at $69,000 for Phase One. The City of
Melbourne spent $75,000 for their storm water utility Phase One.
I contacted Len Jordan with BCI and established a meeting for
January 10, 1992 to review the proposed contract and to
start negotiations to reduce their fee amounts. Following our
meeting, I identified several areas which the City of Sebastian
could participate to reduce their cost to the City. The areas I
identified were:
1. The city could prepare the capital drainage improvement
listed and operations and maintenance costs of the existing
drainage systems. I felt the city was in a better position to
determine this information since we had first hand knowledge of
the drainage problems. For BCI to obtain this information I
would be taking them to the areas where these problems occurred
and I'd still be spending time with this data gathering task.
2. I identified that the City has the capability of
interfacing with the County appraiser's office computer system to
obtain the required information for the user rate study. We
would help with obtaining the percentages of impervious areas on
improved and unimproved properties.
Following our meeting, I received a revised scope of work on
January 20, 1992. After reading their revised scope of work, I
felt their man hours s'hould have dropped by about 50%. But in
reality, their proposed cost for Phase One was reduced by only
approximately 30%. In the proposed contract, BCI eliminated their
responsibility for the storm water utility. Phase Two, as
proposed, transferred approximately 80% of the work to the city.
Phase Two would cost $19,816 for BCI to serve as a consultant to
the City for us to implement the program. The Phase Two portion
appears to be more reasonable than Phase One. In a telephone
conference call on Thursday, January 23, 1992, I explained to
them that this was unacceptable; that we did not have the funding
for this project in that amount; that I was threatening to break
off negotiations with them and proceed to the next consultant.
I still feel that their price was high for the work that they
were proposing to do for the City of Sebastian and felt it was
only prudent to consider going to the next consultant on our
list. I feel as more storm water utilities come into existence
that the price to establish them should reduce as their
experience and learning curves are improved.
BCi insisted on meeting with us on the 24th of January. I
explained to them that the scope of work described in their
second proposal to the City was to the extreme opposite of the
first contract they provided and that the City was not in a
position nor had the man power to undertake the project.
Therefore, we discussed each contract line item by line item
indentifying the work, that I felt the City would be capable of
completing.
Re= Storm Water Utility Negotiations
Page
The budget amount of $40,000 appears at this time to be
inadequate. The city has several options which it should
consider, as follows:
1. Upon receipt of the revised scope of work from Bromwell
& Carrier, Inc., the City may be in a position to consider
establishing the storm water utility over a two year period. We
can identify a scope of work for the first portions of Phase One
for this fiscal year and budget accordingly for the remaining
portion of Phase One for fiscal year '92 - '93. Implementation
could possibly be in the same fiscal year or the following
fiscal year, depending upon the cost to the City. The advantage
of this would be to allow the storm water utility program to
begin this year without involving unencumbered funds. The
disadvantage is that the City would not be able to collect
revenue for its storm water utility until the fiscal year 1993-
1994.
2. To break off negotiations with Bromwell & Carrier,
Inc., and begin negotiations with the second consultant, Greiner,
Inc., of Orlando. The advantage would be to confirm the actual
cost for the establishment of storm water utility by verifying
that the proposal from Bromwell & Carrier, Inc., is reasonable.
The disadvantage would be the same as above with, revenues not
being obtainable until '93 - '94.
3. Determine if additional funding is available to
establish the storm water utility in this year.
?/.020
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST FOR APPROVAL OF SHADE
HANGER BY J & S AVIATION
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 01/28/92
For Agenda Of:
02/05/92
Exhibits:
Letter dated July 20, 1991 from
Bert Snell,
Letter dated November 12, 1991 from
FAA,
Memo dated December 3, 1991 from
Bruce Cooper,
Exert of Lease Agreement between
City of Sebastian and J & S Aviation
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pix Base Operator, John VanAntwerp (J & S Aviation), is requesting
permission from ~he City Council to erect a personal shade hanger on his
lease property.
The lease between the City of Sebastian and J & S Aviation requires that,
prior to any improvements, J & S obtain approval from the Airport Advisory
Board and the FAA. The City Attorney has advised that this matter must be
approved by the City Council due to the fact that the Airport Advisory
Board is no longer in existence.
RECOMMENDED ACTION
Review proposed request of J & S Aviation.
20 July 1991
City of Sebastian
Building Department
Main Street
Sebastian, Florida 32958
Gentlemen:
I am requesting a permit to erect a personal shade hanger
for my Cessna 172 Airplane parked at J & S Aviation FBO.
I have attached a picture, brochure and sealed engineering
drawing on wind loading etc. for this type structure.
Overall size will be 40 feet wide by 32 feet long and ten
feet eave height (center is 12 feet high). This shade
hanger will be supplied and erected by Porta Carport Company
of Kissimmee, Florida.
John Van Antwerp (Airport Director and owner of J & S
Aviation FBO) has given me permission to erect this shade
hanger on his leased FBOproperty.
This shade hanger will not be used for cc~ercial purposes
and should not be considered a permanent structure since
it can be dismantled and removed in less than a days time
if and when the need might arise.
P. O. Box 780189
1112 Main Street
Sebastian, Florida 32958
Phone: 407-589-3084
bj s/j s
U.S. Department
'of Transportation
Federal Aviation· ·
Administration: ~ ...
ORLANDO AIRPORTS DISTRICT OFFIC. E
9677 TRADEPORT DRIFE, SUITE 130
ORLANDO, FLORIDA 22827-5397
"Hr, John L. Van Antwerp
J&S Aviation
299 Airport Drive £
Sebastian, FL 32958
RE::':-Bebastian Airport, Sebastian, Florida,
Interim Airport Layout Plan, Chan~e by FAA Form 7460-1,
,-:.:~'~'~'~.Dated'A~ust. 26 1991, Aeronautical Study No. 91~ORL-214-NR~
Dear Hr.'Van Antwerp:
~e proposed ~a~e %o your currently approved Alr~r~ Layou5 Plan (ALP)
~s been reviewed under ~he authority of Federal Avia%ion Regulations,
Parts 77 and 1.52. ~ls review has considered %he safe~7 and u~tllt7 of
alrcraf~ o~ra~lons and planned navigational aids as rela~ed ~o ~hls
· ' Droposalf'.
· 'The Proposed chan~e to the ALP is approved subject to the facilities
contained on the 7460-1 beln~ constructed in the location and=to the
hei~hts shown therein and that no IFR altitudes or procedures are
affected.. '...~".-:
(It should be noted that this study did not consider the.hel6ht of
construction e~ulDment which needs to be coordinated with this office on
an YAAForm 7460-1. Neither did it evaluate the plans for operational
· Safety durin~ constructioR. Those plans should be coordinated with the
· the appropriate FAA, Fli~ht.-:~Standards District Office.)
'This approval shall remain in effect until the nex~ re~ular update of
the ALP, or your ~ext request for FAA approval of the ALP~ whichever
comes f~rst. .A~ that time, the facilities should be shown on the ALP
either as "constructed" or "planned", whichever is appropriate.
PARTNERS IN CREATING TOMORROW'S AIR/~ORTS
surplus or ~.ran% a~eemen%-acquired air'{)oru [~'ro.~)er~y ~]or' does
%~e airpor% spo~]so~ or p~opo¢~en~, of compl~.ar'~ce w~bh Federal' Aviation
ReEulat~or~, Pa£% 155, oF any other law~ ord~¢~'~'~¢~;e~ or re~ulatio~'~ of
Federal, stoa%e, o[~ local ¢over[']men'L
Sincerely,
Ii~a ^. Qu~nones
Plans & Programs ~anager
~hclosu~e'- copy 7460=1.
'cc-: ..,FDOT (Tallahassee)'."
FDOT (Distric% 4)
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM
REFERENCE:
December 03, 1991
John VanAntwerp
Airport Manager
Bruce Cooper
Director of Community Development
Burr Snell's Shade Manger
Burr Snell has provided me a copy of the letter dated
November 12, 1991 from the F.A.A. regarding Mr. Shell's
proposed shade hanger. In order to bring this matter before
the City Council for their approval and for building permit
procedures, attached iS a copy of your lease area in which I
need you to indicate the location of this shade hanger.
Both the City Manager and City Attorney has advised me that
this matter must be approved by City Council due to the fact
that the Airport Commission (Airport Advisory Board) is no
longer in existence and your lease requires approval from
such entity for any buildings or structures.
Thank you,
BC/gk
snell.doc
'sion and to maintain liability in:~urauce of not less
$],000,000/$5000,000 with a company or companies, to be approved by
the Lessor. Lessee will furnish copies of said policies showing
the interest of Lessor in the leased airport facilities and paid up
annual premium receipts to the Clerk of the C~ty of Sebastian. Fhe
above insurance limits shall be reviewed annually as to coverage
deemed necessary by the Airport Comm{sslon.
3. Nothing in this lease shall be construed to require
the Lessee to repair, replace or rebuild, as the case may be, build-
ings or other property damaged or destroyed by wind, fire, water or
other agencie.s or events beyond the control of the Lessee except as
to the proceeds of the insurance policies permitting such repair or
replacement. In the event the Lessee does not elect to repair, re-
place or rebuild, the proceeds.of said insurance policies shall be
paid to Lessor less any existing and outstanding lie~ns, pledges or
mortgages.
4. I,ESSEE SIIALI, have the right to use the above-described
property for any lawful purpuse associated with the use of aircraft
and/or an airport an~ shall have the right to construct upon said
property any buildings or other fit.~r~ctures that may be proper for
such use, provided any such buildings or structures do not in any
way curtail the use of the airport facilities in their usual
operati, ons and provided ful.-ther that a~'~y such buildings or struc-
ture, s are approw~d by the A~r[){',r~ C, ~;~]on a~d FAA. Lessee
covenants and agrees that all such co~struct].on sha].l be ~n accord-
ance with the local codes, regn]at]{)ns a~]d requirc~mcnts a~'~d pursuant
to all requirements of the FAA.
5. LESSEE SHALL have the ~on.-exclusive right under this
],cage to maintain and operate a ~ix{~d-base operation and to p~o-
v.~de sale of aviation gas, oil, alrc['aft maintenance a~d repalr,
f~ight instruction, charter and rental flights of aircraft, ru~tal
of automobiles, ]ease hangar space and provide tie down and other
aircraft services, conduct sales and service of the aircraft, pro-
vide any and all services and products incident to the airport
o[~eration normally associated with said o~eration, in compliance with
nil ord]~%ances of the City of Sebastian and F~ requirements.
PAGE 2
,/
./
,//
,
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
PLANNING AND ZONING RECOMMENDATION )
ON ANNEXATION, LAND USE, AND
ZONING AMENDMENT SUBMITTED BY
SEBASTIAN GROVE HOLDINGS, LTD.
Approved For Subm~.
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
01/28/92
02/05/92
Memo dated 01/17/92 from P & Z
Memo dated 01/16/92 from Bruce
Cooper
Letter dated 1/21/92 from
I.R.C.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED=
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. Paul Rhodes, President of Sebastian Grove Holdings, Ltd., has
submitted an application to the City of Sebastian to annex approximately
18.4 acres of land located in the southwest area of the City. Along with
the annexation, the City has received applications for zoning and land use
amendments to change the existing land use designation from the County's
agricultural zoning to the City's designation of RS-lO. The land use
amendment would be from the County's designation of rural to the City's
designation of low density.
At its regular meeting of January 16, 1992, the Planning and Zoning
Commission held public hearings on the annexation, land use and zoning
amendments. The Planning and Zoning Commission has recommended to the
City Council to annex the property within the City of Sebastian and rezone
the property to RS-lO.
Please refer to my memorandum dated January 16, 1992 to the Planning and
Zoning Commission for a complete analysis of the pending applications.
RECOMMENDED ACTION
Move to direct the City Attorney to draft the necessary ordinances for the
proposed annexation, land use and zoning amendments and once completed,
coordinate with staff to schedule the necessary public hearings.
92.o¢
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 rn FAX (407) 589-5570
DATE'
January 17, 1992
TO: Mayor and City Council
FROM: Planning and Zoning ~
RE- Annexation, Land Use and Zoning Change- Rhodes Holdings
At the regular meeting held on January 16, 1992, the Planning
and Zoning commission held a public hearing on the above
mentioned annexation, zoning and land use change. The
following motions were made after discussions:
A motion to recommend to City Council that the Annexation
request by Rhodes Holdings of approximately 18.4 acres be
approved subject to Bruce Cooper~s letter dated January 16,
1992. Motion passed unanimously.
A motion to recommend to City council that the Land Use
change from County Rural to City LD be approved subject to
Bruce Cooper's letter dated January 16, 1992. Motion passed
unanimously.
A motion to recommend to City council that the Zoning Change
from County Agricultural to City RS-10 be approved subject to
Bruce cooper's letter dated January 16, 1992. Motion passed
unanimously.
City of Sebastian
POST OFFICE BOX 780127 c] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 t3 FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
January 16, 1992
Planning and Zoning Commission
Bruce Cooper ~~/~
Director of Community Development ~/~
Annexation, Land Use & Zoning Amendment
For Sebastian Grove Holdings, Ltd.
The City of Sebastian received an application to annex
approximately 18.4 acres of land located in the southwest
area of the City.
Along with the annexation, the City has received applications
for zoning and land use amendments to change the existing
land use designation from the County's agricultural zoning to
the City's designation of RS-lO. The land use amendment
would be from the County's designation of rural to the City's
designation of low density.
LOCATION: This somewhat triangular piece of property is
located directly south of Block 339 which fronts Gladiola
Avenue, to the west of Laconia Street, and the south property
line border~along the Sebastian River Floodway. Included in
your packet is · a copy of the tax map which indicates
Sebastian Grove Ltd.'s parcel of land of approximately 32.5
acres which the Sebastian River dissects from the northwest
corner of the property to the southeast. To the west of the
petitioner's property is a 40 acre parcel of land owned by
Mr. John Milton Russell. The Sebastian River dissects the
northeast corner of Mr. Russell's property, leaving
approximately a 3/4-acre piece that, without annexation, will
still be left within the County. I have contacted Mr.
Russell concerning this parcel of land, and also suggested
that Mr. Rhodes call Hr. Russell to try and obtain this
parcel to annex along with his 18.4 acres.
The Sebastian River has a platted 200-foot right-of-way.
drainage right-of-way to the north of the petitioner's
The
Planning & Zoning
January 16, 1992
Page 2
property is platted with a 40-foot width. Laconia Street to
the east of the petitioner's property is a dedicated 40 foot
right-of-way.
Annexation - Florida Statute 171.O44 permits any property
owner to petition any city to annex their parcel of land into
the municipality. The only requirement, as specified within
this Statute, is that the property be reasonably compact.
Procedurally the annexation, land use, and zoning amendment
will be done concurrently, but the annexation of the property
must be accomplished prior to transmitting the land use
amendment to the Department of Community Affairs. Even
though the Florida Statutes did not require a public hearing
through the Planning and Zoning Commission, staff felt the
publication and public hearing of the annexation concurrent
with the other amendments would be advisable.
Due to the geographical location of this property, as
outlined above, it is logical that this property would be
served by the City of Sebastian and not the County. Staff
finds that the proposed annexation meets Objective 1-2.7 and
1-2.71 of the comprehensive Plan (Goals, Objectives, and
Policies).
LAND USE AMENDMENT~ As outlined in Section 20A-11.8(C) of
the Land Development Code. the Planning and Zoning Commission
shall hold a public hearing with due public notice for the
land use amendment and shall consider the following criteria~
Consistency With Other Elements Of Plan - Staff finds no
inconsistency with other elements of the Comprehensive
Plan and recommends to the Planning and Zoning Commission
that t~is land use amendment is consistent with our
Adopted Comprehensive Plan.
Conformance With Ordinances - Staff finds the proposal to
be in conformance with the Sebastian Code of Ordinances,
particularly the Land Development Code and finds no
reason to amend any ordinances of the City.
Change Conditions - This section is not applicable due to
land not being previously within the City of Sebastian.
Planning & Zoning
January 16, 1992
Page 3
Land Use Compatibility - Staff finds the following
policies to be in compliance with the proposed amendment,
Policy 1-1.1.5 encourages separation of urban and
rural land uses. By annexing this property and the
development to be consistent with the adjacent
borders of the RS-lO, the natural 200-foot buffer of
the Sebastian River will affectively separate the
County's rural area south of the Sebastian River.
Objective 1-2.1 concerning allocating residential
development, staff finds the development of this
parcel of land will be consistent with the past and
projected future population and housing trends of the
surrounding area.
Adequate Public Facilities - Staff does not find the
projected annexation and land use of this property to
exceed the capacity for public facilities and services.
The petitioner is put on notice that prior to any
development plan .being approved (subdivision plat),
transportation, utilities, and drainage facilities will
have to be satisfied. For instance, Laconia Street
right-of-way will have to be improved and expanded to a
total of an 80 foot dimension and due to the proximity of
the Sebastian River, a determination of any flood-prone
areas or floodways shall be delineated on any subdivision
plat.
Natural Environment - The petitioner is hereby put on
notice --that prior to any approval of any development
(plat), an environmental survey will have to be
conducted. For instance, due to the proximity of the
Sebastian River, the Department of Natural Resources and
the Department of Environmental Regulations shall
determine any jurisdictional restrictions for
construction.
Economic Affects - Staff finds the proposed amendment
would enhance the property values in the area and would
not adversely impact the financial resources of the City.
Orderly Development - Staff finds that the proposed
amendment would result in an orderly and local
development pattern due to the adjacent to the Sebastian
Highlands.
Planning & Zoning
January 16, 1992
Page 4
Public Interest Bnablinq Act - Staff finds that a
proposed amendment would not be in conflict with the
public interest and is in harmony with the purpose and
intent of the Comprehensive Plan.
ZONING: A proposed zoning amendment from County designation
agricultural to City designation of RS-lO is consistent and
compatible with the surrounding Sebastian Highlands.
INTERGOVERNMENTAL COORDINATION WITH I.R.C.: Staff sent the
applications for annexation, land use and zoning amendments
to the Planning Department for their comments, i have not
received anything in writing as of yet, but, I have talked
with Bob Keating, Director of Community Development. and they
concur that this area is better served by the City and they
have no objections.
BC/gk
annex.doc
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Telephone: (407) 567.8000
January 21, 1992
Llnda Kinchen
Planning and Zoning
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
RE:
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Veto Beach, Florida 32960
oAnnexation Request: Rhodes Holding Inc., Property
oLand Use Amendment Request from County - Rural to City
LD (Rhodes Property)
oRezoning Request from County AG-1 to City RS-10 (Rhodes
Property)
Dear Ms. Kinchen:
Please be advised that county staff has reviewed the annexation
request, the comprehensive plan land use amendment request and the
rezoning request by Rhodes Holding, Inc. It is staff's position
that, because the subject property is located northeast of the St.
Sebastian River floodway right-of-way and accessible only through
the City of Sebastian, the property is appropriate for annexation
to the city. County staff, however, does have several concerns;
these concerns are as follows:
o The county has encouraged each municipality to identify
potential areas for annexation and has encouraged all
municipalities to coordinate with the county to establish
countywide annexation criteria for evaluation of each
annexation. The annexation criteria will ensure that all
annexations and consequent comprehensive plan amendments
and rezontngs are consistent with the plans and policies
of--other Jurisdictions and will not adversely affect
other Jurisdictions and the county as a whole.
Otherwise, applicants who cannot get comprehensive
plan/zoning changes from the county may request voluntary
annexation to a municipality. It is county staff's
understanding that the City of Sebastian has not
identified potential annexation areas, nor local
annexation criteria. County staff recommends that these
be established prior to any future annexations.
o There is no analysis of the impact of this comprehensive
plan amendment on necessary public facilities. Are
water, Sewer, Road, Drainage, and Recreation facilities
adequate to accommodate the increase in density for the
subject property?
The city has not identified a need for additional
~ nde. It appears that the existing
residential la ...... ~., ~ fficient to meet
residential lands within ~n= u~x ~ su
future demand in the city.
~ t ro erty is adjacent to the St. Sebastian
The subJec P P ....... ~o Tndian River County
.River. For new ~eve~opm=..~,__- ..... the river.
a 100' vegetative buzzer a£un~
requ~reSstaff recommends that, if this prop~r%~ is
~,,~Yed, the City of Sebastian require a similar Ducker.
If you have any questions or concerns, please do not hesitate to
call me at (407) 567-8000, ext. 250.
Sincerely,
Sasan Rohani
Chief, Long-Range Planning
cc: Robert M. Keating, AICP
Community Development Director
Bruce Cooper, City of Sebastian
Ruth jefferson TM#92-284
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589°5330 [] FAX (4O7) 589-5570
SUBJECT:
Use of Proceeds of Golf Course
Refunding
Approved for Submittal By:
City Manager ~
) Agenda No.
)
) Dept. Origin Finance (MLH)
)
) Date Submitted: 01-22-92
)
) For Agenda Of 02-05-92
)
) Exhibits: none
)
)
Expenditure Amount Appropriation
Required: -0- Budgeted: Required:
~UMMARY STATEMENT
The proceeds of Refunding the Golf Course Revenue Bonds will net approximately
$230,000. This money may be used for capital improvements for the Golf Course or
applied to the outstanding debt payments. Funds will be available in the near future,
and therefore Council might want to consider alternative projects for uses of these
funds. Staff suggests consideration of some of the following items as potential projects
as contemplated in the original golf course plan:
* A swimming and diving pool and accessory building to include areas for
changing clothes, lockers, sales counter & concessions, and appropriate fencing
around sunning areas.
* Lighted and fenced pay-per-use tennis courts.
Club house expansion for screened-in patio and a large banquet and meeting
room.
The City will soon be engaging a golf course architect to prepare a routing plan and
preliminary cost estimates for expansion of the golf course. Staff suggests that the golf
course architect also be utilized to graphically illustrate the compatibility of these
projects and develop related cost estimates.
RECOMMENDED ACTION
Review alternative capital improvement projects and direct further study, if
appropriate.
City of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT:
Proposed gift of Real Estate
to City of Sebastian
Approved for Submittal By:
City Manager ~
) Agenda No. ~2. Oq~
)
) Dept. Origin Finance (MLH)
)
) Date Submitted: 01-29-92
)
) For Agenda Of 02-05-92
)
) Exhibits: Letter of instruction from
) City Attorney, staff memo, and
) graphic presentation of parcel.
Expenditure Amount Appropriation
Required: -0- Budgeted: Required:
SUMMARY STATEMENT
Anna Pappas, through her accountant Terry Goff, has graciously offered to donate to
the City of Sebastian a .06 acre tract of land located in the triangular parcel of property
on U.S. 1 near main street. More precisely, this tract is identified as Parcel//06-31-39-
00003-0020-0001-0 and the legal description is, according to IRC property appraisers
office, Hardee Subdivision #B lots 1 and 2, block 2 lying west of new US Highway 1,
PBS 4 page 74. The listed taxable value was $4,680.00 and the total taxes paid on this
property were $111.52 of which $30.20 were to the City of Sebastian.
The attached attorney's letter provides guidance as to suggested steps if Council decides
to pursue obtaining this parcel.
RECOMMENDED ACTION
Discuss the public benefit of obtaining this parcel and direct staff accordingly.
'TION 6' '"'~TOWNSHIP 51$
RANG'E 39E
INF
3
MiDDLETON
SUBDIVISION
TWP 3OS
TWP 31S
BLOCK A
GOV.
BLOCK C
B
BLOCK E
A.G. ROSE S/D
MAiN S
HARDEE
$/D "B'"
SEE
OF
ENLARGED
GOV. LOT 5
PT,
CARROLL ROBERTS
SUBDIVISION
GOV. LOT 4
Ist ADDIT, ION TO
TY OF SEBAS
REPLAT OF
BRADDOCK S
I~RESE, i~ALLACE, I~ASIt (~ TORPY. r. ~
A~O~EYs AT ~w
930 S. ~o~ Cx~ BLm.
Sux~r 505
~LBOV~E. ~O~DA 32901
(407) 9~-3300
~ (407) 951-3741
January 24, 1992
Michael L. Hudkins, CPA
Finance Director
CITY OF SEBASTIAN
P.O. Box 780127
Sebastian, FL 32978-0127
Re:
Proposed gift of real estate by Anna Pappas
Our File No. 92-7835
Dear Michael:
In response to your letter to me of January 21, 1992, it is
my opinion that the following steps should be taken in connection
with the generous offer by Anna Pappas to donate a parcel of land
located within the city limits of the City of Sebastian to the
City of Sebastian:
1)
A determination by staff, to be passed upon by the City
Council, as to whether the subject real property would
be a benefit to the City of Sebastian;
2)
Whether there is any possibility that the subject real
property could have any type of environmental pollution
or contaminants located thereon or therein;
3)
Whether the acceptance of the gift of the subject real
property could require any unusual or extraordinary
expenditures by the City to secure the subject real
property or to prevent anyone from being injured due to
any hazards existing on or with respect to the subject
real property;
4)
The amount of real estate taxes owed with respect to
the subject real property to any governmental agency or
entity; and
Michael L. Hudkins, CPA
January 24, 1992
Page 2
5)
Whether the prospective donor, Ms. Anna Pappas, has
marketable title to the subject real property and has
capacity to make a gift.
If all of my concerns are resolved favorably for the benefit
of the City of Sebastian by both the staff and the City Council,
then the final procedural steps, should be taken:
1) The subject real property should be surveyed;
2)
Our office would obtain a title commitment relative to
the subject real property;
3)
Our law firm would prepare the appropriate warranty
deed for Ms. Anna Pappas to sign to transfer the
subject real property to the City of Sebastian; and
4)
An agreement would need to be entered into determining
who would pay for the ad valorem taxes and other
assessments and liens then in existence with respect to
the subject real property.
I would also recommend that in conjunction with the first
portion of the procedure outlined in the beginning of this
letter, some type of determination should be made relative to
establishing the current fair market value for the subject real
property.
If you require any additional information or direction from
me, please do not hesitate to contact me.
Very truly yours,
FRESE~~, NASH &
CHARLES IAN NASH
TORPY, P.A.
CIN/lcr
cc: Robert S. McClary, City Manager
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
MEMORANDOM
DATE:
November 22, 1991
TO:
THROUGH:
FROM:
RE:
Robert S. McClary, City Manager _~
Michael L. Hudkins, CPA, Finance Director
W. Napier, Assistant Finance Directo~~
Larry
Parcel # 06-31-39-00003-0020-0001-0 owned by Anna Pappas
The above referenced parcel is owned by Anna Pappas and has the
following legal description, according to IRC property appraisers
office, Hardee Subdivision #B lots 1 and 2 block 2 lying west of
new US Highway 1 PBS 4.Page 74.
This is the triangular piece of property lying directly south of
a small parcel owned by Damien and Bonnie Gilliams, with a parcel
# and legal description as follows:
06-31-39-00003-0001-00001-0 as described Hardee Subdivision #B PBS
4-74 that parcel lying west of new US Highway i of lot marked grove
as deed book 30 page 131, as R BK 79 page 10 (or Bk40 pp 273)
Since Anna Pappas is willing to donate her small parcel to the
city, I suggest the Gilliams be contacted about donating their
small parcel also. I feel certain this could be worked out since
neither parcel is large enough to do any type of development on.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589°5570
January 27, 1992
Mr. Nathan McCollum
1448 Laconia Street
Sebastian, Florida 32958
Dear Nate:
I will again bring up the subject of FPL relocating power lines
to the attention of the City Manager on our next work shop.
Thank you for the letter and keep in touch.
Sincerely,
W. E. Conyers
Mayor
wEc:js
January 23, 1992
Mr. Robert McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
Dear Mr. McClary:
Recently, I observed a survey crew working in different areas along
Laconia Street. After discussing the survey situation with
neighbors and after listening to City Council comments at the
January 22, 1992 meeting, I have concluded that Florida Power &
Light Ks planning to construct power lines along Laconia Street.
Because of unknown reasons, FPL has decided there is a need to
relocate existing power poles and power lines from the rear of
homes on Laconia Street to the front of homes along Laconia Street.
I must say I find this very disturbing for my family and other
residents along Laconia Street. I have four concerns with the
relocation of the power lines. These concerns are as follows:
1. According to information I received, the easement FPL will be
installing these poles on is an easement dedicated to expansion of
Laconia Street only. I may be wrong and if I am I apologize for
making the statement. However, if I am correct, power lines are
not considered road expansion. I know utility easements are
presently located in the rear of my home but I have not been
apprised of any utility easement in the front of my home.
2. The Sebastian Police Department is strained with complaints
throughout Sebastian. It is a well known fact that cars use
excessive speeds on Laconia Street. The police department is also
aware of the speed problem on this road. If power poles are
installed along Laconia Street, residents will be forced to make'
repeated calls to the police department in an attempt to slow down
the traffic. It will be imperative that speeders be caught in
order to avoid unnecessary accidents involving vehicles hitting
power poles. ~ do not condone the speeders but, they are a fact of
life in that area. Many times these vehicles run off the road in
an attempt to slow down, turn around, check road maps, etc. Power
poles will be an excellent target for these vehicles. Should these
poles be hit, power lines will block driveways along Laconia
Street, preventing residents from leaving their homes.
3. Our area is well known for the violent weather during the
summer months. Along with severe thunderstorms, high winds, hail
and tornadoes, we must also face the continuing threat of tropical
disturbance activity. Should any severe storm enter our area,
power lines will fall. This summer the power companies responded
to numerous calls for down power lines during thunderstorms.
Currently, these power lines are located in the rear of the
properties. Power lines collapsing does not create as large a
safety hazard in the rear of the property as it does in the front
of the property. Should these power lines collapse as they often
do, Laconia Street will be blocked, residents would be unable to
leave there homes because of power lines blocking their driveways.
If any type of evacuation was ordered, Laconia Street would become
impassable for residents. As you know, Laconia Street has become
an important road for people exiting and entering the west portion
of the Sebastian Highlands.
Another point de~ling with" ~oWn power lines woUl~d be standing
water. As you know, the present location of the.power lines allow
for down power lines to fall into the drainage ditch behind homes.
If relocated, these power lines will fall in the front swales of
the properties along Laconia Street. Normally, these front swales
are filled with water. Live power lines combined with swales
filled with wateris an invitation to disaster. Electrical current
will travel to areas unaware of a power line collapse. It is true
this could happen at the present location but, the front swales
receive a lot of daily activity such as mail collection,' newspaper
delivery, garbage pick up, lawn' care, car washing, etc.
Electrocution may be a real threat if a power line should fall into
a front swale. , .~.
4. Finally, any large scale electrical operation will result in
numerous power surges throughout the area. FPL does not have any
way to alert citizens of an approaching power surge. Therefore,
during this relocation many residents will lose their televisions,
air conditioners, refrigerators, ovens, microwaves', clocks, etc
because of numerous power surges. I am not sure citizens want to
pay for repairs in order that Florida Power and Light can relocate
their power poles to the front of their properties.
I hope that you and your staff can be of some assistance in
terminating this project that Florida Power and Light has started.
I hope that if the city intervenes during the genesis period of
this project, FPL will discontinue all plans for power pole
relocation. The purpose of this letter is to request action from
the city to terminate this project immediately.
Allow me to thank you in advance for your cooperation and
assistance in this most important matter. If you should have any
questions, please do not hesitate to contact me. I look forward to
hearing from you soon.
Sincerely,
Nathan B. McCollum
1448 Laconia Street
CC:
Bruce Cooper
Sebastian City Council
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
January 28, 1992
Fax
Mr. Robert E. Lloyd
External Affairs Manager
Florida Power & Light Company
P. O. Box 2357
Stuart, FL 34995-2357
Re: Laconia/Concha Streets Feeder Line
Dear Mr. Lloyd:
Please consider this letter as a formal complaint of the proposed
construction of a feeder line within the rights-of-way for
Laconia Street and Concha Drive within the City limits of the
city of Sebastian. I understand tha~ this feeder line will be in
addition to the utility poles currently in the rear yard
easements on both sides of Laconia Street.
I 'have received complaints from property owners who are
justifiably concerned about the appearance of their homes. Some
property owners will be boxed in with power lines on three (3)
sides of their property. Although I do not live on Laconia
Street or Concha Drive, I would not welcome an additional
unsightly power line in front of my home.
It seems to me that the simple solution would be to upgrade the
existing power line in the rear yard easements along the east
side of Laconia Street. These are relatively short blocks as
there are twelve (12) intersecting streets with Laconia Street
which would seem to allow for easy access. I am certain that the
property owners will extend their cooperation for access to their
backyards rather than have an additional set of poles and lines
in front of their homes. You should also expect the cooperation
from the city should you chose to erect this feeder line in the
rear yard easement~.
Mr. Robert E. Lloyd
Page #2
January 28, 1992
Mr. Lloyd, Sebastian is a community of beautiful yet modest
homes. Laconia Street, as a collector street, is an important
north/sOuth traffic artery for the city. It is currently
unobstructed by over head power poles and lines and we wish to
do everything possible to see it remain that way. The rear yard
easements for'utilities were designed to serve the buildings from
the rear and to keep the unsightly poles and wires outside of the
street right-of-way. Please do not build this power line in front
of residents homes. ..
S~n~erely,
City Manager
RSM/jmt
cc: W.E. Conyers, Mayor & Sebastian city Council Mr. Scott Myers
Mr. Nathan McCollum
Ms. McDaniel
MelllOralldulll
From:
Date:
Subject:
Kathryn M. O'Halloran, City Clerk
Peter R. Holyk, ~D, FAC$, Councilman
1/10/i 992
Council l~leeting Adjournment Time
This is in response to your memo to me dated yesterday, January 9, 1992
regarding Council Adjournment time, and specifically resolutions R-81-34 and
R-81-34A. It is apparent that this subject was revisited twice within six
months (Oct 19 81 and Feb 8 82). When you brought this second resolution to
my attention, it would be believed that the intent of Council was to Amend the
initial resolution with the second one. Unfortunately, this is not formally
stated in the second resolution (which is now commonly the case) When i
called our Assistant City Attorney this afternoon, he opined "...that it was
customary that when two resolutions look at the same question, the most
recent one is considered to be prevailing..." But he went on to agree that
without seeing the actual resolution before him, from what I read to him over
the phone, it could be argued that ambiguity existed since it was not clearly
defined in R-81-34A that it amended and replaced R-81-34 or any other
resolution in conflict with R-81-34A.
Since the Sunshine Law would not permit discussion of this subject among
Councilmen outside of the public eye, I have asked the City Manager to place
this on the next City Council Workshop agenda, so that this can finally be put
to rest with all the "i's dotted 'and t's crossed". Lest there be any question,
it is not my intent to create any unnecessary work for the City Attorney, or
to '!do something that doesn't need doing", but in a day and age when
attention to detail is the order of business, I would like to see this done
correctly.
By the way, apology noted and unnecessary since the initial "unearthing" of
only Resolution R-81-34 and not both R-81-34 AND R-81-34A during the
research being done for the City Manager's answer to the Vice Mayor last
week merely created some confusion, and no real damage.
C.C
City Manager
City Attorney
Mayor
City Council
Reading Board
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
January 30, 1992
Mayor Conyers & City Council Members
Kathryn M. O'Halloran ~'~
City Clerk -
Councilman Holyk's Agenda Item # 92.047 Re: Council
Meeting Adjournment Time
To further clarify prior.action taken on the above referenced, i
have included, along with Councilman Holyk's memo dated 1/10/92,
copies of Resolution Nos. R-81-34 and R-81-34A and minutes from
2/8/82 at which Resolution No. R-81-34A was adopted.
My office searched through minutes of 10/19/81, at which R-81-34
was adopted as indicated on the resolution, and discovered to our
dismay that those minutes do not include any action on that
resolution.
I hope this information is useful to you.
sam
A RESOLUTION SETTING MEETING TIMES
FOR REGULAR AND SPECIAL MEETINGS
OF THE COUNCIL
WHEREAS, the Council desires to provide for the
efficient conduct of its business at all meetings;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
1. Ail regular and special meetings of the City
Council shall be called to order at 7~00 o'clock, p.m.,
or as may be from time to time determined, and shall
adjourn no later than 10:30 o'clock, p. m., unless prior
to such time a majority of those present votes to extend
the time for adjournment to a time certain.
2. Any unfinished business remaining at the time
of adjournment shall be carried over to the next regularly
scheduled meeting of the Council, unless prier to adjournment
the Council determines that said items would be placed on
a special council meeting agenda.
This Resolution was duly passed and adopted by the
Council of the City of Sebastian, Florida, this.../~~-
ATTEST:
City Ele~k
CORRECTIVE RESOLUTION
A RESOLUTION SETTING MEETING TIMES
FOR REGULAR AND SPECIAL MEETINGS OF
THE COUNCIL.
WHEREAS, the Council desires to provide for the
efficient conduct of its business at all meetings;
NOW, THEREFORE, BE IT RESOLVED B~ THE COUNCIL OF
THE CiTY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
1. Ail regular and special meetings of the City
Council shall be called to order at 7:00 o'clock, p.m.,
or as may be from time to time determined, and shall
adjourn no later than 10:30 o'clock, p.m., unless prior
to such time the Council votes unanimously to extend the
time for adjournment to a time certain.
2. Any unfinished business remaining at the time of
adjournment shall be carried over to the next regularly
scheduled meeting of the Council, unless prior to adjourn-
ment the Council determines that said items would be placed
on a special council meeting agenda.
This Resolution was duly passed and adopted by the
Council of the City of Sebastian, Florida, this /~---
of, . 19 2.
/
day
ATTEST:
city Clf=k
92. o¢?
REGULAR COUNCIL MEETING - FEBRUAry, 8e 1982
ATTORNEY KILBRIDS READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE AMEND-
IMG SECTION 12.5-$ (a), (b) AMD (c) OF TEE CODE OF ORDINANCES BY PROVIDrNG-~
FOR TWO ALTERNATE MEMEERS TO THE GOLF COURSE BOARD OF DIRECTORS, ONE FROM
WITHIN AND OHS FROm WITHOUT THE CITYi STATING ALTERNATE MEMBERS TERM OF
OFFIC~ TO EE ONE YEA~I PROVIDING A SEVERABILITY CLAUSSI ESTABLISHING AN
EFFSCTIVE DATE.
MOTION BY VICE MAYOR GABS, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE
FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 12.5-$ (a),
(b) AND (c) OF THE CODE OF ORDINANCES BY PROVIDING FOR TWO ALTERNATE
MEMBERS TO THE GOLF COURSE BOARD OF DIRECTORS, ONE FROM WITHIN AND ONE FROM
WITHOUT ~HE CITYI STATING ALTERNATE MEMBERS TERM OF OFFFICE TO BE ONE YEARI
PROVIDISG A SEVERABILITY CLAUSE~ ESTABLISHING AN EFFECTIVE DATE.
ROLL CALL VOTEz
A YES:
ViCE MAYOR GABS
COUNCILMAN ORERBECK
COUNCILMAN VOTAPKA
MAYOR FLOOD
NAYS:
NONS CARRIED
MAYOR FLOOD STATED THAT A PUBLIC HEARING WOULD BE PRIOR TO THE WORKSHOP MEET-
MAYOR FLOOD EXPLAINED THAT T E TO BE MADE TO THE MOTION THAT
MOTION BY COUNCILMAN VOTAPKA, SB~ED~Y COUNCILMAN OBERBECK, TO ADOPT A
R,SOLUTION SETTING MEETING TI,E FOR R,GULA~ A,D SPECIAL ME'TI'G OF THE COU'CIL
WITHTHECH~ ~
~0~ ~00~
VICE M~YOR GABS CARRIED.
TH~ COUNCIL REPORTED THAT THB~ HAD NOT SEEN CONTACTED BY ANYONE INTERESTED
SERVING ON THE SiGN ORDINANCE COMMITTEE. HAYOR FLOOD STATED THAT THE COUNCIL
WOULD START REVIEWING THE SIGN ORDINANC~ THEMSELVES AND MAKE THE NECESSARY
MAYOR FLOOD EXPLAINED THAT THE GENERAL D~V~LOPMENT CORPORATION'S ORIGINAL PLAT
PLAN INCLUDED A F~W BRIDGES THAT WERE TO BE CONSTRUCTED IN THE AREA OF THE NEW
SEBASTIAN ELEMENTARY SCHOOL AND NOW THEY FEEL THESE BRIDGES ARE NOT NECESSARY.
HE RECOMMENDED THAT W~ DISCUSS WITH UBN~RAL DEVELOPHENT CORPORATION THE
POSSIBILITY OF 'CONVERTING'THESE FUNDS TOWARDS TH~ PAVING OF A BIKE PATH.
COUWCILHAN VOTAPKA SUGGESTED THAT WE CB~C~ WITH TERRY GOF~, REGARDING THE
PROPER WIDTH, SALTY STRIPPING AND SIGNING O~ THE BIKE PATH THAT THE STATE~
ADVOCATBS~HE FELT ONC~ T~IB INFORMATION WAS SECURED THAT WB COULD COME UP
WITH A REASONABLE AMOUNT AMD SECTION W~ WOULD WANT FOR THE BIKE PATH. MAYOR
FLOOD STATED THAT HE WOULD DISCUSS THIS WITH TERRY GOFF.
.~.'
MAYOR FLOOD REPORTED THAT =~NERAL DEVELOPMENT CORPORATION HAS DIFFERENT
MENTS WITH MUNICIPALITIES CONCERNING TRAFFIC SIGNS AND THAT THEY DO SUPPLY
"STOP' SIGNS FOR DEVELOPED AREAS. HE INDICATED THAT THE GENERAL DEVELOPMENT
TRAFFIC COMmiTTEE WILL B~ MAKING A SURVEY OF THE AREA AND HE WOULD TRY TO HAVE
THE AGREEMENTS AVAILABLE FOR THE NEXT REGULAR COUNCIL MEETING, FEBRUARY 17, 1982.
THE CITY CLERK READ BY TITLE A RESOLUTION VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING EASEMENT BETWEEN THE SOUTHWEST SIDE OF LOT 21 AND THE NORTHEAST
SIDE OF LO~ =~, BLOCK ~63, UNIT i1, SEBASTIAN HIGHLANDS. (RESIDENTIAL)-(AI~LLO)
10:58 FROM
IRC ELECTIONS SUPERUISOR
58955?0 ~.~
ANN ROBINSON
SUPERVISOR OF ELECTIONS
January 29, 1992
Hon. W. E. Conyers, Mayor
Hon. Frank Oberbeck, Vice-Mayor
Hon. Peter R. Holyk, Councilman
Hon. Lonnie R. Powell, Councilman
Hon. George G. Reid, Councilman
City of Sebastian
P.O. BOX 780127
Sebastian, F1 32978
Gentlemen:
Today I was proofreading the ballot pages for the City of
Sebastian election on March 10 and became aware of incon-
sistencies between your ordinance No: 0-91-31 anO Florida
Statute 98.031 pertaining to the City's Referendum No. 3,
and I thought you would, like this brought to your attention.
Please see the attached pages of the ordinance with my
comments written in the margins.
Florida Statutes 98.031 and 98.091 describe how precinct
boundaries are created and altered; F.S. 98.031 describes
how polling places are designated. Copies are attached.
Florida Statutes do not give the Supervisor of Election~
any authority whatsoever in appointing a canvassing board.
Because of these inconsistencies, you might want to re-
consider your vote to Present Referendum No. 3 to the
electors of the City of Sebastian.
Sincerely,
hnn Robinson
Supervisor of Elections
Post-It'" brand tax transmittal memo 7671 ofp.ges ~
.
$AN-30-1992 10: 59 FROM ELECT ! ONS SUPERU ! SOR
II
F.$.I~f
CHAPTER Ill
REGISTRATION OPFICE, OI:FIgGR~, AND plIIO~EDUREI
98.051 Registretion and election districts, precincts,
and polling places: boundaries.
98.041 Pflrmanent single registration system estab.
fished.
98.051 Registration boOkS for permanent registration
system; when open or closed.
98.081 Removal of names from registretlon books: pro.
ce~lure.
98,091 Use of system by municipalities.
98.101 SpeCifications tot permanent registration bind.
ers, files, and forms,
98,111 Registration form; information required.
98.161 Supe.rvieor of elections: election, tenure of
office, compensation, Custody Of books, suc-
ceseof, ~eel,
98,1al Supervtem of elections to make up indexes or
records,
98~.~1 Removal of names of disqualified electors.
96.211 County registers open to inspectlen; copies.
98.212 Supervisors to furnish .statistiCal and other
infomlation.
98.231 SupervisOr of elections to furnish' Department
of Slate number Of registered electors.
98,251 Election Code: oopla~ thereof.
98,255 Voter educational progrm'ns and materials.
98.271 Appointment of deputy supervisors and volun-
tear deputy voter registrars; authority; com-
pensation; rules.
98,301 Duty of officials to furnish lists of deceased per-
sons, persons adjudicated mentatly encore-
patent, and persons convicted of a felony.
98.1321 Certificate of election.
98,391 Registration; aut6matlon in processing.
98.401 Data processing cards; contents.
98,412 EleCtors' m~ster data record cards.
98.421 Use of cards et precinct level,
98.4:31 Precinct reco~ boxes; seN.
98,441 Alternative procedure.
98.451 Registration; automation in processing.
98.461 Registration form, precinct register; contents.
98.4i'1 Use of preetnct register at polls.
98.481 Challenge to electors.
~,t1~ prO~edere.
eglItrltlon ind election districts, pre-
e~ll~al placelI botmdarieL--
(1) Subject to the provisions of e. 95.091, each
county election precinct, election district, and poIling
place in this state as defined and fixed ts recognized and
continued. Except as otherwise p~vided in paragraph
(3)(a), the board of county commissioners In each
county, upon recommendation and approval of the
supe~sor, shall alter or create new districts or pre*
cincts. Each precinct as nearly e~ practicable shal) be
composed of config~us and compact areas and shall
be numbered, The supervisor shall designate a polling
place at e suitable Ioc~tion within each precinct. The di~-
trlct ~ precinct shall not be changed thereafter except
wlth the consent of lour member~ of the board of county
commissioners and the supervisor. The board of county
commissioners ~ the aupewtK~ mm/have precinct
boundaries COnform to munie. Jpel boUndlr~l in accord-
ance with the provisions of s. 98.CG1, but, In any event,
the registration books shall be m~tdained In such
manner that there may I~'clete~mined therefrom the
total number of electors tn eich
(2) When In any electkm them ire f~lK tI~ 2S reg-
islered electors of the only POIIiiCII party hiving
dates on the ballot at any I~lK~inct, Such l:~l~not may
be combi~KI with othe~ a4~jc~ng prechcts Into one
election district upon the rems'tittle, clarion el the IUpe~-
visor and the approval Of the oounty
Notice of the oombinatio~ of precincts into elecUor~
triers shall be given in the tame manner ~ peovided in
(3Xa)l. No election precinct et district iInIJl be
eted. divided, abolished, of consolidated, o~ the bo~Jnda-
flee therein changed, during the period between Janu-
ary I of amy year the lest'dlglt of which ia 7 ami Decca.
bar ;I of a~y year the b, st ¢liglt el which is 0.
2, In addition to those periods of time during which
change of precinct or distr~t boundaries iS ncr proh{b-
ired pursuant to subparaDfaph 1., the boundeJ~eS o!
election precincts and districts may be changed during
the period between January 1 of lay year the lest digit
of which is 7 and Januan/1 of any year the Jut digit of
which is 0, when such chmlge ia due to the subdivision
of an existing precinct or distdet or to munt¢lpaJ
tics, detachment, or consolidation or other such action.
(b) 'The 8ecrettu'y of State may, upon the request of
a. county, waive ComplianOe with paragraph (a) ff such
county has met the requirements of the U,8. Bureau of
the Consua ee set forth in itc Iguidelines.
(4Xa) Each supervisor cf elections shall provide and
maintain a auttable map drawn to a scale no smalier than
3 miles to the inch and clearly delinesIIng all major
observable features such as roads, streams, end railway
lines and showing the current geographical boundaries
of each precinct, election dietrlct, representative dlstNct,
and senatorial dtstrict in the county. A word des¢flptlon
of the geo{Faphicnl boundaries shall be ~ttached to
each n%ep,
(b) Each Iuporvisor Of elections shall ~and a copy of
ach map with attached description to the Sea,sLaty of
tats no later than March 1 of any year the le~t digit of
which is 7. No later than April 1 in any such year, the
retary of State shell transmit im Jpl~:~3date copy of fac.
simile of each map to the Uniled State~ Bureau of the
Census.
(O) The supervisor of ele~Jlonl shift notify the Sacra.
tary of State in writing within 30 dm/e of any reorganize-
tics of precincts or electi~ diatrict~ mid ahalt furnish a
copy of the map showing the current geographical
bOundarle~, designation, and word descriptto~ of each
new precinct or election district. '
(5) Within 10 deya after there te any c.J~nge in the
dlvisi0n, number, or boundaries of the election pre-
cincts, or the location of the polling places, tt~ supe~vl.
E
· .LEOTIONi (Cont,)
Sealing and c~rti~/ing counter eatttng pries to
101
Signature Identificatlo~ elipa, 101.4/'. 101.49
Specll~'.atlone, 101 2~
Stendat~ls and ce[title. Sion, 101.017
Storage, 101 ~
Subatitute b~lot to~ lost{ etoten, or ¢!eatroyed offk;lel
beJIot,
'[N3ulatlon of vot~s, 101
'~esting, 101.35, 101
UnOf~ ballot", ute In piece o! defectNe machine,
101 A0
Vendo~l, employm~t of eleotion officials. 101.3ll
EL~[CTIOflS OANVA~SIN~ COMMIMION
Ce~tlfiMtea of results, ~uance, 102,121
ce~tioh o! returns ~ cN~0tetetlcm of ~esutt$, 102,1
tsfegutat o~ false mtum~, 0utile, 102,131
Membmehlp. 102,111
Spe~el eleetlon=, ~anva$1 of returns and deatamtRm of
moue, 1D~.111,100,191
't'me vote deteralh'~tlon. 102.131
INOEX
ELECllON~ DIVISION O~ {Ca~t.)
Inveatlgation, cempa~g~ t~enclng vlalat~one, 10~.22,
authority to a~tM,
Ru~klng
E
ELECTIONS COMMIIIION Budget, 106.24
Carnl~gn linancing,~o~etl~ns, omms, ~u~.w, w. ,
C. amp~ tmwJters' eooounts, k~pact~, 106.06
Conflde~tt~Ity of oomptal~te ~,r~d IX~oeedlngs, ~iver,
106.2~
County c. anv~eing boards, apl~e~ o~ tste tatum
102,1 t2
Creation, 106.24
Hearlng~
Campaign flnenoing viOi&tiOnS, 106.04, 106.07, 10625,
ooncurren~e of the eupe~sor of eteotlona, m~y
the bounclGrie$ of the precincts ~n each mummpmity
within the county to conform to the boundJ'lea of the
· mun~oip~tity, sub)eOt to ~he concurrenoe of the govern.
incj bevy of the municip,Jtity, All blnder~, fiteB, m~d other
equipment of malerials nec~'y for the permenent
registration system shell be~jrnllhed bY the bcmrd of
county commi~aionel~,
..~o (d2s) The aUl:mrvisor of electlon! thNI dellv~t the
r required for e municipal election to the municipal
elections boards et other e. pprop~ate electlon~ offlcisle
betore the election and collect them after the eleOtion.
'l'he munlcii3~lity thais mimburne the county for the
cruet coots iflcutmd.
~L~ [3) Any pemon who ts a duly registered elector pur.
"'-"euant to this code and who m~icle~ within the bounda-
munlc~pel electtonQ, the provteioa~ o~
local charters notwithstanding. Electom who are not rog~
istered under the permanent regi~tte~ton system shall
not be permitte¢l to vote.
m e3-3~:~ s,m.e~-r~;L~.m,. A-13
2, ch. 29r81. t~ s, i. ~h. S7-1;~: ~ , .
At.antes baik~te, ~g of m~, 101.~
~ au~ to ~t~, 101~, lol .~
~t~ ~ ~, du~, 101
~ ~t e~, ~, 101,~1~
~e ~t, ~i~, 101~
Vo~ ~, 101~
~te hi, ~ to ~t d ~te. ~.~
~t~
C~~t e~~, ~t~, 101
~n ~ ~ ~, 101.~
~ eu~, ~.~t, 101.~
E~ctbn ~e ~m~le~, ~trl~, ~1
E~tmn~ voting ~te~, ~ ~ ~~
system, 101.0IS
~tef~ls retent~ ~ ~t~, 10~,~
~f~e hours, ~.~1
Petition ~gn~tur~. ~t~, ~.~5, ~.~1,
Petitions, ~etent~n ~r~, ~.~7
Peg ~tc~*. 101.131
Recult,. transmit~. l~lSl
S~ml~ ~ret. 101.015
JAN-~O-lgg2 11:81 FROM IRC ELECTION5 5U~vl~o~ ~u ~
ORDINANCE NO: 0-91-31
AN 01tDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY,. FLORIDA, SCHEDULINQ AN ELECT~0N TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE iN
ORDER TO AMEND PORTIONS OF THE CITY CHARTER;
AMENDINO SECTION 4.06 OF THE CITY CHARTER
PERTAINING TO ~LECT~ON PRECINCTS AND POLLIN~
PLACES~ PROVIDING THAT ELECTION PRECINCTS AND
POLLING PLACES SHALL BE ESTABLIRHED BY THE
SUPERVI~0R OF ELE~IONS FOR I~ RIVER CO~,
SECTION 4.07 OF THE C~ CHARTER PERTAININ~ T0 THE
ADOPTION OF NECESSARY ~RR~EMENTS F0~ HOLDIN~ ALL
CI~ ELECTZONS; PROVIDiN~ T~T ~E CI~ C0~CIL
S~L ~E ALL ~E .NECESSARY A~EH~TS 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 RETU~S~ AU~0~IZING THE' CITY CL~ T0
APPOINT A CITY ELECTION C~AEEiNG BOA~,~
P~0VXDINC PROCEDURES FO~ CONV.ENI~G THE CITY
CANVASSING BOARD AND RECORDINC RESULTS OF THE
BOARD; PROVIDIN~ FO~ A SPECIAL MEEtiNG 0F THE CITY
CO~CIL FOR TH~ PURPOSES OF RECEIVING RESULTS OF
THE CITY C~VASSINQ BOARD, DECLARING ELECTION
~ESULTS ~D ADMINIHTERiN~ OA~S OF OFFICE TO NEWLY
ELECTED CITY OFFICIALS; ~ENDIN~ SECTION 4.09 0F
THE CITY C~RTER PERTAININ~ T0 BALLOTS; PROVIDING
T~T ~LLOTS S~LL CONFO~ TO ~E F0~ OF BALLOTS
PRESCRIBED BY THE GENERAL ELECTION L~W OF THE
STATE OF FLORIDA; PROVIDING FOR THE MANNER
~ 8U~ ELECT~ON 8~LL B~ CO~UCTED; PR0V~DiNO
THE TIME AND PLACES FOR HOLD~NC SUCH ELECTION;
ESTABLISHING' THE FORM OF THE BALLOT FOR SUCH
E~TION~ DIRECTINC TH~ CITY. CLE~ TO PROVIDE
SUPERVISOR OF ELECTIONS WITH .A COPY OF .THE
ORDINANCE; PROV~DING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR ~N EFFBCTIVE DATE.
WHEREAS, section 166,031 of th~ Florida Statutes,Provides that
the governing body of a municipality may ~ubmit to the ~lectors of
thst municipality a proposed amendment to all or part of its
charter; and ' ~
WHEREAS, the City Council of the City of Sebastian, Indian
River county, Florida,. has determined that certain revisions
=hould be made to the Charter in order to provide more efficient
and comprehensive procedures with respect to municipal elections;
and
WHERE~$, the City Council desires to submit the amendments
to the ChaTter for ratification by the electors of the City of
sebastian, Indian River County, Florids.
NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, &e follows:
Section 1. That .the existing Section 4.06 of the Charter
of the City of Sebas~ian, Florida, ia hereby amended by deleting
said Section in its entirety and adding the following provision
in lieu thereof:
"Sec. 4.06. Elections - Precincts and polling;
places; designation of same.
-- (a) The establishment of election
Dr~cincts and polling Dlaces, including %he designation
~£ the number, boundarie~ and location of same, for the
purpose of holding municipal elections, Shall b~
e~tablished by the Supervisor of £1ections for Indian
River County, Florida. In the event the Supervisor o~
Election~ ~or Indian River County, Florida, fails %o
perform such duties, or in the event the authority of
the Supervisor of Elections for indian River County,
Florida, tO perform such duties is revoked or
~ctnded, such authority ~hall be held by the City
Council.
2
· SANT30-1992 11: 02
~ .. (b) In the event that neither the
Supervisor of ~lections for Indian River CoUnty,
.~~~.~.~ Florida, nor the Cit~ Council establishes an election
precinct and polling place £or the City of Sebastian
· with ~espect to any municipal election, then
% election precinct shall be the entire corporate
boundaries of the C£ty Of Sebastian and the polling
place shall be the Sebastian Community Center."
Section 2, That. the existing Section 4.07 of the Charter
of the City of Sebastian, Florida, is hereby amended by deleting
~aid Section in its entirety and adding the following provision
in lieu thereof:
"Sec. 4,07. Electione - How Arranged;
inspectors and clerks,
The City Council, in conjunction w~th the
City clerk, ~ha11 make &ll necessary arrangements for
holding all c~t~ election~ and shall declare the
results thereof. The City Council shall adopt
resolution, upon the calling of an election, ~tating
therein whare the ~ame ~hall be held, and n~ming the
different offices .to be filled, or questions to be
decide~, and shall cause the notice of the election to
be published in accordance wi~h S~ate law."
Section 3. That the existing Section 4.08 of the Charter
of the Cit~ of Sebastian, Florida, is hereby amended b~ deleting
~aid Section in its entiret~ and adding the following provi~ion
in lieu ther~oft
"Sec. 4.08. City Canva=s~ng
election returns.
/, _~~~ ~ If'th~ Supervi~or of Elect~on,
'~~' _Indian Rtv~ounty, Florida, does not appoint a
,~~Canva~sing Board to canvas~ the ballot~ cas% in a
~ ~ . m~cipal election, involving the City, then the C~ty
-~ ~ Clerk ~hall appoint a City Canvassing Board to be
~_ . ~._ oompo~ed of three (3) individual,: one (1) member ~ha11
'JAN-~)-Ig92 11:02 FROM IRC ELECTIONS SUPERVISOR TO 5895590 ~,~'¢
be the City Clerk and the remaining two (2) members
· hall be appointed by the City Clerk. The City Clerk
Shall act as chairperson Of the City Canvassing Board.
(b) When a City Canvassing Board has been
constituted, the City CanvasSing Board shall meet at a
place and time designated by the chairperson,' as aeon
as. practicable after the close of the polls of any
munici~al election involving, the City, at which time,
the City Canvassing Board ~hall proceed to publicly
canvass the absentee electors' ballots and then
gublicly canvass the vote as shown by the returns then
on file in the office-of the Supervisor cf Elections
for Indian River County, Florida. The City Canvassing
Board shall prepare and sign a certificate containing
the total number of. votes cast for each ger~on or other
measure voted on. The. certificate shall be placed on
fil~ with the City Clerk.
(c) The City Council shall hold.a spe=i~l
meeting on the first Monday following the election for
the purpose of receiving the certificate of the
canva~sing of the returns by the Supervisor Of
El~ctions for Indian River County, Florida, or the City
Canva;sing Board, as the case may be. The City Council
shall then declare the results of the election and
enter them in the minutes of the special meeting. Any
oath of office required to be administered to the newly
elected mayor and council members ~hall be admlni~tered
at such special City Council meeting or at the next
City Council meeting where the newly electe~ mayor or
council members are in attendance."
~ection 4. That the existing Section 4.09 of the Charter
of the City of Sebastian, FlOrida, iz hereby amended by deleting
said Section in its entirety end adding the following provision
in lieu thereof:
"Sec. 4.09.
Same - Ballot~.
The ballots shall conform to the fo~m of
ballots prescribed by the general election law of the
State of Florida."
Section 5. A~ election is hereby called and spheduled to
be held on March 10, 1992, to determine whether the revisions to
the Charter of the City of SabaStian, Florida, shall be approved
4
' 'JAt+-~- 1992 11: 0] FROM IRC ELECT ! ONS SUPERU I SOR TO z~o'~oz, r~
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 3: Amending City Charter regarding municipal
eleotiOn~, ballots end canvassing board.
municipal elections and declaring results~ to p~ovide
method ~or canva~ing results, appointing canvassing
board and accepting remults of board; to provide for
form of ballot=?
Yes for Approve1
No for Re~ection
Section B. Notice of such election shall be published in a
newspager of general circulation according to the laws of the
State Of Florida.
Section 9.
upon its passage.
This Ordinance aha11 take effect immediatel~
The foregoing Ordinance was moved for adoption on second
reading by Councilman. , . The motion was
put into a vote, the vote was as fOllow~:
6
Mayor W. E. Con~erz
Vice Ma~or Frank Oberbeok
Counoilman Peter R. Holyk
Councilm&n Lonnie R. Powell ~
Councilman George G. Reid
The M~ayor thereupon declared this Ordinance dul~ passed and
ATTEST:
K&thryWJM. O' Ha~lO~&n,
CMC/AAE, City Clerk
( Seal )
CITY OF SEBASTIAN
By: ~__
7
~ '~ . 11:04 FROM iRC ELECTION5 5u~Kw~u~
I HEREBY CERTIFY that notioe of ~ublic hearing on
~his Ordinanoe was published in the Veto BeaCh Pregs Journal a~'
re ui~ed by State Statute, that one {)ublic he&riD~ Was held on
~ ' , 1992, and that followzng sa~ publlO
Cit~ Clerk
Approv~ an to Form mn~ Content:
City Attorney
8