HomeMy WebLinkAbout02071990 City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
A G E N D A
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, FEBRUARY 7, 1990 - 7:00 P.M.
CITY COUNCI~ CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND ~NFORMATION ON ITEMS
LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
5. ANNOUNCEMENTS/PROCLAMATIONS
90.038 A.
Proclamation - National Burn Awareness Week
2/4/90 - 2/10/90
6. PUBLIC INPUT
90.039
Non-Agenda Items
1. Paul Lindsay - Sebastian - Discuss Legal
Notices (Letter from Lindsay dated 1/22/90)
B. Agenda I__tem__s
7. WORKSHOP ITEMS
89.019
Discuss Street and Drainage Acceptance - Unit 17,
Sebastian Highlands (City Manager Recommendation
dated 1/31/90, City Manager Memo dated 1/31/90,
Memo from City Engineer dated 1/31/90, Letters to
GDC dated 9/20/89 and 9/28/89, Letter from GDC
dated 10/5/89, 1979 Contract)
90.040
89.228
89.156
90.041
90.019
90.042
90.043
Discuss Rebroadcasting City Council Meetings on
the Following Day (Requested by Vice Mayor
McCarthy - No Backup)
Review Personnel Re-Classification Requests (City
Manager Recommendation dated 2/1/90, Summary of
General Fund Requests, Memo from City Manager
dated 11/29/89)
Review Ordinance No. O-90-01 - Contractor
Licensing (Staff Recommendation dated 1/18/90,
O-90-01)
Discuss Planning and Zoning Recommendations Re:
Utility Poles in City Right-of-Way and Drainage
Ditches (Staff Recommendation dated 2/1/90, Memo
from Director of Community Development dated
2/1/90)
Review Annexation Committee Report (City Manager
Recommendation dated 2/1/90, 10/27/89 Annexation
Committee Meeting Minutes, Map)
Discuss City Board Handbook (City Clerk
Recommendation dated 1/4/90, Memo from City
Clerk dated 1/4/90, Proposed Handbook was
distributed to Council 12/4/89)
8. MAYOR'S MATTERS
A. Discuss GDU Water Flouridation (No Backup)
10.
11.
12.
COUNCIL MATTERS
B.
C.
D.
Vice Mayor McCarthy
Councilman McCollum
Councilman Oberbeck
Councilman Rondeau
CiTY ATTORNEY MATTERS
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
2
THE SEBASTIAN
P.O. Box 781299, Sebastian, FL 32978-1299 * 710 Washingtofi~J,~Sh~ ~-, Se~.~stian, FL 32958
Phone: (407) 589-4566.~..,'
Janua~ 22,1990
Ms. Kathryn M. O'Halloran
City Clerk
City of Sebastian
Sebastian, FL
Dear Ms. O'Halloran,
Once again, I respectfully request that your office give consideration to placing required legal
ads for the City of Sebastian with Sebastian's newspaper, The Sebastian Sun as opposed to the
Vero Beach Press-Journal.
As you know from past discussions, our newspaper meets code requirements for carrying
these legals. In addition, we will handle these ads for approximately 22% less than the
Press-Journal. Your current rate with the Vero Beach paper is $3.85 per column inch. We
offer a rate of only $3.00 per column inch.
In the past you have indicated that in some cases our being a weekly newspaper prevents you
from using our publication because the City Attorney does not provide final details for such
ads until after our deadlines. I am sure that such minor hangups can be resolved, after all
there are a number of cities in the state that never use a daily newspaper for their legal ads
and they don't seem to have a problem with it.
I stand ready to work with you, the City Attorney and the City Council to develop a fair and
equitable program for placing the City's legal ads.
Sincerely,
Paul Lindsey
cc: Mayor, Richard Votapka
Vice Mayor, Robert McCarthy
Councilman, Frank Oberbeck
Councilman, Lloyd Rondeau
Councilman, Robert McCollum
City Manager, Robb McClary
City .of Sebastian
POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Unit 17 S.H. -
Street & Drainage Improvements
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin
)
)
)
)
)
)
) Exhibits:
)
)
)
)
)
)
Date Submitted 1/31/90
For Agenda Of 2/7/90
- CM Memo 1/31/90, j_
- CE Memo ~/-1-~-//~/~
- Letter to GDC 9/20/89
- Letter to GDC 9/28/89
- Letter from GDC 10/5/89
- 1979 Contract
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
In 1988, General Development Corporation (GDC) completed certain
improvements in Unit 17, Sebastian Highlands which they would now
like to turn over to the City for maintenance. Should the City
Council wish to accept these improvements, a procedure should be
outlined and agreed upon by both GDC and the City. On January 29,
1990 City and GDC officials met to review an acceptable procedure
for the City to assume maintenance responsibility for these
improvements.
RECOMMENDED ACTION
The City Council should review the proposed street and drainage
acceptance procedure with GDC officials. The City Council may
choose to ratify the accepted procedure at an upcoming meeting such
as February 14, 1990.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
M E M 0 R A N D U M
January 31, 1990
Richard B. Votapka, ,or & Sebastian City Council
Robert S. McClary~..4~
Street and Drainage Improvements $.H. 17
On January 29, 1990, City Engineer Dave Fisher and I met with
General Development Corporation ("GDC") officials to discuss
acceptance procedures for certain improvements in Sebastian
Highlands Units 16 and 17. Representing GDC were Jack O'Neal,
Ralph (Cap) Cain, George Kulczycki, and Roger Norton.
BACKGROUND
In 1988, GDC completed a portion of Unit 17 which is situated
generally to the east of Pelican Island Elementary School. The
improvements constructed by GDC were inspected by a full-time
City Inspector (through Randy Mosby's office) who was reimbursed
by GDC. GDC has informed me they had agreed to an acceptance
procedure with former Mayor L. Gene Harris whereby the City would
accept maintenace of the streets and drainage facilities in this
section of Unit 17 upon certification of the improvements by GDC
engineers and inspection and certification by the City Engineer.
Subsequently, GDC officials requested the City to accept
maintenance responsibility on these improvements. Upon reviewing
the 1979 agreement and other related documents, it is my position
that:
The City is not required to accept any street or
drainage facilities in Units 16 and 17 until all
street and drainage facilities are complete and
constructed to the standards mandated by the
1979 agreement.
GDC is responsible for the maintenance of all streets
and drainage facilities in Units 16 and 17 until
accepted by the Sebastian City Council by Resolution.
The City is not required to accept any improvement
unless it is constructed to the standards established in
Paragraph 14 of the 1979 agreement.
Ma3or drainage canals which will have bulkheads,
including Collier Creek, Elcam Waterway and Schumann
Waterway, are governed by Paragraph 15 of the 1979
agreement, and they are, therefore, excluded from this
proposal.
Acceptance of bridge improvements are excluded from the
1979 agreement and, consequently, are excluded from this
proposal.
The existing condition of streets in the portion of Unit
17 south of Barber Street in the area of Nebraska,
Filbert and Hinchman is very poor. The streets in this
section will virtually need to be reconstructed. The
condition of the streets in the balance of Unit 17 --
situated on both sides of Schumann and located south of
Englar and north of Barber -- need to be brought up to
standards.
The condition of drainage structures in Unit 17 has not
been assessed and is unknown.
The streets and drainage structures within the most
recently completed section of Unit 17 (to the east of
Pelican Island Elementary School) are acceptable.
GDC is not asking for acceptance of Unit 16 improvements
at this time.
RECOMMENDATIONS
As a result of our January 29, 1990 conference with GDC officials
I recommend the following:
The City accept for perpetual maintenance all street and
drainage facilities constructed to date in Unit 17,
Sebastian Highlands, with the conditions outlined herein.
The City is expressly not waiving any rights pursuant to
the 1979 agreement by accepting these facilities at this
time.
2
GDC engineers and the City Engineer will inspect the streets
and drainage facilities constructed in Unit 17 and
develop a scope of work and punch list of items
necessary to bring all street and drainage facilities up
to the standard required by the 1979 contract. This
assessment may require the use of consulting engineers,
surveyors and a testing laboratory. Any outside expense
will be reimbursed by GDC.
GDC will commence construction activities pursuant to
the scope of work and punch list. The City will inspect
work in progress with the inspection expense reimbursed
by GDC.
U~on completion of the reconstruction, GDC engineers
will provide as-built plans certifying the street and
drainage improvements were constructed to the standards
established in the 1979 agreement.
The City Engineer would then review the construction
standards of the improvements with this expense, if any,
to be reimbursed by GDC. We anticipate the inspection
of existing conditions, development of a scope of work,
construction inspection, and final review of as-builts
may be performed by a consulting engineer.
The City Council would accept the streets and drainage
facilities by Resolution.
GDC will remain responsible for the maintenance of all
streets and drainage facilities described in the
Resolution for a period of one (1) year after the date
of adoption of the Resolution.
EXCEPTIONS - OTHER ISSUES
This acceptance procedure is conditioned upon the
ratification by the City Council, since by Charter
acceptance of subdivision improvments rests exclusively
with the City Council.
Any ma3or drainage structures which include bulkheads
including portions of the Elcam Waterway, and Schumann
Waterway, within Unit 17 are excluded from this
procedure and are otherwise governed by Paragraph 15 of
the 1979 agreement.
Any bridge or culvert structure under Schumann Drive for
the Elcam Waterway or Schumann Waterway is excepted from
this acceptance procedure.
3
This acceptance procedure does not include dedication of
certain public service tracts including the following:
"Park" Tracts A, H, K, I, M, N, O, Q, R and S.
This procedure does not address the Barber Street-
Stratton Avenue link to U. S. 1 and the lack of adequate
right-of-way.
CONCLUSION
This acceptance procedure is to be discussed at the City Council
Workshop Meeting of February 7, 1990. We have invited GDC
representatives to be present. Additionally, I attach
photocopies of correspondence regarding this matter.
LR
Enc.
4
DATE:
TO:
FROM:
RE;
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMO
31 January 1990
Robert S. McClary
Dave Fi sher Z2~/'~
LIST OF STREETS PAVED TO DATE WITHIN UNIT
Following for your information and use is the subject list
with appro×imate paved dtstances as of this date.
OLD EXISTING STREETS
BARBER ST.
SCHUMANN DR.
FILBERT ST.
HINCHMAN
NEBRASKA CIRCLE
FRIAR CT.
BRYANT CT.
MELTON AVE.
LANCASTER ST.
KARRIGAN ST.
LARCHMONT TERRACE
LANDOVER DR.
REDGRAVE DR.
JOY HAVEN
CURTIS
THUNDERBIRD DR,
S. EASY ST.
CAPRONA ST.
EMPRESS AVE.
MARSH ST.
DAHL AVE.
ORMAND CT.
CAPRI AVE.
2300
8500
3900
2050
255O
1750
8OO
1550
1000
1000
3550
1000
1200
200
850
1150
1400
2600
1900
800
1400
i000
2100
LF
MORE
PAVED STREETS IN UNIT 17 31 JAN 90
PG 2 OF 3
ENGLAR DR.
OSCEOLA
AETNA ST.
ADMIRAL CIRCLE
FLINT ST.
LANCE ST.
MABR~' SI'.
CRAWFORD DR.
SPRING VALLEY AVE.
2000
800
1000
1900
700
200
3930
2300
1700
TOTAL
58,480 LF = 11.08 MILES
NEWLY COMPLETED ROADS
BARBER ST.
MIDWAY CT.
BRISBANE SI'.
ALDEA DR.
ALNAMBRA AVE.
DUBAN ST.
DUNCAN ST.
BRISTOL ST.
KEYSTONE DR.
STRATTON AVE.
ARCADIA DR.
TRACY DR.
EMPIRE TERRACE
DOUGLASS AVE.
ATE}{ENS CT.
DARDEN CT.
BIRTLE CT.
MILLER DR.
PADDOCI( ST.
JUSTINE DR.
MALTZ AVE.
CAMILO CT.
DAY DR.
ALEXIS ST,
6750
500
525
2050
1050
800
800
2500
1000
1500
1800
1050
3050
1450
2O0
200
150
2400
6OO
1400
25O
250
48O0
2OO
LF
TOTAl,
35.275 LF
6,67 MILES
MORE
PAVED STREETS IN UNIT 17
31 JAN 90
PG 3 OF 3
STREETS NOT YET CONSTRUCTED
TRACY DRIVE
BRISTOL ST.
EMPIP~E TERRACE
BRISBANE ST.
ALHAMBRA AVE.
ITHACA AVE.
EMPRESS AVE.
SPRING VALLEY AVE
ALEXIS ST.
GIRARD AVE,
CHERRY CT.
ARCHER ST.
APPLEBERG
SUNBURST
THUNDERBIRD DR,
CAPRONA ST.
1300
300
300
3OO
700
1300
1600
2400
150
1600
800
1100
1100
1200
4500
1000
LF
TOTAL
19,650 LF = 3.71 MILES
City of Sebastia t
POST OFFICE BOX 780t27 o SEBAfiTIAN, FLORIDA 32078
TELEPHONE (40?) 589-$330
FAX 407-589-5570
September 20, 1989
Hr. George Kulczycki
Director of Community Operations
General Development Corporation
1243 South U.S. gl
Veto Beach, FL 32962
Re: Street and Drainage Improvements SII 16 & SiI 17
Dear George:
This is to confirm our discussion at the meeting held on
September 20, 1989 in my office. Among other items, we discussed
acceptance of street and drainage facilities constructed by
General Development Corporation (aDC) in Unite #16 and #17,
Sebastian Ilighlands which GDC wishes to transfer maintenance
responsibility to tile City of Sebastian. Upon reviewing tile 1979
agreement and related correspondence and documents, i% ie my
pos~ tion that:
1. GDC is responsible for the maintenance of all street and
drainage facilities in Unit 16 and 17, Sebastian Ilighlende until
accepted 'by the Sebastian City Council by Resolution.
2. The City is not required to accept any street or
drainage facilities in Unit 16 and 17, Sebastian lltghlands until
all street and drainage facilities are complete and brought up to
standards.
Mr. George Kulczycki
General Development Corporation
September 20, 1989
Page ~2
3. The City is not required to accept any ~mprovements
unless constructed fo the standards established in paragraph 14
of the 1979 agreement.
Following our meeting today, I am willing fo recommend fha
following to the City Council:
1; That the City accept for perpetual maintenance all
street and drainage facilities constructed fo date in Units 16
and 17 Sebastian Ilighlands with the conditions outlined herein.
Please note that we are expressly not waiving any rights of the
City pursuant to the 1979 agreement by considering accepting the
maintenance responsibility for these facilities at this time.
2. GDC engineers must certify
improvements were constructed to the
1979 agreement.
that the street and drainage
standards established in the
3. Acceptance would be conditioned upon the City Engineer
verifying the construction standards of the improvements, such
engineering expense to be reimbursed to the City by GDC. We
anticipate that this would involve the engagement of an
independent consulting engineer to review your aa built drawings,
certifications and to perform core samples end laboratory
analysis.
4. Upon acceptance of tho improvements by Resolution of the
Sebastian City Council, GDC will remain responsible for the
maintenance of all street and drainage facilities so described by
said Resolution for a period of one (1) year after the date of
adoption of ouch Resolution.
The above outline is expressly conditioned upon ratification of
the City Council in that the Land Developmsnt Code, the 1979
agreement and the City Charter reserves the authority of
accepting sub-division improvements solely to the City Council by
Resolution.
Mr. George Kulczycki
General Development Corporation
September 20, 1989
Page #3
Therefore, I am in a position to merely recommend e~ceptance or
acceptance procedures within the frame work of the Land
Development Code and City Charter and that the final decisions
are made by the Sebastian City Council.
Again, thank you for meeting with us on September 20, 1989 aa we
look forward to working with you in the future.
Sincerely,
Robert S. McClery
City Manager
RSM/Jmt
cc-'
Richard B. Votspka, Hayer & Sebastian City Council
Randy Hosby, P.E.
William B. Meesersmith, P.E.
David W. Fisher,
Bruce Cooper, Director Community Development
Charles I. Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN. FLORIDA 32976
TELEPHONE (407) 589-5330
FAX 407-589-5570
September 28, 1989
Mr. George Kulczycki
Director of Community Operations
General Development Corporation
1243 South U.S. #1
Veto Beach, FL 32962
Re: Street and Drainage Improvements SH 16 & 17
Dear George:
Thank you for participating in the Regular Sebastian City Council
Meeting of September 27, 1989.. The City wishes to move forward
with an acceptance procedure for street and drainage improvements
in SH 16 and SH 17 along the the lines outlined in my letter to
you dated September 20, 1989. Although you may not know the
extent of street and drainage facilities which will require
rebuilding in order to meet the agreed upon specifications, we
ask you to provide a time frame within which you will begin and
complete construction. If you could provide me with a written
construction schedule by October 5, 1989, I will place the matter
on the Regular Meeting agenda for City Council consideration on
October 11, 1989.
Again, thank you for your continued cooperation as we look
forward to hearing from you in the near future.
Sincerely,
Robert S. McClary
City Manager
RSM/jmt
llages of Sebastian Iti lhlands
RECEIVED 0[:1' _ § 1989
^ C.~.nc.r,ql [')r'.vr. lopmr, i'~f Cr~r~r~lion ~omnlur~ily
October 5, 1989
HAND DELIVERED
Robert S. McClary, City Manager
City ~f Sebastian
P. O. Box 780127
Sebastian, Florida 32978
Dear Mr. McClary:
Thank you for your letter of September 20, 1989 regarding Road Acceptance
in Units 16 & 17.
I have discussed the four (4) recommendations outlined in your letter with
our Miami office and we will agree to comply with items one (1), two (2),
and four (4). In regards to item three (3); cost associated should be in
compliance with industry standards for these type of activities and shall
not exceed a maximum of $400.00 per mile.
I do not have a definite schedule as yet'but hope to start repair work in
the near future.
If you have any questions, please give me a call. I look forward to discuss-
ing these items with you and the council on October 11, 1989.
Sincerely,
Director of Com~nity Operations
GRK/sr
AGREEHEHT .
THIS AGR[EHENT, mede end entered Into this /~" ~
day of August, 1979, by end between GENERAL DEVELOPflENT
CORPORATION (hereinafter called "Generale'), a Delaware
corporation authorized to do business iff the State of
Florida, and the CITY OF SEIASTIAN (hereinafter called
j "City'S) , a municipality under the laws of the State of
Florida;
V I T H E S S E T H:
VHEREAS, General has recordad In the Official
Records or Indian River County. plats aubdlviding lands
~ithln the City; end
VflEREAS, General hll posted corporate performance
bonds and/or surety bonds as security for the construction
of roads and drainage facilities as shown on said plats; end
VIIEREAS, General has completed construction of
roads and drainage facilities es shown on laid plats~ end
VtlEREAS, General having completed construction oW
ell roads and dralnage facilities In the recorded plats of
Sebastian iIIghlands Units 2 through 6 and 8 through 15, as
recorded in the Official Records of Indian River County,
which were not previously accepted by City and hiving an
obligation to complete the roads end drainage Wacllitles In
Units IG end 17; and
UII[REA$, General's obligation Is to have completed
construction of said roads and drainage Wacllttles In ac-
cordance with the req~lrements of the ordinances of the City
in ef[ect et the date of acceptance by the City of the
plats, wi(ich ~ere duly recorded by General; and
WlI~REA$, the City and General desire to resolve
all disputes between the parties In regard to constructl'on
end reponslb~ lily for road construction end maintenance in
Units 2 thr¢~ugh 6 and 8 through 15 of the r~corded plats of
Sebastian ltlghlands.
NOW 1H[REFORE, In consideration of tt~e mutual
covenants contained herein and other good and valuable
consideration, the parties do hereby agree as follows:
i. 1he agreement entered Into between General
· nd City, dated the ~th of June, 1976, Is hereby voided and
shall no longer have any force or effect. ~
2. General herewith pays to the City the sum of
two hundred thirty-three thousand dollars ($2~j,OOO.OO) for
the purchase of maintenance equipment to maintain roads and
drai~age facilities in the City of Sebastian, and to assist
In the reconstruct Ion and/or repair ef the Lake Hardee dam. ,
3. General herewith pay~ to the City the sum o[ _.
one hundred twenty-five thousand dollars [$125,O00.OO) to
assist the City In paying the cost of an access road to the
southern portion of the City of Sebastian from U.S. I to
5human~ Orlve and to assist In paying for resurfaclng major
arterial rnads In the City, or for such other road and
drainage purposes as may be determined by the City Council.
b. 1he City by e~ecutlon of this agreement,
which ha~ I~een approved by a majority vote end resolution of
the City Cr~ncll, City o! Sebastian, does hereby accept as
completed hy General In accordance with the Subdivision
Regulations et the City, all roads and drainage facilities
in U~lts 2 through ~ and Units 8 through 15 of Sebastian
Highlands, according to the plats thereof recorded In the
~l!iclal Records of Indian River County~ e~cept es stated In
l'aragrnph 15 herein, and the City henceforth shall be responslblle
f,':r the maintenance ef said roads and drainage facllltles
~itt~in said plat units.
- 2
5. General shell, upon execution of this agreement,
deed t<~ the City for municipal purposes the twelve (12) acre
slle located et the Intersection of Berber Street end. Arbor
Drive. Tills conveyaf~ce by General shall be conditioned upon
General receiving from the Indian River County School Board
(the School Board) a letter rellnqulshlng all right, title,
and i.lerest in said tract.
6. City shall, within sixty (60) days of the
dale of this agreement , repeal that provision of Ordinance
No. 175, Paragraph 6.Dy-B, requiring construction of ten
(10) percent of homes on · platted street prior to acceptance
by the City nf roads and drainage facilities constructed by
developer.
~. General shell convey to the City the tract
located at the Intersection of Barber Street end Schumann
Drive in the City. upon the payment to General of the sum of
nine thousand five hundred sixty dollars ($9,S60.OO). The
conveyance will limit the use of the parcel to school purposes
or such tract will revert back to the ownership of General
Development. General hereby acknowledges receipt from City
of the sum of nine thousand five hundred sixty dollars
(59,560.00) in full payment of this obligation.
8. City dlscherge~ and release General, Its
officers, employees, stockholders, successors and assigns
from any and all obligations, liabilities or agreements
relating to the payment by General to the City of surety
bond premiums savings which have accrued or may In ~he
fUlure accrue lo General because of corporate performance
ho,~s posted with the City hy General.
~. General shall obtain en easement through the
Boy Scout property adjacent to Unit rive (5) of Sebastian
Highla~ds and shall construct, upon receipt of ell necessary
permits if any are required, and es soon as pracllcable, any
necessary drainageway, as determl~ed in its engineer's
oplr~io~,. ID pre, vide adequate drainage of the area to he
relieved by said drnlnageway. If permits are required
General shall provide the technical e~pertlse and any necessary
engir~eerln_q design or data for the City to apply for the.
necessary permits. General shall COnstruct such dralnagaway
and ~btaln any permits entirely at Its e~pense and'at no
cost or lurther obligation to the City.
I0. General wi II Indemnify and legally defend
s~o co~t t~ the City and save the City harmles~ from any and
all actlun~ i~t judgments, If any~ by purchasers of property
from Ge,eral wh~ have any complaints or legal actions against
G~neral In regard to the location and/or construction of
dralnageways in the City.
I I . General wi I I complete a cora boring program
and will reconstruct at General~s expense City streets
Units 2 through 15 of Sebastian Highlands to provide one
incl~ of asphall wearing surface, as defined herein ~ ~here
deficiencies have occurred. As an alternative to Such
reco~t~lruc{lon, General, upon ~he City's reque~t~ shall
deposit ~lth the City an amount computed It ~.00 per ton
of' a~l~hnlt estimated as required to correct the deflclencyt
fur the City's exclusive use for road maintenance In the
City. ~neral ~111 be obligated under this paragraph I[ the
results ~f the core borings, taken at the frequency of five
(5) bnrin~l~ per mile, Indicate less than one (I) Inch
asphalt surlace ~lthln a tolerance of minus (*) one quarter
(I/~) I~ch. ~here deficiencies occur the area nf deficiency
shall be f~rther defined by additional borings. General
~hall f~r~vlde to the City the result~ of It~ core boring
tests within ninety (~0) days from the dele of thls agreement.
1he Ci'ty ~lthln sl~ty (60) days of the receipt of such
report shall ~otlf'y General of any roads for ~hlch it requires
[und~ i<~ be deposited ~lth the City, in lieu of paving
to b~, do~e I~y ~eneral. Upon receipt of such notice
Get~Pral f~o,~ ~he City, General sh,~ll complete the paving
~v~rK rrq~ired ~lthln one hundred eighty (180) days or ~111
p~y the lu~ds tr) the City. at the City's option1.
12. City, upon execution of thll agreement,
hereby accepts the construction of all roads and drainage
facilities and ~lll thereafter maintain such roads and
drainage facilities in Units 2 through
Sebastian iIIghlands, as recorded in the Official Records of
Indian River County, except as stated herein In paragraph
15, and does hereby release and forever discharge General
and its officers, employeas~ stockholders, successors and
assigns from any and al1 obligations, under corporate bonds
or surety bonds previously pelted vlth the City to guarantee
construction and/or maintenance of raids end dralnlge facilities
In the aforesaid units, Including, but not limited to the
bonds shown on Exhibit "R" attached hereto.
I]. City does hereby release end forever discharge
General and Its officers, employees, stockholders, successors
and assigns from any and all other obligations, claims,
warranties, liens, right of eolian or other legal remedies
of whatever nature or kind ~hlch may have arisen or could
have arisen between the parties prior to the date of this
agreement.
14. General and City agree that when General ~..~
.. \
/ completes construction of the re.ds .nd dr'In'ge f'clilt'es ~
/ I,, Unlts_!6__~lpd 1~7 it shell submit them to the £lty f°~ ~
~cept.nce for malnten.nce by the City. 'h. CIty ah'Il
within a reasonable time Inspect said roads and drelna~
faclllltles In Units
co~truction In ,ccord,nc, with the Subdlvl,lon R,gul,~lT~
In effect ,t the tim, of pl,t record,tiaa. Once 'uch de:'r-
m ln~tlon Is made the City shill by resolution accept s:ch.
.-
~11 release '11 °utstandlng b°nds P°sted '°r s'ld unit~
~ 15. General shall complete the excavation
and
Installatlo~ of bulkheads in accordance with Its original
- 5 -
development-plans, consistent with General
~ which General shall use its good faith efforts to
obtain for: (I) Collier Creek from Tellsmere H~ghway to its
intersection with Elkcam Waterway; and (2) EIkcam Waterway
in Its entirety. General shell maintain these waterways at
its expense until the excavation work is completed. Upon
completion of the excavation work, the City shall accept
these waterways for maintenance.
Executed on behalf ~f the City of Sebastian In
accordance with a resolution passed by majority vote of the
City Council at its meeting on the /~ ~ay of ~L'~
~97~.
GENERAL DEVELOPMENT CORPORATION
Attest: £~ {(~
Wayne L. Allen
Vice President
CITY OF SEBASTIAN, FLORIDA
Clerk
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: P~rsonnel Requests
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin
)
) Date Submitted 2/1/90
)
) For Agenda Of 2/7/90
)
) Exhibits:
) Summary of GFRequests
) Memorandum Re: C.W.A. Meeting
) November 21, 1989
City Manager
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the final negotiating session with the C.W.A., held on August 1, 1989,
I agreed to review and evaluate various requests for re-classification of
certain existing positions after a review of the financial statement of
September 30, 1989. On November 21, 1989, I met informally with the C.W.A.
and reviewed requests for re-classifications as well as discussing son~
concerns about the job descriptions for Maintenance Worker I, II and III
classifications. The Maintenance Worker I, II and III job descriptions
were approved by City Council on January 3, 1990. The re-classification
for the Golf Course was approved on January 3, 1990. Any approval of these
re-classifications would be subject to City Council approval of a budget
amendment. RECOMMENDED ACTION
Move to concur with request of City Manager in approving re-classifying
certain existing personnel positions, subject to approval of a budget amend-
ment appropriating funds for these additional ezp~nditures.
DEPT. HEAD REQUEST
C~i~unity Development Department
Re-classification:
-Clerical II to Admin. Sec.
-Clerical I to Clerical II
Police Department
Re-classification
-Cc~n. Tech. frcrn PT to
Public Works Department
Re-classifications:
-A~min. Sec. to Admin. Asst.
-Maint. Worker I to
Maint. Worker II (Sign Shop)
-Maint. Worker II to
Maint. Worker III (Park)
ANNUAL 9 MONTHS
1,173 880
1,043 782
10,752 8,064
417 313
404 303
395 296
$ 14,184 $ 10,638
CITY MANAGER
RELATION
8,064
313
303
296
$ 8,976
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMORANDUM TO FILE
DATE: November 29, 1989
TO: File
FROM: Robert S. McClary
RE:
CWA Informal Meeting Held on 11/21/89
Informal meeting between CWA and City Manager regarding the City
Manager's recommendations in re-classifications for positions
within the CWA Bargaining Unit.
City Manager will recommend that the Maintenance
Worker I position in the Street Department for the
Street Sign Shop be re-classified to a Maintenance
Worker II.
City Manager will recommend that the Maintenance
Worker II in Park Department be re-classified to
Maintenace Worker III upon opening of Phase I (Sr.
League and Little League) at the Barber Street
Sports Complex (approximately 2/1/90).
The City Manager will not recommend re-
classification for the Maintenance Worker II
position in Building Maintenance at this time.
It is understood that City Manager may make other
recommendations for new or re-classifications for
positions from the listing in his memo to CWA dated
11/20/89.
The City Manager (although Management Rights) will
make recommended changes in the 3ob descriptions
for Maintenance Worker I, II and III.
/S/ Thomas Diekman, President
C.W.A. Local 3180
/si
Robert S. McClary
City Manager
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) $89-$330
FAX 407-589-5570
SUBJECT:
Discussion on Ordinance 0-90-01
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits:
)
)
)
Community Development
(BC)'~,.".
1/lS/9o
2/7/90
Ordinance 0-90-01
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Construction/Licensing Board has recommended to the City Council to adopt
0-90-01, which, amends the Code of Ordinance concerning Contractor Licensing
and disciplinary action that can be implemented.
RECOMMENDED ACTION
Move to set 1st reading of Ordinance 0-90-01 on February 14, 1990.
ORDiNaNCE NO. 0-90-0]. /
/
AN ORDINANCE OF THE CITY OF SEBASTIAN, I~DIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 2-93 ~RTAiNING TO
THE JURISDICTION OF THE SEBASTIAN COD~ ENFORCEMENT
oF CITY OF SEBASTIAN PERTAINING /? CONTRACTORS;
AMENDING SECTION ?-91 TO PROVIDE~FOR ADDITIONAL
DEFINITIONS; AMENDING SECTION ?-92, iTO PROVIDE FOR
INVEST?GATORS TO ASSIST IN THE ENFORCEMENT OF ARTICLE
VII; AMENDING SECTION ?-92.2 PERTAINING TO THE POWER OF
THE SEBASTIAN CONSTRUCTION BOARD TO REVIEW VIOLATIONS
OF ARTICLE VII; AMENDING SECTION ?-98 PERTAINING TO
PUBLIC ACCESS TO RECORDS; AMENDING SECTION 7-99
PERTAINING TO CERTAIN PROHIBITED ACTIVITIES; AMENDING
SECTION 7-100 PERTAINING TO REVOCATION OR SUSPENSION OF
CERTIFICATES OF COMPETENCY; AMENDING SECTION 7-101
PERTAINING TO THE APPLICATION OF ARTICLE VII TO OTHER
MUNICIPAL POWERS AND ACTIONS; AMENDING SECTION 7-102
PERTAINING TO EXEMPTIONS FROM ARTICLE VII; AMENDING
SECTION 7-103 PERTAINING TO REFERENCES TO THE BUILDING
OFFICIAL; PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE
REQUIRING OF PAYMENT AND PERFORMANCE BONDS UNDER
CERTAIN CIRCUMSTANCES; PROVIDING FOR PENALTIES;
PROVIDING FOR APPEALS; PROVIDING THAT THE ORDINANCE IS
SUPPLEMENTAL; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the construction industry is a matter substantially
affecting the public interest; and
WHEREAS, to protect the health, safety and general welfare
of the public, it is necessary to ensure that individuals and
entities engaged in the construction industry are duly qualified
and that construction is performed in accordance with the Code of
Ordinances of the City of Sebastian; and,
WHEREAS, existing laws, ordinances and enforcement
procedures have not ensured substantial compliance; and,
WHEREAS, certain measures can be taken to better regulate
the construction industry and enforce the laws and ordinances
enacted to protect the public health, safety and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1.
Section 2-93 of the Code of Ordinances of the City of
Sebastian is hereby amended by amending existing Section 2-
93(a) (16) in its entirety and by adding Section 2-93(a) (17) to
read as follows:
"(16) Land Development Code; and,
(17) Contractors (Article VII, Chapter 7, Code of
Ordinances), or any other provision of the Code of Ordinances as
allowable pursuant to Chapter 162 of Florida Statutes, as amended
pursuant to Chapter 89-268 of the Laws of Florida, and as such
may be amended, and any rules or regulations adopted thereunder."
Section ~.
Section 7-91 of the Code of Ordinances of the City of
Sebastian is hereby amended by adding the following additional
definitions to be added in alphabetical order and to revise the
definition of "specialty contractors" as set forth in Paragraph
7-91(7) to read as follows:
"~pplication for Permit means any permit application made
under the Standard Building Code, Standard Plumbing Code,
Standard Mechanical Code, Standard Gas Code, National Electrical
Code, Standard Fire Code, or any other building code or technical
code contained in or adopted by reference in the Code of
Ordinances of the City of Sebastian and the Sebastian Land
Development Code, as such have been, or may be, amended,
including all documents submitted with any permit application.
Department means the Florida Department of Professional
RegulatiOn or, where applicable, the Florida Construction
Industry Licensing Board.
Investiqator means an individual authorized by the City
Council to enforce the provisions of this Article who has the
authority to issue citations and who shall include the Director
of Community Development, the building official and code
enforcement officers, as well as those individuals authorized by
Resolution adopted by the City Council from time to time.
Person means an individual, any business or nonbusiness
entity, corporation, partnership, joint venture, unincorporated
association, trust, estate, club or society.
State-Certified means any contractor who possesses a
Certificate of Competency issued by the Department and who is
allowed to contract in any jurisdiction in the State of Florida
without being required to fulfill the competency requirements of
the city under this Article.
State-Certification means the act of obtaining or holding a
Certificate of Competency from the Department as provided in
Chapter 489, Florida Statutes (1988 Supp.) as amended from time
to time or any rule or regulation promulgated thereto.
SDecial%v Contractors are those who can qualify with a
minimum of two (2) years experience, one-half (1/2) of which must
be in a supervisory capacity, who specialize in one or more
crafts of the building construction and related contracting
trades whose scope is less than those contractors defined above
and as limited under the certificate of competency issued by the
board t~ such specialty contractor. The board may further
classify and define specialty contractors in such rules and
regulations it promulgates in accordance with this Chapter. All
specialty contractors must receive a passing grade of at least
seventy-five (75) on the examination for their trade which is
administered by Block & Associates. Provided, however, that the
following types of specialty contractors shall be exempt from the
testing requirements of this section land clearing and grading,
insulation, floor covering, garage door installation, cabinet
installation, landscaping, aluminum non-structural, water pump,
pressure cleaning and mildew control, roofing limited, sign
painting, vacuum systems, and fences."
Section 3.
Section 7-92 of the Code of Ordinances of the City of
Sebastian is hereby amended by amending existing Section 7-92~b)
and by adding Section 7-92~g) to read as follows:
"(b) Clerk. The building official shall appoint a City
employee to be the board clerk. The clerk shall record all
meetings of the board and shall prepare minutes of each meeting,
4
which state all motions, the vote of each member upon each
question or motion, and a statement as to any member who is
absent or failed to vote.
summary or outline form,
deliberations of the board.
The minutes of the board may be in a
but shall accurately reflect the
The clerk shall perform such other
functions assigned to the clerk by the board.
(g) Removal of Board Member. The city Council shall have
the powe~ to remove any member of the board for any reason
provided by the laws of the State of Florida. In addition, the
city Council shall have the power to remove any member of the
board if that member fails to attend three (3) consecutive
meetings without having been excused by the Chairperson, or upon
the written recommendation to remove a member which is submitted
by the board to the City Council which a majority of the board
votes in favor of submitting to the City Council which sets forth
specific reasons indicating that the member is not fulfilling his
or her duties as a member of the board. Such written
recommendation shall indicate the votes of the board members with
respect to the written recommendation."
Section 4.
Section 7-92.1 of the Code of Ordinances of the city of
Sebastian is hereby amended by adding Section 7-92.1(d) to read
as follows:
"(d) InvestiGators. Investigators under the direction of
the Director of Community Development or his designee are hereby
charged with the enforcement responsibilities of this Article.
An investigator is authorized to issue citations in accordance
with Section 7-104 for any violation under this Article when,
based upon personal investigation, the investigator has
reasonable probable grounds to believe that a violation under any
provision of this Article has occurred. Investigators shall not
have the power of physical arrest nor shall they be authorized
pursuant to this Article to bear arms. Nothing herein contained
shall be~ construed to authorize or permit any investigator to
perform any function or duty of a law enforcement officer other
than as specified herein. An investigator may also issue any
person a Notice of Hearing in lieu of a citation whereby the
alleged violator would then appear before the board in accordance
with Section 7-92.2(e)."
Section 5.
Section 7-92.2(e) of the Code of Ordinances of the City of
Sebastian is hereby amended to read as follows:
"(e) Review of Violations of this Article . On the Motion
of the board, on a Notice of Hearing issued by an investigator or
on the verified written complaint of any person, the board may
review the actions of any person, including a contractor that has
been issued a Certificate of Competency by the board pursuant to
this Article or a state-certified contractor, who has violated
any provision of this Article. The board may hold due process
hearings and thereafter take appropriate disciplinary action as
authorized pursuant to this Article if the person, including a
state-certified contractor or a contractor holding a Certificate
6
of Competency from the board pursuant to this Article and
including an entity qualified by a contractor who is state-
certified or holds a Certificate of Competency from the board
pursuant to this Article, is found to be in violation of one or
more of the acts or omissions constituting a prohibited activity
pursuant to Section 7-99 or constituting cause for disciplinary
action pursuant to Section 7-100 to the extent not reserved to
the Department to the exclusion of the board."
Section 6.
Section 7-98(a) of the Code of ordinances of the city of
Sebastian is hereby amended in its entirety to read as follows:
"(a) All information provided to the board by any applicant
for certification shall be a public record except to the extent
exempted from the provisions of requiring public access to public
records under the laws of the State of Florida. Any applicants
for a certificate of competency shall be informed that their
application, examination, examination scores and other financial
records which are received by the City shall become a public
record."
Section 7.
Section 7-99 of the Code of Ordinances of the City of
Sebastian is hereby amended in its entirety to read as follows:
"Sec. 7-99. Prohibited actiwities.
(a) It is unlawful for any person to engage in the business
or act in the capacity of a contractor without being a state-
certified contractor holding a state-certification or being in
7
lawful possession of a Certificate of Competency issued by the
board pursuant to this Article.
(b) It is unlawful for any person who possesses a current
Certificate of Competency issued by the board pursuant to this
Article or a state-certification issued by the Department to
contract with or utilize the services of another person engaging
in the business or acting in the capacity of a contractor where
such other person does not hold a state-certification or a
Certificate of Competency for engaging in the type of contracting
business that such other person operates in the corporate limits
of the city. This prohibition shall be enforceable even if the
unlicensed contractor does not have an office in the City, so
long as the unlicensed contractor performs or contracts to
perform the services of a contractor in the corporate limits of
the City for the person holding a state-certification or a
Certificate of Authority issued by the board pursuant to this
Article.
(c) It is unlawful for a person required to possess, but
not possessing, a current Certificate of Competency issued by the
board pursuant to this Article or a state-certification issued by
the Department to advertise to the public in a newspaper,
magazine, handbill, flyer, airwave transmission or telephone
directory, or by issuance of a card or other communication or
other advertising medium, that he is a contractor or is qualified
to act in business as a contractor, pursuant to a Certificate of
Competency issued by the board pursuant to this Article or a
state-certification issued by the Department.
(d) It is unlawful for a contractor who possesses a
Certificate of Competency issued by the board pursuant to this
Article or a state-certification issued by the Department to fail
to include his Certificate of Competency Number or state-
certification or registration number in any publication which is
primarily circulated, displayed, distributed or marketed within
the City~ which advertisement identifies a contractor or entity
offering services regulated by Chapter 489 of Florida Statutes,
as amended from time to time, or by this Article, unless the
advertisement included the Certificate of Competency Number or
state-certification or registration number issued to that
contractor. Nothing in this Section shall be construed as
requiring that the publisher not publish any advertisement which
does not include a Certificate of Competency Number or a state-
certification or registration number, nor determine or
investigate whether a Certificate of Competency Number or a
state-certification or registration number is required, whether
the license number given is accurate, nor determine or
investigate whether the person whom the advertisement is
published is state-certified or holds a Certificate of Competency
issued by the board pursuant to this Article."
Section 8.
Section 7-100 of the Code of Ordinances of the city of
Sebastian is hereby amended in its entirety to read as follows:
"Sec. 7-100. Causes for Disciplinary Action.
The following acts constitute cause for disciplinary action:
(1) Willful or deliberate disregard or violation of the
applicable building codes of the city;
(2) Aiding or abetting a person who is not a state-
certified contractor or a contractor who possesses a Certificate
of Competency issued by the board pursuant to this Article VII to
evade any provision of this Article. Utilizing or contracting
with an sunlicensed contractor or subcontractor is prima facia
evidence of engaging in such an act;
(3) Knowingly combining or conspiring with an uncertified
person with intent to evade the provisions of this Article. When
a person holding a Certificate of Competency issued by the board
pursuant to this Article or a state-certification allows his
certificate or state-certification to be used by one or more
companies without having any active participation in the
operations, management or control of such companies, this act
shall constitute prima facie evidence of an intent to evade the
provisions of this Article;
(4) Acting in the capacity of a contractor under any
Certificate of Competency issued by the board pursuant to this
Article or any state-certification issued by the Department,
except in the name of the certificate holder as set forth on the
issued Certificate of Competency or the state-certification or in
accordance with the personnel of the certificate holder as set
forth in the application for the certificate or state-
certification, or as later changed as provided in this Article or
10
pursuant to Chapter 489 of Florida Statutes, as amended from time
to time or any rule or regulation promulgated pursuant thereto;
(5) Diversion of funds or property received for the
completion of a specified construction project or operation or as
a result of the diversion the contractor is or will be unable to
fill the terms of his obligation or contract;
(6) Failure in any material respect to comply with the
provision~ of this Article;
Failure to maintain insurance coverage as set by the
(7)
board;
Failure to provide proof of workmen's compensation
insurance to the building official or his designees upon demand
for same;
(9) Falsification of application or testimony given before
the board;
(10) Abandonment of a construction project in which the
contractor is engaged or under contract as a contractor. A
project is to be considered abandoned if the contractor
terminates said project without notification to the prospective
owner or current owner for at least thirty (30) days without just
cause, such as acts of God causing construction delay;
(11) Cheating on the examination required by this Article;
(12) Giving or offering to give directly or indirectly any
City employee, council member, the Mayor or board member anything
of value, monetary or otherwise, with intent to influence such
employee or board member in the discharge of his or her duties
11
under the provisions of this Article;
(13) Attempting or threatening to coerce or coercing
through physical act, injury or damage to the Mayor, or to any
council member, board member, city employee or any family member
or property of any board member or City employee, with intent to
influence such board member or employee in the discharge of his
or her duties under the provisions of this Article; or,
(14)~ The filing of a Petition in Bankruptcy, either
voluntarily or involuntarily, the making of an assignment for the
benefit of creditors or the appointment of a receiver for a
contractor or an entity which is qualified to engage in the
business of a contractor by the holder of a Certificate of
Competency issued by the board or a state-certification issued by
the Department. Provided, however, that such act shall only
empower the board to take such action as allowable under the laws
of the State of Florida or the United State of America, or to the
extent otherwise allowable pursuant to this Article VII."
Section 9.
Section 7-102 of the Code of Ordinances of the City of
Sebastian is hereby amended in its entirety to read as follows:
"Sec. 7-102. Exemptions. The exemptions provided by Section
489.103 of Florida Statutes (1988 Supp.), as amended or
supplemented from time to time, shall also constitute exemptions
from the provisions of this Article VII."
Section 10.
Section 7-103 is hereby amended to read as follows:
12
"(a) The provisions of this Article Vii shall be deemed
supplemental to, and not in conflict with or in preemption of,
the provisions of Article V of Chapter 2 of the Code of
Ordinances concerning the Sebastian Code Enforcement Board. To
the extent provided in Article V of Chapter 2 of the Code of
Ordinances, the Sebastian Code Enforcement Board shall have
concurrent jurisdiction over the enforcement of any of the
provision~ of this Article VIi."
Section
Section 7-104 of the Code of Ordinances of the City of
Sebastian is hereby reserved for future use.
Section 12.
Section 7-105 of the Code of Ordinances of the City of
Sebastian is hereby created to read as follows:
"Sec. 7-105. Payment and Performance Bonds.
(a) The board is authorized to require a contractor who
holds a Certificate of Competency issued by the board pursuant to
this Article, including a corporation or other entity which the
certificate holder has qualified, obtain a payment and
performance bond as a prerequisite to being able to obtain a
building permit or other development order from the City if,
after an evidentiary hearing thereon which provides due process
to the adversely affected parties, the board finds that the
contractor or the entity which such contractor has qualified
presents a substantial risk of not being able or willing to fully
complete a job or project for which a building permit or other
13
development order is requested or needed to authorize the job or
project. Evidence on which such a finding of the need for such a
bond or bonds may be' based shall consist of any one or more of
the following findings of fact:
(1) A Claim of Lien in excess of $2,000.00 has been
filed in connection with the real property the contractor or
entity which the contractor has qualified is working on, whereby
the Claim of Lien avers that the contractor or entity has not
made proper payment to the lienor, and the Claim of Lien has not
been released or satisfied within sixty (60) days of the filing
of same with the Clerk of the Circuit Court;
(2) The contractor or entity which the contractor has
qualified has a judgment for money damages entered by a court of
competent jurisdiction against such contractor or entity and the
judgment is reasonably related to the type of work for which the
requested building permit or other development order relates, and
the judgment has not been released or otherwise satisfied;
(3) The contractor or entity which the contractor has
qualified has failed to substantially complete performance of any
other contract for work of the type that is the subject of the
requested building permit or other development order and the
failure to substantially complete performance of the contract is
reasonably within the control of the contractor or the entity
which the contractor has qualified;
(4) Any officer, director, shareholder, partner, joint
venturer, trustee or employee of a business entity that is
14
seeking the building permit or other development order was an
officer, director, shareholder, partner, joint venturer, trustee
or employee of another business entity at a time when the other
entity violated any of the provisions of Subsections (1), (2) or
(3) of this Section 7-105;
(5) For any other violation provided for in this
Section 7-105 if the violation could reasonably render the
contracto~ or the entity which the contractor has qualified a
substantial risk of not being able to willing to fully complete
the job or project for which the building permit or other
development order is required.
(b) The amount of the payment and performance bond shall be
set by the board and may be in an amount equal to the contract
price, if any, or the full estimated cost to complete the job or
project for which the building permit or other development order
pertains.
(c) The requirement to obtain a payment and performance
bond or bonds may also be one of the conditions prescribed in
Paragraph 7-105(a) (4), if such bond or bonds are reasonably
related to the type of violation found by the board to have
occurred. The board shall determine who shall be the beneficiary
of any such bond or bonds. The authority to require a bond or
bonds shall not be imposed, however, if the contractor or the
entity which the contractor has qualified is certified in the
specific trade by the Department or other state agency, and if
such state-certification prohibits the imposition of a payment
15
and performance bond as a matter of law under applicable state
statutes. The burden of establishing that a state law preempts
the imposition of a bond or bonds shall'be upon the contractor or
the entity which the contractor has qualified."
Section 13.
Section 7-106 of the Code of Ordinances of the City of
Sebastian is hereby created to read as follows:
"SEQ. 7-106. Penalties; appeals.
(a) In addition to the penalties that may be imposed, and
other remedies that may be available to the city, which are
provided for elsewhere in this Section 7-106, any person who
violates any provisions of Section 7-99 or commits any of the
acts constituting cause for disciplinary action as set forth in
Section 7-100 shall be guilty of a violation of the provisions of
this Article VII, and upon conviction thereof, shall be subject
to the penalties of Section 1-10.
(b) In addition to the penalties and other remedies that
may be imposed elsewhere in this Section 7-106, the board may
issue a cease and desist order to prohibit any person from
engaging in the business of contracting who does not hold the
required state-certification or local Certificate of Competency
for any work being performed by that person or his/her/its
employees or agents under this Article Vii.
(c) If a state-certified contractor or a contractor
possessing a Certificate of Competency issued by the board
pursuant to this Article VII is found by the board, after a due
16
process hearing, to be guilty of fraud or a willful building code
violation in the City, or if the board possesses proof that such
contractor, through a due hearing process, has been found guilty
in another city or county within the twelve-month period of fraud
or a willful building code violation, and the board finds, after
providing notice to the contractor, that such fraud or violation
would have been fraud or a violation of a building code of the
City if c~ommitted in the City, then the board may, in addition to
the penalties that may be imposed, and other remedies that may be
available to the City, which are provided for elsewhere fn this
Section 7-106, deny the issuance of a building permit to such
contractor or issue a building permit with specific conditions
which the board determines to be necessary to protect the public
health, safety and general welfare. The board shall provide
notification of, and information concerning, any denial of a
building permit pursuant to this provision to the Department
within fifteen (15) days after the board decides to deny such
building permit.
(d) In addition to the penalties that may be imposed, and
other remedies that may be available to the City, which are
provided for elsewhere in this Section 7-106, the board may
impose an administrative fine in an amount not to exceed
($500.00), which shall be recoverable by the board only in an
action at law.
(e) In addition to the penalties that may be imposed, and
other remedies that may be available to the City, which are
17
provided for elsewhere in this Section 7-106, the board is
authorized to take the following disciplinary actions against the
holder of a Certificate of Competency issued by the board
pursuant to this Article VII, where such holder has been found to
violate Section 7-99 or has engaged in any of the acts or
omissions which constitute cause for disciplinary action pursuant
to Section 7-100:
~ (1) Suspend the Certificate of Competency issued by
the board pursuant to this Article during the period fixed by the
board, but the board may permit the certificate holder to
complete any contracts then uncompleted;
(2) Revoke the Certificate of Competency previously
issued by the board pursuant to this Article; or
(3) Place the certificate holder on probation for a
period fixed by the board, but not in excess of three (3) years.
(f) In addition to the penalties that may be imposed and
other remedies that may be available to the City, which are
provided for elsewhere in this Section 7-106, the board shall be
empowered to refuse to issue building permits or to issue
building permits containing specific conditions to protect the
public health, safety and general welfare to a contractor who is
state-certified or who holds a Certificate of Competency issued
by the board pursuant to this Article VII who has committed
multiple violations of this Article VII when such contractor has
been disciplined for each of them by the board and when each
disciplinary action has involved revocation or suspension of the
18
state-certification by the Department or has involved revocation
or suspension of the Certificate of Competency issued by the
board pursuant to this Article VII, the imposition of an
administrative fine of at least $1,000.00 or probation.
Furthermore, the board shall be empowered to issue permits with
specific conditions designed to protect the public health, safety
and general welfare to a state-certified contractor or a
contractor who holds a Certificate of Competency issued by the
board pursuant to this Article VII who, within the previous
twelve months, has had final action taken against him by the
Department, or by the board when the board has reported such
disciplinary action against the contractor to the Department
where the contractor has engaged in the business or acted in the
capacity of a contractor without a license.
(g) In addition to the penalties that may be imposed, and
other remedies that may be available to the City, which are
provided for elsewhere in this Section 7-106, the board shall be
empowered to restrain any violation of this Article VII by filing
the appropriate action in a court of competent jurisdiction for
injunctive relief.
(h) Any aggrieved party, including the board, may appeal a
final administrative Order of the board to the Circuit Court for
Indian River County, Florida. Such an appeal shall not be an
appeal de novo but shall be limited to appellate review of the
record created before the board. An appeal shall be filed within
thirty (30) days of the execution of the Order to be appealed."
19
S ction 14.
Section 7-107 of the Code of Ordinances of the City of
Sebastian is hereby created to read as follows:
"Sec. 7-107. Savings Clause. It is the intent of the City
that the provisions of Article VII of Chapter 7 of the Code of
Ordinances be construed as being consistent with the inherent
municipal powers of the City and supplemental to, and consistent
with, the provisions of Chapter 489 of Florida Statutes (Supp.
1988), as amended from time to time. However, it is the intent
of the City to reserve the power to regulate state-certified
contractors to the extent not inconsistent with the laws of the
State of Florida, as amended from time to time."
Section 15. ORDINANCE SUPPLEMENTAL.
The provisions of this Ordinance are supplemental, in
addition to, and not in derogation of, all existing ordinances
effective in the City of Sebastian, Indian River County, Florida.
Section 16. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be change to "Section", "Article" or
other appropriate designations.
Section 17. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
20
this ordinance is invalid or unconstitutional, the remainder of
the ordinance shall not be affected and it shall be presumed that
the City Council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 18. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by
Councilman The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Richard B. Votapka, Mayor
Kathryn M. 0'Halloran, CMC/AAE
City Clerk
21
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of , 1990,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
22
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Approved For Submi%%al By:
City Manager ~
Agenda No.
Dept. Origin Dept. of Comun/ty Develofmant
Date Submitted 2/2/90
For ~genda Of 2/7/90
Exhibits:
Memo from Bruce Cooper
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Planning & Zoning Commission has made two recommendations to
the City Council to consider concerning utilities and their
location.
RECOMMENDED ACTION
Review and discuss recommendations from the Planning & Zoning
Commission.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589*5330
FAX 407-589-5570
M E M 0
February !, 1990
TO:
Richard B. Votapka and City Counci I
Through:
FROM:
Robert S. McCiary
City Manager
Bruce Cooper
Director of Community
Recommendat ~ons
&
Sub3ect: Planning ~ui~ng
The Planning & Zoning Commission has made two recommendations
to the City Council concerning uti!~t¥ poles and certain
restrictions that should apply. Since both recommendations
would impact local utilities, representative~ from Florida
Power & Light and Southern Bell attended a meeting with the
City Manager, City Engineer and myself to discuss the
proposals.
The Planning L Zoning Commission is recommending that
all utility poles be placed within the dedicated
City right-of-way and not within the utility
easements on private property. The 3ustif~cstlon for
this requirement is, ~f a street is ever widened
beyond the existing dedicated right-of-way width and
the existing utility poles that have to be relocated
are not within the existing right-of-way, but within
an easement, the C~ty would have te pay for the
relocation. Thzs policy is set out in State Statute.
Florida Power & L~ght has no ob3ect~ons s~nce they
are currently p!ac~ng all utiiitles poles within the
exi~-t~ng right-of-way. Therefore, any road expansion
that requires r.e]ocat~on of utility poles, the
r'elocation expense is pa'~d by t~"~e uti. ii:ilea.
Subject:
Planning & Zoning Recommendations
2. The Planning & Zoning Commission has recommended that
all utility lines which cross a ditch or canal with a
depth greater than five (5) feet, must have a forty
(40) foot clearance. The justification for this
requirement is for the safety of maintenance personal
in ~elation to equipment apparatus and proximity of
high voltage !ines.
Florida Power & Light has objected to this strongly
due to the extra costs and lack of any real problem
that exists today or' in the future.
City staff concurs that there is no need for greater
clearances since the equipment used for the
maintenance of the ditches are not greatly restricted
with the existing clearances of voltage lines of
approximately thirty (30) feet in height.
BC/kn
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: /lnnexation
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits:
)
)
)
City Manager _
2/1/90
2/7/90
Summary of Meeting, 10/27/89
Map
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its January 10th meeting, the City Council accepted a status report
from the Annexation Committee and requested a workshop discussion be
scheduled.
The previous back-up material -- a summary of the Annexation Committee's
lreeting and a map of targeted areas -- are re-submitted for your discussion.
RECOMMENDED ACTION
Establish the City's annexation policy and, if appropriate, direct staff to
prepare letters to land owners.
PRESENT:
SUMMARY
MEETING OF ANNEXATION COMMITTEE
FRIDAY, OCTOBER 27, 1989 - 9:00 A.M.
CITY MANAGER'S CONFERENCE ROOM
1225 MAIN STREET, SEBASTIAN, FLORIDA
Robert McCollum, Councilman
James Wadsworth, Vice Chairman, PlanninG and Zoning
Commission
Peter Jones, City Planner
Press Journal
Sebastian Sun
James Wadsworth introduced comments about what this first
meeting might accomplish:
Determine role of this Committee (more than just fact-
finding - advisory to Council.)
Determine what ~ncentives to be made available to
existing property owners (of land to be annexed)
Determine a level of "study" appropriate for annexing
this land in order to comply with the agencies that will
review such a process (Treasure Coast, DCA, etc.)
Discussion of what specifics the City will be responsible for:
services, environmental issues, etc.
3. Discussed approach to the annexation:
Set "ground rules" for what agreements the City would make
with landowners:*
A.1 - 5 year City tax deferment for existing business
A,2 - 5-7 year deferment for vacant property
A.3 - Should property be developed or change hands during
this period the deferment is voided
This is the Committee's recommended approach, to be
brought up at the next Council Meeting (probably
under Councilman McCollum's matters)
With Council approval the Committee would contact
property owners personally (rather than letter, etc.)
Final Action:
A. Present recommendation to Council
Peter Jones to get final determination of property owners
(in area of proposed annexation)
Review service issues (i.e., Police Chief to help, etc.)
Parallel to this formulate City "policy" for this and
futare annexations
Z
Z
0
_1
LL
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Handbook/Board, Commission &
Committee Members
Approved For Submittal By:
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
City Clerk
1/4/90
2/7/90
City Manager
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
Exhibits: Handbook distributed
12/13/89; Resolution R-89-13
distributed in package for Meetings
of 3/8/ & 5/3/89; Resolution R-89-49
distributed in pkg. for Il/l/Mtg.;
City Clerk Memo 1/4/90
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Handbook should clarify and perhaps eliminate, the necessity
for a Resolution relating to Board, Commission and Committee
Members.
RECOMMENDED ACTION
Please discuss tIandbook, Resolution and direct the City Clerk
accordingly.
January 4, 1990
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
TO:
FROM:
!
Mayor and City Council, City Manager, City Attorney
Kathryn g. O'Halloran, City Clerk
As you know, for many months I have been working on Resolution
No. R-89-13 and the proposed Amendment No. R-89-49 relative to
Council appointments to Boards. I have made inquiries of City
Clerks throughout the STATE and have found no other Resolutions
establishing requirements, let alone requirements this stringent.
As you can see in the Handbook most City Boards have requirements
spelled out, if not by the City, then by Florida Statutes.
I have asked myself the following questions over and over:
1)
Why make Board appointments so restrictive people
will not want to volunteer?
2) Why put all this extra work on the Police Department?
and
3)
Why make it more restrictive to VOLUNTEER for a City
Board appointment than to qualify to run for City
office?
I honestly believe that citizens that VOLUNTEER to be active in
City Government are good, honest, concerned people.
The City Council in concert with the Boards' recommendations
provided "CHECKS AND BALANCES" relative to appointments of each
citizen to a specific board.
This is a policy decision and I sincerely hope this memo might
enlighten the Council in reaching a conclusion pertaining to the
aforementioned Resolutions.
If you have any questions please call me.
Thank you for your consideration in this most important matter.
KMO'H:lr
The following is a list of actions taken at the February 7, 1990
Workshop.
90.039 - City Clerk decide which newspaper to use for legal
ads - advised to use both to advertise special matters
89.019 - Street and Drainage Acceptance - Unit 17 -
Sebastian Highlands - staff review the cost figure to be
certain that $15,000 might not be too limiting - action
placed on the February 14, 1990 agenda
90.040 - Falcon install audio switching mechanism in City
Council chambers at their expense - rebroadcasts will be
done on the Friday mornings following meetings
89.228 - Review Personnel Re-Classification Requests -
placed on the 2/14/90 agenda for action - prepare resolution
for budget amendment - done
89.156 - Review Ordinance No. 0-90-01 - Contractor Licensing
- minor amendments made - Attorney will amend - 1st reading
2/28/90 - City Manager will present recommendations to
Council regarding additional personnel for the Department of
Community Development at or prior to second reading of the
ordinance
90.041 Discuss Planning and Zoning Recommendations Re:
Utility Poles in City Right-of-Way and Drainage Ditches -
denied - copy minutes to P & Z
89.019 - Review Annexation Committee Report - pursue
annexation of enclaves in the city but cease any further
investigation of annexation of property west of city limits
to 1-95 at this time - copy minutes to file
90.042 - Discuss City Board Handbook - City Clerk directed
to redraft Resolution No. R-89-13 regarding procedures for
city board appointments for review 4/4/90 workshop -
distribute the proposed Board Handbook at this time
City Manager place appointment legal counsel re: Mercedes
Homes - 2/14/90 agenda
10.
City Manager establish policy re:
in case of emergency
notification of officials
11.
GDU Water Fluoridation - MV matters - 2/14/90 agenda -
carried over
D0~LiST
The following is a l£st of backup materials for each item in
the agenda packe~ and notation fOr those agenda items With no
backup.
2/7/90 Age,da
6. PUBLIC INPUT
90.039
A. Non_9~_~e~da Items
Paul Lindsay L Sebastian - Dlscus~ Lege__~
Notices
1. Letter from Lindsay dated 1/22/90)
7. WORKSHOP ITEMS
89.019
Discuss Street and Drainaqe ~cceDtance - Unit
Sebastian Hi_i.qh_~lands
1. City Manager Recommendation dated 1/31/90
2. City Manager Memo dated 1/31/90
3. Memo from City Engineer dated 1/31/90
4. Letter to ~DC dated 9/20/89
5. Letter to GDC dated 9/28/89
6. Letter from GDC dated 10/5/89
7. 1979 Contract
90.040
89.228
89.156
DisCUSs Rebroadcastinq Ciey Council Meatinqs on
th__9 FollOwinq Day
NO BackuD
Review Personnel Re-Classif%cation Requests
1. City Manager RecOmmenda%-~t~ 2/1/9'0
2. Summary of ~eneral Fund Requests
3. Memo from City Manager dated 11/29/89
Review O~dinanc~ No. 0-90-01 - Contractor
Licensing
1. Staff Recommendation dated 1/18/90
2. O~90-01
90.041
90.019
90.042
E. DiScUSS Planntn~ and Zon~ Recommendations Re:
~ ~ in C-~ Ri~ht-~-~-~ay and ~rain~
DitChes --
1. Staff Re~ommendation dated 2/1/90
2. Memo from Director of Community Development
dated 2/1/90
F. Review _Annexatio~ Committee ~
1. City Manager 'Recommendation dated 2/1/90
2. 10/27/89 AnnexatiOn Committee Meeting Minutes
3. MaD
G. DISCUSS ~Board Handbook
1.-~-~"~ Cler~ ~-~6omme-~on dated 1/4/90
2. Memo from City Clerk dated 1/4/90
(Proposed Handbook was distributed to Council
12/4/89)
8. MAYOR'S MATTERS
90.043
A. DiScuSs GDU Water Flourtdation
(No BackuD)