HomeMy WebLinkAbout02261992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~3 FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, ~FEBRUARY 26, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Donald Swope - Sebastian
Presbyterian Church
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
92.010
91.338/
92.065
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. O-91-21 - Airport Zoning
Regulations
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/8/92, 1st
Reading 1/22/92, Advertised 1/4 Page 2/5/92, 1st
Public Hearing 2/12/92, Advertised Legal Notices
12/14/92 (333.05 FS), Advertised 1/4 Page 2/19/92,
Advertised Legal Notices 12/21/92 (333.05 FS), 2nd
Public Hearing and Adoption 2/26/92)
ORDINANCE NO. O-92-01 - Childcare Facility
Outside Recreation Area Size Requirement
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING
TO CONDITIONAL USE CRITERIA FOR CHILD CARE
~ACILITiES; AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE
LAND DEVELOPMENT CODE PERTAINING TO THE MINIMUM
FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 1/22/92,
Advertised 1/4 Page 2/5/92, 1st Public Hearing
2/12/92, Advertised 1/4 Page 2/19/92, 2nd Public
Hearing and Adoption 2/26/92)
2
92.064/
91.048
92.025
92.066
ORDINANCE NO. 0-92-04 - Repealing Ordinance No.
0-91-31 Charter Revisions Re: Elections -
Removing Question from 3/10/92 Ballot
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REVOKING AND REPEALING ORDINANCE NO.
0-91-31; DIRECTING THAT THE REFERENDUM QUESTION
ESTABLISHED BY ORDINANCE NO. O-91-31 NOT BE PLACED ON
THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. (lst
Reading 2/12/92, Advertised Legal Notices 2/14/92,
Public Hearing and Adoption 2/26/92)
RESOLUTION NO. R-92-06 - Electing to Use Uniform
Method'of Collecting Non-Ad'Valorem Special
Assessments - Stormwater Management Project
PUBLIC HEARING AND ADOPTION
A RESOLUTION OF THE CITY CITY COUNCIL OF THE
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ELECTING TO
USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED
AREA OF THE CITY; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/22/92,
Advertised Legal Notices 1/29/92, 2/5/92, 2/12/92,
2/19/92, Public Hearing and Adoption 2/26/92)
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA
A. Approval of Minutes - 2/12/92 Regular Meeting
B. RESOLUTION NO. R-92-09 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
~ISCONTINUING THE EASEMENT OF THE WEST 5 FEET OF LOT
12 AND THE. EAST FIVE FEET OF LOT 13, BLOCK 32, UNiT
1, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-15, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND
EFFECTIVE DATE.
3
92.067
92.048
92.068
10.
92.069/
91.163
11.
12.
C. RESOLUTION NO. R-92-12 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTH 5 FEET OF
LOT 5, AND THE NORTH 5 FEET OF LOT 4, BLOCK 1, UNIT
1, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-14, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND
EFFECTIVE DATE.
Schumann Park Playground Slide Purchase - Waive
Bidding Procedure - Dominica Recreation - $4,800
- Installation by Public Works Department (Staff
Recommendation dated 2/19/92, City Engineer Memo
dated 2/4/92)
Golf Course Truck Purchase - Waive Bidding
Procedure - 1992 Chevy 1500 1/2 Ton Pickup -
Jerry Hamm Chevrolet of Jacksonville - $9,975
(Staff Recommendation dated 2/20/92, GC
Superintendent Memo dated 2/20/92)
PRESENTATIONS
aJ
Kimley-Horn - Traffic Circulation Study
Presentation (Staff Recommendation dated 2/20/92,
Kimley-Horn Memo dated 2/12/92, Traffic
Circulation Map Under Separate Cover)
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
Councilman Holyk
C. Councilman Powell
D. Councilman Reid
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
4
92.070
16.
92.024
92.046
92.071/
90.272
17.
92.009/
91.194
15. COMMITTEE REPORTS/RECOMMENDATIONS
18.
A. Code Enforcement Board
Reappoint Joan Kostenbader for Additional
Three Year Term to 3/95 - Resident Position
(Staff Recommendation dated 2/20/92,
Kostenbader Letter dated 1/14/92, Committee
List, Price and Golembeski Applications)
OLD BUSINESS
Laconia Street Improvements - Sebastian Lakes -
Verbal Report (No Backup)
Laconia Street - FPL Power Line Relocation (Staff
Recommendation dated 2/19/92, City Engineer Map
dated 2/19/92, Map)
Point-O-Woods Subdivision - Acceptance of
Perpetual Maintenance of Streets and Drainage -
Direct City Attorney to Draft Resolution (Staff
Recommendation dated 2/20/92, Mosby Letter dated
10/11/90)
NEW BUSINESS
Award Exclusive Residential Refuse Collection
Franchise to St. Lucie Waste Services - Direct
Staff to. Prepare Proper Documents to Effect
Implementation of the Award (Staff Recommendation
dated 2/20/92, Franchise Fees Analysis, Bid
Tabulation)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
19. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
ORDINANCE NO.: 0-91-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION
20A-5.15 OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES
OF LAND IN AIRPORT VICINITIES; PROVIDING
REGULATIONS RESTRICTING THE HEIGHT OF STRUCTURES
AND OBJECTS OF NATURAL GROWTH IN AND AROUND THE
SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR
REGULATIONS RESTRICTING AIRPORT LAND USE;
PROHIBITING RESIDENTIAL CONSTRUCTION WITHIN NOISE
IMPACTED AREAS IN PROXIMITY OF THE AIRPORT;
PROVIDING PROCEDURES FOR GRANTING VARIANCES;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN'THE LAND DEVELOPMENT'CODE OF THE CITY
OF SEBASTIAN; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 333.03, .Florida Statutes requires every
political subdivision having an airport hazard area within its
territorial limits to adopt, administer and enforce airport
zoning regulations for such airport hazard areas; and
WHEREAS, the City of Sebastian, Indian River County,
Florida, pursuant to Section 333.03(1)(a), Florida Statutes,
adopted zoning regulations with respect to the Sebastian
Municipal Airport; and
WHEREAS, recent amendments to Chapter 333 of the Florida
Statutes, provided, among other things, for the regulation of
land uses in the vicinity of airports; and
WHEREAS, the City is required to revise its airport zoning
regulations in order to take into account such changes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The following definitions shall be added to
Section 20A-5.15A of the Land Development Code of the City of
Sebastian:
610
"Climb Gradient. An aircraft instrument
departure procedure requiring adherence to a
minimum climb, slope or grade expressed in
feet per nautical mile.
Minimum Vectoring Altitude. The lowest above
mean sea level altitude at which aircraft
operating on instrument flight rules will be
vectored by a radar controller, except when
otherwise authorized for radar approaches,
departures or missed approaches.
Non-Precision Instrument Runway. A runway
having an instrument approach procedure
utilizing air navigation facilities with only
horizontal guidance, or area type navigation
equipment, for which a straight-in, non-
precision instrument approach procedure has
been approved or planned, and for which no
precision instrument approach facilities are
planned or indicated on an appropriate civil
or military airport planning document.
Nonstandard Take-Off Minimums. Conditions of
existing weather required for take-off at an
airport which exceed the standards prescribed
in Federal Aviation Regulations Part 91.
Precision instrument ~. A runway having
an instrument ~approach procedure utilizing an
instrument landing system, microwave landing
system or a precision approach radar
including a runway for which such a system is
planned and is so indicated on an approved
civil o~r military airport layout plan, other
FAA planning documents, or comparable
military service planning documents."
Section 2. Section 20A-5.15B6 of the Land Development Code
shall be amended to read as follows:
"6. Transitional Zone. An area extending
outward from the sides of each primary zone
and approach zone connecting them to the
horizontal zone and an area outward 5,000
feet horizontally or until intersection with
the conical zone from the side of that
portion of the approach zone of a precision
instrument runway extending through and
beyond the conical zone. No structure or
ob3ect will be permitted within the
transitional zone greater in height than the
primary or approach zone at their adjoining
2
boundary lines increasing at a rate of one
(1) foot vertically for every seven (7) feet
horizontally, with the horizontal distance
measured at right angles to the runway
centerline and extended center-line, until
the height matches the height of the
horizontal zone, or the height of the conical
zone for a horizontal distance of 5,000 feet
from each side of that part of the approach
zone for a precision instrument runway
extending beyond the conical zone."
Section 3. Section 20A-5.15B7 of the Land Development Code
shall be amended to read as follows:
"7. Other Areas. In addition to the height
limitations imposed within this section, no
structure or obstruction shall be permitted
within the City of Sebastian that would cause
a minimum descent altitude, minimum
obstruction clearance altitude, minimum
vectoring altitude, or a decision height to
be raised nor which would impose either the
establishment of restricted minimum climb
gradients or nonstandard take-off minimums
for a runway at Sebastian Municipal Airport."
Section 4. Section 20A-5.15C of the Land Development Code
shall be amended to read as follows:
"C. Airport Land Use Restrictions.
1. Notwithstanding any other provision of
this section, no use may be made of land or
water within any zones established by this
section in such manner as to interfere with
the operation of an airborne aircraft. The
following special requirements shall apply to
each permitted use:
a. All lights or illumination used in
conjunction with street, parking, signs or
use of land and structures shall be arranged
and operated in such manner that it is not
misleading or dangerous to aircraft operating
from a public airport or in vicinity thereof.
b. No operations from any type shall
produce smoke, glare or other visual hazards
within three (3) statute miles of any useable
runway of a public airport.
3
c. No operations from any type shall
produce electronic interference with
navigation signals or radio communication
between aircraft, the airport or other air
traffic control facility.
d. Within any airport primary zone or
within any runway approach zone area where
the zone height is fifty (50) feet or less
above the end of the runway, no operations
from any type shall involve the storage,
distribution or manufacture of flammable,
explosive, toxic or other hazardous
materials. This restriction shall apply to
those materials in a quantity or of a type
which if exposed to an aircraft accident
would further jeopardize the safety or health
of the aircraft, occupants, occupants of
facilities in the vicinity, by-standers and
emergency personnel, or would prevent, delay,
limit or otherwise curtail appropriate
response actions by emergency personnel.
e. Within any airport primary zone or
within any runway approach zone area where
the zone height is fifty (50) feet or less
above the end of the runway, no operations
from any type shall involve the congregation
of people for either short or long-term
purposes. This restriction shall apply to
any use involving individuals who by their
numbers, condition, age or other factor,
should they be exposed to an aircraft
accident, might escalate the resultant effect
to disaster of major proportions.
2. Solid Waste Disposal Sites ("Sites")
shall be considered as a non-conforming use
if located within areas established for the
airport through the application of the
following criteria:
a. Sites located within 10,000 feet of
any runway used or planned to be used by
turbojet or turbo prop aircraft.
b. Sites located within 5,000 feet of
any runway used only by piston type aircraft.
c. Any Site located so that it places
the runways and/or approach and departure
patterns of an airport between bird feeding,
water or roosting areas.
4
d. Sites outside the above perimeters
but still within the lateral limits of the
airport zones described in section 20A-5.15B,
will be reviewed on a case-by-case basis by
the Board of Adjustments.
3. Residential construction shall not be
permitted within an area contiguous to any
airport measuring one-half the length of the
longest runway on either side of and at the
end of each runway centerline of such
airport. Notwithstanding the foregoing
limitations, if the property owner provides
the City with a perpetual avigation easement
for the airspace above the ground level of
the entire parcel of real property owned by
the property owner upon which residential
construction will be situate, in a form which
reasonably precludes the property owner and
his/her/their/its successors and assigns from
commencing or maintaining a successful action
for condemnation (inverse or otherwise)
resulting from the aviation activities
arising from the airport, as determined by
the City Council on the advice of the City
Attorney, then the area where residential
construction would otherwise be precluded
pursuant to this paragraph 3 may be reduced
to the extent that restrictions contained in
this Section and elsewhere in the Land
Development Code and the Code of Ordinance
are not violated."
Section 5. Section 20A-5.15D of the Land Development Code
shall be amended 'to read as follows:
"D. Variances.
1. Any person desiring to erect any
structure, increase the height of any
.structure, permit the growth of any tree, or
otherwise use his property in violation of
the airport zoning regulations prescribed 'in
this section, or any land development
regulation adopted pursuant to the provisions
of Chapter 163, Florida Statutes, pertaining
to airport land use compatibility, may apply
to the Board of Ad3ustment for a variance
from the zoning regulations in question. At
the time of filing, the applicant shall
forward a copy of his application for
variance by certified mail, return receipt
requested, to the Florida Department of
Transportation (the "Department" ), Aviation
Office, M.S. 46, 605 Suwannee Street,
Tallahassee, Florida 32399-450. The
Department shall have 45 days from receipt of
the application to provide comments to the
applicant and the Board of Adjustment. If
the Department fails to provide its comments
within 45 days of receipt of the application,
its right to comment is waived. The Board of
Adjustment may proceed with its consideration
of the application only upon the receipt of
the Department's comments or waiver of that
right as demonstrated by the filing of a copy
of the return receipt with the Board showing
that the 45 days have elapsed. Additionally,
no application for a variance may be
considered unless the applicant shows
evidence that the requirement for notice of
construction or alteration under Title 14,
Code of Federal Regulations, Part 77, has
been complied with.
2. A variance may only be allowed where a
literal application or enforcement of the
regulations provided in this section would
result in practical difficulty or unnecessary
hardship and where the relief granted would
not be contrary to the public interest but
would do substantial justice and be in
accordance with the spirit of the regulations
provided herein. Provided, however, a
variance may be allowed subject to any
reasonable conditions that the Board of
Adjustment may deem necessary to effectuate
the purposes of this section.
3. In granting a variance under this
section, the Board of Adjustment shall, as a
specific condition, require the owner to mark
and light the structure or growth to indicate
to aircraft pilots the presence of an
obstruction. Such marking and lighting shall
conform to the specific standards established
.by Chapter 14-60, Rules of the Department of
Transportation and Federal Aviation
Administration Advisory Circular 70-7460-1H,
as amended."
Section 6. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 7. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Land Development Code of
the City of Sebastian, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and the word "Ordinance" may be changed to "Section,"
"Article" or other appropriate designations.
Section 8. SEVERABILITY. In the event a court of
competent 3urisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 9. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by
Councilman The motion was seconded by
Councilman and, upon being put into a
vote, the vote was as follows:
W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day , 1992.
7
ATTEST:
By:
CITY OF SEBASTIAN, FLORIDA
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
I HEREBY CERTIFY that notices of public hearings on
this Ordinance were published in the Veto Beach Press Journal as
required by State Statute, that the notice requirements of
Section 166.041(3)(c)2. of Florida Statutes were complied with,
that two public hearings were held on this Ordinance at 7:00 p.m.
on the day of , 1992, and at 7:00 p.m. on
the day of , 1992, and that following
said public hearings 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
ORDINANCE NO.: O-92-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ~/~ENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO
CONDITIONAL USE CRITERI~ FOR CHILD CARE FACILITIES;
AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE LAND
DEVELOPMENT CODE PERTAINING TO THE MINIMUM FENCED AREA
THAT MUST BE AVAILABLE FOR USEABLE OUTDOOR RECREATION
PURPOSES AT A CHILD CARE FACILITY; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY
CLAUSE; AND PRovIDING AN EFFECTIVE DATE.
WHEREAS, the city Council of the city of Sebastian has
determined that it is in the best interests of the City and its
citizens that the current conditional use criteria for a child care
facility be modified to reduce the current amount of useable
outdoor recreation area in order to allow for the increase of child
care facilities, while retaining standards that maintain the
suburban character of the city of Sebastian area; and
WHEREAS, the City Council of the city of Sebastian has
received input at. the December 18, 1991 city Council Meeting as to
the proper criteria that would achieve the objectives of the City
Council to utilize standards that provides for quality child care
facilities w~hich do not prevent the expansion of additional child
care facilities needed for the children of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 20A-6.1.C..3.b.(6) of the Land
Development Code of the City of Sebastian is hereby amended by
deleting the existing Section 20A-6.1.C.3.b.(6) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"(6) A fenced area of usable outdoor recreation area of not
less than forty-five (45) square feet per child (based on the
maximum capacity of the child care facility as determined by the
applicable Florida laws) shall be provided and such area shall be
delineated on the site plan submitted at the time the application
is filed. For purposesof this provision, the term "usable outdoor
recreation area" shall be limited to the following:
(a) That area not covered by building or required off-
street parking spaces, which is fenced and screened
from adjacent property boundaries.
(b) That area outside the limits of the front yard
setbacks.
(c) Only that area which can be developed for active
outdoor 'recreational purposes.
(d) An area which occupies no more than eighty percent
(80%) of the combined total areas of the rear and
side yards."
Sectiof 2. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. CODIFICATIOn. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
- 2 -
shall become and be made a part of the Land Development Code of
the City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 4. SEV~RABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
city Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the city Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
Councilman
the vote was as follows:
The motion was seconded by
and, upon being put to a vote,
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
- 3 -
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by State Statute, that two public hearings were held on
this Ordinance at 7:00 p.m. on the day of, 1992,
and the day of, 1992, and that following said
public hearing this Ordinance was passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
ORDINANCE NO.: 0-92-04
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REVOKING ~ REPEALING ORDINANCE NO. O-
91-31; DIRECTING THAT THE REFERENDUM QUESTION ESTABLISHED
BY ORDINANCE NO. O-91-31 NOT BE PLACED ON THE BALLOT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the city of Sebastian has
determined that it is in the best interests of the City and its
citizens that Ordinance No. O-91-31 be repealed because a question
has been raised by the Indian River County Supervisor of Elections
concerning the legal sufficiency of the proposed changes to the
City Charter proposed therein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Ordinance No. O-91-31 is hereby repealed.
Section 2. The referendum question created by ordinance
0-91-31 shall not be placed on the ballot in the March 10, 1992,
municipal elections.
Section 3. EFFECTIVE DATE. This Ordinance shall become
effective i~mediately upon its adoption, and Ordinance No. O-91-
31 is hereby repealed effective immediately upon the adoption of
this ordinance No. 0-92-04.
The foregoing Ordinance was moved for adoption by Councilman
The motion was seconded by
Councilman and, upon being put to a vote,
the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by Florida Statutes, that one public hearing was held on this
ordinance at 7:00 p.m. on the ~ day of , 1992, and
that following said public hearing this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 2 -
RESOLUTION NO. R-92-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE
THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE INCORPORATED ~%REA OF THE
CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE
MAILING OF THIS RESOLUTION; AND PROVIDING 'FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida (the "City Council"), is contemplating the
implementation of an ordinance providing for stormwater management
projects and services within the area of the City of Sebastian (the
"City"); and
WHEREAS, the ordinance will require that each property owner
shall pay for the provision of stormwater management projects and
services through a special assessment on such property; and
WHEREAS, the City Council intends to use the uniform method
for collecting non-ad valorem special assessments levied within the
City as authorized by section 197.3632, Florida Statutes, as
amended, because this method will allow such special assessments
to be collected annually commencing in November, 1992, in the same
manner as provided for ad valorem taxes; and
WHEREAS, the city Council held a duly advertised public
hearing prior to the adoption of this Resolution, proof of
publication of such hearing being attached hereto as-Exhibit A;
NOW, THEREFORE, BE ITRESOLVED by the City Council of the City
of Sebastian,'Indian River County, Florida, as follows:
Section 1. That commencing with the 1992-1993 Fiscal Year and
with the tax statement mailed for such Fiscal Year, the city
intends to use the uniform method of collecting non-ad valorem
assessments authorized in Section 197.3632, Florida Statutes, as
amended, for collecting the non-ad valorem assessments levied
throughout the incorporated area of the City for the provision of
stormwater management projects and services. A legal description
of such area subject to the assessments is attached hereto as
Exhibit B and incorporated by reference.
Section 2. That the city hereby determines that the levy of
the assessment is needed to fund the cost of the provision of
stormwater management projects and services within the City.
Section 3. That, upon adoption, the City Manager is hereby
directed to send a copy of this Resolution by United States mail
to the Florida Department of Revenue, the Indian River County Tax
Collector, and the Indian River County Property Appraiser by March
10, 1992.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
The motion was seconded by Councilman
, and, upon being put to a vote, the vote
was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(Seal)
Approved as'~o Form and Content:
Charles Ian Nash, City Attorney
- 2 -
DATE:
TO:
FROM:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
February 4, 1992
Kathryn M. O JHa!loran
City Clerk
Daniel C. Eckis, P.E
City En~.ineer/Public Wbrks Director
RE: Abandonment of Easement- West, five (5) feet. of Lot !2,
and the East five (50) feet of Lot 1:3, Block 82, Unit i,
Sebastian Highlands.
I have reviewed the request for abandonment of easements and
i have no objections to this adandonment being
so that the water pipe from lot 12 can be connected to lot
13.
Should you have any further information, please feel free to
contact our office.
DCE: lk
RESOLUTION NO. R-92-09
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE EASEMENT OF THE WEST 5 FEET OF LOT 12 AND THE EAST FIVE
FEET OF LOT 13, BLOCK 32, UNIT 1, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-15, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND
EFFECTIVE DATE.
BE IT RESOLVED BY 'the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The west five feet of Lot 12 and the east five feet of Lot
13, Block 32, Unit 1, Sebastian Highlands, according to the
plat thereof, recorded in PBI5-15, Public Records of Indian
River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION iV
This resolution shall be in full force and effect
immediately upon its passage.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this day of , 1992.
Kathryn M. O'Halloran, CMC/AAE
( S E A L )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1992.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
CITY OF SEBASTIAN
'APPLICATION FOR VACATION OF EASEMENT(S)
(This request shall no be accepted unless completed in full)
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
APPROXIMATE ~ZZE OF EASEMENT:~feet in length /~ ' in width
~ ~ i ~ ~ 1/ . /,
I HEREBY CERTIFY. that I, the Applicent, own the real property on
which the easement I request to vacat~ exists, or I am authorized
to present this request to vacate by th~ owner of the real
property.
~i~ned: (title, if a~y) Date
Corporate Seal
Please Print Name Here
Attach hereto'the following:
( ) 1. Map, plat, survey, or clear drawing at least 8 112" x 11"
..showing the parcel of land on which the easement exists,
with parcel(s) of land ad3acent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
( ) 5.
(N/A)
Complete legal description of the parcel of land on which
the easement existe if the full description cannot be
placed on the lines provided above for the description.
( ) 3.
(N/A)
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
( ) 4.
( N/A )
IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
( ) 5.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office of the City Clerk. This application fee is not
refundable. The fBe is $25.00.
( ) 6. OTHER:
Date~ ed by the Office of the City Clerk
By: j"~ I'~/ ,
fil~/~h, app
iJ
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978~ .' ....... TELEPHONE (,407) 589-5330 D FAX (407)589-5570
0 'Hal!oz'an ',7, ...... -'" ,'"
TO: Kathryn M.
-~; f ' :~' t '~._.
City Clerk
FROM: Daniel C. Eck~s~ ~.E. .
C1%y ~ngineer/Public: k~rks Direc. t~or
.... ~ 'fi'ye (~i) feet
RE- Abandonment, of Easement.- oou~:
_.~ ..... .- ,-' ~ '' of Lot ~ ~ioc'k i, U~zi~ i.
az~ L~'ze~ ~.~oz'~Lt five q L.~ Zee'c,
I have reviewed the request for abandonment of easements and
do not have any objections to the abandonment, if it is for
onstruction of a single structure %c., be buzit,
the c
lots.
Should you require any further information, ~ease
to contact our offioe.
DE:lk
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AA~
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this day of , 1992.
Kathryn M. O'Halloran, CMC/AA~;
( SEAL )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1992.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
CITY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(This r~quest shall n__ob__e accepted unless completed in full)
NAME:Amos & Jean Barrow (Lot 5) Kevin Smith (I,ot 4)
Veto Beach
ADDRESS: c/O Ralph L. Evans, Esq., Post office Box 3247, FL 32964
TELEPHONE N0. (407) 231-1800 TYPE OF ENTITY:* Individuals
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
Lots 4 and 5, Block 1, Unit 1, Sebastian Highlands, Plat Book
5, pages 14 & 15, Indian River County, Florida.
(Attach description on attachment if necessary)
(This item to be filled in by Building Official) J-~ ~/
TYPE OF EASEMENT: P.U.D.
APPROXIMATE SIZE OF EASEMENT: 125 feet in length 10' in width total
(5' in width for each easement sl~~y side, one on each lot)
PURPOSE FOR REQUEST TO VACATE: Sinqle Family Dwellinq constructed
over easement.
(Explain in detail your need to release this easement)
I HEREBY CERTIFY that i, the Applicant, own the real property on
which the easement I request to vacate exists, or I am authorized
to present this requ~9~~ to vacate by the owner of the real
S~lgn~c~: (ti~, if any) J/ Date /
corporate
Please Print Name ~ero
At.ch hereto the following:
(%0 1. Map. plat, survey, or clear drawing at least B 1/2" x 11"
( )2.
(N/A)
( ) 3.
(N/A)
( ) 4.
( N/A )
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
Complete legal description of the parcel of land on which
the easement exists if the full description cannot bs
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of land
on which the ~sement exists if the applicant is not the
owner.
IF iT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
~w RAK~MENT TO ACCOMPLiSII TIlE DEDICATION OF THE NEW EASEMENT.
money order payable to "The City of
]bmittal of this application to the
~ Clerk. This application fee is not
[es is $25.00.
Date
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Eld waiver-slide
Schumann Park
Playground
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
ENG/PW~
02-19-92
02-26-92
Exhibits: Czt¥ F. ngineer
Memo 02-04-92
EXPENDITURE
REQUIRED: $4,800
AMOUNT A~PROPRIATION
BUDGETED: $25,000. REQUIRED:
SUMMARY ~
The slide a't Schumann Park was removed for safety reasons
and needs to be replaced. The purchase of a new stainless
steel slide, which is what was removed, will be of
lasting benefit to the City since the previous slide was
on site for approximately 15 years. Dcminica Recreation
of Longwood, FI was the low bidder on the Riverview Park
Playground equipment. Aisc, they have supplied the City
w£ti~ equipment in the past on numerous occasions.
Dominica Recreation will extend its Dade County School.
Board bid to she C~ty of Sebastian for this equipment.
Staff has also solicited
pzoposazs from experienced
_~layground installers. According. to Dominica Recreat'zo,,
az !.z,'~ ,':~ :,:,k~ s!i,'~ ~'=' [:~t,~,ile
· ,z- .... ~ ......
sc::-ciflcati.:z.z:s .... ~" "~'*-.~<-: .... ' ' ',~ ~,-{e q iabiiity
,z,=~,.,i ~, ~ .... ·
iztsuPance ?¥,'~ez-d,i~e is in effect,z~z,~,._,'aiiaticn by Able
Playground ~nst. ailers of OrlP,.ndo. Fi will run $55(3.
installation by John Fitzgerald of Longwood, F1 will Pun
$750. Installation bM Public Works will save additional
funds.
'Sectiort ~.--,~4 tu
...... ? L,o 2nc
modify the bidding procedure on specific contracts
ACTION
Hove to approve a waiver of normal bidding procedures for
from Dominica Recreation of Longwood, F1 and the
installation by the City of Sebastian Public Works
Department.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE;
TO:
February 4, 1992
Mayor and City Council
THROUGH:
FROM:
Robert S. McClary
City Manager
Daniel C. Eckis~
City Engineer/Public Works Director
RE:
Schumann Park - Playground Slide
Please be advised that for safety reasons the slide'at the
Schumann Park field was removed after serving the children
for approximately 15 years. Due to the age of the slide
we feel it would be more advantageous to purchase a new slide
for this area.
At this time we are requesting a waiver of bid to purchase a
Gametime slide from Dominica Recreation at a cost of
$4800.00. This cost represents the exact slide which we have
removed. Dominica is the same company which gave us the low
bid on the Riverview Park playground equipment recently
installed. Also, they carry a large amoun~ of liability
insurance against their equipment. They will allow us to
piggy back the Dade County ~chool Boa,"d cont?-act with an
additional 4% discount which probably will more than cover
the cost of the freight,
The budget allows for parks improvements funds and this
purchase could be allocated from those monies.
Thank you for your consideration in this matter.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Waiver of Bidding
Procedure for the
Purchase of a New Golf
Course Truck
Approved For Submittal By:
City Manager
Agenda No.
?,¢. o6
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
Finance (LWN)
02-20-g2
02-26-g2
Memo from GCS
EXPENDITURE AMOUNT
REQUIRED: $ 9,975.00 BUDGETED: $ -0-
APPROPRIATION
REQUIRED: $ 9,975.00
SUMMARY STATEMENT
The Golf Course maintenance department's 1985 Dodge pickup truck was declared
a total loss by the insurance adjuster as a result of the damage sustained during
a recent vandalism. The Golf Course will receive a check from insurance in the
amount of $5,790.00 for this fully depreciated truck which cost $9,306.00 new
in June of 1985. The new 1/2 ton Chevy 1500 is available via state contract from
Jerry Hamm Chevrolet in Jacksonville at a base cost of $8,713.00, extras include
A/C $660.00, AM/FM radio $272.00, bedliner $200.00, and a spare tire and frame
$130.00, for a total purchase price of $9,975.00., This is the same dealer the
police vehicle were purchased from. Pursuant to city code section 2-64 (j),
"The City Council may waive or modify the bidding procedure on specific contract
for good cause."
RECOMMENDED ACTION
Move to grant a waiver of bidding procedure and to grant authority for the
purchase of a 1992 Chevy 1500 1/2 ton pickup truck from Jerry Hamm Chevrolet of
Jacksonville at a cost of $9,975.00.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
FEBRUARY 20, 1992
TO: ROBB MCCLARY CITY MANAGER
FROM: CHRIS MCCARTHY G.C.S. ~L
VIA: JIM DELARME G.C.P.M';--~
RE: WAIVER OF BID PROCEDURE FOR NEW TRUCK
The Maintenance department's 1985 Dodge truck was
totalled during the recent vandalism at the course. I
would like to ~-aive the bidding procedure to purchase
a new truck. The state contract price for Chevy 1500
½ ton truck (Model ~CCI0903) is $8,713.00. After add-
ing a air conditioner ($660.00), AM/FM radio(S272.00),
bedliner($200.00) and a spare tire and frame(S130.00)
the total cost will be $9,975.00. Gary Han%m Chevy Geo
of Jacksonville has the state contract for this truck.
If you have any questions concerning this, please con-
tact me.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Traffic circulation
Study
Approved For Submittal Byt
city Manager
Agenda No. ~j.~&~/,/~.~
Dept. of Origin:
Date Submitted:
For Agenda Of:
Exhibits:
City Engi~DCE)
02/20/92
02/26/92
- Kimley - Horn Memo Dated, 02/12/92
- Traffic Circulation Map
(Under Separate Cover)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Kimley-Horn, the engineering consultants hired by the City to
prepare a traffic circulation study, will make a progress report
at the city Council Meeting of 02/26/92. The consultants will
review the work sompleted to date and discuss the scope of the
remaining work under the project. No action is requested at this
time but the project does call for at least two (2) public input
sessions.
RECOMMENDED ACTION
No action i~ requested at this time.
re~tr~Ul~ 407 81M.47~,1
MEMORANDUM
TO:
FROM;
DATE:
SUB J:
Dan Ebkis
Laura ,Firt¢l ~
Februr, ty 12, 1992
Public Workshop with City Council
FILE: 8658.01
RESPONSE DATE: N/A
As wc dlscussed, in order io keep tho project on schedule, we need to hold our first public
workshop with City Council. Aa you know, there will bc three public workshops in the course
of (he project, but this onc is simply to alert the public that thc study is underway, present our
finalized cxisllng conditions evaluation, let people know what the subsequent tasks will be and
get initial public input.
We would like to schedule this meeting to occur during the wcck of February 24th.
understand City Council will be meeting in the evening of February 26. That would be
convenient for us if it works for your schedule. So lhat you can provide adequate Icad time
for proper public notification and get this on thc City Council agenda, le('s settle on a date as
soon as possible.
LBF:~;Iw
~OI BM.!r 1 ~
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (40?) 589-5330 [] FAX (407) 589-5570
SUBJECT,
REAPPOINTMENT OF CODE ENFORCEMENT
BOARD MEMBER
Approved For Submittal
City Manager . j/~7/~C~'
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 02/20/92
For Agenda Of:
02/~6{92
Exhibits:
Letter dated 1/14/92 from Joan
Kostenbader;
Application dated 10/22/91 from
John Price;
Application dated 1/27/92 from
Walter Golembeski
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the Code Enforcement Board meeting of February 19, 1992, a motion was
made by Damien Gilliams and seconded by Wayne Tozzolo to recommend to City
Council the reappointment of Joan Kostenbader for a second term expiring
in 3 years (March 1995).
RECOMMENDED ACTION
Move to recommend to City Council reappointment of Joan Kostenbader for an
additional 3 year term which will expire March 1995.
January 14, 1,992
To Sebastian City Council
t:he board
i illtlT9'~
Sincerely,
Joan M. Kost:enbadel'
NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS
OF 2/20/92 AND WILL BE REVISED AT THE BEGINNING OF EACH
MONTH
CODE ENFORCEMENT BOARD
MEETS THIRD WEDNESDAY OF EACH MONTH - 2:00 P.M.
HENRY A. FISCHER
755 S. FISCHER CIRCLE
P.O. BOX #780068
SEBASTIAN, FLORIDA 32958
REALTOR POSITION
APPOINTED UNEXPIRED TERM: 7/86
TERM EXPIRED: 3/91
REAPPOINTED 3/91-TERM EXPIRES: 3/94
(currently in 2nd term and 6th year)
LOUIS NICOLINI
1162 CROQUET LANE
SEBASTIAN, FL 32958
388-5764
GENERAL CONTRACTOR POSITION
APPOINTED 6/90
TERM EXPIRES: 6/93
(currently in 1st term and 2nd year)
JOAN KOSTENBADER
852 DOCTOR AVENUE
SEBASTIAN, FL 32978
RESIDENT POSITION
APPOINTED 5/24/89
TERM EXPIRES: 3/92
(currently in 1st term and 3rd year)
DONATO DEROBERTIS
CHAIRMAN
550 SW MICHAEL ST.
589-0410
MEMBER POSITION
APPOINTED 11/88
TERM EXPIRED: 3/91
REAPPOINTED 3/91-TERM EXPIRES: 3/94
(currently in 2nd term and 4th year)
WAYNE TOZZOLO
1085 GARDENIA ST.
SEBASTIAN, FL 32958
388-9736 - H
BUSINESSMAN POSITION
APPOINTED 6/90
TERM EXPIRED: 3/91
REAPPOINTED 3/91-TERM EXPIRES: 3/94
(currently in 2nd term and 2nd year)
DAMIAN GILLIAMS
516 GERALD STREET
SEBASTIAN, FL 32958
REALTOR POSITION
APPOINTED 5/24/89
UNEXPIRED TERM EXPIRES 3/90
REAPPOINTED: 3/90
TERM EXPIRES: 3/93
(currently in 2nd term and 3rd year)
GEORGE METCALF
425 PINE STREET
SEBASTIAN, FL 32958
ENGINEER POSITION
APPOINTED: 8/90
TERM EXPIRES: 8/93
(currently in ls% term and 2nd year)
49
.
3.
4.
5.
CITY OF SEBASTIAN
APPLICATION TO SERVE ON CITY
HOME TELEPHONE: ._
BUSINESS: ~/~ , ,
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
V. SOCIAL SECURITY NUMBER: .... /~--~22-- ~~
9. RESUME OF EDUCATION~AND E~PERIENCE: ~1~
(Uie adSi{ional sSeets i~ ~CdSS~y dr/submit resume i~ available)'
11. Are you a resident of the City7 Yes
12. Length of Residency 7 V/7~- ~N~05,
13. Do you hold a public office? Yes~ No ~
14.
Do you serve on a City Board at present? Yes~ No~.
15. PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON:
*BOARD OF ADJUSTMENT CEMETERY COMNITTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD
PARKS AND RECREATION
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
16. What 'qualifications do you have to serve on this board?
- 0 V E R -
"[~.~'~ .18. '- Would you consider serving on
'on~(s) you selected above?
felony or any
this or any state?
Yes No ~
another Board other than the
Yes / No
i hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal. '
I understand that the City Council of the City of--SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inability to perform his official
duties. Further, i understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
cant Signa~u~
?/..
No'~y Public, Staff8 o~-~o~ida
My Commission Expires:
.-t. Notary Public, State of Florida
I~/Commission E~piras April 30, 1994
\ws-formkboard.app
SEBA TFIAN
POLICE
DEPARTMENT
Earle L. Petty, Chief of Police
III I I I III II I I
MEMORANDUM
Post Office Box 780127
Sebastian, FL 32978-0127
(407) $89-5233
IIII ii III I III II
DAlE :
1-0 :
FROM :
SUBJECT :
October 24, 1991
Kathryn M. O'Halloran, City Clerk
Investigator .G. McCarthy
Want~arrant Check - Apdlt'cant John R. Price
A check for wants/warrants for the above referenced applicant/board
me~er reveal that:
(x) No active want or warrant for.subject ~s on file.
( ) An active warrant or want does exist and follow up will occur.
Sebastian Pollce Deoartment
, NAME:
CITY OF SEBASTIAN
APPLICATION TO SERVE ON CITY BOARD
WALTER C. GOLEMBESKI
660 Forster Ave. Sebastian,FL
3,
4,
5,
HOME ADDRESS:
I
HOME TELEPHONE:
BUSINESS:
388-5341
NA
BUSINESS ADDRESS:
MA
7.
8.
9,
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
DRIVERS LICENSE NUMBER:
~A
RESUME OF EDUCATION AND EXPERIENCE: ATTAC~ED
(use additional sheets if necessary or submit resume if available)
10,
11,
12,
13,
14,
15,
16.
Voter registration no,
Are you a resident of the City? Yes__~_X No__
Length of Residency 3. vears
Do you hold a public office? Yes__ No x
Do you serve on a City'Board at present? Yes__ No~
PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON:
*BOARD OF ADJUSTMENT CEMETERY~COMMITTEE
*CODE ENFORCEMENT BOARD*CoNsTRuCTION BOARD
PARKS AND RECREATION
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
What qualifications do you have to serve on this board?
43 years, exRerience i~ co, nstru¢~ion. See ~esume.
- O V E R -
Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes No X
18. Would you consider serving on another Board other than the
one(s) you selected above? Yes X No
I hereby certify that I am qualified 'to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the City of ~EBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual'drunkenness,
incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Pollce'Department'to run an
active warrant check on me.
App%~i-c a~t ~nature
SWO~N TO AND SUBSCRIBED fore me this ~ day~',
My Commission Expires:
\ws-form\board.app
flotafy Pub§c, Sta~e of ftc.ida
My Commission Expires ;~arch 9, 1992
WALTER C. GOLEMBESKI
PERSONAL INFORMATION
Home Address:
Place of Birth:
Date of Birth:
Health:
Marital Status:
Military Status:
660 Forster Ave.
Sebastian, Florida 32958
(407)388-5341
Scranton, Pennsylvania
January 11, 1926
Excellent
Married -
World War II, Army
Honorable Discharge
EDUCATION
West Scranton High School
Scranton, Pennsylvania
Graduated 1942
EXPERIENCE
FRANK J. ROONEY, INC.
Subsidiary of Cyntex (Dallas, Texas)
2861 East Oakland Park Blvd.
Fort Lauderdale, Fi. 33306
(407)949-0032
Type of Business:
Job Description:
Supervisor:
Projects:
General Contractor
Superintendant
Morgan King
Project Manager
From: September 1988 to January 1989
Miami Hotel Roof Top Facility (10,000,000)
Dade County Aviation Department
Construction: Structural steel and Concrete
From: September 1984 to September 1988
Terminal Extension North Miami
International Airport
Concourse "B" (30,000,000)
North East Bus Maintenance Facilities
Construction: Precast and Structural
From: February 1984 to September 1984
Resum~ of
Walter Golembeski
Page 2
Governmental Center (10,000,000)
Fort Lauderdale, Fl.
From: April 1983 to February 1984
Federal Courthouse (15,000,000)
Miami, FI.
From: February 1981 to April 1983
Metro Bus Facility (10,000,000)
Miami, Fi.
From: January 1980 to February 1981
Sheraton Hotel (6,000,000)
Fort Lauderdale, Fl.
From: September 1979 to January 1980
FIRST FLORIDA BUILDING CORPORATION
5900 S.W. 73rd Street
Miami, Fi.
Type of Business:
Job Description:
Job Responsibilities:
Supervisor:
General Contractor
Superintendant
Troubleshooting problem
jobs, Supervision
Scott Shaver
Division Manager
Projects:
From: August 1978 to A~gust 1979
American Hospital Supply Warehouse (900,000)
Construction: Precast
From: February 1979 to August 1979
Various Fast Food Restaurants (3000,000)
Construction: Steel and Masonry
From: August 1978 to February 1979
ROBERT L. TURCHIN, INC.
1835 Purdy Ave.
Miami Beach, Fi.
Type of Business:
Job Description:
Job Responsibilities:
Supervisor:
General Contractor
Superintendant
Carpenter Foreman, General
Foreman, Assistant Super-
intendant, Superintendant
Lewis C. Gentry
Vice President
Resum~ of
Walter Golembeski
Page 3
Projects:
From: June 1958' to August 1978
Key Colony, 14 Stroy, Phase I (20,000,000)
Construction: Post Tension
From June 1977 to August 1978
Biltmore Two, 14 StorY (15,000,000)
Construction: Post Tension
From: July 1975 to June 1977
Biscayne General Hospital, 500-Bed (9~00,000)
Construction: Precast Joists, Post Tension
From: July 1972 to June 1975
Kendall Lakes Townhouses, 109 Un~ts (5,000,000)
Construction: Precast Joists
From: July 1972 to June 1973
5560 Building, 22 Story (9',000,000)
Construction: Flat Plate
From: June 1970 to June 1972
Carriage House, 14 Story
Construction: Flat Plate Slab
From: July 1968 to May 1970
Seacoast Towers East, 17 Story
Construction: Flat Plate Slab
From: August 1966 to June 1968
Diplomat Towers, 14 Story
Construction: Flat Plate Slab
From: October 1964 to July 1966
Florida Memorial College 1963 - 1964
Doral Beach Hotel 1962
Jefferson Stores and Publix 1961
Morton Towers Phase I & II 1958 - 1961
Resum~
Walter
Page 4
of
Golembeski
Other Contractors:
Burke Construction Company
Miami,
blorphy Constrution Company
Palm Beach, Fl.
M.R. Harrison Construction
Miami, Fl.
Powell Brothers
Ft. Lauderdale, FL.
.Mackle Construction Company
Miami, Fi.
Taylor Construction Company
Miami, FI.
Ebasary Foundations'
Miami, Fi.
Reed Construction Company
Miami, Fi.
Heavy Construction
Miami, Fi.
A.D.H. Builders
Miami, Fi.
Star Construction
bliami, FI.
From: 1947 to 1957
Carpenter to Carpenter Foreman
SEBASTIAN
POLICE
DEPARTMENT
Earle k. Petty, Chief of Police
MEMORANDUM
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 58g-5233
DATE :
lO :
FROM :
SUBJECT :
A check for wants/warrants for the above referenced
member reveal that:
(x) No active want or warrant fo[subject Js on file.
(
02-03-92
Kathryn O'Halloran _
Investigator M~Carthy
Want/Warrant Check - Apd11'cant WaZter G. GoZe~nbesk_i_
applicant/board
) An actlve warrant or want does exlst and follow Up wi11 occur.
Investigator ,~/ · ~
Sebastlan Pollce Deb'artment ~
City of Sebastian
POST OFFICE SOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
M E M O
TO:
FROM:
SUBJECT:
Earle Petty, Chief of Police
Ka%hryn M. O'Halloran, City Clerk
Investi~ation_- Boa____r~ Application
Walter C. Golembeski
DATE:
January 27, 1992
Attached please find board application of Walter C. Golembeski for
investigation, in accordance with Resolution No. R-89-13, to
serve on a City Board.
/is
Enclosure
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT:
Laconia Street
Power Pole
Alternative
Approved for Submittal By:
City Manager
Agenda
Dept. Origin
Date Submitted
Exhibits: ~zty Engineer
Memo 02-19-92 - Color Map
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED-
As directed by the City Manager, I have reviewed the
proposed feeder distribution line route for Laconia
Street and have made a map indicati::g an alternative of
considerable less impact. The map shows existing
housing, FPL proposed location and
location impacting only three '
they would be willing to look at an .az~,~r,x~,,_.~v~ :'::~ ........
proposed by the _,~ty and advi~:e..~'; ¢ ~t is feasible for,
them e% this time.
RECOMMENDE~,, ACTIO~
to contact FPL with the realisnment of their feeder
distribution lines as described in the City Engineer
Memo.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
1
DATE:
February 19, 1992
TO:
FROM:
Robert S. McClary
City Manager
I~ ~¥1
Daniel C. Eckis,
City Engineer/Public ~ks Director
RE:
Laconia Street Florida Power and Light Poles
As requested, I have reviewed the proposed locations of the
power poles that Florida Power and Light wishes to install to
carry the new feeder distribution lines. In a meeting with
Dirk Emnick, John Edmonson, and R.E. Lloyd (Bob), they
indicated that they would be flexible with alternatives that
the City could provide for their review.
In our meeting we had discussed two possibilities and
following that meeting, I made an on site inspection and
reviewed 'the location of existing houses and considered an
alternate location of the feeder distribution lines down the
existing power poles on Bevan Drive to Montrose then Eastward
on Montrose on the South side 'to the intersection of Laconia
Street. Then southward on the west side of the right of way
cf laconia thereby crossing only three existing houses with
one house having an existing power pole.
This alternative would reduce the impact to the existing home
owners on Laoonia Street from twenty six existing dwellings
to only three. Florida Power and Light would be required to
contact the property owners i~mnediately south and west of the
City limits 'to obtain an easement to extend 'the power pole
line down to Concha Drive.
City of Sebastian
POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 rn FAX (407) 589-5570
SUBJECT:
ACCEPTANCE OF PERPETUAL
MAINTENANCE OF STREETS AND
DRAINAGE FOR POINT-O-WOODS
SUBDIVISION
Approved For Submittal By:.)
City Manager ,,~ a
Agenda Number:
Dept. Origin: Community Development
(BC~
Date Submitted: 02/20/92
For Agenda Of:
02/26/92
Exhibits:
Letter dated 10/11/90 from
Randy Mosby
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of November 14, 1990, the City Council reviewed the
request from Steve Taca for the City to accept the perpetual maintenance
of the streets and drainage structures in Point-O-Woods Subdivision. The
City Council agreed t9 proceed with such acceptance provided the
conditions outlined in Randy Mosby's letter dated October 11, 1990, be met
and the applicant reimburse the City the cost of our engineering
consultant needed to review this subdivision.
After further review of the letter from Randy Mosby, the City staff has
the following re~ommendations concerning the eight conditions outlined in
Mr. Mosby's letter:
Staff agrees that the front utility easement of 15 feet
should become a drainage easement in order to insure that
there will be no modification to the drainage swales
without prior approval by the City.
Staff agrees that the engineer of record shall provide a
signed and sealed statement that the drainage system was
designed and constructed in accordance with all applicable
codes at the time it was constructed.
Staff will send out letters to the existing residents
within the subdivision requesting them to inform the City
if they are aware of any past or present drainage or
roadway problems.
Page 2
4.
Dan Eckis, City Engineer, has already inspected the
roadways and drainage system and has found that there
are no deficiencies.
Staff does not recommend that the developer post a bond
because the streets and drainage systems have been in place
for many years and there is no evidence of maintenance
problems.
A certified testing lab has already taken pavement cores
of Robin Lane and the City Engineer has reviewed those
results and found no deficiencies.
Staff agrees that the recorded final plat shall be
modified indicating the City of Sebastian shall have
access to all drainage easements and Tract A for
maintenance.
Staff agrees that developer shall bear the cost of all
engineering, surveying, testing and recording fees
associated with the acceptance of the Point-O-Woods
Subdivision.
RECOMMENDED ACTION
Move to direct the City Attorney to draft a resolution in order for the
City of Sebastian to accept the perpetual maintenance of Point-O-Woods
Subdivision's streets and drainage facilities.
MOSBY AND ASSOCIATES, INC.
CONSULTING ~' NGINE[R~.
October 110 1990
1507 2OTii STREET
P,O. BOX 6368
VERO BEACH, FLORIDA 32961
407-569-0035
Mr. Rob McClary
City Manager
City of Sebastian
Post Office Box 127
Sebastian, Florida
32978-0127
Subject:
Pointe-O-Woods Subdivision
Sebastian, Florida
Engineer's Project No. 90-101E
Dear Mr. McClary:
As requested, we have reviewed the past correspondence regarding
the subject developer's request for the City of Sebastian to accept
and maintain the existing roadway system within the Pointe-O-Woods
Subdivision. It is our recommendation that prior to the City
accepting these roadways, the followihg conditions be met. These
recommendations are in addition, and modifications of the conditions,
set forth in your letter dated, August 1, 1988, to Mr. Rene
VandeVoorde.
It is agreed that the current fifty feet (50') roadway right-
of-ways are not acceptable and the recorded plat should be
modified to state that a fifteen foot (15') front utility ease-
ment shall also' become a drainage easement.
Back when this subdivision was constructed the drainage permitting
process was very lax. it is very possible that a permit for
the stormwater system was never received. We suggest that
the engineer of record provide a signed and sealed statement
that the drainage system was designed and constructed in accor-
dance with all applicable codes at the time it was constructed.
To insure that there are no existing drainage or roadway problems,
we suggest that the City send out a letter to all the residents
within the Pointe-O-Woods Subdivision requesting them to in-
form the City if they are aware of any past or present drainage
or roadway problems.
Mr.' Rob McClary
October 11, 1990
PaGe 2
A detailed inspection of the roadways and drainage systems
is recommended. Any deficiency found should be repaired by
the contractor prior to acceptance by the City.
We recommend that the developer post a once a year maintenance
bond beginninG the date of acceptance by the City.
To insure that the roadways have been constructed to the City's
standards we recommend the pavement cores be taken. The fre-
quency and location of these roadway cores should be left to
the discretion of the certified testinG lab.
The recorded final plat shall be modified indicatinG the City
of Sebastian shall have access, to all drainage easements and
Tract A for maintenance.
The developer shall bear the cost of all engineering, survey,
testing and recording fees accociated with the acceptance of
the Pointe-O-Woods Subdivision.
We are available to meet with you at your earliest convenience
regarding this project.
Should you
Ve~ull(Y}urs'- '
require further information, please call.
RLM:bes
CC
City of Sebastian
POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Award of Bid for residential
refuse collection.
Approved for Submittal By:
City Manager ~
) Agenda No.
) Dept. Origin Finance (MLH)
)
) Date Submitted: 02-20-92
)
) For Agenda Of 02-26-92
)
) Exhibits: Analysis of franchise fees,
) Exclusive trash franchise
) bid tabulation.
Expenditure Amount Appropriation
Required: -0- Budgeted: Required:
SUMMARY STATEMENT ~
The current franchises for trash pickup for the City of Sebastian have expired an een
extended to March 16, 1992, by action of City Council. The City desires to en~¢'~ into
an exclusive franchise for the collection of solid waste and yard trash and has requested
and secured proposals from refuse haulers from the several contiguous counties. Sealed
proposals were opened in the City Manager's Conference Room, Tuesday, February
18, 1992 at 2:00 P.M. The following proposal figures were submitted (in order of best
bid price- all prices are per customer per month):
1) St. Lucie Waste serVices. $ 5.75
2) Kimmins Recycling Corp. 6.72
3) South Lake Refuse SerVice, Inc. 7.82
4) Harris Sanitation, Inc. 8.79
5) Treasure Coast Refuse, Inc. 11.92
1) St. Lucie Waste SerVices, Inc. has complied with all bid requirements and
tentatively has qualified themselves as lowest qualified bidder.
2) Kimmins Recycling Corp. has not complied with the majority of the bid
requirements and has asked to have their bid withdrawn, however under the
proposal document is not excused by that request.
3)
Southlake Refuse Service, Inc. did not comply with financial statement
requirements in their proposal and, in the clarifications and exceptions area of the
proposal, included exceptions unacceptable to the City (in my opinion).
The current franchisees rates are as follows:
Harris Sanitation, Inc. - $4.25 per month per customer
Treasure Coast Refuse, Inc. - $5.65 per month per customer
The bid proposal allowed to add a franchise fee payable to the City, to be passed on
without markup to the customer. An itemized list of the in-force franchise fees are
attached for your review. The current in-force franchise fees range from 0 % to 6 % of
gross revenues from services, with the majority of the franchise fees at 6%. A 6%
franchise fee would indicate a per customer per month total billing of $6.12 of which
the City would receive $0.37. The total anticipated franchise fee revenue is
approximately $7,500.00 (1700 customers x $0.37 x 12months=S7,548.00).
Commercial and Construction wastes are not addressed in the franchises and it is
opinion of staff that occupational licenses and county permitting are the only
requirements for commercial service.
The following is the proposed timetable for adoption of the required ordinances, etc.:
First reading of ordinance March 11, 1992
Required 10 days advertising
Public hearing & adoption March 25, 1992
Both Harris Sanitation, Inc. and Treasure Coast Refuse, Inc. have been contacted and
have graciously agreed to extend their franchise commitments two weeks to thirty days
to be worked out. St. Lucie Waste Services, Inc. indicated they would commence
operations immediately in an emergency situation.
RECOMMENDED ACTION
Award bid for exclusive franchise to St. Lucie Waste Services, Inc. for refuse, etc.
pickup and hauling subject to favorable review of operations, equipment, financial
ability, and references by staff. Approve franchise fee of 6% and approve monthly
per customer billing charges by St. Lucie Waste Services, Inc. of $6.12 to include the
6% franchise fee. Direct staff to prepare proper ordinances, public notices, etc. as
required to effect implementation of the award.
ANALYSIS OF FRANCHISE FEES
Finance Department, Larry W. napier, Assistant Finance Director
February 20, 1992
GDU Water
FP&L Streeflighting
Southern Bell
Cable TV
Treasure Coast Refuse
GDU Sewer
FP &L Electric
Harris Sanitation
Lake Deloris Utilities
Sebastian lakes Utilities
IRC water & sewer
6% of gross revenues from sale of water
none
1% of gross receipts of phone rentals
3 % of gross basic service revenues
none
6 % of revenues from sale of sewer services
6 % of revenues from sale of electrical energy
none
3 % of revenues from sale of water & sewer
3 % of revenues from sale of water & sewer
6 % of county's gross revenue from sale of water
and sewer service