HomeMy WebLinkAbout03251992THE VILLAGE ARCHITECTi~ P.A.
TO WHOM iT MAY CONCERN
Sebastian City Council Meeting
March 25, 1992
The PROPOSED TERMINATION OF MY SERVICES FOR THE DESIGN OF THE SEBASTIAN GOLF
FACILITY'S PRO SHOP might be compared, if you will, to someone with a stomach
ache who has gone to the Medical Profession for assistance: The Doctor,
having been paid to do consultations and tests to find the true source of the
problem, discovers that the problem stems from much more than a simple ache:
the Patient's appendix is inflamed, and must be taken seriously with
correspondingly corrective action. However, the Patient then informs the
Doctor that the Patient only wanted to be given a simple pain reliever, and
will terminate at once the doctor/patient relationship so the Patient can find
some doctor who will simply prescribe what the Patient wants.
If I am to be terminated from my design contract for solving the functibna'l
pain emanating from the Golf Pro Shop, let it be for a LOGICAL REASON.
~et ..it NOT be for th.e illoqical...reason that "the Project is only a simple
problem": for detailed programming consultations with Pro Shop'Staff
uncovered a need for a challenging custom cabinetry design within a very tight
666 SF space. The discovery of the intense spacial requirements, in addition
to the understood need to fit all the pieces together aesthetically, require
that we view the Pro Shop's design issues as much more than a simple problem.
Let it NOT be for the illoqical reason that "cost estimations are more than
$20,000.00": for by Subparagraph 5.2.1, Page Thirteen, of the mutually signed
Contract of February 26, 1992, "the Architect cannot and does not warrant or
represent that bids or negotiated prices will not vary from the Owner's
Project Budget" Furthermore, the City would have done well to communicate
its $20,000.00 budget to the Architect when asked to do so at 2:40 p.m. on
Friday, February 28, 1992, pursuant to Paragraph 4.2, Page Eleven, of the
Contract which states that "the Owner shall establish and update an overall
budget for the Project" However, the Owner's budget, even though not given
until Hatch 19, 1992, should still strive to be realistic.
Let it NOT...be [,..or ..!he.ill.oqic. al .reason that "additional service authorizations
have been requested": for pursuant to Subparagraph 3.1.1, Page Eight of the
Contract, if such services "are required due to circumstances beyond the
Architect's contro), the Architect shall notify the Owner prior to commencing
such services, If the Owner deems that such services described.., are not
required, the Owner shall give prompt written notice to the Architect... and
the Architect shall have no obligation to provide those services." In every
case of additional service requests, the Owner's signature is required. But
the Architect should not be penalized for professional recommendations.
And let it NOT be for thel,,,i)]ol~iC~) reason that "this Project should have been
over long ago": for the Project can only begin from the date of Contract,
February 26, 1992. Pursuant to Paragraph 11.7 of the Contract, the length of
time contracted for delivery of Basic Services is "three (3) months" from date
of contract. There yet remains approximatly two (2) months for completion of
these Basic Services.
Respectfully submitted,
10753 HIGHWAY ONE, SEBASTIAN, FLORIDA 32958 FAX407-589-2134 / 407-589-4468
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
DATE:
TO:
FROM:
RE:
october 10, 1991
Michael L. Hudkins, Finance Director
Robert S. McClary ~~;~ "~
F-92 Management Salaries
Attached are Personnel Action Memos for management personnel who
are not on the unlimited time status step plan. The following is
a summary of the F-92 salaries for these individuals:
J. DeLarme
K. O'Halloran
B. Cooper
M. Hudkins
E. Petty
D. Eckis
D. Puscher
R. McClary
9/3o/9z zo/o1/9z ~
27,500 30,000 30,700
31,720 34,320 35,130
31,720 34,320 35,130
31,500 33,300 34,800*
35,000 37,690 38,590
42,000 45,800 45,800**
31,250 33,840 34,65'0
46,800 49,770 50,980
* Per Appointment Letter $1,500 increase effective 1-15-92.
** Per Appointment Letter $2,000 increase effective 10-1-91.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= Salary Adjustment
- Community Development
Direotor
Approved For Submlttal By=
City Manager
Dept. of Origin= City Manager
Date Submitted= 03/018/92
For Agenda Of= 03/25/92
Exhibits= - McClary Memo Dated-
10/10/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Bruce Cooper was appointed Building Official for the City of Sebastian
on July 8, 1987. During the past five (5) years, he has been named
Director of Community Development and his responsibilities have
increased. Bruce supervises eight (8) employees and five (5)
divisions of the Community Development Department. The five (5)
divisions include: Code Enforcement, Building Department, Board of
Adjustment, Planning & Zoning and Construction/Licensing. In addition
to supervising the staff functions for these divisions, he also
attends the meetings of the respective boards: Code Enforcement Board,
Contractor/Licensing Board, Planning & Zoning Commission, and Board of
Adjustments. Bruce coordinated the development of the City's
Comprehensive Plan which won the DCA award for best overall local
comprehensive plan for Florida Cities under 50,000 population.
Additionally, he has been assigned many special projects such as,
negotiating the Sebastian Lakes Developer Agreement for the
improvement of Laconia Street and Roseland Road extended.
Unfortunately, Department Heads of the City, unlike other employees,
are not on a step plan and do not have the ability for advancement,
reclassification or promotion. Further, Bruce's compensation has not
been commensurate with his responsibilities. Therefore, I ask City
Council for special consideration for this dedicated and hard working
individual to increase his salary by $2,370 per year from $35,130 to
$37,500 base salary. This, of course, would be an addition to any
insurance "buy out" offered other Department Heads.
RECOMM.~NDEDACTION
Move to authorize an increase in the annual salary of the Community
Development Director in the amount of $2,370 effective April 1, 1992.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST FOR EXTENSION OF SITE
PLAN APPROVAL FOR SEBASTIAN
DEVELOPMENT PROJECT
Approved For Submittal By:
City Manager _~~'~
) Agenda Number:
)
) Dept. Origin: Community Devgl..opment
) (nc)ff~
) Date Submitted: O3/12/~2
)
) For Agenda Of: ~ O3.~..~5/92 ......
)
) Exhibits:
) Letter dated 2/27/92 from David
) Fisher
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
At its regular meeting of March 21, 1991, the Planning and Zoning
Commission approved the site plan for Sebastian Development Project, Phase
I for David Fisher. This project is located immediately north of the City
Hall Complex and due to Mr. Fisher's inability to obtain adequate
financing, Mr. Fisher is requesting a time extension for 12 months for his
site plan. Pursuant to Section 2OA-10.5 of the Land Development Code,
extensions may be made by the City Council at its discretion.
Staff has reviewed Mr. Fisher's site plan and found it to be still in
compliance with the Land Development Code therefore, staff recommends
approval of the time extension for 12 months.
RECOMMENDED ACTION
Move to approve the time extension for Sebastian Development Project.
Phase I until March 21, 1993.
SEBASTIAN DEVELOPMENT PROJECT, INC.
SEBASTIAN, FLORIDA
27 February 1992
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
REQUEST FOR EXTENSION OF SITE PLAN APPROVAL
FOR SEBASTIAN DEVELOPMENT PROJECT, PHASE i
Dear Bruce,
Pursuant to your advice and Section 20A-10.5 of the City's
Land Development .Code, this is to formally request an
extension of the existing site plan approval for the subject
project.
As you know, we have not yet broken ground for the project.
This is because we have been unable to obtain adequate
financing.
Nonetheless, our plans remain to build the project and we are
actively working toward that end.
We therefore respectfully request an extension for the site
plan approval for the project which was granted in March,
1991.
Attached is a check made out to the City of Sebastian in the
amount of $175.00 which, I am advised, is the requisite fee
for this particular extension.
Thank you for your consideration. I will be pleased to
provide whatever additional information you may require in
the matter.
Very truly yours,
David W. Fisher
Attachment: Check to the City of Sebastian for $1 75.00
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Golf Course Clubhouse
Expansion Project
Approved for Submittal By:
City Manager ~
)
) Dept. Origin Golf Course (JD)
)
) Date Submitted: 03--18-92
)
) For Agenda Of 03-25-92
)
) Exhibits: Projection of Construction
) Costs and Funds Available
)
Expenditure Amount Appropriation
Required: Est. $341,260 Budgeted: 4)- Required: $341,260
SUMMARY STA~MENT
The attached schedule projects total construction costs to approximate $341,260 to
include Contractor costs, architects fees, sewer impact fees, addition of a 50 space
parking lot, traffic impact fees, and various landscaping and driveway improvements.
Analysis of sources of funds indicate more than sufficient cash is available to defray all
projected construction costs.
,~ECOMMENDED ACTION
Approve golf course renovation project and direct staff to proceed with required
administrative activity to effect bidding and procurement of required services.
Golf Course Clubhouse
Expansion Project
Projection of Construction Costs and Available Funds
Estimated Construction Costs:
Building construction and architects fees
Sewer impact fees
50 Space Parking lot ($680 per space)
Traffic Impact fee ($481 per space)
Site improvements: Landscaping
Driveway improvements
$250,000
$23,210
$34,O0O
$24,050
$6,000
$4,000
Estimated construction Costs
$341,260I
Analysis of Funds Available:
Cash in State Board of Administration- Golf Course Construction
Cash in State Board of Administration- Golf course other
Less:
Reserves for operations and maintenance
Reserves for renewal and replacement
Available unencumbered
$413,396
($149,524)
($49,119)
$238,000
$214,753
Funds available for the project
$452,7531
Page 1
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Contaminated Soil
Central Garage
Location
Approved for Submittal By-
City Manager
) Agenda No.
)
) Dept. Origin
Date Submitted
) For Agenda of 03-25-92
)
) Exhibits: City Engineer
) Memo dated 3-17-92 &
Envirx Inc report 3-16-92
N~dkins_~ema_Dated_3Z12Z~2_
AMOUNT APPROPRIATION
BUDGETED: REQUIRED:
EXPENDITURE
REQUIRED-
03- ~
SUMMARY
The City of Sebastian's environmental consultant, Envirx,
has prepared a report recon~ending proposed disposal of
the contaminated soil at the City Garage. Their report
addressed three different options acceptable by FDER:
incineration? land filling and land farming. Their
report reco~ends incineration for $63.170 because it
presents less liability exposure to the City of
Sebastian.
RECOMMENDED ACTION
To direct staff to solicit bids from qualified
contaminated soil disposal companies to remove the
contaminated soil from the City Garage site and have it
disposed in a legal manner.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
TO:
FROM
RE'
March 17, 1992
Robert S. McClary
City Manager
Daniel C. Eckis, P.E~
City Engineer/Public Works Director
Soil contamination - City Garage Vehicle
Maintenance Area
The City's environmental consultant, Envirx has prepared a
report recommending a remedial action plan for the
contaminated soil at the Central City Garage, a copy of which
is enclosed for your review. Their report identified three
acceptable methods for disposal as approved by FDER. The
three options are as follows:
1) Incineration
2) Land Filling
3) Land Farming
Of the three options, they strongly recolmnend thermal
treatment ([incineration) which is estimated tc cost
approximately $63,170. as based on 770 CY of contaminated
soil. Their report indicates problems and hidden costs
that are associated with land filling and land farming.
Upon review of the report, it would be my reconunendation that.
the City consider the Thermal Treatment Process to incinerate
the existing soil at the site because there is less liability
with incineration and the additional cost is'. justified.
1o/
Typically,. under land filling, the major problem would be the
aocepvance of the material by the landfill operator and
should any deposited contaminated material be placed in a
land fill that is later required to be cleaned up the
EPA c .... ~,~ force the ~
c. eOastzan t.c) pay a percentage
the ~'leanup.~. ozmz~az, zy~' '~ ' for land far. mir~, treat'.ine'~ vhe soil
in a six inch layered depth over a plastic barrier runs a
potential risk of damaging of the barrier and the subsequent
release of contaminates int, o uncontaminated soil which could
PequJ. re additional clean up. Tes~in~ for the contaminated
soil would be a continuing process until it was determined
that the soil had reached aooep%able levels and the
uncertainty of the time t,o land farm could beoome
prohibitably expensive.
Therefore, it would be my reoommendationn ~o concur with
Envirx and have the soil removed from the site and
incinerated reducing all liability exposure to the City, or
as an alternate, hire a certified soil disposal company t, hat
would accept total liability to dispose of the contaminated
soil in a legal manne~' ........ if the '-c, ot would be ~.~,s'-o- than the.
cost of incineration.
ENVIRx
the prescript ion fvr t l~e environment
LETTER OF TRANSMITTAL
TO:
Mr. Dan Eckis, Engineering Department
City of Sebastian~ Florida
FROM: Joe Chaparro
DATE: March 16, 1992
RE: Report on Recommended IRA Soil Disposal Costs, Revision 1.
REMARKS:
Dear Dan,
As we discussed during our last telephone conversation this
morning, the referenced report has been revised. The revisions
are: 1). The cover page shows a "Revision & Re-issued" date of
March 16, 1991. 2). The Table of Contents has been revised to
include all Figur.es. 3). Pages 1, 2, 5 and 7 have been corrected or
revised to ensure clarity. 4). Figure 5, "IRA Soil OVA Analysis
Tabulation" has been added. Because of these changes, the revised
document is hereby resubmitted to your office.
Figure 4 will remain unchanged as it shows that each OVA soil
sample displayed in Figure 5 is a composite soil sample taken from
different depths in a given soil pile. For example and on Figure
4, soil sample number one of soil pile number two is a composite of
soil samples taken at a 0 to 2-ft depth, 2-ft to 4-ft depth, and
4-ft to 6-ft depth.
On Figure 5, soil sample one of Soil Pile number two displays the
OVA test results ( 0 ppm ) and summarizes the pertinent olfactory
detection results.
Next item: Should all laboratory analytical work show all three
stockpiles of IRA soil to be "clean" (as defined by the regulatory
agencies), the City may "dispose" of the IRA soil by placement on
its "parent" area at relatively little disposal cost.
Of course, HRS and the FDER will need to give their prior approval
before such disposal can be performed.
Since the IRA soil was believed to be primarily contaminated by
leaded gasoline and to an unknown extent by diesel fuel, and given
the length of time the three IRA soil piles have been stockpiled,
it is difficult to say with any. certainty at this time that an
~NVIRxLTD, 3800N. 29AVENUEHOLLYWOOD, FLORIDA33020
BROWARD(305) 920-2242DAOE(305)930-1234F^X(305)920-9680TOLL-FREE1-800-68-TOXIC
Pa~e 2 - ~h~rch 16, 1992
Letter o.f Transmittai
City of ~ebastian
C k t?' o'~ Sebastian .Maintenance Garage
ENV,rRx, LTD., Pro..iect No. VG 0200
in-.~itu soil disposal will be ultimately authorized. Only lab work
wi.Il be able .to tell us ho,~ we must dispose of this soll.
Item three: Following this morning's project management meeting,
I am scheduled to attend your 3/25/92, ? pm, city meeting. Also,
i'll attempt to arrive in the afternoon on that day so that we can
discuss any last minute item prior to the meeting.
A hard copy accompanies this Letter of Transmittal which is also to
be faxed to your office this date.
Please call if ~OU have additional q~estions ox comments. ERx is
very anxious to ensure that this environmental project is
completely and satisfactorily concluded.
Cordially,
Joe W. Chaparro
Environmental Engineer
JC/jc
cc: Steve Holmes, V.P.
file
REPORT
IRA SOIL
ON RECOMMENDED
DISPOSAL COSTS
SUBMITTED TO:
Mr. Dan Eckis
Engineering Department
City of Seb&sti~u~, FL
ENVIRx, LTD. PROJECT NO: VG0200
MARCH 14, 1992
Revised and Re-issued
March 16, 1992
Prepared By:
Joe W. Chaparro
ENVIRx, LTD.
3800 North 29th Avenue
Hollywood, Florida 33020
(305)920-2242
~'larch [°~,,., 1992 (Rev.: 3/16/92)
Cit.v of Sebastian
City of Sebastian Maintenance Garage
ENVIRx LTD. Project No. VG0200
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 SOIL REMEDIATION OPTIONS
2.1 Background
2.2 IRA Soil Disposal Options
2.2.1 Landfill
2.2.2 Land Farming
2.2.3 Thermal Treatment (Incineration)
3.0 REQUIRED SAMPLING AND LABORATORY ANALYSIS
3.1 IRA oVA Sampling
3.2 Prethermal Treatment'Sampling
3.3 Sampling Required
4.0 ESTIMATED COST OF SOIL REMOVAL, T & D
4.1 Estimated Transport and Disposal Cost
4.2 Total Estimated IRA Soil Disposal Cost
5.0 RECOMMENDATIONS ~
LIST OF FIGURES
FIGURE
!
2
3
4
PAGE MUMBER
1
1
1
2
2
3
4
5
5
5
6
7
7
7
7
DESCRIPTION
Site Location Map
Site Plan
OVA Soil SAmpling Locations
IRA Excavated Soil Sampling, Olfactory Only
IRA Soil OVA Analysis Tabulation
Pa~e [ - March 12. 1992 Irev.l: 3/16/92)
City of Sebastian
City of Sebastian Maintenance Garage
ENVIRx, Ltd. Project No. VG-0200.
1.0 INTRODUCTION
1.1 The following is m brief report.on ERx recommended Initial
Remediation Action (IRA) soil remediation. The report is written
for an audience who might not be familiar with typical engineering
and other technical terms, Met who are faced with making financial
and administrmtive decisions based on very complex and technical
information.
This report deals with disposal of the gasoline and/or diesel
contaminated soil excavated from the cities' maintenance shop
compound and which is currently stockpiled near that facility.
Compelling regulatory and liability factors which make soil
incineration the most viable method of disposal in this case are
discussed. Other soil disposal techniques such as land farming and
landfilling are also examined,
Estimated costs based on a firm quotation for soil incineration are
presented. Supplemental analytical data is displayed in an attached
table along with various maps (please refer to Figures 1 - 3).
Those maps also show where each soil sample was taken and the
subsequent analytical results.
2.0 SOIL REMEDIATION (DISPOSAL) OPTIONS
2.1 Background: The background of how the excavated soil came to
be stockpiled for disposal begins with the removal of two
underground fuel storage tanks located at the City of Sebastian
maintenance garage. Following the fuel tank removals, about ??0
cubic yards of fuel contaminated soil was also removed and stored
in compliance with the requirements of the Florida Department of
Environmental Regulation (F.D.E.R.i. The quantity of excavated
contaminated soil was based on field testing per,formed by a Flame
Ionization Detector (FID). An FID is an electronic instrument or
"sniffer" which is capable of detecting and measuring certain
"fumes" or volatile gases typically found in gasol£ne and diesel
fuel contaminated soils. Throughout the environmental remediation
industry, the instrument is most often referred to as an "OVA",
ie., "Organic Vapor Analyzer," and during the rest of this report,
the unit will be referred to as an "OVA".
There are OVA threshold values, detected and measured in parts per
million, which the F.D.E.R. says classifies an IRA soil as either
"non-excessively contaminated" or "excessively contaminated"
depending on the fuel contaminant. In this instance, the initial
and subsequent OVA sampling resulted in a classification of "non-
excessive" and therefore, the excavated soil is stored as it is
today.
Page 2 - March I2. 1992 (rev.: 3116192)
City of Sebastian
City of Sebastian Maintenance Garage
ENVIRx, Ltd. Project No. VG-0200.
Earlier and recently, ER~ took several samples from the three
stockpiles of IRA soil and then analyzed the samples using the OVA.
The results of that testing was encouraging in that disposal of the
stockpiled IRA soil appeared to be r~latively favorable in terms
of cost, time and liabilities.
Please refer to Figures 4 & 5 for the results of the "OVA" field
analysis. Figure 2 is a site map of the facility and Figure 3
displays the three piles of contaminated IRA soil and the OVA
sample points.
2.2 IRA SOIL DISPOSAL OPTIONS: Unless prior written approval ha's
been obtained from the F.D.E.R., soil excavation and incineration,
landfilling or land farming, are the only allowable soil
remediation options during an IRA. Other remedial measures such as
vacuum extraction or bioremediation (use of bacteria to convert
certain soil contaminating petroleum products to harmless
substances) require comprehensive design efforts which must be set
forth in a formal Remediation Action Plan (RAP). The F.D.E.R. then
will review the RAP for intent, content and regulatory compliance.
The F.D.E.R. has encouraged stockpiling contaminated, but not
excessively contaminated, soils for the greatest extent possible
during the IRA. However, there are inherent problems of preventing
wind and rain from spreading existing contamination in the
stockpiled soil to the nearby soil and groundwater. There are also
liabilities stemming from wind-borne contaminated dust particles
and the potential of exposure to toxic vapors by the unwary.
Children playing on stockpiled contaminated soil during a weekend
is a typical example of a contamination exposure event which occurs
more often than is realized by many...
Generally, the F.D.E.R. does not allow replacemept of treated soil
to its original site without approval. In this case, the
excavated soil was stockpiled as part of an IRA and cannot be
returned to the site until treatment has been performed. Further,
it has to have been proven that: 1. The'site has been cleaned up to
the F.D.E.R.'s satisfaction, and 2. The treated soil meets certain
regulatory criteria.
2.2.1 Landfilling: The F.D.E.R. advises us that landfilling of
soil which is not hazardous or saturated can be deposited in a
lined landfill with acceptance being at the discretion of the
landfill operator. Additionally, there is an increased emphasis
for anybody identified by the EPA as having deposited contaminated
materials in a landfill to pay a percentage of any cleanup at that
landfill. Such potential liability alone rules out landfilling the
IRA soil as an option for the City of Sebastian.
Pa~e :] - ?Jarch 12. 1992 City of Sebastian
City of Sebastian Maintenance Garage
ENVIRx, Ltd. Project No. VG-0200.
Z.2.2 Land farming: The process involves spreading the fuel
contaminated soil in a 'thin layer over an impermeable liner or
surface. The contaminant reduction is caused by a combination or
volatilization (evaporation), biodegradation (bacterial action
mentioned earlier) and photodegradation (the ultraviolet rays in
sunshine can cause favorable chemical changes to occur in certain
petroleum fuel based contaminants).
The problems with land farming are not so great that it is not
considered a viable alternative to other remediation options. ERx
has carefully examined this option and presents the following
information.
To land farm, these conditions must be met according to the
F.D.E.R.:
NOTE: Assume that the estimated volume of soil desired to be land
farmed is 770 cubic yards and that for maximum effect, the soil is
spread out into a 6-inch thick layer. Such an area would then be
39-ft by 39-ft, just enough space to almost accommodate four 2-car
garages for example.
1. Safety measures, including warning signs and 6-ft high security
chain link fencing must be installed. A locking gate is also
required in order to allow access to the soil by tilling equipment.
2. The area where the soil is to be located must be the same area
as the source of the contaminated soil.
3. The land farm operation must be at least 200 feet from the
nearest residence or public gathering area such as a school or
park.
4. The area must be covered with an impermeable barrier. A typical
impermeable barrier is a black plastic sheet which is at least 10
mils thick. Unfortunately, 10-mil thick and stronger plastic
sheeting tears easily whenever tilling equipment performs its work
on the contaminated soil. Rainwater will flow into the soil, pick
up various contaminants and then flow through any holes poked into
or torn in the plastic sheeting. The contaminated water fl~w then
travels into the soil underneath the sheeting. The end result is
more soil becomes contaminated and the remediation expense grows
larger.
A reasonably ideal impermeable barrier is a concrete slab which has
concrete curbing and which has been sealed with a chemical
resistant epoxy paint. It can safely carry the weight of the soil
and the tilling equipment, and maintain its permeability.
Page 4 - ?larch .[2, 1992 City of Sebastian
City of Sebastian Maintenance Garage
ENVIRx, Ltd. Project No. VG-0200.
5. Surface ~ater controls, including a plastic covered berm, must
be provided to prevent water flowing on the ground from streaming
into the land farm soil. In theory, the berms also prevent
contaminated water from flowing off the contained area onto clean
soil.
Consider what happens when a flower pot sitting on a saucer is
given too much water. Muddy water flows over the edge of the
saucer and makes a mess. In a typical local heavy rain lasting
about an hour or more, a 4 to 6-inch high berm surrounding
contaminated soil can overflow with contaminated rain water onto
the adjacent soil. The reason why the temporary earth berms are
easily breached? People often step on the top of a temporary berm
when approaching the land farm soil and thus form an egress for
water. And usually when tilling equipment is driven across a
temporary berm, additional egresses are created by its tires.
6. The contaminated soil must be tilled once every one to two
weeks. This minimum requirement can be a logistics problem for an
area that is considered by some to be too big to manually till and
too small for most tilling equipment. The garden type engine
driven tillers.do a great job in a garden, but because they can't
be precisely controlled in terms of depth, they also usually blend
the plastic sheeting in with the soil.
7. A monitoring program must be established to evaluate the
effectiveness of this program. The monitor well(s), ground water
and soil analysis parameters, the frequency of sampling and the
attendant operating costs represent a long term risk management
program for the given quantity of soil.
8. (FDER): "The soil must not be saturated with product". ERx: No
problem in this case...
9. (FDER): "The soil must not be returned to the excavation until
the soil meets a variety of regulatory conditions." ERx: The
excavation has already been backfilled under the IRA.
2.3 Vacuum Extraction and bioremediation: these are far too costly
and time consuming to consider for the quantity and type of IRA
soil being discussed here.
2.2.3 Thermal treatment (incineration): This is the preferred
method of disposal of the IRA soil. The soil is analyzed and upon
acceptance by the transport/disposer, it is promptly removed and
thermally treated to meet regulatory standards. The soil is then
deposited using federal and state approved protocols.
Paae 5 - Harch 12, 1992 (rex,.: 3/16/921 City of Sebastian
City of Sebastian Maintenance Garage
ENVIRx, Ltd. Project No. VG-0200.
The thermal treatment advantages include:
1). There are no short or long term city manpower or equipment
commi'tments to make.
2). There is no threat of additional soil contamination from rain
fall polluted by exposed IRA soil.
3). And the total removal, transport and disposal cost is
attractive in this case when compared to other options.
3.0 REQUIRED SAMPLING & LAB ANALYSIS
3.1 IRA OVA Sampling: The IRA OVA work has been completed and the
results are compiled in the ERx Contaminant Assessment Report (CAR)
dated 2/18/92, and a second OVA sample and analysis event is
summarized in Figures 4 and § of this cost estimate,
3.2 Pre-thermal Treatment Sampling: As of March 11, 1991, the
F.D.E.R. tells us that soils which are slated for thermal treatment
(incineration) must be analyzed for:
F.D,E.R.
EPA METHOD NO.
PARAMETER
A. 418.1
TOTAL RECOVERABLE PETROLEUM
HYDROCARBONS
B. 8020
TOTAL VOLATILE AROMATICS
C. TOTAL METALS
ARSENIC, BARIUM, CADMIUM,
CHROMIUM, LEAD, MERCURY,
SELENIUM AND SILVER.
In addition to the above minimum lab analysis work required by the
F.D.E.R., the ERx recommended contaminated soil transporter and
disposer also requires the following analytical work.
TCLP METALS
(SAME LIST OF METALS GIVEN
ABOVE IN "TOTAL METALS".)
Items "A" and "B" are used to detect and measure certain
constituents typically found in soil contaminated by gasoline and
the "kerosene group" which includes diesel fuel.
Item "C", TOTAL METALS, is one of three types of metal analysis. A
total metal analysis determines the total amount of a particular
metal found in a sample.
Page 6 - March 12, 1992 City of Sebastian
City of Sebastian Maintenance Garage
ENVIRx, Ltd. Project No. VG-0200.
The second type of metal analysis is Item "D", TCLP METALS, which
translates into. "TOXICITY CHARACTERISTIC LEACHABLE PROCEDURE". It
sounds complicated, but TCLP METALS analysis is simply a
theoretical simulation of ground water.contamination resulting from
disposing of a sample via landfill, the theory being that rain
water will leach metals from the sample and eventually migrate into
the ground water. Most environmental people like this particular
test method and "Total Metals" because of both test's greater
degrees of accuracy when compared to other metal content testing
methods.
The third type of metal analysis is called, "dissolved metals" and
has no application in this case.
3.3 Number of samples required: ERx recommends the following
number, type and procedure for sampling the existing three piles:
EPA METHOD
DESCRIPTION REMARKS UNiT COST
418.1 TRPH
8020
Volatile Aromatic
Total Metals (Soil)
TCLP Metals
(Soil)
Sample Cost is equal to:
1 Sample per pile,
non-composite, 2-ft
depth, ctrd:top-bot.
$112.50
2 ea., 40 ml vials/sample
point, no head space,
composite, two depths,
1 sample point/pile. $150
500 ml plastic, no ice
composite, two depths,
1 samplefpile.
$345
500 ml plastip, no ice
composite, two depths,
1 sample/pile.
$480
($112.5 x 3) + ($150 x 3) + ($345 x 3) + ($480 x 3) = $ 3262.50
Sampling Manhours and Monitoring Loading by T & D Contractor:
Field Technician: 8 mh x $45/hr = $360
Quality Assurance: 1 mh x $?5/hr = $ 75
Field Engineer: 1 mh x $75/hr = $ ?5
Estimated Personnel Manhours: $510
Page 7 - March I2. 1992 City of Sebastian
City of Sebastian Maintenance Garage
ENVIRx, Ltd. Project No. VG-0200.
4.0 ESTIMATED COST OF SOIL REMOVAL, TRANSPORT AND DISPOSAL:
4.1 Estimated Transport and Disposal Cost (T&D): The estimated cost
for loading, transporting and disposal by thermal treatment
(incineration) is S58/ton.
Assume that an estimated ?70 cubic yards of contaminated soil is
involved.
770 CY x a volume-to-weight conversion factor of 1.33 : 1024.1 tons
to be disposed of.
1024.1 x $58/ton = an estimated T & D cost of $ 59,397.80.
4.2 Total Estimated IRA Soil Disposal Cost: Don't for get to add
the sample costs · $3262.50 and the estimated ERx sampling and
T & D monitoring manhours · $510.
Thus, the estimated total IRA contaminated soil disposal cost
(based on the classification of the contaminated soil remaining as
"non-excessive with no RCRA wastes") becomes:
SAMPLES: $ 3262.50
ERx MHRS: $ 510.00
T & D: $59,397.~80
ESTIMATED TOTAL: $63,170.30
Please note that typically, this type of an estimate varies in
accuracy due to many factors such as how wet the soil is, stone
content, how loosely packed the soil piles are and so on. Also,
substantial changes in cost estimates can occur if RCRA listed or
defined hazardous waste substances are discovered in the soil.
5.0 RECOMMENDATIONS
5.1 Because of liabilities involved with personnel safety,
potential contamination of clean soil by stockpiled soil, and the
classification of the IRA soil as non-excessive contaminated soil,
it is recommended that the above described soil disposal sampling
events be performed. Following favorable laboratory analytical
results of the sampling activity, it is further recommended that
ERx promptly proceed with the transport and disposal of that soil.
Such disposal will allow the next step of the site cleanup to move
forward without the problems associated with on-site, aging
contaminated soils.
LOCAT [ ON
MAP~i'~
NOT TO SCALE
CITY OF SEBASTIAN Iz,,~2;s?
PU~.~c woa.s co~,ou~ E N V ! R x ~u~~
EXCaVaTED SOIL S~MPLING
_~ FI N_~ A'¢ . ~ iV~' l $1FlO'7
SOIL S,~tvlPLE ~
$,41~fPLE DEPTH
0'-~' ~'-4' 4'-6' N
.VO ODOR NO ODOR NO ODOR
I
I
SOIL S~PL~ ~
I
7
8 .~
S~J~PI~ DEPTH
ODOR ODOR ODOR
· ODOR ODOR ODOR
NO ODOR NO ODOR NO ODOR
~L NO ODOR NO ODOR
,., ODOR ODOR,,.j
SOIL S~IPLE N~o.
I
3
4
7
SAI~IPLE DEPTH
ODOR
NO ODOR
ODOR
NO ODOR
ODOR
ODOR
NO ODOR
ODOR
ODOR
NO ODOR
ODOR
NO ODOR
ODOR
ODOR
ODOR
ODOR
ODOR
NO ODOR
ODOR
~I0 ODOR
ODOR
NO ODOR
ODOR
ODOR
CITY OF SEBASTIAN 3/~2/92
PUBL]C WORKS COMPOUND E N V i R x F ~GuR~
SEBASTIAN - FLORIDA the prescription for the environ,,mit ~
EXCAVATED SOIL SAMPL[NO
~0000000
00000000
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MEMORANDUM
FROM: Michael L. Hudkins, Finance Director
DATE:
March 17, 1992
SUBJECT:
Capitalization of contaminated soil clean up costs
The Capital Projects budget includes $58,000 to remove contaminated soil at the
Central Garage. Originally, the soil clean-up was a part of a larger project to upgrade
· the City's fuel storage and dispensing area. However, the city council last year decided
not to install new fuel tanks. Therefore, since the soil clean-up is not a part of a capital
project, the costs are no longer eligible for capital projects funds. The Capital Projects
Fund is funded by the one cent county option sales tax and the use of the monies are
restricted by state law. The clean-up costs will be taken from unappropriated General
Fund reserves. There are sufficient funds in reserves to cover this expenditure.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT= Golf Course Pro-Shop
Renovation
Approved For Submlttal By:
city Manager~~~___~
Dept. of Origin: City Manager
Date Submitted= 03/19/92
For Agenda Of: 03/25/92
Exhibits:
- McClary Letter Dated 3/19/92
- Hudkins Memo Dated 3/16/92
- DeLarme Memo Dated 3/17/92
- PGA Report (page #16)
Dated 10/13/91
- Two Brodie Letters Dated 3/13/92
- Jones Letter Dated 1/22/92
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY, STaTEMENT
On February 12, 1992, the City Council authorized an engagement of
Robert T. Brodie, A.i.A., d/b/a The Village Architects, P.A. The
engagement was for approximately $1,600 to provide design services
for the renovation of the Pro Shop at the Municipal Golf Course.
The result of that action was to sign a twenty-four (24) page
contract with The Village Architects, P.A. for these services.
Recently, Mr. Brodie has submitted a proposed budget and request for
additional services under his contract. I believe that Mr. Brodie's
concept of the project is significantly different than that
contemplated by the PGA Report and as contemplated by staff. I
believe it would be in the best interest of the city to terminate
our contract with The Village Architects, P.A. and to engage another
local architect for this project. I have called Peter Jones who has
agreed to honor his proposal of January 22, 1992 in the amount
of $1,940.
RECOMMENDED ACTION
Move to exercise the City's option to terminate the contract with
The Village Architects, P.A. and to authorize the engagement of
Peter W. Jones, A.I.A. for design services for the renovation of the
Golf Course Pro Shop in the amount of $1,940.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
March 19, 1992
Via Fa~
Mr. Robert T. Brodie, A.I.A.
The Village Architects, P.A.
10753 Highway ~1
Sebastian, FL 32958
Re: Pro Shop Renovation
Dear Robert:
I have carefully reviewed your two (2) letters dated March 13, 1992.
One letter recommends a project budget of $70,000 for the renovation
of the Golf Facility Pro Shop. The second letter requests three
open - ended authorizations for additional services for you. My
conclusion is that we should terminate your involvement in the
project.
The project is to be a renovation of the Pro-Shop and Offices within
an existing 666 square foot space. The scope of work was outlined
in the PGA "Golf Operations Evaluations" report dated October 15,
1991. Your estimate of $70,000 for this renovation indicates that
you have a totally different concept of what is to be accomplished.
The $70,000 estimate represents $105 a square foot for renovation
costs. This is higher than the cost of the City's new police
station and is considerably higher than the construction of the
original building, which totaled, only $128,000 for the entire
building. I cannot imagine that the renovation costs should exceed
$30 per foot or some $20,000 for the complete project.
I recommended your engagement for this project based upon your
proposal and qualifications. I respect the fact that you solicited
work from the City of Sebastian since we prefer to work with local
vendors and professionals for City projects. However, what began as
a very simple project has evolved into something complex and
expensive. It is apparent that I and other staff are not
communicating with you to get the job done. Therefore, I am
recommending to the City Council, at its up coming meeting of March
25, 1992, to exercise the City's option in the contract to terminate
your services. Until the City Council Meeting, I ask you not to
expend additional time on the project.
Sincerely,
Robert S. Mc
city Manager
RSM/jmt
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MEMORANDUM
TO:
FROM:
Robert S. McClary, City Manager
Michael L. Hudkins, Finance Director
DATE:
March 16, 1992
SUBJECT: Contract with Village Architects (Brodie)
The termination clauses are contained within Article 8 of the contract with Village
Architects, which states: Article 8, paragraph 8.1, "This agreement may be terminated
by either party upon not less than seven days written notice should the other party fail
substantially to perform in accordance with the terms of this agreement through no fault
of the party initiating the termination." Paragraph 8.7 - "In the event of termination not
the fault of the architect, the architect shall be compensated for services performed
prior to termination, together with reimbursable expenses then due.."
Given this, it appears we could terminate the contract with seven days notice but we
must pay for any time and out of pocket costs expended prior to the termination. Mr.
Brodie's insistence on authorizing additional services coupled with his estimate of a
renovation in excess of $105 per square foot leads me to believe he is not at all in tune
with the needs of a municipal golf facility. Additionally, it appears to belie his original
estimate of $1,600 and, I suspect, substantially more.
I suggest we have done everything we could possibly do to try to do business with
Village Architects but the firm, no matter how artistic, is not responsive to our needs.
I suggest we terminate the agreement and seek alternative solutions.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
March 17, 1992
Robb McClary, City Mana~
Jim DeLarme, Pro/Man
Brodie Pro Shop RenovaB~ion
I am in receipt of Mr. Brodie's estimate of the Pro Shop
renovations. A copy of this estimate has already been
forwarded to you, prior this memo.
The figure of $70,000.00 was given by Mr. Brodle for a
budget amount for this project.
I feel that this figure is entirely too high. In my initial
talks with Mr. Brodie, before any drawings were made, I
indicated to him that an approximate budget amount would be
between $20,000.00 and $25,000.00, based on informal
discussions with you.
I like the design but I believe it exceeds the initial con-
cept as outlined in the P.G.A. consultants report.
Mr. Brodie does not seem to be in touch with the P.G.A. con-
cept and a realistic budget for the project.
I suggest that another architect' might better serve our
purposes.
Sebastian Golf Facility Evaluation
Page 16
Table 10
Golf Shop Gross Revenues 1990-1991
1989-90 1990-91
Item Actua! Actual
Total Sales $62,725 $62,464
Golf Balls 17,991 15,168
Golf Clubs 4,469 4,765
Bags and Accesories 4,487 4,019
Men's Soft Goods 8,602 9.437
Ladies Soft Goods 7,623 8,691
Gloves 8,026 8,772
Shoes 6,736 6,724
Hats 3,639 3,707
Miscellaneous 1,152 1,181
Summary of Sales
Hard Goods 26,947 23,952
Soft Goods 35,778 38,512
Percent Distribution
Total Sales 100.0~ 100.0~
Hard Goods 43.0~ 38.3%
Soft Goods 57.0% 61.7%
Sales per Start
Total Starts 77,152 73,769
Total Sales $0.81 $0.85
Hard Goods $0.35 $0.32
Soft Goods $0.46 $0.52
SOuRCE'City of ~eb~stian
Recommendations
The goff shop should be considered for renovation. When this is done, the counter should
be situated so as to have the manager's office directly off of the counter area, so that
customer transactions can be witnessed and be within earshot. Also, the counter and the
traffic pattern should guide the clientele through the golf shop to purchase their fees and
exit the golf shop through the merchandise.
The price board should be moved to the open wall behind the service counter. The wall
which the price board currently occupies is an excellent location for merchandise display,
and should be so utilized. Slatwall should be incorporated in the goff shop. Slatwall
provides many display options. If in the future, when the golf shop is remodeled, slatwall
can be utilized in lieu of dry wall. The studs are simply covered with slatwall as the final
finishing material.
THE VILLAGE ARCHITECTS P.A.
March 13, 1992
Mr, James F. DeLarme, Manager
Sebastian Municipal Golf Course
101 East Airport Drive
Sebastian, Florida 32958
RE: RENOVATION OF SEBASTIAN GOLF FACILITY'S PRO SHOP.
Dear Jim:
My calculations show that the City should plan on $70,000.00 as a Total Budget
for the Golf Facility Pro Shop Design, dated 3/9/92. (I think it could come
in lower, but it would be safer to budget this amount.) As mentionned before,
the CABINETRY and LIGHTING costs will be the major expense items, and are
listed below:
CABINETRY:
$37,000.00
(NOTE: This cost estimation was based on the CUBIC
FOOTAGE OF CABINETRY, and no~t on the unique shapes
involved: thus the cost would remain constant for
any style cabinetry with equal CUBIC FOOTAGE; the
cost includes the graphic signage in the Main
Hallway, as well as over the Sales Counter. The
cost estimation also assumes that comp)ere
construction details have been supplied by the
designer, so that time wasted in understanding the
Project is minimized for the cabinetry contractor.)
LIGHTING:
$15,000.00
(NOTE: This cost estimation was based on the total
purchase and installation of fixtures, wire,
conduit, switchplates, and receptacles; it does
not include cost of power back to the panel, or any
work involving the panel. [The panel serves the
entire building, yet is inadequate for the Pro Shop
Design: should the City have future plans to
renovate the entire Clubhouse, this panel should
perhaps be relocated now to a more accessible area
in order to avoid disrupting the newly remodeled
Pro Shop.] The cost assumes the use of low-voltage
lighting in the merchandise areas, because of its
relative coolness for protection of proximal
clothing - plus its relative smallness for use in
tight spaces. It also assumes regular voltage
lighting for other less critical merchandise areas.
This cost estimation could be reduced to the extent
that fluorescent lighting would be used in the
Administrative Office areas.)
I hope this helps the City in its deliberations.
Most~_%incerely yours,
10753 HIGHWAY ONE, SEBASTIAN, FLORIDA 32958 FAX407-589-2134 / 407-589-4468
THE VILLAGE ARCHITECTS P.A.
Mr. James F. DeLarme, Manager
Sebastian Municipal Golf Course
1Of East Airport Drive
Sebastian, Florida 32958
March 13, 1992
RE: RENOVATION OF SEBASTIAN GOLF FACILITY'S PRO SHOP.
Dear Jim:
As previously discussed, I am requesting instatement of ADDITIONAL SERVICES to
allow my involvement with a Lighting Consultant, as well as with Palm Aire &
Electric, and with a City "Computer" Staffperson.
Furthermore, because of this custom design's unusual cabinetry (as well as the
creative use of various sections within the cabinetry itself), I am also
requesting instateient of ADDITIONAL SERVICES to supply all needed sections
and details so that the design can be fully explained to the custom Casework
Contractors needing adequate sections and details for bidding.
(By way of explanation, a respected custom cabinetry
contractor has informed me that HE WOULD NOT GIVE A FINAL
BiD ON A CUSTOM JOB AS THIS, without first receivin~ a
full set of plans that contained all sections and details
describing what's really involved.
Furthermore, he informed me that he has learned from
experience that it's not worth his time to get involved
with a custom project where the desiqner has not also
been hired for supervision of the entire cabinetry
~.onstrA~tion/installation ~rocess, and would therefore
refuse to take on the job if he was expected to also deal
with the owner during the construction/installation phase
of the Project.)
Therefore, I am also requesting instateient of ADDITIONAL SERVICES to allow my
going beyond the initial contract's 3 hours of supervision, so that I iay
adequately supervise the entire construction and installation process for
Casework.
Please find enclosed the ADDITIONAL SERVICE AUTHORIZATION FORMS for (Il
TVAPA's involvement with Consultant co-ordination, (2) TVAPA's involvement
with Section and Detail Drawings for Casework, and (3) TVAPA's involvement
beyond the 3 initial contractual hours for supervising the construction and
installation of Casework.
Should there be any question concerning any of the above, please do not
hesitate to call...
Most~sincerely yours,
]0753 HIGHWAY ONE, SEBASTIAN, FLORIDA 32958 FAX407-589-2134 / 407-589-4468
Date: March 13, 1992
To: Robert Brodie
The Village Architects P.A. (TVAPA)
10753 U.S. Highway One
Sebastian, Florida 32958
From: Robb McClary, City Manager
City Hail
Post Office Box 780127
Sebastian, Florida 32978
Re: Agreement Between Owner and Architect
TVAPAIDO192A, dated February 26, 1992.
This is to inform your office that I am authorizing OPTIONAL ADDITIONAL
SERVICE described in Subparagraphs 3.5.9 and 3.5.10 (Page I01, Subparagraph
11.4.2 (Page 221, and Paragraph 12.19 (Page 24) of the above contract,
regarding the supplying of CO-ORDINATION SERVICES with the Owner's choice of
Interior Lighting, Hechanical, Electrical, and Computer Consultants.
I understand that this OPTIONAL ADDITIONAL SERVICE will be billed at the
applicable rates described on Page 21, Subparagraph ]1.4.1.
Signed:
Robb McClary
Date: March 13, 1992
To: Robert Brodie
The Village Architects P,A. (TVAPA)
10753 U.S. Highway One
Sebastian, Florida 32958
From: Robb McClary, City Manager
City Hall
Post Office Box 780127
Sebastian, Florida 32978
Re: Agreement Between Owner and Architect
TVAPAIDO192A, dated February 26, 1992.
This is to inform your office that I am authorizing CONTINGENT ADDITIONAL
SERVICE described on Page 23, Paragraph 12.10 of the above contract, regarding
the supplying of Sections and Details for the Project.
I understand that this CONTINGENT ADDITIONAL SERVICE will be billed at the
applicable rates described on Page 21, Subparagraph 11.4.1.
Signed:
Robb McClary
Date: March 13, 1992
To: Robert Brodie
The Village Architects P.A. (TVAPA)
10753 U,S. Highway One
Sebastian, Florida 32958
From: Robb McClary, City Manager
City Hall
Post Office Box 780127
Sebastian, Florida 32978
Re: Agreement Between Owner and Architect
TVAPAiDOlg2A, dated February 26, 1992.
This is to inform your office that i am authorizing CONTINGENT ADDITIONAL
SERVICE described on Page 24, Paragraph 12.1! of the above contract, regarding
the supplying of CONTRACT ADNINISTRATION for the Project De¥ond the initial
contractual three (3) hours for the purpose of supervising the construction
and installation of Casework.
I understand that this CONTINGENT ADDITIONAL SERVICE will be billed at the
applicable rates described on Page 21, Subparagraph 11.4.1.
Signed:
Robb McClary
Peter W. Jones
ARCHITECT
1627 U.S. Highway 1
Sebastian, Florida 32958
407/388-1983
January 22, 1992
Robert S. McClary, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: RENOVATION OF GOLF COURSE PRO SHOP
Dear Robb,
Pursuant to meeting and discussions with you and Jim DeLarme,
my review of the "Golf Operations Evaluation" document dated
15 October 1991, and in accordance with your request,
following is our considered proposal to provide architectural
services to effect the renovation of the Pro Shop at
Sebastian Municipal Golf Course.
The subject scope of work includes design development and
review with City staff, working drawings suitable for bidding
and/or construction purposes, and a certain amount of follow-
up and availabilty during the actual construction phase.
It is my understanding from our discussion(s) and our visit
to the facility that the following specific items are to be
addressed:
A)
Revise traffic flow through 'Pro Shop (from ehtrance to
exit) to allow greater visibility and exposure to
merchandise offered for sale there;
B)
C)
Situate service counter directly adjacent to Manager's
Office so Manager is within earshot of any transactions;
Relocate "price board" to wall directly behind new
service counter location and otherwise design wall space
for better use of wall(s) for display purposes;
D) Include "slatwall" feature(s) for display options; and
E)
Consider needs for merchandise storage and possible
future expansion of locker room facilities.
SEBASTIAN MUNICIPAL GOLF COURSE
. RENOVATION OF PRO SHOP
JANUARY 22, 1992
PAGE 2 OF 2
Fee for services for the above scope of work is Nineteen
Hundred and Forty Dollars ($1940). Any additional services
performed on this project beyond the above scope of work,
subject to the City's prior approval, will be performed for
an all-inclusive rate of $50 per hour plus any direct
reimbursables.
We are prepared to proceed with the subject work immediately
upon your approval.
Thank you for your consideration.
Very truly yours,
Peter W. Jones, A.I.A.
IN AGREEMENT:
Robert S. McClary, City Manager
For City of Sebastian
March 16, 1992
Kathryn M. O'Halloran, City Clerk
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Re -'
City Attorney Contract
Our File No. 89-3605
Dear Kay:
I have enclosed with this letter proposed Resolution No. R-92-20
and the proposed Second Amendment to Contractual Service Agreement
for the consideration of the City Council. Please have this placed
on the next City Council Agenda for their consideration.
Thank you for your assistance and cooperation in this regard.
Very truly yours,
~ALI~CE, NASH & TORpY,
Charles Ian Nash
city Attorney
PoAo
CIN/niz
Enclosures as stated
cc: Robert S. McClary, City Manager
w/copies of enclosures
RESOlUTiON NO.= R-92-20
A RESOLUTION OF THE CZTY OF ~EBASTIAN~ INDIAN RIVER
COUNTY~ FLORIDA, PERTAINING TO THE F~PLOYMENT OF A CITY
ATTORNEY~ PROVIDING AUTHORITY TOENTER INTO~NAMENDI~NT
TO THE EXISTING CONTI~CTUAL ~ERVICE AGREEN. SNT WITH
CHARLES IAN NABH FOR THE PURPOSES OF PROVIDING LEGAL
REPRESENTATION TO THE CITY~ PROVIDING FOR THE EXTENSION
OF THE EXISTING CONTP~CTUALSERVICE AGREEMENT BETWEEN THE
CITY AND CHARLES IAN ~H~ PROVIDING FOR AN INCREASE IN
THE HOURLY RATES CHARGED~ PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF HESOLUTIONS IN CONFLICT HEREWITH~
PROVIDING FOR SEVER~BILITY~ AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council and the current City Attorney are
desirous of amending their current Contractual Service Agreement
to provide for an extension thereof.
NOWv THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIANv INDIAN RIVER COUNTY, FLORIDA, that=
Section 1. AGREEMENT. The City Council of the City of
Sebastian, Indian River County, Florida, hereby agrees to enter
into the Second Amendment to Contractual Service Agreement with
Charles Ian Nash, a copy of which is identified as Exhibit "A" to
this Resolution and by this reference incorporated herein.
~. EXECUTION. The Mayor of the City of Sebastian
is hereby directed to excute the Second Amendment to Contractual
Service Agreement as agent for the City of Sebastian.
Section 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
section...~. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
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 Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
2
SECOND AM~_NDMENTTO CONTRACTUAL SERVICE A~REEMENT
This Second Amendment to Contractual Service Agreement
is made and entered into this day of ,
1992, between the City of Sebastian, Florida, a Florida municipal
corporation, whose principal office is located at 1225 Main Street,
Sebastian, Florida 32958 (hereinafter referred to as the "City"),
and Charles ian Nash, of the law firm of Frese, Fallace, Nash &
Torpy, P.A., whose principal office is located at 930 South Harbor
Florida 32901 (hereinafter
City Boulevard, Suite 505, Melbourne,
referred to as the "City Attorney").
1. In consideration of the covenants hereinafter
provided, the receipt and sufficiency of which are hereby
acknowledged, the City and the City Attorney hereby agree to amend
the certain Contractual Service Agreement entered into on the 26th
day of April, 1989, as amended pursuant to the First Amendment to
Contractual Service Agreement dated March 7, 1990, both said
agreements being between the City of Sebastian and Charles Ian
Nash, as follows:
2. Paragraph 9 of the certain. Contractual Service
Agreement entered into between the City and the City Attorney dated
April 26, 1989, and approved by the Resolution of the City Council
in Resolution No. R-89-21 adopted by the majority of the City
Council on April 26, 1989, as subsequently amended by the certain
First Amendment to Contractual Service Agreement dated March 7,
1990, is hereby further amended to extend the termination date of
such Contractual Service Agreement until the date of the first city
Council meeting in May, 1993, unless otherwise extended by mutual
agreement. In all other respects, the provisions of the original
Paragraph 9 shall remain in full force and effect.
3. Commencing April 1, 1992, the hourly rate shall be
$80.00 per hour for non-litigation matters and $100.00 per hour
for litigation matters.
4. In all other respects, the Contractual Service
Agreement entered into on the 26th day of April 1989, as amended
pursuant to the First Amendment to Contractual Service Agreement
dated March 7, 1990, between the City and the City Attorney, is
hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties to this SecondAmendment
to Contractual Service Agreement have set their hands and seals
hereto, on the day and year first above written.
"City"
CITY OF SEBASTIAN
Attest:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
"City Attorney"
Witnesses:
Charles Ian Nash
2
STATE OF FLORIDA )
) ss
COUNTY OF INDIAN RIVER )
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State aforesaid and in the County aforesaid,
to take acknowledgments, personally appeared LONNIE R. POWELL, the
Mayor of the City of Sebastian, to me known to be the person
described in and who executed the foregoing Second Amendment to
Contractual Service Agreement, in his capacity as the Mayor of the
City of Sebastian, and he acknowledged before me that he executed
the same. He is personally known to me and did not take an oath.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1992.
Notary Public
State of Florida at Large
My Commission Expires:
STATE OF FLORIDA )
) ss
COUNTY OF INDIAN RIVER )
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State aforesaid and in the County aforesaid,
to take acknowledgments, personally appeared CHARLES IAN NASH, to
me personally known to be the person described in and who executed
the foregoing Second Amendment to Contractual Service Agreement,
and he acknowledged before me that he executed the same. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal in the County and State
last aforesaid this day of ... , 1992.
Notary Public
State of Florida at Large
My Commission Expires:
3
THE VILLAGE ARCHITECTS P.A.
TO WHOM IT MAY CONCERN
Sebastian City Council Meeting
March 25, 1992
The PROPOSED TERMINATION OF MY SERVICES FOR THE DESIGN OF THE SEBASTIAN GOLF
FACILITY'S PRO SHOP might be compared, if you will, to someone with a stomach
ache who has gone to the Medical Profession for assistance: The Doctor,
having been paid to do consultations and tests to find the true source of the
problem, discovers that the problem stems from much more than a simple ache:
the Patient's appendix is inflamed, and must be taken seriously with
correspondingly corrective action. However, the Patient then informs the
Doctor that the Patient only wanted to be given a simple pain reliever, and
will terminate at once the doctor/patient re]ationship so the Patient can find
some doctor who will simply prescribe what the Patient wants.
If I am to be terminated from my design contract for solving the functional
pain emanating from the Golf Pro Shop, let it be for a LOGICAL REASON.
Let it NOT be for the illoqical reason that "the Project is only a simple
problem": for detailed programming consultations with Pro Shop'Staff
uncovered a need for a challenging custom cabinetry design within a very tight
666 SF space. The discovery of the intense spacial requirements, in addition
to the understood need to fit all the pieces together aesthetica]ly, require
that we view the Pro Shop's design issues as much more than a simple problem.
Let it NOT be for the illoqical reason that "cost estimations are more than
$20,000.00": for by Subparagraph 5.2,1, Page Thirteen, of the mutually signed
Contract of February 26, 1992, "the Architect cannot and does not warrant or
represent that bids or negotiated prices will not vary from the Owner's
Project Budget" Furthermore, the City would have done well to communicate
its $20,000.00 budget to the Architect when asked to do so at 2:40 p.m. on
Friday, February 28, 1992, pursuant to Paragraph 4.2, Page Eleven, of the
Contract which states that "the Owner shall establish and update an overall
budget for the Project" However, the Owner's budget, even though not given
until March 19, 1992, should still strive to be realistic.
Let it NOT be for the illoqical reason that "additional service authorizations
have been requested": for pursuant to Subparagraph 3.1.1, Page Eight of the
Contract, if such services "are required due to circumstances beyond the
Architect's control, the Architect shall notify the Owner prior to commencing
such services. If the OWner deems that such services described.., are not
required, the Owner shall give prompt written notice to the Architect... and
the Architect shall have no obligation to provide those services." In every
case of additional service requests, the Owner's signature is required. But
the Architect should not be penalized for professional recommendations.
And let it NOT be for the illoqical reason that "this Project shou)d have been
over long ago": for the Project can only begin from the date of Contract,
February 26, 1992. Pursuant to Paragraph Il.7 of the Contract, the length of
time contracted for delivery of Basic Services is "three (3) months" from date
of contract. There yet remains approximatly two (2) months for completion of
these Basic Services.
Respectfu))y submitted,
10753 HIGHWAY ONE, SEBASTIAN, FLORIDA 32958 FAX407-589-2134 / 407-589-4468
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT:
Appointments to Indian River
County Boards
APPROVED FOR SUBMITTAL BY:
City Manager: ~~
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
City Clerk
3/19/92
$/25/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Historically, at the first regular meeting subsequent to election
of new Council members, the Mayor has asked for volunteers and
appointed, from among City Council members, liaisons to various
Indian River County Boards, as requested by the County.
We received a request for appointment of a regular member to the
Indian River Transportation Planning Committee from the County
Commission office due to former Mayor Conyers' leaving.
Those boards in which Sebastian City Council members participate
are listed below along with each board's current member:
* Transportation Planning Committee - Member (open) Alternate
(Holyk)
* Land Acquisition Committee - (Powell)
* Economic Development Council - (Reid)
* Emergency Services District - (Powell)
The following is a recently formed advisory board which has
requested appointment of a liaison:
* Association for Retarded Citizens of IRC - Advisory Board to
the Supported Employment Program
The U.S. Fish and Wildlife Service has requested one
representative from the City of Sebastian to participate in a
one-day workshop to develop a management plan for the Pelican
Island National Wildlife Refuge on April 11, 1992.
RECOMMENDED ACTION
Mayor Powell will take requests for volunteers for the various
boards and functions and appoint liaisons accordingly.
2
Telephone: (407) 567-8000
BOARD OF CO UNTY COMMISSIONERS
1840 25th Street, Veto Beavh, Florida 32960
arch 11, 1992
Suncom Telephone: 224-1011
Ms. Katheryn O'Halloran
City Clerk
City of Sebastian
P. O. Box 780127
Sebastian, Florida 32978
Dear Kay:
W. E. Conyers was the Sebastian representative on the
County's Transportation Planning Committee. Since Mr. Conyers is
no longer on your Council, please select a new representative to
take his place, and I will bring it before the County Commission
for appointment.
See you in September, or sooner for din-din.
Sincerely,
Al ice E. White
Administrative Secretary
Association for Retarded Citizens of Indian River County
1375 16th Avenue. vero Beach, FL 32960 (407) 562~6854
February 19, 1992
Mr. Robb McClary, City Manager
P.O. Box 780127
Sebastian, FL 32978
Dear Mr. McClary,
You are hereby invited to serve on the Advisory Board to the
Supported Employment Program as administered by the Association
for Retarded Citizens, Indian River County.
Attached is a copy of the proposed functions of this newly created
Advisory Board and related information.
Hopefully you will accept this invitation by calling one of the
undersigned at your earliest convenience.
Thank you.
Sincerely,
FK/sm
Enclosure
~Carolyn Peeler - 562-1666
Asst. Vice President, Manager
~. Harbor Federal
Nancy Bright - 562-1666
Assistant Vice President
_bor Federal
~_--_~~n Prest - 231-9385
Entrepreneur
United Way Agency ~ ~Z, O 9 ~
Advisory Board to Supported Employment Program
Association for Retarded Citizens of Indian River County, Inc.
The Chairperson shall be selected by members of the Advisory Board
(no ARC employee or director shall be eligible).
The Board shall consist of a cross section of business people in
Indian River County.
The primary functions of the members shall be . .
-To advocate the employment of the developmentally disabled
and physically handicapped.
-To suggest ways and means to obtain employment for the
handicapped.
-To recommend business leads and names of business people to
be contacted by ARC concerning potential employment of
handicapped (individual jobs; mobile work crew; piecework
contracts).
· To discuss and develop entrepreneur ventures to ARC which
would not only provide employment but also produce revenue.
Matters concerning frequency of meetings, networking, term of office,
minutes of meetings, etc., shall be discussed and agreed upon by
members.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Merritt island National Wildlife Refuge
P.O. Box 6504
Titusville, Florida 32782
Robb McClarey, City Manager
P. O. Box 780127
Sebastian, Florida 32978
Dear Robb:
March 16, 1992
I
The U.S. Fish and Wildlife Service will be hosting a one-day
workshop to provide for your assist with the development of a
management plan for the Pelican Island National Wildlife Refuge'.
The workshop is scheduled for April 11, 1992, at the North Indian
River County Library in Sebastian. The Library is located on S.R.
512 approximately 3 miles east of 1-95.
You, or a designated representative from your organization, are
cordially invited to participate in the workshop. Your input will
be fully and fairly considered in the development of the management
plan; the resulting draft document will be made available for
public review.
This workshop is not a public hearing, although representatives of
the press will be invited to observe the proceedings. Our
intention is to gather representatives from various groups with an
interest in the refuge and provide an opportunity to discuss refuge
issues and propose management options for resolving them. Issues
previous identified include the following: Expiration of lease with
State of Florida, manatee issues, juvenile sea turtle, woodstorks
feeding and nesting sit~s, increasing unbanization, lack of visitor
facilities, other wildlife concerns.
We are limiting participation to one representative from each group
to provide better interaction and collaboration of ideas for
development of the management plan. Although, no decisions will
be made in the workshop, results will be considered in management
planning.
I
The workshop will be preceded by a field trip on April 10, for
anyone not fully familiar with the refuge. This will allow some
time to informally discuss issues of concern with refuge
biologists. The field trip will begin at approximately 1:00 p.m.
at the public boat ramp on the Wabasso Causeway and end around
4:00 p.m.
A preliminary agenda is enclosed. Separate responses are requested
for both the workshop and field trip. Please respond to Refuge
Manager Ron Hight, Merritt Island National Wildlife Refuge, P. O.
Box 6504, Titusville, Florida 32782, (407)861-0667.
Sincerely,
Albert R.
Refuge Manager
~END~,
9:00
9:10
9:15
9:30
9:45
10:00
10:15
10:30
10:45
11:00
11:30
12:45
02:45
03:00
05:15
05:30
WELCOME AND PURPOSE
PROCESS, OBJECTIVE AND
AGENDA
INTRODUCTIONS
PELICAN ISLAND OVERVIEW
BACKGROUND, BIRDS
BREAK
BACKGROUND MANATEE
BACKGROUND SEA TURTLES
IDENTIFY AND RANK ISSUES
DISCUSS ISSUES AND RANK ORDER
MAKE RECOMMENDATIONS
LUNCH
CONTINUE AS ABOVE
BREAK
CONTINUE AS ABOVE
SUMMARY: NEXT STEPS
ADJOURN
RON HIGHT, PROJECT LEADER
ALLAN TAYLOR, FACILITATOR
ALLAN TAYLOR
DOWN WNITMORE,
PROJECT COORDINATOR
MIKE ERWIN, PATUXENT
WILDLIFE RESEARCH CENTER
BOB TURNER,
MANATEE COORDINATOR
EARL POSSARDT, SOUTHEASTERN
SEA TURTLE COORDINATOR
ALLAN TAYLOR
ALLAN TAYLOR
ALLAN TAYLOR
ALLAN TAYLOR
RON HIGHT
RON HIGHT
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: RESOLUTION R-92-21
PELICAN ISLAND NATIONAL WILDLIFE
REFUGE BUFFER LANDS PURCHASE
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community. Development
Date Submitted, O3/19/92 (BC),~
For Agenda Of:
O3/25~92
Exhibits:
1. Resolution R-92-21
2. Land Trust Info Sheet: Orchid
Island/Jungle Trail CARL Project
3. P.J. Article 3/12/92 "Group:
Buy Land to Buffer Pelican
Island
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
City of Sebastian is known as the home of Pelican Island, and as such, has
a particular responsibility to act in support Of reasonable measures
provide permanent protection for it.
Indian River Land Trust took the opportunity to apply for CARL
(Conservation and Recreational Lands) funding through state auspices to
purchase 275 acres of adjacent land to buffer the sanctuary. Sources for
matching funds which may be required by successful applicants include
monies acquired via countywide referenda, and outright grants through
state and federal agencies committed to wildlands management. The City of
Sebastian is not being asked to encumber funds for this purpose, but
rather to acknowledge the validity of the purchase and lend public support
to it.
RECOMMENDED ACTION
Move to adopt Resolution R-92-21 and forward it to the appropriate
receiving agency prior to the April 7, 1992 meeting of the CARL Committee
and Advisory Council to promote a decision in favor of the purchase.
WHEREAS. the City of Sebastian has traditionally
proclaimed itself as the home of Pelican Island National
Wildlife Refuge, which is approaching its 9Otb birthday as a
national historic landmark and will celebrate its centennial
in the year 2003, bringing to the refuge and to the Indian
River County locale attention on a national scale; and
wHEREAS, the Indian River Land Trust is a private non-
profit organization whose mission is to promote the
preservation, conservation and improvement of such natural -
resources and special places in Indian River countY, and the
State of Florida Conservation and Recreation Lands (CARL)
Committee is charged with the responsibility to prioritize
and purchase properties within the state of Florida that
contain environmentally sensitive lands and habitat; and
WHEREAS, purchase of 275 additional acres of land on
eastern barrier islands beside the Indian River Lagoon,
buffering Pelican Island National wildlife Refuge, shall
benefit all residents of the State of Florida and the United
StateS, and shall constrain encroaching development
protect a natural waterway resource of national, state, and
local significance; increase the regional economY; protect
the boundary of the Pelican Island National Wildlife Refuge;
and preserve the character of adjacent scenic and historic
places nearby;
NOW, THEREFORE, BE IT RESOLVED by the City council, City
of sebastian, indian River countY, Florida, as follows:
sECTION 1. That the City Council respectfully requests
that the CARL Land Acquisition Advisory Council assign the
highest priority to the purchase of lands buffering Pelican
Island National Wildlife Refuge to ensure protection of this
unique and critically important natural resource, the
wildlife contained therein, and the recreational and historic
areas of local, state, regional and national significance, in
perpetuity.
SECTION 2. This resolution shall take effect
immediately upon final passage.
The foregoing resolution was moved for adoption by
Councilmember
by Councilmember
vote, the vote was as follows:
The motion was seconded
and, upon being put to a
Lonnie R. Powell
Frank Oberbeck
Carolyn Corum
Peter R. Holyk
George G. Reid
The Mayor thereupon declared this Resolution duly passed
and adopted this day of ., 1992.
ATTEST:
by:
CITY OF SEBASTIAN, FLORIDA
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, Attorney
'yV.r~ l~.cc~Cttw" ~ e~
_... ,~' ~)/.~Ux, xOt-~ .... ~,,~q,!~., ~ ~.~ ·
~-Ct~~ "~ ...~ d ~"~"~a~.~
a ~ ~" .._,~c[u'~ _
l't,c · - .-ommn'~ '-t ~t~"~ - - ~ ' ~ ~ ~ m~s~' ~' ._~a~ ~u~ .
LC~t') ~" o,~ tt~ ~'~ ~ ~ ~. ~t~u_.fto.~ h,st~
~H~u~ ~ _~et~) .,~itt~o~ - . ~o?m~ '_,,GoeU~
. .amatk" . -- A ~°~° ~,,_,..ecss e~e- ~_ o~ its si~e~".
,., . _. ~...o~,., .,. :"~X,.,. ""~ "~ .,o~a ~ :~{.~" ~"""' .,
,..di~n RlVO .~n o[ t~cs~ M:].. o[ t~c te'"~._~$ ee~t to ,' 2cfiO" t,om ' --*a ~ ~'
11~e ," . ThhtTScw" . thc ~°a~u'' · ~e~a ~a,~ _.~iatc 9~m~ '.ht ac[OSS ~" ~ aaa
.,. ~ ttivc~ L 5 .. Vft~a~ · , .o~a a~ - · o[ thc V'°~. _a ~--"'~
" --. ,':fi ReJU~ T.~ :,o~'S ~cu* ,at. gcto~~ ~-: ~ i~ U
COMPARISON OF DEBT SERVICE PAYMENT
Series 1985 to Series 1992
(Plus $248,000 in the Bank)
(ooo)
5000
40004'
3000 ."'
2000
1000 ..... "
0 -~'" .............
Series 1985
Series 1992
Total Debt Service Payments
Legend
Principal ~ Interest
Golf Course Revenue Bond Refunding
CITY OF SEBASTIAN, FLORIDA
GOLF COURSE REFUNDING REVENUE BONDS, SERIES 1992
AAA/Aaa RATING - (FULL OEFEASANCE& CASH g CLOSING)
SAVINGS REPORT
........ PROPOSED DEBT SERVICE ........ PRIOR CUHULATIVE
DATE PRINCIPAL COUPON INTEREST TOTAL D/S SAVINGS SAVINGS
10/ 1/92 84,436.67 8~,436.67 209,325.00 134,035.64 134,035.64
4/ 1/93 63,327.50
10/ 1/93 80,000.00 3.500000 63,327.50 206,655.00 211,125.00 4,470.00 138,505.64
4/ 1/94 61,927.50
10/ 1/94 80,000.00 4.000000 61,927.50 203,855.00 207,6t2.50 3,557.50 142,063.14
4/ 1/95 60,327.50
10/ 1/95 85,000.00 4.500000 60,327.50 205,655.00 208,587.50 2,932.50 1440995.64
4/ 1/96 58,415.00
10/ 1/96 90,000.00 4.700000 58,415.00 206,830.00 209,21~.50 2,382.50 147,378.14
4/ 1/97 56,300.00
10/ 1/97 95,000.00 5.000000 56,300.00 207,600.00 209,262.50 1,662.50 149,040.64
4/ 1/98 53,925.00
10/ 1/98 100,000.00 5.200000 53,925.00 ~07,850.00 208,802.50 952.50 1~9,993.14
4/ 1/99 51,325.00
10/ 1/99 105,000.00 5.400000 51,325.00 207,650.00 207,822.50 172.50 150,165.64
4/ 1/ 0 48,490.00
10/ 1/ 0 110,000.00 5.500000 48,490.00 206,980.00 211,312.50 4,332.50 154,498.14
4/ 1/ 1 45,465.00
10/ 1/ 1 115,000.00 5.600000 45,465.00 205,930.00 208,812.50 2,882.50 157,380.64
4/ 1/ 2
10/ 1/ 2 125,000.00 5.700000 42,245.00 209,490.00 210,8z, 3.7'5 1,353.75 158,7"54.39
4/ 11 3 38,682.50
10/ 1/ 3 1~5,000.00 5.800000 38,68~.50 202,365.00 206,937.50 4,572.50 163,306.89
4/ 1/ 4 35,057.50
10/ 1/ 4 135,000.00 5.900000 35,057.50 205,115.00 ~07,562.50 2,447.50 165,75~.39
4/ 1/ 5 31,075.00
10/ 1/ 5 140,000.00 6.000000 31,075.00 202,150.00 207,250.00 5,100.00 170,854.39
4/ 1/ 6 26,8~5.00
10/ 1/ 6 150,000.00 6.250000 26,87~.00 203,750.00 206,000.00 2,250.00 17'5,104.39
4/ 1/ 7 22,187.50
10/ 1/ 7 160,000.00 6.250000 22,187.50 204,375.00 208,650.00 4,27'5.00 1~?,379.39
4/ 1/ 8 17,187.50
10/ 1/ 8 170,000.00 6.250000 17,187.50 204,37~.00 209,875.00 5,500.00 182,879.39
4/ 1/ 9 11,87~.00
10/ 1/ 9 185,000.00 6.250000 11,875.00 208,750.00 209,675.00 925.00 183,804.39
4/ 1/10 6,093.75
10/ 1/10 195,000.00 6.~50000 6,093.r5 207,187.50 ~08,050.00 862.50
2,2~5,000.00 1,545,999.17 3,790~999.17 3,966,518.75
9,147.31 9,1&7.31
2,245,000.00 1,536,851.86 3,781,851.86 3,966,518.7~
ACCRUED
18~,666.89
184.666.89
186,666.89
Dated 2/ 1/92 ~ith Delivery of 2/27/92
Bond Years 26,016.667
Average Coupon 5.9423~1
Average Life 11.588716
N I C X 6.07669~ ~ Using 98.4453675
T I C X 6.335453 ~ Frc~Oelivery Date
Bond Insurance:
0.606700 ~ of (Totat Debt Service Only)
23,000.00
N 0 T E : Savings on 10/ 1/92 Include Accrued Interest of 9,147.31
Net Present Value Savings at: 6.2223~ Equats 165,860.17 or
or
7.3880% of Par of the Current issue
9.1132% of Par of the Prior Issue
Prepared by: BARNETT SECURITIES, INC.
RUNDATE: 02-11-1992 @ 16:20:06 FILENAHE: GOLF KEY: NEU1
CiTY OF SEBASTIAN, FLORIDA
GOLF COURSE REVENUE BONDS, SERIES 1985
REMAINING DEBT SERVICE - (FULL OEFEASANCE)
DEBT SERVICE SCHEDULE
DATE PRINCIPAL COUPON INTEREST
4/ 1/92 84,662.50
10/ 1/92 40,000.00 8.000000 8~,662.50
4/ 1/93 83,062.50
10/ 1/93 45,000.00 8.250000 83,062.50
4/ 1/94 81,206.25
10/ 1/94 45,000.00 8.500000 81,206.25
4/ 1/95 79,293.75
10/ 1/95 50,000.00 8.750000 79,293.75
4/ 1/96 77,106.25
10/ 1/96 55,000.00 9.000000 77,106.25
PERiO0 TOTAL
8~,662.50
124,662.50
83,062.50
128,062.50
81,206.25
126,206.25
79,293,75
129,293.75
77,106.25
132,106.25
74,631.25
134,631.25
71,901.25
136,901.25
68,911.25
138,911.25
65,656.25
145,656.25
61,906.25
146,906.25
57,921.88
152,921.88
53,468.?5
153,468.75
48,781.25
158,781.25
43,625.00
163,625.00
38,000.00
168,000.00
31,825.00
176,825.00
24,937.50
18~,937.50
17,337.50
4/ 1/97 74,631.25
10/ 1/97 60,000.00 9.100000 74,631.25
4/ 1/98 71,901.25
10/ 1/98 65,000.00 9.200000 71,901.25
4/ 1/99 68,911.25
10/ 1/99 70,000.00 9.300000 68.911.25
4/ 1/ 0 65,656.25
10/ 1/ 0 80,000.00 9.375000 65,656.25
4/ 1/ 1 61,906.25
10/ 1/ 1 85~000.00 9.375000 61,906.25
4/ 1/ 2 57,921.88
10/ 1/ 2 95,000.00 9.37~000 57,921.88
4/ 1/ 3 53,468.75
10/ 1/ 3 100,000.00 9.375000 53,468.7'5
4/ 1/ 4 48,781.25
10/ 1/ 4 110,000.00 9.375000 48,781.25
4/ 1/ 5 43,625.00
10/ 1/ 5 120,000.00 9.375000 43,625.00
4/ 1/ 6 38,000.00
10/ 1/ 6 130,000.00 9.500000 38,000.00
4/ 1/ 7 31,825.00
10/ 1/ 7 145,000.00 9.500000 31,825.00
4/ 1/ 8 24,937.50
10/ 1/ B 160,000.00 9.500000 24,937.50
4/ 1/ 9 17,337.50
10/ 1/ 9 175,000.00 9.500000 17,337.50 192,337.50
4/ 1/10 9,025.00 9,025.00
10/ 1/10 190,000.00 9.500000 9,025.00
1,820,000.00 2,146,518.75 3,966,518.75
ACCRUED
1,820,000.00 2,146,518.75 3,966,518.75
Dated 10/ 1/91 with Delivery of 10/ 1/91
Bond Years 22,790.000
Average Coupon 9.418687
Average Life 12.521978
N I C X 9.418687 ~ Using 100.0000000
T I C ~ 9.395575 X From Delivery Date
Prepared by: BARNETT SECURITIES, iNC.
RUNDATE: 02-10-1992 ~ 15:12:13 FILENAME: GOLF KEY: OLO
FISCAL TOTAL
209,325.00
211,125.00
207,412.50
208,587.50
209,212.50
209,262.50
208,802.50
207,822.50
211,312.50
208,812.50
210,8~3.75
206,937.50
207,562.50
207,250.00
206,000.00
208,650.00
209,875.00
209,675.00
208,050.00
Barnett Sacurltlear Inc.
March 23, 1992
Via Facsimile
(0ilal Markel5 G~oup
$oulhs~de Boulevard
Post Office Box 44148
Jacksonville, Florida 32231-4148
Mr. Larry Napier
Assistant Finance Director
P. O. Box 780127
Sebastian, FL 32978-0127
Dear Larry:
It was a pleasure speaking with you today concerning the City's recent golf course
refinancing, in our discussion, the question w~s raised why the principal outstanding after
the refunding exceeded the principal amount of bonds refinanced. This is a common
question asked by issuers.
in general, for refundings of higher ~ coupon debt with lower coupon debt, the amount
of principal outstanding always increases. The savings are the result of the sume of interest
expense reduction and/or "up4ront" savings generated being greater than the amount of
increase in principal outstanding.
For the City's refunding, we were required to purchase Treasury securities which were
deposited into an escrow to repay the 1985 bonds. Because of the drop in interest rates, the
yield on the securities were below the 1985 bond yield, requiring us to buy a greater
principal amount. Second, the City had a desire to realize as much of the savings from the
refunding at closine rather than over the life of the bonds. The result was (i) higher
principal amount outstanding, (ii) approximately $238,000 in savings realized at closing, and
(iii) $184,666.89 reduction in debt service payments over the life of the issue as illustrated
on the following chart.
Before Refunding
After Refunding
Difference
Capitalized
Princit~al l~te. rest Total ~
$1,820,600 $2,146,518.75 $3,966,518.75 0
2.245.000 1,536,851.86 3,781~851.86 ~
-$425,000 +$609,666.89 $184,666.89 +$238,000
Barnet! Securities, Inc.. a sub$ichary of Barnett Banks, inc., i5 not a Dank and is separate from Barnett Bank
Member NASD/SiPC
As illustrated, the City benefitted from the refunding by reducing total debt service i~r~
generating additional funds for projects. I recognize that this can be somewhat confusing,
so please call me if i need to explain the structure further.
Sincerely,
Eugene P. Cahalan
Executive Vice President
(904) 464-3730
EPC~b
cc: B. Tilton, Barnett Bank of the Treasure Coast
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT:
NPDES Industrial
Waste Stormwater
Permits
Approved for Submittal By:
City Manager. ~~
) Agenda No.
) Dept. Origin
Date Submitted 03-16-92
For Agenda of 03-25-92
Exhibits: Memo City
_Engineer dated 3-16-92.
- MemD:From Florida Assoc. Of Counties
Dated O2/16/92 & 02/26/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
The Florida Association of Counties has contacted the
City of Sebastian to request payment for invoices for
part two of the NPDES ~oint application for. Stormwater
facilities in industrial use areas. The vehicle
maintenance area invoice is for $2;000 however,, it is no
longer mandatory that the vehicle maintenance area
participate in this program. The invoice for Sebastian
Municipal Airport is $5,585 and they are still required
by EPA to obtain an NPDES permit.
RECOMMENDED ACTION
Move to approve the invoice for the Sebastian Municipal
Airport of $5,585 and not participate in Part Two for ~he
City Garage and Vehicle Maintenance Facility.
City of Sebastian
POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
DATE:
TO:
March 16, 1992
Robert S. McClary
City Manager
FROM: Daniel C. Eckis, P.E.
City Engineer/Public Works Director
RE: NPDES Industrial Waste Stormwater Permits
The Florida Association of Counties has contacted the City cf
Sebastian identifying that Part One of the joint permit
application has now been completed. In addition they have
sent invoices for Part Two of the application for both the
Airport and Vehicle Maintenance Facility. It is understood
that these invoices are to pay the cost for monitoring,
stormwater discharge.
The application fees were based on participation of other
municipalities throughout the state. The application fee for
Part Two for airport facilities would range from $2,150 ~o
$5,878. The invoice to the City of Sebastian for the
Sebastian Municipal Airport is $5,5S5. The application fee
for the Vehicle Maintenance would be between $1,125 and
$1,325, and the actual invoice was for $2,000. The increased
fee for the Vehicle Maintenance facility was due to a change
in the EPA ruling for City's to participate. At first, all
municipalities were required to obtain a NPDES Permit.
However, this was changed to include only those cities with
populations of 100,000 or' more.
in the letter received from the Florida Association of
Counties for Vehicle Maintenance Facilities. it, indicated
· tl"~at the C:~ ~ '
.,~} ~s no long. er obligated, to a~,l'-~.~ .~ for 'this
speoiai stormwater permit since our population is less Lh~n
i00,000. However, it was Peoc,~nended that bhere may be a
time in the future when the City would be --~ :~ '~
.=u~.eG ~o comply
with %he NPDES requirements end sugEested %ha% we stay in the
program. In my conversation with Kirk Spi%zer, he said, ef
%he ~wo hundred municipalities ~hst were no longer result, ed
%o file for the permit only one third of %he municipalities
had decided to go forward with their. Phase Two. it would be
my r. eco~endat, ion %ha~ since the population of %he City of
Sebas%ien is approximately i0,000 and %he EPA requirement is
for 100~000, %he~ it would be some time before the City of
Sebastian would be required to participate in such a program.
In the future the City would be able to budget the cost of
permitting. Therefore, since the City does not have the
$2, 000 budgeted this year the permit is rio longer, required,
the City should consider not participating in this program.
Unfc, rtunately~ the Airport Facilities are still required tc
apply for permit and therefore it would be my reco~mendavion
that the City continue -~' '
w~n the ~4oint app!icatzon as diPec~Jed
from 'the Florida Association of Counties and acquire the
necessary funding to pay for Part Two of the application fees
for $5,585.
ASSOCIATiOh' ~
COUNTIES,,
P.O. Box 549 / Tallahassee, Florida 32302
Phone: 904/224-3148 FAX: 904/222-5839
MEMORANDUM
TO:
FROM:
RE:
DATE:
Airport Group Application Participants
Jim Shipman, FAC Executive Director
NPDES Airport Facility Permits - Part II Fees
February 11, 1992
We have now received approval from EPA for Part I of each of our
group applications for NPDES stormwater permits. Such approval
allows our consulting engineering firm to begin the chemical
analysis of stormwater runoff at designated test sites that is
required for Part II of the permitting process.
Enclosed please find an invoice for Part II fees for your facility.
This is the only invoice that will be sent to your jurisdiction and
it should be forwarded to your finance department immediately.
The fees are payable now and are past due after March 11, 1992.
Checks should be made payable to the Florida Association of
Counties and identified as being for the "NPDES group application".
Payment should be sent directly to FAC at the above address. We
would' appreciate your assistance in seeing that payment is
processed quickly, as testing and analysis of runoff cannot begin
until payment is received. Part II fees must be paid in order to
remain in the group application process.
Should you have any questions concerning payment or the next step
in the permit process, please contact Kurt spitzer, FAC NPDES
Project Manager, at 904/561-0904 (FAX 904/561-6339).
We appreciate your cooperation in the group application program.
JS:Sp
enclosure
EXECUTIVE DIRECTOR PRESIDENT IIST VICE 2ND VICE 3RD VICE ~ IMMEDIA'rE
SANTA ROSA I PRESIDENT PRESIDENT PRESIDENT J PAST PRESIDENT
I ST, L UCIE POlK COLLIER ! BROWARD
ASSOCIATION.
P.O. Box 549 / Taflahassee, Florida 32302
Phone: 904/224-3148 FAX: 904/222-5839
TO=
Vehicle Maintenance Group Application Participants
FROM=
Jim Shipman
RE=
NPDES Vehicle Maintenance Facility Permits - Part II Fees
D&TE=
February 26, 1992
This document contains important information regarding
the application process for your federal stormwater
permit. Please read the entire memorandum carefully.
We have now received approval from EPA for Part I of each of our
four group applications for NPDES stormwater permits. Such
approval allows our consulting engineering firm to begin the
chemical analysis of stormwater runoff at designated test sites
that is required for Part II of the permitting process.
Enclosed please find an invoice for Part II fees for your facility.
This is the only invoice that will be sent to your jurisdiction and
it should be forwarded to your finance department immediately.
The fees are due now and must be paid by March 31, 1992. Checks
should be made payable to the Florida Association of Counties and
identified as being for the "NPDES group application". Payment
should be sent directly to FAC at the above address. We would
appreciate your assistance in seeing that payment is processed
quickly,, as testing and analysis of runoff cannot begin until
payment is received. Part II fees must be paid. in order to remain
in the group application process.
You may be aware that amendments to the law on the NPDES program
were included in the Surface Transportation Bill that was signed by
President Bush in December. The amendments state that vehicle
maintenance facilities that are owned or operated by jurisdictions
of under 100,000 people cannot be required by EPA to apply for or
obtain a stormwater discharge permit as an industrial activity
prior to October 1, 1992. EPA is interpreting the prohibition
against requiring permits to be of an indefinite duration and are
developing rules which will exempt such entities until EPA policy
is further refined or the courts order the agency to do otherwise.
However, the Federal Clean Water Act still contains a deadline of
October 1, 1992, at which time all statutory exemptions from permit
requirements expire. ~2.~
EXECU~VE D~E~OR PR~IDE~ I I ST ~ 2ND V~E 3RD V~£ IMMED~ ~
SAN~ RO~ I ~IDENT ~IDE~ ~E$1OE~ PA~ PR~ENT
I S~ ~UC~ ~LK CO[LI~ BROW~D
Vehicle Maintenance Facilities
February 26, 1992
page two
Although we disagree with EPA's interpretation on the meaning of
the amendments, we are following their decision as the lead
regulatory agency in this area. Therefore, if your 1990 population
is under 100,000, your vehicle maintenance facility is not required
to obtain a permit as an "industrial activity" at this time and you
are under no obligation to continue in the FAC group application
process.
Additionally, EPA has recently issued guidance material (enclosed)
on what types of vehicle maintenance facilities are required to
obtain permits. This should primarily be of interest to those
jurisdictions of over 100,000 people. However, be advised that
these interpretations are the subject of legal action against EPA.
Some jurisdictions that are apparently not now required to obtain
permits may wish to do so anyway and put this process behind you.
EPA rules allow you to do so. Please consider the following
factors when making your decision:
1. The FAC group process is already well underway. A group
application is the least expensive way to obtain a permit.
Once this application is completed, another one will not be
initiated. If the courts reverse the EPA interpretations, or
small jurisdictions or certain types of vehicle maintenance
facilities are otherwise required to obtain permits in the
future, individual applications can easily cost $15,000 to
$20,000 each to process.
2. DER has expressed its intention to request information on
runoff from industrial facilities owned/operated by
jurisdictions required to obtain MS-4 (municipal stormwater
system) permits from EPA. This currently affects all
governments within the 10 counties that had 1980 populations
of over 100,000. Once the 1990 census is certified, an
additional 16 county urban areas will be affected.
3. We cannot predict what the permit conditions will be
after the process is completed. Monitoring and containment
measures, if required, could be quite costly.
The decision to remain in the group is entirely up to each
jurisdiction. However, we must receive payment no later than March
31 so that we may proceed with the group application process.
Should you have any questions concerning payment or the next step
in the permit process, please contact Mr. Kurt Spitzer, FAC NPDES
Project Manager, at 904/561-0904 (FAX 904/561-6339).
We appreciate your cooperation in the group application program.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Hourly increase to effect insurance)
buyout for Dept. Heads and Unlimited time)
status employees. )
)
Approved for Submittal By: )
)
City Manager )
)
)
)
Agenda No.
Dept. Origin
Date Submitted:
For Agenda Of
Exhibits:
Finance 0VlLI-I)
March 13, 1992
March 25, 1992
Step plan for unlimited
time status employees.
Expenditure Amount Appropriation
Required: $10,046.40 Budgeted: -0- Required:
SUMMARY STATEMENT
To provide parity between the offers tendered to the collective bargaining units as to
"buyout" of the family coverage portion of the employees medical health insurance, the
same plan should be made available to full-time department heads and unlimited time
status personnel. The total medical insurance costs for family coverage is $450.52 per
month and the total monthly cost is $180.61 for single coverage. The resultant
difference is the amount required to reimburse employees for "buyout" of the
dependant coverage portion of the 'medical insurance. This difference of $269.91 per
month for dependant coverage x 12 -- $3238.92 divided by 2,080 working hours
equals an hourly adjustment of $1.56. Department heads and unlimited time status
personnel received an $.87 per hour adjustment on October 1, 1991. An additional
$.69 per hour is the amount required to provide a full "buyout" to department heads
and unlimited time status personnel and will be in line with the offer tendered the
collective bargaining units.
RECOMMENDED ACTION
Approve an .hourly salary increase for all full-time department heads and unlimited time
status personnel in the amount of $.69 per hour to effective April 1, 1992.
UNLIMITED TIME STATUS PERSONNEL
Step Plan Job Classes
Fiscal Year Ended September 30, 1992
Effective April 1, 1992 to September 30, 1992
I 2 3 4 5 6 7
Golf Director 20,176 21,008 21,840 22,672 23,504 24,336 25,168
Hourly rate per step 9.70 10.10 10.50 10.90 11.30 11.70 12.10
City Planner, Deputy city Clerk
Hourly rate per step
Ass't Finance Dir., Ass't Pub Works Dir
Golf Course Supt., chief BIdg Insp
Ass't City Manager
Hourly rate per step
26,187 27,019 27,851 28,683 29,515 30,347 31,179
12.59 12.99 13.39 13.79 14.19 14.59 14.99
29,474 30,306 31,138 31,970 32,802 33,634 34,466
14.17 14.57 14.97 15.37 15.77 16.17 16.57
Page 1
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
Police
Sanitary Sewer
Lift Station
Approved for Submittal By:
City Manager.
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
03-16-92
03-25-92
Bid Tabulation
Form
Budget Analysis dated'3/17/9?
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
A bid was received in the City Managers office on,
Tuesday, February 25th, 1992 from A and I Utilities Inc
of Vero Beach. Their bid of $19,750. was the only bid
that was received. It is approximately $2~000 more than
my estimate of October' 23, 1991. I did request an
itemized breakdown of their cost to install the
li[tstation upon my review have determined that all costs
are reasonable. The difference between the dollar amounts
were because of well pointing and dewatering for the lift
station.
RECOMMENDED~Ag_TJ.~I~
Move to approve A & R Utilities bid proposal for
installation of the liftstation for $19,75(1, and have
staff notify the contractor with a notice to proceed for
the construction.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE February 25, 1992~ 2.-00 P~M.
CONTRACTOR/VENDOR ITEM ~
A & R Utilities Inc. Li£tstation Police Station
TO~AL
$19,750.
NO OTHER BIDS WERE RECEIVED.
Police Department Construction
Capital Projects
Building Construction Change orders
Sales tax savings measures
Florida Power & Light hook-up (1/2)
Generator
Kelley Drywall
Architect
Furniture & Fixtures iOM-Files
Sebastian Business Supply
*Lockers
Added furniture & workstations (1)
Site Improvements (2)
Clark Water
Permits & Legal Ads
Maxwell Plumbing
*Lift Station
*Tower
Communications Center
AT&T phones system
Moving Expenses
Communications Int'l
Acct. Budgeted Authorized
No. Amount Commitments
521-6200 $750,000
521-6450 $10,000
$697,500
($941)
($2,198)
$2,331
$32,684
$875
$8,183
$1,750
$1,464
$3,755
521-6300 $30,000
521-6300 $13,500
521-6200 $4,000
$6,745
$325
$1,830
$19,500
$10,954
$17,316
$18,976
$775
$950
Estimated Budget to Authorized
~807,500
Bids not formally awarded as of yet
) Conference table & chairs & workstations
2) Sod, plants & landscaping
sufficient funds are available
Prepared by Larry W. Napier, Reviewed by Michael L. Hudkins 3/17/92.
Page 1
City of Sebastian
POST OFFICE BOX 780127 13 SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 590-6330
FAX 407-5B9-55~'0
SUBJECT: Vehicle for the
Comnunity Service Volunteer Program
Approved For Submittal By:
City Manaper
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Police
March 16, 1992
March 25, ]992
Exhibits: Chief Earle Petty
Memo Dated, March Q, 1992
EXPENDITURE
REOUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Our 199~ police vehicles have arrived and we will he removing four old units
from our fleet. ! would like to identify one of those old units to remain in
service and assign it to the Corrmunity Service Volunteer Program. This
vehicle would be used hy selected and trained volunteers to conduct the
following functions;
Housewatch Program, City Bank Run, City Mail Run, Deliver Council Packets,
Residential and Conrnercia[ Security Surveys to assist in Crime Prevention, and
Neighborhood Crime Watch.
If approved, the vehicle assigned to the volunteer programwould be configured
so that it would not be mistaken for a police vehicle.
The cost to start-up and run this program would be very minimal. The only
expense to the city will be the cost of gas, oil, vehicle maintenance, and
insurance.
If council concurs, move to aporove the addition of one vehicle to the police
department inventory for the use of the Conmunity Service Volunteer Program.
SEBASTIAN
POLICE
Earle L. Petty, Chief of Police
II I IIIIIII1!
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
M E M ORA~~
DATE:
TO:
FROM:
SUBJECT=
March 4, 1992
Robert S. McClary, City Manager
Earle Petty, Chief of Poli~
Community Service Volunteer Program
With the arrival of oum new police vehicles we will be
removing four units from our fleet. I would like to identify
one of those units (the one in the best condition) to remain
in service and assign it to the Community Service Volunteer
Program.
The vehicle would be used by selected and trained volunteers
to conduct the following function;
2.
3.
4.
5.
Housewatch Program
city Bank Run
City Mail Run
Deliver Council Packets
Residential and Commercial Security Surveys to Assist in
Crime Prevention
Neighborhood Crime Watch Program
By using the volunteers for these functions, it allows me to
keep the uniformed sworn officers on the road in proactive
law enforcement activities.
The Housewatch Program alone requires several hours each day
for the officers to check the security of the houses on the
list. In the summer the time required doubles. This is a
very important program for the residents of Sebastian and
will continue to grow as the city grows.
-1-
Date:
Subj:
Page:
March 4, 1992
Community Service Volunteer Program
Two
The bank run and mail run are daily activities requiring a
patrol officer to spend an hour or more out of their zone to
complete this task. Again I feel this is an area where we
could use our volunteers and keep our sworn officers in their
patrol areas to run radar and other important patrol
activities.
If approved, the vehicle assigned to the volunteer program
would be configured so that it would not be mistaken for a
police vehicle. It would have the below listed markings and
equipment;
2.
3.
4.
5.
6.
7.
Light Bar with Amber Lights
Police Mobile Radio
Flashlight
First Aid Kit
Fire Extinguisher
No Prisoner Cage
No Police Markings
The vehicle would be marked "Community Service Volunteer",
the door panels would not have the police shield, this would
be replaced with the city logo seal "city of Sebastian Home
of Pelican Island" the color scheme of the vehicle would
remain the same.
The volunteers assigned to this function would wear their
distinctive uniforms, would not be armed, and would not 'take
any reactive action in any given situation, other than to
make radio contact with communications and report the
situation.
The use of volunteers for these community service programs
would give us three to four additional hours per day of
patrol activity for our sworn officers.
-2-
Date:
Subj:
Page:
March 4, 1992
Community Service Volunteer Program
Three
The cost to start-up and run this program would be very
minimal. The volunteers have been issued their uniforms, we
have the change over equipment on hand for the vehicle,
Communications International will do the work required at no
charge, as a civic goodwill gesture. The only expense to the
city will be cost of gas, oil and vehicle maintenance.
If you have any questions pertaining to this memorandum
please contact me at your earliest convenience.
EP/jh
-3-
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
IN THE MATTER OF~
CASE NO. 92-6198
CLARENCE RICE
819 Genesse Avenue
Sebastian, FL 32958
LEGAL DESCRIPTION~
Lot 1t, Block 313, SEBASTIAN HIGHLANDS
UNIT #13
ORDER FINDING VIOLATION
THIS CAUSE orlginally came to be heard after due Notice to the
Respondent at a violation hearing conducted by the Code Enforcement
Board of the City of Sebastian on 2/19/92. The Board after having
heard testimony under oath, received evidence and heard argument of
counsel or respondent, if any, thereupon issues its Finding of
Fact, Conclusion of Law and Order as follow$~
FINDINGS OF FACT
The Board determined upon the evidence presented that~
CLARENCE RICH was in violation by having a off premise garage
sale sign.
CONCLUSIONS OF LAW
The Code Enforcement Board concludes that the'above-referenced
individual was in violation of Section 32.12(A)~ Chapter 32 of The
Code of Ordinances of the City of Sebastian, Indian River County,
Florida.
1. Based upon the foregoing Finding of Facts, Conclusion of
Law, it is hereby ordered that~ No fine was issued.
2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY TEE CODE
INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF
THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION
OF THE VIOLATION.
3. If Respondent causes a reoccurrence of the violation, this
Board shall reconvene in tbs Council Chambers to hear
further evidence on the issue of compliance and to impose a fine of
up to the maximum amount of $500.00 per day for each day the
violation continues. In the event of a future violation of this
order after the aforementioned date, Respondent shall be renotifled
of a new compliance hearing, at which the Board will review the
evidence and impose the fine provided herein if said violation is
determined to have again occurred.
4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST TEE REAL PROPERTY UPON WHICE THE
VIOLATION EXISTSw OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST
ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF
YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO
COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE iNSPECTOR
IMMEDIATELY.
DONE AND ORDERED this I~~ day of~~ 1992, in
open
session at the Council Chamber, 1225 Main Street, Sebastian,
Florida.
Code Enforcement Board
Nunc Pro Tunc
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
iN THE MATTER OF=
CASE NO. 92-6132
DAVID BEN~AH
926 Starflower Avenue
Sebastian, FL 32958
LEGAL DESCRIPTION:
Lots 1 and 2, Block 331, SEBASTIAN
HIGSLANDS UNIT t13
ORDER FINDING VIOLATION
THIS CAUSE originally came to be heard after due Notice to the
Respondent at a vlolation hearing conducted by the Code Enforcement
Board of the City of Sebastian on 2/19/92 regarding violation of
the Land Development Code of the City of Sebastian prohibiting the
parking of a boat forward of the front line setbacks.
Specifically the violation involved Chapter 20, Section 20A-5.16
(C)(4).
FINDINGS OF FACT
The Board determined upon the evidence presented that DAVID
BENHAM was in violation of the above-referenced ordinance.
CONCLUSIONS OF LAW
The above-referenced individual was found to be in violation
of said ordinance and it is hereby ordered that the violator pay a
fine of $100.00. If the fine is not paid by March 16, 1992, a lien
shall be imposed. If the violation is not alleviated by February
20, 1992, a fine of $25.00 per day is imposed.
9RDER
1. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE
INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE
PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION OF
THE VIOLATION.
2. If Respondent causes a reoccurrence of the violation, this
Board sba1! reconvene in the Council Chambers to hear
further evidence on the issue of compliance and to impose a fine of
up to the maximum amount of $500.00 per day for each day the
,¢/,o¢,,r
violation continues. In the event of a future violation of this,
order after the aforementioned date, Respondent shall be renotified
of a new compliance hearing, at which the Board will review the
evidence and impose the fine provided herein if said violation is
determined to have again occurred.
3. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE
VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST
ANY R~AL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF
YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO
COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR
IMMEDIATELY.
D0.E mD ORDERED this
.session at the Council Chamber,
Florida.
.day of~.6~ 1992, in open
1225 Main Street, Sebastian,
Code Enforcement Board
Nunc Pro Tunc
ATTEST:
~re~ r e t a ~/y
RENTAl., PERMIT APPLICATION
Numbe, oE Pe,,on. cons~i~u~tng g,oup o- o,gani.e~ton..,. ~ ~,0:/', OFFICE ~'"
. ,[ ~ I ' ~ ~-~ .
Please answer YES or
1) Are kitchen feotlt~tes ~equired?
2) Are you a residen~ of Sebas~tan7
3) Will decorations be pu~ up?
4) ~tll ~here be en admission or door che~ge7 ~
51 Will alcoholt~ beverage~ be ~erved? ~~
(a) If aaa.er ko fi5 t~ yes -
(b) If alcohol t~ E~ be o~rvod, permission
CiEy Council. Your reques~ will be presented ~o Counoil
on
Address of
Telephone Uo.=~ Da~e of Appticaeton
Make checks payable ~o= C[TY OF
APPROVED/DISAPPROVED
City Clerk
TO ss rI~su ~N ev ClTY C~ER~'S/rrlCE
Secu.vi~y~ppsit paid on ~(date) in the smount o£
c~.~-~ 6y Check ~ ~ Or CaSh
initial
Rental Fee paid on
.b~ CheCk
(date) in the amount of
or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard aE the Council Meeting on
(date). Request APPROVED/DENZED,
Key Pickup Date
Key Return Date
Security Deposit returned by City Check
amount of on
in the
[ H/Ge).
Amount kept for damages (if .pplicabla). 7Z.c~o/
\ws-form\rentapp
ORDINANCE NO.: 0-92-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE
RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE
TO ST. LUCIE WASTE SERVICES, INC.~ PROVIDING
FOR DEFINITIONS~ PROVIDING FOR A FIXED TERM~
PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR~
PROVIDING FOR A DESCRIPTION OF SERVICES TO BE
PERFORMED~ PROVIDING FOR RESIDENTIAL
COLLECTION~ PROVIDING SCHEDULES AND ROUTE
REQUIREMENTS; PROVIDING OTHER PROVISIONS~
PROVIDING FOR PAYMENT OF FRANCHISE FEE TO
CITY~ SETTING RATES~ PROVIDING FOR FORFEITURE~
PROVIDING FOR CONFLICTS~ PROVIDING FOR
CODIFICATION~ PROVIDING FOR SEVEI~%BILITY~
PROVIDING FOR ATTORNEYS' FEES AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that it is in the best interests of the City to
grant a solid waste collection franchise to an independent solid
waste collection service; and
WHEREAS, the city has, through acceptance of public bid
proposals, determined that St. Lucie Waste Services, Inc. will
provide the required service in the City of Sebastian for the most
cost effective price; and
WHEREAS, the City Council has determined that the best
interests of the citizens of City of Sebastian will be served by
granting an exclusive franchise to St. Lucie Waste Services, Inc.
for the purpose of solid waste collection services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, as follows:
Section 1. GRANTING OF FRANCHISE. St. Lucie Waste
Services, Inc., (the "Contractor") is granted the exclusive right,
privilege, and/or franchise to operate upon, over and across the
streets, alleys, bridges, and other public thoroughfares of the
City of Sebastian (the "City") for the purpose of collecting,
removing and disposing of solid waste material from residential
customers in the City of Sebastian subject to the terms, conditions
and exceptions herein.
~9~t!on 2. DEFINITIONS.
&. Residential: the word "residential" shall mean and
include all "residential customers," consisting of single family
homes, multi-family units, individual mobile homes and other living
units. Multi-family units and mobile home parks with centralized
collection facilities, i.e., dumpsters, etc., and collection
containers in excess of three (3) cubic yards are considered
commercial service and not covered under this Agreement.
B. Contractor: the word "contractor" refers to St. Lucie
Waste Services, Inc.
C. Curbslde: the word "curbside" is defined as that portion
of the street right-of-way paralleling any public thoroughfare
between the curb line and abutting property line. If a ditch
bisects the property and thoroughfare, the curbside then becomes
the roadside of the ditch.
D. Garbage: the word "garbage" shall mean every refuse
accumulation of animal, fruit or vegetable matter that attends the
preparation, use, cooking and dealing in or storage of edibles,
which is subject to decay, putrefaction and the generation of
noxious or offensive gases or odors, or which, during or after
- 2 -
decay, may serve as breeding or feeding material for flies or other
germ-carrying insects.
E. Garbage Can or Receptacle: the words "garbage can" or
"receptacle" shall mean a container of not greater than thirty-
five (35) gallon capacity which shall be free of jagged or sharp
edges and shall be watertight and of impervious material, provided
with tight-fitting cover suitable to protect the contents from
flies, insects, rats and other animals, fitted with two handles by
which it may be lifted, and which shall not have any inside
structure, such as inside bands or reinforcing angles, or anything
within that would prevent the free discharge of the contents. Such
"receptacle" may also be a waterproof bag liner, which can be
safely and securely closed, and which is a type approved by the
collector and the city.
F. Hazardous Waste: the words "hazardous waste" shall be
defined as hazardous under the Resource Conservation and Recovery
Act, 42 U.S.C. §1002, as amended, or regulated as toxic under the
Toxic Substances Control Act, 15 U.S.C. $2601, as amended, or under
regulations promulgated thereunder or defined as hazardous under
the Florida Administrative Code Chapter 17-30 or any other
applicable state or local law or regulation.
G. Solid waste: the words "solid waste" shall be a general
term which includes the specific terms garbage, trash, and
household junk, but which does not include hazardous waste,
industrial or special waste.
- 3 -
H. Trash: accumulation of lawn, grass, or shrubbery
cuttings, or clippings and dry leaf rakings, palm fronds, small
tree branches, (shall not exceed four (4) feet in length and four
(4) inches diameter), bushes, or shrubs, green leaf cuttings,
coconuts, fruits, or other matter usually created as refuse in the
care of lawns and yards.
~ TERM. The term of this franchise shall be for
a period of three (3) years from the effective date.
Section 4, MANDATORY SERVICE. Each residential customer
within the City shall be provided with solid waste pick-up and
removal services. The residential customer may avail themselves
of the available service if desired. Industrial waste and special
waste accounts shall be serviced only upon the execution of
individual agreements between collector and the customer. The
collector shall obtain title to conforming solid waste at the time
it is collected.
~ection 5. DESCRIPTION OF SERVICES.
5.1 Contractor shall provide exclusive residential solid
waste collection services within the City limits of the City of
Sebastian. The contract must include all specified services; no
partial or split service will be permitted. The contractor will
be responsible for both the billing and collection of solid waste
fees and has the right to discontinue services to customers for
non-payment.
5.2 It is the responsibility of the contractor to become
familiar with and to determine the nature and conditions affecting
- 4 -
the collection and disposal of residential solid waste in the City
of Sebastian. The contractor is responsible for determining the
impact and complying with the Florida Solid Waste Management Act.
5.3 The contractor shall provide at his/her own expense, all
labor, insurance, supervision, machinery and equipment, plant
building, trucks and any other tools, equipment, accessories and
things necessary to maintain
disposal set forth herein.
5.4 The contractor shall
the standard of collections and
conduct his/her work in such a
manner as to avoid damage to adjacent private or public proper~y
and shall operate with due care in the vicinity of such utilities,
and shall immediately repair or have repaired, at no additional
cost to the owner, any breakage or damage caused by its operation.
The contractor shall immediately notify the Public Works Director
of such damage and shall advise of corrective action taken or to
be taken.
5.5 The contractor shall not litter or cause any spoilage to
occur upon the premises or the rights-of-way wherein the collection
shall occur. The contractor may refuse to collect any solid waste
that has not been placed in a garbage can or receptacle as provided
herein, and shall provide the proper notification to the property
owner specifying corrective action. During hauling, all solid
waste shall be contained, tied, or enclosed so that leaking,
spilling, and blowing is prevented. In the event of any spillage
caused by the contractor, the contractor shall promptly clean up
all spillage.
- 5 -
5.6 Ail solid waste shall be hauled to those sites or
facilities maintained by the county, or other approved facilities
within Indian River County.
5.7 The additional quantity of refuse generated by the influx
of seasonal visitors and residents will not be a justification for
the contractor to fail to maintain the required collection
schedules, routes and levels of services.
5.8 This Franchise Agreement does not create a mandatory
trash collection service for all city residents.
~ RESIDENTIAL COLLECTION SERVICE.
6.1 The contractor shall have the exclusive right to collect
and dispose of all solid waste, except infectious waste, hazardous
waste, biohazardous waste, biological waste and sludge, from all
Residential Customers. Residential Customers consist of single
family homes, multi-family units, individual mobile homes and other
living units. Multi-family units and Mobile Home Parks with
centralized collection facilities, i.e., dumpsters, etc., and
collection containers in excess of three (3) cubic yards are
considered commercial service and not covered under this Agreement.
6.2 The contractor shall collect solid waste from places of
residence within the contract collection area at least two (2)
times per week, with collections at least three (3) days apart.
In addition to the solid waste collection, yard trash pickups will
be made on one specified and published day per week. All yard
trash must be bundled or in reusable containers. Grass clippings
and small branches, etc., must be in biodegradable paper bags or
- 6 -
other reusable containers. Yard trash contained in plastic bags
will not be picked up. Yard trash must be separated from all other
refuse.
Household furniture need not be containerized and will be
picked up with regular trash collection service.
Household appliances will be picked up at no additional charge
on a one week on call basis and must be recycled at the appropriate
locations.
6.3 Collection shall begin no earlier than 7:00 a.m., and
shall cease no later than 6:00 p.m., Monday through Friday. In
the case of an emergency, collection may be permitted at times not
allowed by this paragraph, provided the contractor has received
prior approval from the City Manager or his/her designee, to be
later evidenced by a written memorandum confirming the approval.
No collection shall occur on Sundays or holidays except in a time
of emergency. Special pickups may be requested by customers at
additional cost which shall be billed by the contractor.
6.4 Collections of residential waste shall be at curbside or
right-of-way. In the event an appropriate location cannot be
agreed upon, the City Manager shall designate the location.
Any costs associated with identification of contractor's
customers is to be borne solely by the contractor. Such
identification may be in a form of stickers or other medium affixed
to the trash receptacles, etc., or other form of identification but
not to exceed 5" X 7" in size.
- 7 -
6.5 The contractor shall be required to pick up all
residential refuse which has been properly prepared and stored
for collection. All garbage, ashes, and rubbish shall be placed
in a garbage can not larger than 35 gallons, or in such other
approved receptacle and shall be placed at curbside or at such
other single collection points as may be agreed upon by the
contractor and the customer.
6.6 The contractor shall make collections with a minimum of
noise and disturbance to the householder. Any garbage or trash
spilled by the contractor shall be picked up immediately. Garbage
cans or receptacles shall be handled carefully by the contractor,
shall not be bent or otherwise abused, and shall be thoroughly
emptied and then left at the proper point of collection.
6.7 The contractor shall collect trash from normal
maintenance of vacant lots that are within the City in the same
manner as the collection from residences. It will not be the
responsibility of the Contractor to remove trash resulting from
clearing property for building purposes. If it is the practice of
the area residents to place their yard trash or solid waste in the
right-of-way of a vacant lot, that waste shall also be collected
in the same manner as the collection from residences.
Section 7~. SCHEDULES, ROUTES, STORMS AND HOLIDAYS.
7.1 The contractor shall provide the City with schedules for
all collection routes and keep such information current at all
times. If any change in the collection routes occurs, then the
City shall be immediately notified in writing. The City Manager
- 8 -
shall approve all permanent changes in routes or schedules that
alter the day of pick up. Upon approval by the city Manager, the
contractor shall publish in a newspaper of general circulation in
Indian River County at least seven (7) days prior to the effective
date of such route or schedule changes. The cost of publication
shall be borne solely by the contractor. In addition the
contractor shall be responsible for advertising all route and
collection information in a newspaper of general circulation in
Indian River County at least twice per year, on or about the 1st
of March and the 1st of September of each year, the cost of which
is to be borne solely by the contractor.
7.2 In case of a storm or hurricane, the City Manager or
his/her designee may grant the contractor reasonable variance from
regular schedules and routes. As soon as practicable after such
storm, the contractor shall advise the City Manager and the
customer of the estimated time required before regular schedules
and routes can be resumed. In the case of a storm where it is
necessary for the contractor and the City to acquire additional
equipment and to hire extra crews to clean the City of debris and
refuse resulting from the storm, the contractor shall be required
to work with the City in all possible ways for the efficient and
rapid cleanup of the City. The contractor shall receive extra
compensation above the Contract Agreement for additional labor,
overtime, and cost of rental equipment, provided he has first
secured prior written authorization from the City Manager or
his/her designee. The total cost for such service shall be based
- 9 -
on rates jointly agreed to in advance by the city Manager or
his/her designee and the contractor, in the event of such storm
or hurricane emergency, the City reserves the right to assign route
or pick-up priorities as deemed necessary by the City Manager.
7.3 The City agrees to exempt residential collection from
the normal collection schedule on the following holidays: New
Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's
Day, Thanksgiving Day and christmas Day. These holidays will be
indicated in the initial public notice to customers in a local
newspaper of general circulation. The contractor will be-excused
from trash pickup these days and will not be required to make up
the lost pickup day.
7.4 The contractor shall have on hand at all times and in
good working order such equipment as shall permit the contractor
to adequately and efficiently perform its contractual duties. The
equipment shall be of the enclosed loader packer type and all
equipment shall be kept in good repair, appearance, and in a
sanitary and clean condition at all times.
SectioD ~, OTHER PROVISIONS.
8.1 The contractor shall comply with all applicable City,
State and Federal laws as to wages, hours, and all other applicable
laws relating to the employment or protection of employees, now and
hereafter in effect.
8.2 The contractor is required and hereby agrees by~
of this Franchise Agreement to pay all employees not less than the
federal minimum wage and to abide by other requirements as
- 10 -
established by the Congress of the United States in the Fair Labor
Standard Act as amended and changed from time to time.
8.3 No person shall be denied employment by the contractor
for reasons of race, sex, national origin, creed, age, physical
handicap, or religion.
8.4 There will be no changes in rates for the duration of
the initial twelve month period. Adjustments to rates in
subsequent years will be supported by changes in the costs of
property taxes, disposal charges and fuel charges. All changes in
rates supported by fuel charges will be limited to charges in a
nationally recognized fuel index with 1992 used as a base period.
Reductions in costs must be reflected in any rate changes. Ail
petitions for rate changes must be approved in advance by the City
~ and evidenced by corroborative evidence reviewed and
C. ,
8.5 The contractor shall pay the City of Sebastian a gross
receipts franchise fee, according to the schedule set forth in
Section 9 of this Ordinance, and agrees all contractor's records
will be available for inspection with reasonable notice and during
regular business hours, to support the franchise fee. This
franchise fee will be six percent (6%) of the contractor's gross
receipts. The approved rate as set forth in Section l0 of the
Ordinance shall reflect the total rate to the customer without
adjustment for the franchise fee.
8.6 The contractor shall prepare, in accordance with format
approved by the City, and maintain a register on all complaints
- 11 -
and indicate the disposition of each complaint. Such record shall
be available for the City to inspect at all times during business
hours. Unresolved customer complaints without valid cause is
considered a violation of this Franchise Agreement.
8.7 The contractor shall obtain,, at his/her own expense,
all permits and licenses required by law or Ordinance and maintain
the same in full force and effect.
8.8 Upon the City's acceptance of this Franchise Agreement,
the contractor shall notify the general public and all residential
service customers that the contractor will be providing exclusive
trash pickup services within the City of Sebastian. Contractor
shall supply necessary information to begin service to prospective
customers, and shall publish the days of pickup, holidays when no
service will be provided, general rate structure, and general
information to provide a smooth transition from the current service
to the new exclusive service. Such notice shall be in a local
newspaper of general circulation in indian River County, twice
prior to beginning services, and in two consecutive months after
service begins.
8.9 A copy of the general liability insurance policy shall
be filed with the City Clerk of the City of Sebastian and proof of
premium payments shall be submitted to the Clerk during the term
of this franchise, including any extensions. The general liability
policy shall contain liability limits of not less than $100,000.00
per person and $300,000.00 per occurrence.
- 12 -
8.10 The company will maintain and operate its residential
trash collection service in accordance with the laws of the State
of Florida and the rules, regulations, and Franchise Ordinances as
are or may be set forth by the Council from time to time. Failure
of the contractor to promptly and faithfully keep, perform, and
abide by each and all of the terms and conditions of the franchise
and rules and regulations as set forth by Council shall constitute
a violation of the Franchise Agreement and may be terminated by the
city as specified in the Franchise Agreement.
8.11 Access to Company Records. The City shall have access
at all reasonable hours to all of the Company's contracts,
accounting, financial, statistical, consumer, and service records
relating to the operation of the Company and to all other records
required to be kept by the Company, and the Company shall file such
accounting reports and data with the City when required.
Section 9. PAYMENTS TO CITY. Beginning with the effective
date of this Agreement, pursuant to Section 8.5 of this Ordinance,
the contractor shall pay to the City, within thirty (30) days of
each preceding billing period, an amount equal to six percent (6%)
of the contractor's gross receipts for the preceding billing
period. Failure to remit the required payment to the City shall
be cause for termination of this grant.
S~¢tion 10. P~TE. The rates charged by the contractor for
the services hereunder shall be fair and reasonable and designed
to meet all necessary costs of the service, including a fair,
greater return on the net valuation of its properties devoted under
- 13 -
efficient and economical management. The company agrees that it
shall be subject to all authority now or hereafter possessed by the
City or any other regulatory body having competent jurisdiction to
affix, adjust, reasonable and compensatory rates. When this
franchise takes effect, the company shall have authority to charge
and collect, not to exceed the following schedule of rates which
shall remain effective until changed or modified as herein
provided, to wit:
Monthly Garbage Rates: Monthly garbage rates shall be $6.12
per month, per residential customer.
Section 11. FORFEITURE. The failure on the part of the
grantee to comply in any substantial respect with any of the
provisions of this Ordinance, shall be grounds for forfeiture of
this grant.
Section 12. CONFLICT. Ail Ordinances or parts of
Ordinances in conflict herewith are hereby repealed.
Section 13. 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 changed to "Section," "Article" or other
appropriate designations.
Section 14. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
- 14 -
this 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 15, ATTORNEYS' FEES. Should it become necessary
for the City to initiate legal or other proceedings to enforce the
terms of this Ordinance, the prevailing party shall be entitled to
recovery of reasonable costs and attorneys' fees.
Section 16. EFFECTIVE D~TE. This Ordinance shall become
effective immediately upon its adoption.
The contractor, by and through its authorized agent, hereby
acknowledges that it has read all terms, provisions, and conditions
as set forth herein. The undersigned further acknowledges that it
is sophisticated in the matters set forth in this contract and has
had full opportunity to review, and seek independent legal advice
with regard to all matters set forth herein. Accordingly, the
contractor hereby accepts and agrees to all terms set forth in this
Agreement.
ST. LUCIE WASTE SERVICES, INC.
By:
The foregoing Ordinance was moved for adoption by Councilman
. The motion was seconded by
- 15 -
Councilman
the vote was as follows:
Mayor
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman George G. Reid
Councilman
and, upon being put to a vote,
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of . ., 1992.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST: 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 State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1992,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 16 -
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
March 20, 1992
Council Member Carolyn Corum
Kathryn M. O'Halloran
City Clerk
3/25/92 Agenda Items - History
In addition to a running computer index of all City Council
actions, my office keeps a catalogue list of all actions taken by
agenda number.
I have provided you with a list of those items, on the March 25,
1992 agenda, on which City Council has taken prior action. I
hope this will assist you in familiarizing yourself with those
items.
Please be aware that files on any agenda items are in my office
for your review.
92.009
Request for Proposal for Trash Collection - Exclusive
Franchise - 1/8/92 agenda - approved for advertisement -
2/26/92 agenda - award to St. Lucie - awarded subject to
staff review - will go back to Council per Manager -
Ordinance No. 0-92-09 - St. Lucie Waste Services - 1st
reading - 3/11/92 - public hearing set for 3/25/92
92.059
Golf Course Pro Shop Renovation Design Services -
2/12/92 agenda - Village Architects approved
92.044
Review Use of Proceeds of Golf Course Refunding -
Approximately S230,000 - 2/5/92 agenda - staff directed
to draw up conceptual plans for GC clubhouse
improvements and bring back to Council - 3/11/92 - P.
Jones presented conceptual and development program -
staff directed to bring back cost analysis
91.016
92.101
Report on City Fuel and 0il Storage Facilities - 90.293
- 1/2/91 agenda - Manager to draft letter of compliance
to HRS and go out to bid to correct violations -
2/13/91 agenda - Bid awarded to Empire Engineering
$16,350 - 3/13/91 agenda - additional funding approved
for tank removal at 3 city locations - $6,875 - 4/24/91
agenda - emergency item fuel tank leak - 5000 gallon
diesel tank - city garage - motions to authorize
contractor to remove tank - $3000 - and remove
contaminated soil - 5/8/91 agenda - Manager recommended
go out to bid - complete
91.012
92.102
David Fisher Application for Land Use Change and
Rezoning - Direct City Attorney to Draft Ordinances for
1st Reading and 1st Public Hearing on January 23, 1991
- 1/2/91 agenda - accepted - advertise 1/4 page on
1/15/9i - was done in error - rerun on 1/16/91 - 1st
reading and 1st ph on O-91-07 on 1/23/91 accepted for
transmittal to DCA ~ 1st reading of O-91-08 rezoning
accepted - hold for return of 0-91-07 - advertised 1/4
page 7/3/91 - 2nd ph on 0-91-07 and 1st ph on 0-91-08 -
7/10/91 - adopted
91.123
92.104
Review Proposed Security Alarm Ordinance - 5/1/91
agenda - 5/1/91 workshop - discussion - back to staff
for further review - file remains open per 9/4/91
Council action on pending list - 12/4/91 - ordinance
No. O-91-20 reviewed and amended - City Attorney to
redraft - no time certain
91.189
92.105
Direct City Attorney to Draft Ordinance to Amend
Land Development Code Section 20A-10.2.B.1 Re:
Appearance of Buildings - 7/24/91 - Attorney to draft
emergency ordinance for 8/7/91 special meeting -
Attorney advised that this not be enacted as emergency
ordinance and that in accordance with FS 166.041 the
ordinance requires two public hearings - ph set for
8/28/91 and 9/11/91 - 8/14/91 1st reading accepted -
8/28/91 1st ph accepted - 2nd ph scheduled for 9/11/91
- file remains open per 9/4/91 Council action on
pending list - adopted
92.043
Sebastian Grove Holdings, Ltd. (Rhodes) Application for
Annexation, Comprehensive Land Use Plan Amendment
and Rezoning - Review P & Z Recommendation and Direct
City Attorney to Draft Ordinances - 2/5/92 agenda - City
Attorney directed to draft - no time certain - staff
directed to look into 3/4 acre adjacent property
ORDINANCE NO.: 0-9 ~l-20
AN ORDINANCE OF THE CITY OF SEBASTIAN~ iNDIAN
RIVER COUNTY, FLORIDA~ CREATING A NEW CHAPTER
31 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, PERTAINING TO THE REGULATION OF
ALARMS AND ALARM SYSTEMS WITHIN THE CITY OF
SEBASTIAN, FLORIDA~ PROVIDING PURPOSE AND
SCOPE; PROVIDING DEFINITIONS; REGULATING
AUTHORITY TO INSTALL AND MAINTAIN ~LARM
SYSTEMS; PROVIDING REGULATIONS GOVERNiNG ALARM
BUSINESSES AND ALARM USERS; PROHIBITING
AUTOMATIC DIALING DEVICES~ REQUIRING AUTOMATIC
DEACTIVATION OF ALARM8~ PROVIDING REGULATIONS
GOVERNING FALSE ALARM~ ~UTEORIZING ALARM
MONITORING BY THE CITY~ PROVIDING FOR ALARM
USER PERMITS~ PROVIDING FOR REMEDIES AND
PENALTIES~ PROVIDING FOR APPEAL OF PENALTIES~
PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH~
PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING
FOR SEVERABiLITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida,
may lawfully regulate alarms and alarm systems; and
WHEREAS, the City Council of the City of Sebastian has
determined that false alarms endanger the lives of the citizens of
the city and of police personnel since responding to false alarms
on an emergency basis involves the hazard of high speed travel by
police personnel and removes said personnel from service, thus
endangering lives and property in the event of an actual police
emergency within the City; and
WHEREAS, the city Council has determined that in order to
avoid these hazards, alarm systems must be maintained and monitored
in a manner that ensures that false alarms will be kept to an
absolute minimum; and
WHEREAS, the establishment of an Alarms and Alarm Systems Code
is necessary in order to better promote and protect the health,
safety, welfare and prosperity of the public and citizens of the
City of Sebastian.
NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The Code of Ordinances of the City of Sebastian,
Florida, is hereby amended to create Chapter 31 to read as follows:
"CHAPTER
ALARMS AND ALARM
Sec. 31.1. Purpose and scope.
(a) Purpose. The purpose of Chapter 31 is to
protect the police services of the city from
misuse, and to protect the citizens from the
nuisance and danger of false alarms.
(b) ScoDe. These sections of Chapter 31
govern and regulate alarm systems, alarm
businesses, and alarm users; establish fees;
provide for issuance and revocation of
licenses and permits; and, provide for the
punishment of violations within these
sections.
ec.~__~. Definitions.
(a) Alar~ business means the business of any
person engaged in the sale, installation,
lease, maintenance, alteration, repair,
replacement, moving or servicing of alarm
systems, or who responds to or monitors such
alarm systems in or on any building, structure
or facility. It includes alarm system
contractors as defined in Section 489.505,
Florida Statutes. it does not include a
business engaged solely in the sale of alarm
systems.
(b) Alarm systems means any assembly of
equipment, whether mechanical, electrical, or
otherwise, arranged to signal the occurrence
of an unauthorized entry or any other activity
requiring urgent attention and to which police
are expected to respond. It includes the
terms "burglar alarm system', and "holdup alarm
system." It does not include fire alarm
systems, except where such systems are
combined with, or constitute, an alarm to
which police are expected to respond.
(c) ~ means a person who is in
control of any dwelling unit, building,
structure, or facility where an alarm system
is maintained.
(d) Automatio..~ialinu devic~ means a device
which is interconnected to a telephone line
and is programmed to select a predetermined
telephone number and transmit, by a voice
message, or code signal, an emergency message
indicating the need for an emergency response.
(e) False alarm means the activation of an
alarm system by other than a forced entry or
attempted forced entry to the premises,
requiring a response by the city police
department. It includes activation resulting
from improper installation or maintenance,
malfunction or mechanical failure, and
inadvertent activation of the alarm system.
"False alarm" does not include the activation
of an alarm by the following circumstances
outside of the control of the alarm user,
alarm business, or subscriber:
(1) Lightning;
(2) Violent weather;
(3) Telephone line malfunction; or
(4) Electrical power interruptions.
(f) ~ means any individual, firm,
association, joint venture, partnership,
estate, trust, business trust, syndicate,
fiduciary or corporation, and all other groups
or combinations.
(g) subscriber means a person who buys,
leases or otherwise maintains or operates an
alarm system and has an agreement with an
alarm business for the monitoring or servicing
of the alarm system.
Sec. ~. Authority to install and maintain
alarm systems.
No residence, business or other structure or
facility located within the city may be
equipped with an alarm system except as may be
authorized by this chapter.
Sec~ ~1-4. Alarm business lioense and
operation.
(a) No person shall engage in an alarm
business in the city except in compliance with
the following requirements. Every alarm
business shall:
(1) Be in compliance with all applicable
requirements of Chapter 489 of the Florida
Statutes.
(2) Obtain and maintain the applicable
occupational license required under Chapter 14
of this Code.
(3) Be responsible, along with the alarm
user, for obtaining all building permits
required under state law or the Land
Development Code of the City of Sebastian.
(4) Provide and maintain with the police
department at all times the name, address and
telephone number of at least one (1)
responsible person in the employ of the alarm
business who can be called in an emergency,
twenty-four (24) hours per day.
(5) Maintain a record containing the
name, address and telephone number of each
alarm user or subscriber for whom the alarm
business has rendered service within one (1)
year. The police department may obtain
information from the alarm business as to a
particular alarm user or subscriber under any
of the following circumstances:
a. Where authorized by the alarm
user or subscriber.
b. In an emergency, including the
response to an alarm.
c. Where the .police department
records do not contain accurate or current
4
information concerning the alarm user for a
premises where an alarm has occurred.
(6) Be capable of providing a response
to alarms within two (2) hours after
notification of an alarm, twenty-four (24)
hours per day.
Sec. 31-5. Alarm users.
No person shall install, maintain or operate;
or allow to be installed, maintained or
operated; an alarm system in or upon premises
under his or its control except in compliance
with the following requirements. Each alarm
user shall:
(1) Obtain, or cause to be obtained, all
building permits required under state law or
the Land Development Code of the City of
Sebastian.
(2) Obtain and maintain a valid, active
alarm user permit and alarm decal as provided
in section 31-11 of this chapter.
(3) Provide and maintain, or, if a
subscriber, cause his or its alarm business to
provide and maintain, with the police
department, at all times, the name, address
and telephone number of each alarm user, and
the name, address and telephone number of any
person, other than the alarm user, who can be
contacted in case of an alarm.
(4) In the case of alarm systems in
business premises, the alarm user shall also
provide or cause to be provided to the police
department the names and telephone numbers of
persons who have the authority to, and will be
responsible for, responding to an alarm within
two (2) hours after being requested to do so
by the police department.
31-6. Automatic dialing devices.
No person shall own, maintain or operate any
alarm system containing an automatic dialing
device programmed to make any connection with
any telephone installed in any Sebastian
Police Department, or City of Sebastian
facility.
5
Sec. 31-7. Deactivation of alarms.
(a) No alarm system shall be installed,
maintained or used unless it is capable of
automatically deactivating the audible signal
after fifteen (15) minutes for residential
alarm systems, or after thirty (30) minutes
for commercial alarm systems.
(b) Alarm systems which have already been
installed on the effective date of this
chapter shall have one (1) year from the
effective date of this chapter to be brought
into compliance with subsection (a) above.
After that date the police chief may relieve
an alarm system from compliance with
subsection (a) above, only upon application
prior to said deadline demonstrating hardship,
and establishing that reasonable alternative
measures have been taken to provide for
deactivation of the audible signal within
fifteen (15) minutes from the time the police
department notifies, or attempts to notify,
the alarm user.
Sec. 31-8. F&lse alarms; required reports and
oorrectlve action; fees.
(a) Upon response by the police department to
any false alarm, the alarm user shall be
liable for and shall be assessed the following
fees:
(1) First, second and third responses:
For a response to a false alarm at a premises
where no more than three (3) false alarms have
occurred within the preceding twelve-month
period, no fee shall be charged.
(2) Fourth response: For a response to
a false alarm at a premises where three (3)
false alarms have occurred in the preceding
twelve-month period, a fee of fifty dollars
($50.00) shall be charged.
(3) Fifth and succeeding response: For
a response to a false alarm at a premises
where four (4) or more false alarms have
occurred within the preceding twelve-month
period, a fee of seventy-five dollars ($75.00)
shall be charged. After the fifth response,
the police chief may order the alarm user to
disconnect the alarm system. It shall
thereafter be unlawful for an alarm user to
fail to disconnect the alarm system, or to
reconnect the alarm system until a qualified
alarm business has certified in writing to the
police chief that appropriate corrective
action has been taken.
(b) The police department may require any
alarm user to file a written report after any
response to a false alarm setting forth the
cause of the false alarm, if known, the
corrective action taken, whether the alarm
system has been inspected by a qualified alarm
service person, and such other information as
the police department may reasonably require
to determine the cause and to recommend
corrective action.
(c) For the purpose of collecting false alarm
fees, for ordering an alarm system to be
disconnected, or for requiring reports, the
city shall notify the alarm user by serving a
notice upon the alarm user (or an individual
in the household of the alarm user that is
fifteen (15) years of age or older) at the
alarm user's residence, if in the city; or by
serving the alarm user or other employee at
the alarm user's business premises. If the
alarm user's residence or business premises is
not in the city, the notice may be served by
certified mail at the address in the police
department alarm file, or last known address
of the alarm user. If the alarm user is not
also the owner of the premises, the owner
shall also be notified by residence service,
if located in the city, or by certified mail
if located outside the city. Alternatively,
service by publication may be made as
permitted by law.
(d) The notice required in subsection (c)
above shall state that the applicable fee
shall be paid, the alarm system shall be
disconnected, or a written report shall be
filed, as the case may be, within fifteen (15)
calendar days from the date of the notice,
unless the alarm user sooner presents his
objections or defenses in writing postmarked
on or before the fifteenth calendar day after
the date of the notice, or personally appears
7
at the police department between 8:00 a.m. and
5:00 p.m., Monday through Friday, on or before
the fifteenth day after the date of the notice
or some other pre-arranged and approved time,
to present objections or defenses to the fee
or action required in the notice. Upon timely
objection as set forth above, the police
chief, or a police officer designated by the
police chief, will receive such objections and
within fifteen (15) days of his/her receipt,
make a written determination and deliver same
by regular mail to the alarm user. In making
a determination, the police chief, or the
designated police officer, is empowered to
waive a fine or other action required on the
part of an alarm user pursuant to this
section, and not count a response as a
response to a false alarm for good cause,
including, but not limited to, a showing that
the alarm user or the alarm business has
voluntarily made a good faith effort to
determine the cause of the false alarm and to
take corrective action.
(e) The fees imposed by this section are
based upon the costs, or a portion of the
costs, incurred by the city in responding to
said false alarms and shall be deemed assessed
on the day of the response. Said fees may be
paid within fifteen (15) calendar days from
the date of the notice without interest.
Thereafter, any unpaid fees shall accrue
interest at the rate of twelve percent (12%)
per annum and shall become a lien on the real
and personal property protected by said alarm.
Upon the recording in the public records of
Indian River County of a notice of lien
setting forth the date of assessment, the
legal description of the property and the name
of the owner of the real property as it
appears on the tax roll, said lien shall take
precedence over any other lien against said
property, except for liens for taxes,
mechanics' lien and purchase money liens.
Said liens may be foreclosed against said real
and personal property by the city at any time
within ten (10) years after the date of
assessment of said fee.
8
~e_~. Appeal.
(a) An alarm user may appeal to the city
council a written determination of the police
chief, or police officer designated by the
police chief, refusing to waive a fine or
other action required of the alarm user by the
police department pursuant to section 31-8.
(b) An appeal shall be in writing, stating
the reasons why the written determination
should be withdrawn, and shall be made within
ten (10) days of the receipt by the alarm user
of the written determination. The city
council shall review the facts and
circumstances to determine whether this
chapter has been violated and shall make a
written determination whether good cause
exists to waive applicable penalties and
deliver same by regular mail to the alarm
user. In the event the city council affirms
the written determination of the police chief,
or police officer designated by the police
chief, the alarm user shall have three (3)
days following receipt of the written decision
of the city council within which to comply
with the written determination. The appeal of
a written determination pursuant to this
section shall suspend the effective date of
the written determination until the appeal has
been acted upon by the city council.
SeC. 31-10. Alarm monitoring by city.
(a) The city manager is hereby authorized to
provide connections to banks, savings and loan
associations and credit unions that are alarm
users making application for alarm monitoring
services, and to enter into service fee
agreements relating thereto, based upon a
reasonable schedule of fees consistently
applied and approved by council resolution.
(b) Nothing in this section shall impose upon
the city a duty to provide such connections,
or impose upon the city any liability to any
person for whom the city provides alarm
monitoring services, or to any other person.
Sec. 31-11. Alarms users permit.
(a) Prior to activating or maintaining an
alarm system, the alarm user shall complete
and submit to the Community Development
Department an application for an alarm user
permit on the application form provided by the
Community Development Department. The
application for alarm user permit shall
contain the following information:
(1) The name, address and telephone
number of the alarm user;
(2) The name, address and telephone
number of a person, other than the alarm user,
who can be contacted in case of an alarm, if
the alarm system is being utilized in a
residence;
(3) The name, address and telephone
number of persons who have the authority to,
and will be responsible for, responding to an
alarm within two (2) hours after being
requested to do so by the Police Department
with respect to an alarm system located in a
business premise or any other non-residential
premise;
(4) The name, address and telephone
number of any alarm company which services the
alarm user's alarm system, if any;
(5) The classification of the alarm site
as single family residential, multi-family
residential or commercial. For purposes of
this provision, the term "commercial" shall
include any alarm location that is'not located
in a .residence or structure utilized
exclusively for residential purposes;
(6) The purpose of each alarm located at
the alarm site, such as intrusion, robbery or
panic.
(b) A permit fee of Ten and No/100 Dollars
($10.00) for a new permit shall be paid to the
City at the time that the completed
application form is submitted for approval.
The permit fee shall be nonrefundable. The
Director of the Community Development
Department shall issue an alarm user permit to
10
an alarm user applicant unless the applicant
has failed to provide all of the information
required by the alarm user permit application
or has failed to pay any fine assessed
pursuant to section 31-8 of this chapter or
has had his/her/its alarm user permit
suspended or revoked by the City and the
violation causing the suspension or revocation
of the alarm user permit has not been
corrected or the period of suspension has not
expired. In addition, any false statement of
a material matter made by an applicant for an
alarm user permit for the purposes of
obtaining an alarm user permit shall be
sufficient cause for the refusal of the City
to issue an alarm user permit.
(c) Each alarm permit holder will be issued
an alarm decal by the Community Development
Department. Said decal shall be displayed in
a conspicuous place visible to the outside of
the premises covered by the alarm user permit.
(d) All alarm user permits shall expire upon
a change of ownership or control of the
premises covered by the alarm user permit.
(e) The alarm user permit is not transferable
by the permittee to any other person.
(f) The holder of an alarm user permit shall
notify the Director of the Community
Development Department of any change in the
information set forth on the alarm user permit
application within two (2) business days of
any such change. The Director of the
Community Development Department shall notify
the Police Department of the City of any such
changes within two (2) business days of
learning of such change from the alarm user
permit holder. No fees shall be assessed
against the alarm user permit holder resulting
from any such changes to the information set
forth on the then most current alarm user
permit application.
Sec. 31-12. Remedies ana penalties.
(a) Failure of an alarm business to comply
with the provisions of section 31-4 of this
chapter shall be grounds for denial or
revocation of an occupational license; shall
11
subject the alarm business to fines and
penalties before the Sebastian Code
Enforcement Board; and shall constitute a
public nuisance, abatable under the provisions
of Chapter 16 of this Code. Violations of
section 31-3 and subsections (1), (2) and (3)
of subsection 31-4(a) above shall, in
addition, constitute an offense against the
city punishable under the provisions of
section 1-10 of this Code.
(b) Failure of an alarm user, or any other
person, to comply with the provisions of
sections 31-3, 31-5, 31-6, and 31-7 or with
the terms of an order of the chief of police
as set forth in section 31-8(a)(5) of this
chapter shall constitute a public nuisance,
abatable under the provisions of Chapter 16 of
this Code, and shall, in addition, constitute
an offense against the city, punishable under
the provisions of section 1-10 of this Code.
(c) Failure of an alarm business, alarm user
or any other person to apply for and obtain
applicable licenses or permits, including
building permits, shall subject the offender
to all penalties provided in the applicable
sections of this Code or the Land Development
Code.
(d) Each day of violation shall constitute a
separate violation or offense.
(e) Ail remedies shall be deemed cumulative,
rather than exclusive."
Seotlon 2. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
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
12
"Ordinance" may be changed
appropriate designations.
· ectlon 4. SEVERABILITY.
jurisdiction shall hold or
to "Section," "Article" or other
In the event a court of competent
determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
~ctio~ 5. 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:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST: By:
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
13
W.E. Conyers, Mayor
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1991,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
14
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT: )
FIRST READING OF ORDINANCE 0-92-05 )
APPEARANCE OF SITES AND STRUCTURES )
Approved For Submi~
City Manager ........
Agenda Number: ~'/~'
Dept. Origin: Community Development
)
) Date Submitted: O3/17/92 (BCy~
)
) For Agenda Of: .... 03/25/92 .
)
) Exhibits:
) Ordinance 0-92-05
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of September 14, 1991, the City Council adopted
Ordinance O-91-22 providing criteria for evaluating the appearance of
sites and structures during the site plan approval process through the
Planning and Zoning Commission.
instead of just adding criteria to Section 20A-10.2(B), the Ordinance
inadvertently left out paragraphs 2, 3, and 4 within that existing
section of the code. The City Attorney has drafted the ordinance at no
charge to correct this language.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-92-05 and set public hearing
for April 22, 1992.
ORDINANCE NO. 0-92-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF SITES
AND STRUCTURES; AMENDING SECTION 20A-10.2B OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
CRITERIA FOR EVALUATING THE APPEARANCE OF SITES AND
STRUCTURES; 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, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that there is a tendency on
the part of some owners and developers to disregard beauty and
quality in construction and that there is serious danger that
construction of inferior quality and appearance, if allowed to
continue, will degrade and depreciate the image and beauty that the
City is striving to obtain, resulting in adverse consequences for
the entire City;
WHEREAS, the City Council has further determined that poor
quality of design in the exterior appearance of buildings, or in
the development and maintenance of structures, affects the
desirability of the immediate area and neighboring areas for
residential, business, industrial or other uses and, as a result,
impairs the benefits of occupancy of existing property in such
areas, prevents the most appropriate development of such areas,
produces undesirable conditions affecting the health, safety,
comfort and general welfare of the inhabitants of the City and
destroys the proper relationship between the taxable value of real
property in such areas and the cost of municipal services provided
therefor; and
WHEREAS, the city Council has determined that in order to
prevent these and other harmful effects, to protect the public
convenience and prosperity, to conserve the value of buildings, and
to encourage the most appropriate use of land within the City,
Section 20A-10.2B of the Land Development Code must be amended.
NOH, THEREFORE, IT BE ENACTED BY THE CITY COUNCIL OF THE CITY
OF BEBABTIAN, INDIAN RIVER COUNTYt FLORIDA, as follows:
Section~l. Section 20A-10.2B of the Land Development Code
of the City of Sebastian shall be amended to read as follows:
"B. Appearance of site and structures. Evaluation of
the appearance of a project shall be based on the
quality of its overall design and relationship to
the impacted area considering the following factors:
1. Harmonious overall desiqn. The exterior of
buildings and structures including mass, facade and
materials, shall be in harmony with the site and
general character of the impacted area. The
exterior of a building or structure shall not be
considered in harmony with the site and general
character of the impacted area unless the following
criteria are complied with:
a. The plan for the proposed building or structure is
in conformity with and, in general, contributes to
the image of the City as a place of beauty,
spaciousness, balance, taste, fitness, charm and
high quality.
ee
The proposed building or structure is not, in its
exterior design and appearance, of inferior quality
such as to cause the nature of the local environment
to materially depreciate in appearance and value.
The proposed building or structure is in harmony
with the proposed developments on land in the
general area, with the comprehensive plan for the
City, and with any precise plans adopted pursuant
to the comprehensive plan.
The proposed building or structure is appropriate
in relation to the established character of other
structures in the immediate area or neighboring
areas in respect to significant design features such
as material or quality or architectural design as
viewed from any public or private way.
The proposed building or structure is designed to
adequately protect unique site characteristics, such
as those related to scenic views, rock outcroppings,
natural vistas, waterways, and similar features.
Loca~iDn and screenin~ of mechanical e~uiDment.
utility hardware and waste storage areas.
Mechanical equipment or other utility hardware other
than antennas and stacks on roofs shall be
harmonious with the building or they shall be
located and/or screened so as not to be visible from
any public ways within the impacted area, except
3
within the Industrial District(s). Similarly,
refuse and waste storage areas shall be screened
from adjacent properties and public ways by
appropriate fences, walls or hedges, in cases where
dumpsters must be located in areas highly visible
from any public right-of-way, the planning and
zoning commission shall be authorized to require
appropriate vegetative or structure screening to
shield an unsightly condition.
Commercial and industrial actiY~.~.~ conducted in
enclosed buildinqs. All businesses, services or
manufacturing or processing shall be conducted
within completely enclosed buildings, if the
planning and zoning commission determines that a
demonstrated necessity exists for outside storage
or display due to the impracticality and
unreasonableness of enclosure of such services,
storage and display areas, in such case such
service, storage and display areas or yards shall
be screened by a continuous fence or wall by
landscaping and berm system so as to provide a
ninety percent (90%) opaque screen with a minimum
height of five (5) to eight (8) feet, unless the
.same is demonstrated by the applicant to the
planning and zoning commission's satisfaction to be
impractical and unreasonable.
4. Exterior lighting. Exterior lighting shall be
provided and shall be so arranged as to shield or
deflect the light from adjoining properties and
public streets."
Section 2. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. BEVERA~ILITY. 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.
Secti.o~..4. CODIPIC~TION. 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.
S~ction 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
5
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 Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(SE L)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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 , 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
7
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT: )
FIRST READING OF ORDINANCE 0-92-06 )
VOLUNTARY ANNEXATION )
)
)
Approved For Submittal By: )
City Manager )
)
)
)
Agenda Number:
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
Ordinance 0-92-06
03/17/92
03/25/92'
EXPENDITURE
RBQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of February 5, 1992, the City Council
reviewed the request from Sebastian Grove Holdings, Ltd. to voluntarily
annex approximately 18 acres of land within the City of Sebastian.
RECOMMBNDED ACTION
Move to approve first reading of Ordinance 0-92-06 and set the public
hearing for May 13, 1992.
ORDINANCE NO. 0-92-06
AN ORDINANCE OF THE CITY OF BEBASTiAN~ INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION~
ANNEXING A PARCEL OF LAND GENERALLY BORDERING THE
BOUTHWEBT BECTiON OF THE CITY, APPROXIMATELY 18.4 ACREB,
MORE OR LEBB, LOCATED DIRECTLY BOUTH OF BLOCK 339, TO THE
WEBT OF LACONIA BTREET, AND NORTH OF THE BEBABTIANRIVER
FLOODWAY~ PROVIDING FOR REPEAL OF ORDiNANCEB OR PARTB OF
ORDINANCEB iN CONFLICT HEREWITH~ PROVIDING FOR
BEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAB, the owner of the parcel of land described herein has
petitioned the City of Sebastian, Indian River County, to
voluntarily annex said parcel of land; and
WHEREAS, the City Council finds and determines that the land
proposed to be annexed is contiguous to the City and will not
result in the creation of any enclaves; and
WHEREAS, the City Council finds and determines that the land
proposed to be annexed constitutes a reasonably compact addition
to the incorporated territory of the City of Sebastian; and
WHEREAS, the City Council finds and determines that the
annexation of said parcel of property is in the best interest of
the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the following described real
property now lying and being in an unincorporated area of Indian
River County, Florida, is hereby annexed into the City of
Sebastian, Indian River County, Florida, and the boundary lines of
said City are hereby redefined to include said real property, which
is described as follows:
BEING that part of the Southeast ¼ of the
Northeast ¼ of Section 26, Township 31 South,
Range 38 East, Indian River County, Florida,
lying North and East of the following described
lands:
BEING an easement and right-of-way 200 feet in
width across the Southeast ¼ of the Northeast
¼ of Section 26, Township 31 South, Range 38
East, being 100 feet on each side of the
following described baseline as recorded in
Official Record Book 194, page 415 of the
Public Records of Indian River County, Florida:
BEGINNING at the Southeast corner of
the Northeast ¼ of aforesaid Section
26, run N41°42'15"W, a distance of
610 feet; thence run N53°52'05"W, a
distance of 600 feet; thence run
N73"42'05"W, a distance of 377.52
feet; thence run N53"50'05"W, a
distance of 92.13 feet, to a point
on the West boundary and 347 feet
South of the Northwest corner of the
aforesaid Southeast ¼ of the North-
east ¼ of Section 26, Township 31
South, Range 38 East, Indian River
County, Florida.
This parcel of land is generally situated south of Block 339,
west of Laconia Street and north of the Sebastian River FlOodway,
bordering the southwest portion of the City.
Section 2. FILING. A certified copy of this ordinance shall
be filed with the Clerk of the Circuit Court of Indian River
County and with the Florida Department of state.
Section 3~ CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
S_~ction 4. BEFERABiLITY. 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
2
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 take
effect immediately upon final passage.
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 Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
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 , 1992,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
FIRST READING OF ORDINANCE 0-92-07 )
LAND USE AMENDMENT FOR SEBASTIAN
GROVE HOLDINGS, LTD.
Approved For Submittal By,
City Manager
Agenda Number:
Dept. Origin: Community Development
Date Submitted:
For Agenda Oft
Exhibits:
Ordinance 0-92-07
O3/17/92
03/25/92-
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
At its regular workshop meeting of February 5, 1992, the City Council
reviewed the request from Sebastian Grove Holdings, Ltd. to voluntarily
annex approximately 18 acres of land within the City of Sebastian and
change the land use designation from County Rural to Sebastian's
designation of Low Density (LD).
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-92-07 and set first public
hearing for May 13, 1992.
ORDINANCE 0-92-07
]iN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPRE-
HENSIVE LAND USE P~ ~ING THE COHPREHEN~VE ~
U~E P~ ~P FRO~ ~~ R~ CO~Y R~ DI8TRICT TO
CITY LD (~OW D~ITY) DiB~CT FOR ~ 5OC~TED IN THE
· O~E~T SECTION OF THE CITY, ~PPROXI~TELY 1~.4 ~CREB~
HORE OR LES~, L~TED SOUTH OF BLOCK 339, WEST OF~CONI~
STREET ~ NORTH OF THE ~EB~ST~ RIVER FL~DW~Y~
PROVIDING FOR REP~OF O~~CES OR P~TB OF ORD~N~CE~
IN CO~L~CT H~TH~ PROVIDING FOR S~~ITY~ ~
PROVIDING FOR~ EFFECTIVE D~TE.
WHEREAS, the owner of the parcel of property described herein
has petitioned the City of Sebastian, Indian River County, Florida,
to voluntarily annex said parcel of property; and
WHEREAS, the City Council has found and determined that the
annexation of said parcel of property is in the best interest of
the city of Sebastian and have annexed said parcels into the City;
and
WHEREAS, it is necessary to amend the Comprehensive Land Use
Plan of the city of Sebastian to reflect the addition of this
parcel of property to the land area incorporated within the City
limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
PROPERTY. That the land use change enacted by the
adoption of this Ordinance shall apply to the following described
real property, now lying and being within the incorporated area of
the city of Sebastian, Indian River County, Florida:
BEING that part of the Southeast ¼ of the
Northeast ¼ of Section 26, Township 31 South,
Range 38 East, Indian River County, Florida,
lying North and East of the following described
lands:
BEING an easement and right-of-way 200 feet in
width across the Southeast ¼ of the Northeast
¼ of Section 26, Township 31 South, Range 38
East, being 100 feet on each side of the
following described baseline as recorded in
Official Record Book 194, page 415 of the
Public Records of Indian River County, Florida:
BEGINNING at the Southeast corner of
the Northeast ¼ of aforesaid Section
26, run N41°42~15"W, a distance of
610 feet; thence run N53o§2t05"W, a
distance of 600 feet; thence run
N73°42~05"W, a distance of 377.52
feet; thence run N53~§0~05"W, a
distance of 92.13 feet, to a point
on the West boundary and 347 feet
South of the Northwest corner of the
aforesaid Southeast ¼ of the North-
east ¼ of Section 26, Township 31
South, Range 38 East, Indian River
County, Florida.
Section 2. DESIGNATION. That the Comprehensive Land Use
Plan Map shall be amended to reflect a designation of LD (Low
Density) for the property which is the subject of this Ordinance.
Section .~., NOTIFICATION. That the City shall send a
certified copy of this Comprehensive Land Use Plan Map designation
change to the Department of Community Affairs of the State of
Florida.
CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 5..~ SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be
2
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.
Sec~iQ~ 6. EFFECTIVE DATE. This ordinance shall take
effect immediately upon final passage.
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 Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
The Mayor' thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(S L)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
I HEREBY CERTIFY that two notices of public hearing on this
Ordinance were published in the Veto Beach Press Journal as
required by State Statute, that two public hearings were held on
this Ordinance, the first at 7:00 p.m. on the day of
, 1992, followed by transmittal to the Department of
Community Affairs of the State of Florida, the second at 7:00 p.m.
on the day of
CI~yCou---~'.1992'i at which time this Ordinance
was
passed
by
the
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
FIRST READING OF ORDINANCE 0-92-08 )
ZONING AMENDMENT FOR SEBASTIAN
GROVE HOLDINGS, LTD.
Approved For Submittal By,
City Manager
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
Ordinance 0-92-08
O3~17/92
03/25/92
(BC~
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of February 5, 1992, the City Council
reviewed the request from Sebastian Grove Holdings, Ltd. to voluntarily
annex approximately 18 acres of land within the City of Sebastian and
change the zoning classification from County Agricultural to Sebastian's
designation of (RS-lO) Residential Single Family, 10,OOO square foot lot.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-92-08.
(NOTEs Public hearing will be set after the land use amendment is
received from the Department of Community Affairs)
ORDII~,NCE 0-92-08
AM ORDINANCE OF THE CITY OF BEB~d~TIAN~ INDIAM RIVER
COUNTY~ FLORIDA, PERTAINING TO REZONING~ RE$ONING CERTAIN
PROPERTY IN THE SOUTHWEST SECTION OF THE CITY, APPROXI-
I~TELY L8.4 ACRES, NORE OR LESS, LOCATED SOUTH OF BLOCK
339, ~ST OF L~CONIA STREET AND NORTH OF THE SEBASTIAM
RiVER FLOODWAY FROM COUNTY SONING DISTRICT AG-1 (AGRICUL-
TURAL) TO CITY ZONING DISTRICT RS-10 (SINGLE-FAMILY
RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABiLITY; AND PROVIDING AM EFFECTIVE DATE.
WHEREAS, the owner of the parcel of property described herein
has petitioned the City of Sebastian for an amendment to the Zoning
Ordinance; and
WHEREAS, the City Council has provided notice of the proposed
zoning change and conducted a public hearing to receive citizen
input; and
WHEREAS, the City Council has considered the criteria
identified in Section 20A-11.6.C. of the Land Development Code
together with the recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
section 1~ PROPERTY. That the change in zoning classifica-
tion created by the adoption of this Ordinance shall apply to
following described real property:
BEING that part of the Southeast ¼ of the
Northeast ¼ of Section 26, Township 31 South,
Range 38 East, Indian River County, Florida,
lying North and East of the following described
lands:
BEING an easement and right-of-way 200 feet in
width across the Southeast ¼ of the Northeast
¼ of Section 26, Township 31 South, Range 38
East, being 100 feet on each side of the
following described baseline as recorded in
Official Record Book 194, page 415 of the
Public Records of Indian River County, Florida:
BEGINNING at the Southeast corner of
the Northeast ¼ of aforesaid Section
26, run N41°42~15"W, a distance of
610 feet; thence run N53°52'05"W, a
distance of 600 feet; thence run
N73°42t05"W, a distance of 377.52
feet; thence run N53°50'05"W, a
distance of 92.13 feet, to a point
on the West boundary and 347 feet
South of the Northwest corner of the
aforesaid Southeast ¼ of the North-
east ¼ of Section 26, Township 31
South, Range 38 East, Indian River
County, Florida.
Section 2. DISTRICT. That the real property described in
this Ordinance is hereby rezoned from County District AG-1
(agricultural) to City Zoning District RS-lO (single-family
residential). The official City Zoning Map shall be amended to
reflect this change in zoning district.
Section 3. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 4. SEVEP~%BILITY. 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 take
effect immediately upon final passage.
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 Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of ~, 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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 , 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, C'~y Attorney
4