HomeMy WebLinkAbout07221992 City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: RESOLUTION NO. R-92-33 )
SPECIAL USE PERMIT: MULCHING AND )
BURNING FACILITY, HENRY A. FISCHER )
& SONS )
Subm~
Approved For
City Manager
Agenda Number: q~, / ?~
Dept. Origin: Community Development
(BC)~
Date Submitted: 07/16/92
For Agenda Of:
07/22/92
Exhibits:
1. Resolution R-92-33
2. Nash letter, 6/22/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Dr. Henry A. Fischer is requesting a special use permit from the City
Council to permit a mulching and burn site for landclearing debris located
at the west end of San Sebastian Springs. The location currently does
have a Preliminary Subdivision Plat, due to expire August, 1992. By
consensus at the June 3, 1992 workshop of the City Council, the City
Attorney was directed to draft a resolution for special use permit at the
above referenced site.
The public hearing for this special use permit is scheduled for the July
22, 1992 regular council meeting, and owners of properties within 200 feet
of the outer boundaries of the subject property were notified of the
public hearing, per Section 20A-2.6 Special Use Permits, of the Land
Development Code.
RECOMMENDED ACTION
Council is requested to review Resolution R-92-33, and approve the special
use permit for Henry A. Fischer & Sons mulching and burning facility, as
defined and conditioned within the resolution.
~FREsE. I~ASI-I ~ TOl{PY. P.~
ATtORNeYS ~T I~W
June 22, 1992'
JUN 2 i t992
930 S. ~o~ C~' B~.
Suz~r 505
MELBOU~E. ~O~DA 32901
(~07) 9~-3300
F~ (407) 951-374~
~o~
Bruce Cooper, Director of
Community Development
City of Sebastian
P.O. Box 780127
'Sebastian, FL 32978-0127
Re:
Proposed Resolution No. R-92-33
Special Use Permit for Fischer Mulching Operation
Our File No.: 88-2496
Dear Bruce:
I have enclosed with this letter proposed Resolution No. R-92-33.
Please review the enclosed resolution with the appropriate staff
members and advise me of any questions you may have or any
modifications you require so that the resolution can be finalized
for presentation to the City Council.
You may also wish to review the proposed resolution with the
applicant or his representatives before presenting the proposed
resolution to City Council for its consideration.
Very tru~ yours,
FRESE/?H & TORPY,
Cha/les ~T~n~ '%ash,
City Attorney
Poa.
CIN/mb
Enclosure as stated
cc: Robert S. McClary,
City Manager
w/copy of enclosure
~EBOLUTION NO. ~ ~-92-33
It RESOLUTION OF THE C~TY OF BEBASTIAN, INDIAN RIVER
CODNTY, FLORIDA, PERTA~ ~ T~ ~~N~ OF ~ ~PEC~
USE PE~T FOR ~ OPE~T~ON OF ~ ~UL~N~ ~ B~NG
FACILITY ~ P~U~ TO 8E~ZON 20A-2 · 6 OF
DE~P~ ~DE OF ~ CITY OF BE~TI~t FOR A T~
OF ~ ~PP~X~TELY 25.69 ~C~B IN ~IZE ~TED NORTH
OF CO~Y ~ 512, ~BT OF ~ BEB~TI~ RI~R~ ~ ~T
OF ~ ~STE~ CITY LI~TB~ ~TED IN T~ CITY OF
BEB~TI~, I~I~ RI~R CO~Y, F~RID~ ~ P~ViDING FOR
COMPLI~CE WI~ ~ ~QUI~~8 OF T~ ~ DE~P~
CODE OF ~ CITY OF SEB~TI~ P~VIDIN~ FOR T~
IM~SITION OF CO~ITIONS FOR ~ ISSU~CE OF T~ ~PECI~
USE PE~iT~ P~SCRIBIN~ A T~ ~N T~ SP~C~ USE
PE~IT EXPI~S~ P~VIDIN~ FOR
P~TS OF ~SOL~IONS IN ~LICT
SERVILITY C~USE ~ ~ P~VIDIN~ FOR ~ EFFECTI~ DATE.
~HEREAS, Henry Anthony Fischer, individual ly, ( "the
Applicant"), has applied for the issuance of a special use permit
for the operation of a mulching and burning facility on a tract of
land which is located in the
County, Florida; and
WHEREA~, the Applicant,
City of Sebastian, Indian River
and his representative,
have
with
participated in various pre-application discussions
appropriate members of the City staff; and
WHEREAS, the City staff has determined that the Applicant's
application for a special use permit should be approved subject to
certain conditions; and
WHEREAS, at its regular meeting on May 21, 1992, the Planning
and Zoning Commission recommended approval of the Applicant's
request for the granting of a special use permit for the operation
of a mulching and burning facility on a tract of land the Applicant
owns located in the city of Sebastian; and
WHEREAB, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
NHEREA~, the City Council has conducted a public hearing after
compliance with the provisions of Section 20A-2.6 D of the Land
Development Code of the city of Sebastian to afford the input of
comments and evidence from all interested persons, citizens and
affected persons; and
WHEREA~, the City Council has determined that the granting of
the special use permit to the Applicant will not be detrimental to
the public safety, health or welfare or be injurious to other
properties or improvements within the immediate vicinity in which
the Applicant's property that is the subject of the special use
permit is located, and will reduce the use of the Indian River
County landfill for disposal of land clearing materials; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, that is, the operation of a mulching
and burning facility, is consistent with the purpose and intent of
the zoning district where the Applicant's property that is the
subject of the special use permit is located and is similar in
'nature and compatible with the uses allowed in that zoning
district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBABTIAN~ INDIAN RIVER COUNTY~ FLORIDA~ that:
Sect~QD,,1. SPECIAL USE PERMIT. The application for the
issuance of a special issue permit for the operation of a mulching
2
and burning facility submitted by Henry Anthony Fischer,
individually, for the real property located at North of County Road
512, East of the Sebastian River, and West of the western Sebastian
city limits, in the City of Sebastian, Indian River County,
Florida, being more particularly described as follows:
"The West 475 feet of the North 2356.24 feet of the
Northwest one-quarter of Section 23, Township 31 South,
Range 38 East, lying West of the Sebastian River. Said
land situate in indian River County, Florida, and
containing 25.69 acres, more or less.
is granted, subject to the requirements and conditions contained
in this Resolution.
~ CONDITIONS OF APPROVAL ANDCONTINUATION OF THE
SPECIAL USE PERMIT. The approval of the city Council of the
application of the Applicant for a special use permit that is the
subject matter of this Resolution and the continuation of such
special use permit until its expiration (as provided for in Section
3 this Resolution) is conditioned on the continuous satisfaction
of, and compliance with, the following requirements by the
Applicant or his successors and assigns:
1. Compliance with the provisions of all applicable
federal and Florida statutes, rules and regulations, county
ordinances and the ordinances and resolutions of the City of
Sebastian, including, but not by way of limitation, all sections
of the Land Development Code of the City of Sebastian.
2. Securing all required permits from the Florida
Department of Environmental Regulation, and all other state,
federal, county and city agencies and departments.
3. Utilizing the private road
Applicant as Watervliet Avenue (also known
extension), which is owned by the Applicant,
designated by the
as the C.R. 510
for all vehicular
traffic associated with the mulching and burning facility.
.4. Obtaining and maintaining an occupational license
from the city for the mulching and burning facility.
5. Operating the mulching and burning facility in a
manner that does not create any smoke, glare or other visual
hazards in violation of Section 20A-5.15(C)(b) of the Land
Development Code of the city of Sebastian.
Section.~, EXPIRATION OF THE SPECIAL USE PERMIT. The Special
Use Permit granted to the Applicant pursuant to this Resolution
shall expire on such date that the subject property ceases to be
used primarily as a mulching and burning facility or on such date
as a building permit is applied for by the owner (or his or her
agent or representative) of a lot located within the subdivision
where the mulching and burning facility is located or on the two
year anniversary of the granting of the special use permit pursuant
to this Resolution, whichever date first occurs.
Section 4. CONFLICT. Ail resolutions or
resolutions in conflict herewith are hereby repealed.
parts of
Section 5. 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
4
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 Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section ~, EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member
Council Member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Peter R. Holyk
Council Member George G. Reid
The Mayor thereupon declared this Resolution duly passed and
adopted on this day of , 1992.
CiTY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
5
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Veto Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of
the City of Sebastian, Florida, that one public hearing was held
on this Resolution at 7:00 p.m. on the day of ,
1992, and that following said public hea~ing this Resolution 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
6
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FROM WiNN BROTHERS CUSTOM HOMES
Approved For Submittal By:
City Manager /~/~~~
) Agenda Number:
)
) Date Submitted. 7/02/92 f w
)
) For Agenda Of: 7/22/92
)
) Exhibits:
) Application for Tree Removal dated
) 07/02/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of May 22,
1991, the City of Sebastian Building Department requires a tree removal
permit to be obtained prior to removal of trees. The applicant, Winn
Brothers Custom Homes, is requesting removal of specimen trees on a
property at 257 Periwinkle Drive (Lot 1, Block 380, Sebastian Highlands
Unit 11). The trees are located in the proposed location for the house.
RECOMMENDED ACTION
Move to approve the removal of two pine trees over 20 inches in diameter
located on Lot 1, Block 380, Sebastian Highlands Unit 11.
PIIONE NO. ~
I certify that all the foregoi,9 information ia accurate and
that all work will be done in compliance with the Land
Development code i Arkicle XIV )
APPLICATION ~UST INCbU~j
1. On a s.rvey, locate all specimen trees (20 inch
dialneter or more). Indicate which trees to be
removed and/oF relocated, Indicate the
each tree. All specimen trees i20 inch diameber or
more) to be removed oF relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be
[elation to the removal of the specimen trees.
2, appliaant mUl~ tag &Il specimen trees with a bright
ribbon around the tree approximatel~ ~ feet above
the 9rads,
City of Sebastian
POST OFFICE BOX 780127 = SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 5B9-5570
~OTICE
Your project may be within habitat utilized by the Florida
Scrub Jay, a bird on the tederal threatened species list.
Therefore, the City of Sebastian recommends that before
initiating any development activity, including land
clearing, you contact the United States Fish and ~ildlife
Service (U~F~S) at (9e4)-791-2580 for required consultation
under the Endangered Species Act.
According to the USF~S. this consultation must occur because
of the requirements of the Rndangered Species Act {It U.S.C.
1~31-1543) regarding the' responsibilities in protecting
'endangered and threatened species. The ~ndangered Species
Act and implementing regulations found in 50 CFR Part 17.
"prohibit the 'take" of any endangered or threatened species
~ithout Fader01 authorization. Take is defined to include,
among other acti~ties~ the harassment or har~ing of
vildlife and plants regulated under the law. Further. en~
activity or o~ission, i~cluding disruption or modification
of habitat occupied by a threatened or endangered species,
which significantly alters the behavior or creates the
likelihood of injury or death, may constitute a violation of
the Endangered Species Act. 'Activity" in this context can
include, according to the USFW$, actions of local
governments.
The City of Sebastian has no authority to issue the permits
required by the Endangered Species Act vith regard to Scrub
Jays. The City of ~ebastisn's approval of your pro~ect
should therefore'not be construed to authori~e actions that
may violate the Endangered Species Act.
~q~i tcant
City of Sebastian
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FROM DIANE B. STUKUS
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Developme~~
(BC)
Date Submitted: 7/02/92
For Agenda Of:
7/22/92
Exhibits:
Application for Tree Removal dated
06/29/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of May 22,
1991, the City of Sebastian Building Department requires a tree removal
permit to be obtained prior to removal of trees. The applicant, Diane B.
Stukus, is requesting removal of a specimen tree on a property at 1779
Skyline Lane (Lots 20 &' 21, Block 405, Sebastian Highlands Unit 11). The
tree is located in the proposed location for the addition of a new
driveway.
RECOMMENDED ACTION
Move to approve the removal of one pine tree over 20 inches in diameter
located on Lots 20 & 21, Block 405, Sebastian Highlands Unit 11.
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
STREET ADDRESS: / T ~- ~ g ~ ~' ~.~/'.,~/~
LOT NO.: 25' { ,31 / BLOCK NO.: ~z5~ j'-
UNIT NO.: //
CONTRACTOR:
ADDRESS:
PHONE:
SUB-CONTRACTOR:
ADDRESS:
PHONE:
ZIP:
ZIP:
OWNER OF PROPE~RTY: /~, ~JT,/~ /~ ·
ADDRESS: / :! :Z 7' ~'^~ ~' / ~ ~, '~ L/i/
P.O E NO.: "'
Signature
APPLICATION MUST INCLUDE:
1.
I certify that all the foregoing information 'is accurate and
that all work will be done in compliance with the Land
Development Code ( Article XIV )
On a survey, locate all specimen trees (20 inch
diameter or more). Indicate which trees to be
removed and/or relocated. Indicate the species of
each tree. All specimen trees (20 inch diameter or
more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
Office Use Only
APPROVED FOR PERMIT: YE~: NO:
MUST OBTAIN CITY COUNCIL APPROVAL: YES:
IF YES, DATE OF CITY COUNCIL APPROVAL:
NO:
RESOLUTION NO. R-92-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTHEAST FIVE FEET
OF THE SOUTHWEST FIVE FEET OF LOT 26, BLOCK B, PALM
LAKE CLUB SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 13-47, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate,
abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The northeast five feet of Lot 25 and the southwest
five feet of Lot 26, Block B, Palm Lake Club
Subdivision, according to the plat thereof, recorded in
PBI 13-47, Public Records of Indian River County,
Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records
Indian River County, Florida.
of
SECTION IV
This resolution shall be in
immediately upon its passage.
full force and
effect
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this day of , 1992.
Kathryn M. O'Halloran, CMC/AAE
( SEAL )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County,
day of . , 1992.
Florida, this
Linda M. Lohsl
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
DATE: July 7, 1992
TC: Kathryn M. 0'Haltoran
City Clerk ~
FROM' Daniel C. Eckis, P.E
Cit.¥ Engineez/~u~lic ?ks Director.
RE' Abandonment of Easement - Northeast. (5) feet of Lot 25
and the Southwest. (5) feet of Lot-26, Block B, Palm Lake Club
? have reviewed the r~-~cuest for abandonment of easements and
do not have any objec:tions to the abandonment
the construction or placement of a single structure to be
~ ~ koth io
bu~l~ on ....
Should you re.~uire a.~ly further'~n~_.llltt..l~i.,"-<-n~ -''-,~ ~,]eas, e ~.~'~- - ~ free
%o con%act our office.
DE' !k
APPLICATION POR VACATION OP EASEmeNT(S)
(This request shall no be accepted Unless completed in full~
NANE: Eugene C, aM Audrey C, Dyke .
ADDRESS: 780483, Sebastian, Florida
TELEPHONE NO. ("07) 589-~809 TYPE OF ENTITY~+ Irdlvtdual
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS~
~ot # 25 and LOt # 26, Block B, Palm I~ke Club Suddivi~lon, Set. allan, ~lorida
~ttec~" deac~pti~ on 'attac~ment'k~ necessary)
DESCRIPTIVE LOCATION OF F. AS~MENT ?0 BE ~ANDONED~'
(This item to bm filled in by Building Official)
~ ~e~s+. ~,'u~ ~e~ o~ Lo+ ~ ~
TYPE OF EAS~NT: Utility
APPROXI~TE SIZE OF EASEMENT: . 13" feet in l?,ngth 10 F~n width each lot
TOtal ---~et ---2~F~e t
PURPOSE FOR REOUEST TO VASTEr C~sb~ne Tee ~o~n~ lots ~o one
~n~act~ hose ~n be p~c~ ~n t~e approximte ~lddle of the c0~b~n~
( ) 2.
(N/A)
( ) 3.
(N/A)
( ) 4.
(N/A)
(X) 5.
(Explain in'detail your need to release this easement)
! HEREBY CERTIFY that I, the Applioent, own the real proper~y on
which ~he easement i request to vacate exists, oF I am author{zed
to present this reque~%o vacate ~/%he owaer of %he real . ·
pr r~. ~~ /.. ~-
E~ene C, Dyke k~e~ C, D~ke
Come. ate Seal
Please Print Hame Here
A%tach he~eto the fol~owing:
(X) 1, Hep, plat, su~ey, or clear drawing at less~ 8 1/2" x
sho~ing the parcel of land on which the easement exists,
with parcel(s) of ~sna adjacent to the easemen~ requested
to be vacated. SNOW ~Z ~SEM~ CLEARLY ON
Complete legal descript~on of %he parcel of land on
the easement exists ~f tho full description cannot be
placed on the l~neo provided above for ~he description,
Wr[t2en authorization of the o~er of the parcel of land
on which the easement exis%$ ~f ~he applicant is no% tho
o~or +
IF iT IS NECESSARY TO GRANT SACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT XS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOHPLISH THE DEDICATION OF THE NEW EASEMENT,
Attach · check or money order payable %o "The C~%y of
Sebastian" upon submittal of this application to-the
Office of the City Clerk. This application fee is no%
refundable. The fee is $25.00. ~ ~e,~ ~'~-~L L
OTHER:
Audrey C. Dyke
Eugene C. Dyke
P.O. Box 78043
Sebastian, FL 32978
June 30, 1992
City of Sebastian
Sebastian, Florida
Gentlemen:
This is to authorize Mr. Carl Fischer of Palm Lake Club, Sebastian,
Florida to act in our behalf to vacate the easements between lot #
25 and lot # 26, Block B, Palm Lake Club.
Very truly yours,
I
150.00'
RESOLUTION NO. R-92-15
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE EASEMENT OF THE NORTH 6 FEET OF LOT 14, AND THE SOUTH 6
FEET OF LOT 13, BLOCK 192, UNIT 6, SEBASTIAN HIGHLANDS
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-96, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND
EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows':
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The north six feet of Lot 14, and the south six feet of Lot
13, Block 192, Unit 6, Sebastian Highlands, according to the
plat thereof, recorded in PBI 5-96, Public Records of Indian
River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this__day of , 1992.
Kathryn M. O'Halloran, CMC/AAE
( S E A L )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1992.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
2
I=PL
6290 SE Babcock St.
Palm Bay, Fi 32909
June 18, 1992
City of Sebastian
P.O. Box 780127
Sebastian, Fi 32978
RE: Release of Easement
Letter Dated 2/18/92
Lots 13 & 14, Block 192,
Sebastian Highlands, Unit 6
Dear Sirs:
Our objections to the abandonment of said easements as stated in the
letter (copy attached) has been resolved.
The City of Sebastian may proceed with the abandonment of easements
for the North six (6) feet of Lot l~Block 192, Sebastian Highlands
Unit 6, according to Plat Book 5 Page 93. Ail subsequent easements
would be unaffected.
If you have any questions, please call me at 589-6588.
Sincerely,
Dennis C. Pagano
Construction Services
DCP: sjh
an FPL Group company
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE ,(407) 589-5330 [] FAX (407) 589-5570
DATE: February 19, 1992
TO: Kathryn M. 0~Halloran
City Clerk ~
FROM: Daniel C. Eckis, P.
City Engineer/Public~rks Director
RE: Abandonment of Easement - North six (6) feet of Lot 14,
and the South six (6) feet of Lot 13, Block 192, Unit 6,
Sebastian Highlands.
I have reviewed the request for abandonment of easements and
I have no objections to this adandonment being approved,
for the installation of a storage building on the property.
Should you have any further information, please feel free to
contact our office.
DCE:lk
CITY OF SEBASTIAN
APPL~CATXON FOR VACATION OF F~SEMKNT(S)
~This reuq~_~ shal~ n_~o b__e ~cceDtsd unless completed tn ~ull~
*Individual, corporation, ~cL - If co~oration apply co,orate
LEGAL DESCRIPTION OF REAL PROPERTY ON WHIC~ EASEMENT EXISTS:
(Atthch descriPtio~ on attachment if necessary)
DESCRIPTIVE LOCA?ION OF EASEMENT ?O BE ABANDONED:
(This item to be filled in by Building Official)
~.¢ ,,Y' L,o-/ /3/ ,~/.,H,- ~
APPROXIMATE SIZE OF EASEMENT:. I/0 . feet in length /$[ ~n Width
~,uRPosE FO. REOUEST TO VACATE.'
(Explain in deta£~ your need to release %his easement)
,. ~, !i:' ~ ' ::'~' '~i~: i i":!~'~"i ';-
I HEREBY CERTIFY that I, the Applioan~, own' the rea! property on
which the easement I request to vacate exists, or ! am authorized
to present this request %o vacate by the owner of the real ,
2- ~z- ? z.._
Date
Corporate Seal
Please Print Name' Here
t~l.h h.r.to the following: '
Map, plat, survey, or clear drawing at least 8 1/2# x 1~#
showing the parcel of land on which the easement exists,
( ) 2.
(N/A)
( ) 8.
(N/A)
( )4.
( N/A )
( )$.
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWINg.
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of lend
on which the easement ex~sts if the applicant ia not the .
owner.
IF IT IS NECESSARY TO ORANT BACK ANOTHER'EASEMENT TO
REPLACE THE EASEMENT THAT iS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
Attach a check or money order payable to "The City o~
Sebastian" upon submittal of this application to the
Office of the Citq~ Clerk. This application fee ~a not
refundable. The fee is 825.00. '
( ) 6. OTHER:
ate (Re .tve ".W %ice
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST FOR WAIVER OF PERMIT FEES
FROM SAINT SEBASTIAN CATHOLIC
CHURCH
Approved For Submi~al B~:
City Manager
) Agenda Number: Cm~,O~/O
)
) Dept. Origin: Community Development
) (BC~
) Date Submitted: 7/13/92
)
) For Agenda Of: 7/22/92
)
) Exhibits: Letter from Reverend
) Timothy Sockol, dated 7-6-92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Saint Sebastian Catholic Church has requested a waiver of permit fees
for the remodeling of the interior of the parish hall and the rectory
office space at 13075 U.S. Highway 1. The fees for this project would be
$72.00.
RECOMMENDED ACTION
Move to waive the permit fees for Saint Sebastian Catholic Church for the
remodeling of the parish hall and rectory office at 13075 U.S. Highway 1.
SAINT SEBASTIAN CATHOLIC CHURCH
P, O. Box 781212 JUL 7 1992
Sebastian, Florida 32978-1212
(407) 589-5790 --
July 6, 1992
Building Department
City of Sebastian
Main Street
Sebastian, FL 32958
Dear sirs,
We wish to petition for a waiver of fees for the building
permits on the inside remodeling of the parish hall and the
rectory office space.
Thank you for your kind consideration and your assistance in
this matter.
Yours in Christ Jesus,
Rev. Timothy Sockol
Pastor
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r3 FAX (407) 589-5570
SUBJECT:
REQUEST FOR WAIVER OF PERMIT FEES
FROM ST. ELIZABETH'S EPISCOPAL
CHURCH
Approved For Subm~ .
City Manager
) Agenda Number: ~,~//
)
) Dept. Origin: Community Development
) (BC~
) Date Submitted: 7/16/92
)
) For Agenda Of: 7/22/92
)
) Exhibits: Letter from Rev. C.
) Robert Merola, Jr. dated 7/16/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
St. Elizabeth's Episcopal Church has requested a waiver of the building
permit and site plan fees to expand its facilities located at 901
Clearmont Street.
RECOMMENDED ACTION
Move to waive the building and site plan fees for St. Elizabeth's
Episcopal Church to expand its facilities at 901 Clearmont Street.
pis opa! hur h
The Rev. C.R. Merola, Jr,
Rober~ S. McOlary
Oi~y Manager
Ci~y of Sebastian
P,D. Box 7BD~27
HAND DELIVERED
Dear Mr. McClary:
St. Elizabeth's Episcopal Chruch is now preparing plans
to expand its ~acilities. We reepac~ffully request tha~ all
site plan and building permit fees associated with our expans-
ion progr.am be waived by ~he Ci~y oF Sebastian~ in accordance
with past City practice.
Your consideration of this request is very much appre-
ciated.
Sincerely Yours,
Rev. C. Robar~ Merol~, Jr.
Rector
901 Clearmont Street Sebastian, Florida 32958 (407) 589-2770
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Re-Bid Sidewalk
Install ati on
US Highway 1
Approved For Submittal By:
City Hanager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits=
Finance (LWN)
07-16-92
07-22-g2
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: None BUDGETED: REQUIRED:
SUMMARY STATEMENT
On Tuesday June 6, 1992, a bid opening was held for sidewalk installation on US
Highway 1. No bids were received. The specifications were modified and a re-
bid was scheduled for Tuesday July 14, ]992. Again no bids were received. The
sidewalks need to be installed therefore staff needs to proceed by negotiating
with local contractors for the sidewalk installation.
RECOMMENDED ACTION
Move to direct staff to negotiate a contract for the installation of sidewalks
on US Highway 1 and return to City Council for approval of the contract at a
later date.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Budget Calendar Revision
Approved for Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin
)
) Date Submitted:
)
) For Agenda Of
)
) Exhibits:
)
)
07-10-92
07-22-92
none
Expenditure Amount Appropriation
Required: -0- Budgeted: -0- Required:
By state law, the City is required to conduct two public hearings on the proposed
budget. The first public hearing is scheduled for September 2, 1992. The original
budget calendar adopted by City Council on May 13, 1992 indicated September 9,
1992 as the date of final public hearing on the 1992/93 budget to adopt the millage rate
and budget resolutions. Pursuant to Florida Statutes, municipal governmental units
budget hearing dates may not conflict with local school board or county governmental
budget hearings. In the event of a conflict of dates there is a priority order of
governmental units hearing dates, and the municipalities are at the bottom of that order.
For the second consecutive year, the county has scheduled their hearing date on the
same date as Sebastian's scheduled heating, even after they were called to inform them
of our hearing date. Accordingly, the City must change the heating date from
September 9, 1992 to another date that falls within the tight window of t/me as
prescribed by Florida Statutes. Staff suggests we move the hearing date to Thursday,
September 10, 1992 to accommodate these requirements.
RECOMMENDED ACTION
Move to schedule a special meeting on Thursday, September 10, 1992 at 7:00 p.m. for
the purpose of Budget hearing, adoption of millage rate and adoption of Budget
Resolution.
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
TO: Mayor
City Council
City Manager
City Attorney \
FROM: Kay O'Hallora~~
City Clerk
SUBJECT:
DATE:
Court Opinion
July 2, 1992
Please see attached two exhibits: Excerpt of Minutes, May 6, 1992
and a copy of a Resolution passed and adopted by the City of
Titusville.
This memo comes to you for informational purposes relating to a
very important matter. Would your concern on this item warrant
this being placed on a workshop meeting?
KO:is
attachments
City Council':Workshop
May 6,'1992
Page Eight
11.
CITY ATTORNEY MATTER~S
The City Attorney informed City Council that Jim
Fallace, who has handled the Elkcam Dam'~matter, had
left the firm, however, he recommended'that]the city
retain his services at the same rate. City"Council
concurred.
Mr. Oberbeck excused 9:55 p.m, to 9:§? p.m.'
The....Cit~ Attorney advised, 'i~..accordano~:~L~/a~:reoent
sp __~c. zoni.n~. _end comprehensive .lan~...use~ipla~ ..~'
amen~men=s ou=siae of public meetings':sfnc~,..inthese~
matters, Council acts in a ~udic/ary capac±t~.- .':~
CITY MAN~ER MATTERS
The City Manager advised City Council that he had
received a letter by fax dated May 4, 1992 from
Commun/cation Workers of AmeriCa advising that they
wish to begin negotiations with the cityfor the
contractWs third year and that he would notify them
that, since the second year is not settled and the
notice is four days late, the city is-not required to
sit down at the bargaining table for year three of
the contract.
12.
Following suggestion by the City Manager, City
Council concurred to try a less formal roundtable
discussion format with no action items and limited
public input at its next workshop.
INT~0DUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on ~e"Agenda -~ Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
None,
19. Being no further business, Mayor Powell adjourned the
workshop at 10:12 p.m.
Kathr~n M. O'Hallo~n, Ci~'Clerk
RESOLUTION NO. 3 8
A RESOLUTION OF THE CITY OF
SEEKING LEGISLATION THROUGH
TITUSVILLE, FLORIDA,
~GIS~TI~ DE~GATION ~I~ WI~ ~O~~.
CO~I~TION ~ST~IONS BE~EN E~ED OFFICI~
~D ~EIR CONSTI~E~S I~OSED BY ~CE~ CO~T
DECISIONS ~OM THE DIS~I~ CO~TS OF ~P~ OF ~
STATE OF F~RIDA; PROVIDING FOR DIS~B~ION ~D
EFFE~I~ DATE.
WHEREAS, recent
communication between
regarding important
variances, conditional
Court decisions have completely halted
elected officials and their constituents
community matters including rezonings,
use grants, code enforcement inquiries,
and similar quasi-judicial matters; and,
WHE~AS, these
personal contacts
constituents; and,
decisions impact written, telephone, and
between elected officials and their
WHEREAS, elected officials have become timid in their
responses to their constituents by reason of ~he potential
damage which will result to elected officials and the political
entities that they represent; and,
WHEREAS, the United States Constitution has always
envisioned free, open,'sterile, and Uncontaminated communication
between elected officials and their constituents; and,
WHEREAS, legislation is urgently needed in -the State of
Florida to restore and reopen communication channels between
elected officials and their constituents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TITUSVILLE, FLORIDA, as follows:
Section 1.
That the Brevard County Legislative Delegation study recent
decisions in the District Courts of Appeal of ~he State of
Florida toward the end that:
a. Decisions be consistently interpreted until
reversed or modified by legislative pronouncement.
b. Decisions and their impact be understood.
c. Legislation be advanced which reopens free,
sterile, and uncontaminated_ communication channels between
elected officials and their constituents.
d. Immediate action be taken to conscientiously
protect elected officials who are listening and communicating
with their constituents in good faith to advance the best
interests of their communities and the great State of Florida.
Section 2. Distribution.
That the deep-seated concerns of the City Council of the
City of Titusville, Florida, be shared with.Governor Lawton
Chiles, members of the House of Representatives from Brevard
County, Florida, and serving as a part of the Brevard County
Legislative Delegation, senators serving as a part of the
Brevard County Legislative Delegation, the County Commissioners
of Brevard County, each municipal entity within Brevard County,
the Florida League of Cities, the news media, and such others as
deemed proper.
Section 3. Effec~ive
This Resolution shall take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this ~ 3~ day of June" .
-- , 1992
Thomas R. Mariani, Mayor
ATTEST:
92.215
Plannin9 and Zonin9 Commission - Appointments to Member
Positions
1. Earl Shroyer appointed to replace Mahoney in 3 year
term to expire 6/22/95
Arthur Firtion appointed to fill unexpired 1st
alternate position vacated by Earl Shroyer - term to
expire 11/92
Carl Fisher/Howard Goldstein appointed to fill
unexpire-d 2nd alternate position vacated by John
Lindsay - term to expire 1/93
o~ (~0UNSW~L
Fr s . & TORPY.
ATTORNEYS AT LAW
930 S. I-IARBOR CITY
SU~?E 505
~IEI~BOUH2qE. F~Oi~DA 32901
(407) 9~-3300
F~ (407) 951-3741
T~o~
Robert S. McClarv
City Manager
city of Sebastian
P.O. Box 780127
Sebastian, FL
Re: Scrub Jay
Dear Robb:
32978
June 17, 1992
Based on a meeting that was held in Sebastian between State,
Federal and Local officials regarding the issues involving the
scrub jay habitat, I believe the following should be enacted to
protect the city of Sebastian from liability for violation of
State and Federal law.
First, the notice which has been prepared by Bruce Cooper, and is
attached hereto, should immediately be distributed to all persons
wishing to develop within the City of Sebastian. This notice is
to advise persons wishing to develop or clear land of the need to
inspect their land for potential scrub jay habitat.
Second, I have requested a map from the Game and Freshwater Fish
Co~is~ion, which has been prepared by Mr. Brian To!and, ~howing
all the known scrub jay habitat and nesting areas within the City
of Sebastian (copy of letter attached). After this map is
obtained, it is my proposal that the city of Sebastian adopt an
ordinance requiring, as a pre-condition to development, that any
person wishing to develop property within areas designated as known
scrub jay habitats, by the State's map, be required to first obtain
the necessary State and Federal permits.
It is my belief that this will only impact development in those
areas specifically designated as known scrub jay habitat. Further,
if we do not implement such a policy, the City will expose itself
to severe liability for violation of the Federal Regulations with
regard to disturbing these habitats.
Robert S. McClary
June 16, 1992
Page -2-
Accordingly, I would request that this proposal be presented to
City Council for their approval and authorization be given to
prepare the necessary ordinance. Bruce Cooper and I have discussed
this issue at length and he has most of the information that will
be necessary to inform Council of the liabilities that we are
experiencing. Of course, I would be happy to discuss this matter
with you at length. Also, I would be happy to attend a Council
meeting for purposes of explaining this issue to the City Council.
I have diaried my file for fifteen days for the purpose of
contacting you again to determine how you wish for me to proceed
with this issue.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lbg
CC:
Bruce Cooper
Charles Ian Nash
I TASH & Tom ,
Arrom~zes A? I~w
930 S. I:IARsOR OX~r"r BLVD.
SUX~ 505
~---II~I~BOURNE. I~01~OmDA 32901
(40~) 9~300
~ (40~) 951~741
t ~ Om~mo m
June 16, 1992
Mr. Brian Toland
Game and Freshwater Fish Commission
110 - 43rd Avenue
Veto Beach, FL 32960
Dear Mr. Toland:
This letter is to follow-up our meeting on June 9, 1992, in the
City of Sebastian, regarding the City of Sebastian's policy for
dealing with scrub jay habitat and nesting areas. As was concluded
at that meeting, it appears that the best course of action for the
City of Sebastian to take, for the purpose of protecting the scrub
jay habitat and nesting areas from harm due to development, is to
implement a two phase process.
The first phase, which is evidenced by the letter I have attached,
is simply to put all persons seeking any type of development permit
on notice of the requirements of the State and Federal agencies.
The second, which requires your assistance, is to identify known
scrub jay habitat within the City of Sebastian and require all
parties wishing to develop this area to first obtain State and
Federal permits, as required. Accordingly, I am requesting that
you forward to the City of Sebastian the maps you have been working
on which identify those areas within the City of Sebastian which
are known scrub jay habitat or nesting areas. It is my
understanding that you have been mapping these matters for several
years and have all of the biographical data which is necessary to
complete such a project. Further, it is also my understanding that
you have been conducting this work in conjunction with your
employment with the State Game and Freshwater Fish Commission.
Therefore, it is our intention to use this map due to the fact that
it is prepared by a State agency and, contains data which we can
rely upon.
Mr. Brian Toland
June 16, 1992
Page -2-
I would appreciate if you would give us a time frame in which you
can provide this information to us so we can determine when we will
be able to proceed with proper legislation to enact this policy.
If you have any questions regarding these matter, please contact
me.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lbg
Enclosure
cc: Robert S. McClary, City of Sebastian
Bruce Cooper, City of Sebastian
.., ;UI4 ~5 '92 08:~@ 407 5@9 $570
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 92978
TELEPHONE (407) ~89-~330 cl FAX (407) 589-5570
P.2/~
o,,Tz q
LOT
_.. , BLOCI( , UNIT~
Scrub Jay. a bird on the lederal threatened species l~s=.
Therefore, the City of Sebastian recommends =ha= before
initiating any development activity, including land
clearing, you contact the United States Fish and Wildlife
Service (USFWS) a= (904)-791-2580 for.required consultation
under the Endangered Species Act.
According =o the USFWS, this consultation must occur because
of she requirements of ~he Endangered Species Act (16 U.S.C.
1531-1543) regarding =he responsiblli=les in protecting
endangered and threatened ~pecles. The Endangered Species
Act and implementing regulations found in 50 CFR Par= 17.
prohibit the "take" of any endangered or threatened species
without Federal authorization. Take is deZined =o include,
among other activities, ~he harassment or harming of
wildlife and plan=s regulated under =he law. Fur=her, any
activity or omission, including disruption or modtfica~ion
of habitat occupied by a threatened or endangered Species,
which significantly alters the behavior or crea=es =he
likelihood o~ injury or death, may constitute a violation of
she Endangered Species Ac=. "Ac~iv~¥" in =his con%ex= can
include, according =o ~he USFWS, ao~ns of local
governments.
The Cl~¥ of Sebastian has no authority to issue the permits
required by the ~ndangered Species Ac~ with regard to Scrub
Jays. The City of'Sebastian's approval of your project
should ~hertfore not be construed to authorize actions ~hat
may violate the Endangered Spec~s Ac~.
Applicant
City of Sebastian Issuing Agent
i~RESE, NASlt & ToRP :, P.A.
July 16, 1992
Robert S. McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Newspaper Advertising, Legal Notices, "Newspaper
of Record"
Dear Robb:
This letter is in response to your inquiry dated July 2, 1992.
Through Mr. Holyk's letter, he has provided information with regard
to two newspapers, the Sebastian Sun and the Press Journal.
According to Mr. Holyk's statistics, the Sebastian sun reaches
approximately 45.2% of the households in the City of Sebastian and
has a circulation of approximately 3,100 papers. The Press Journal
reaches approximately 56% of the households in sebastian and has
a circulation of approximately 3,850.
The general requirements for legal and official advertisements are
contained in Chapter 50 of the Florida Statutes. Specifically,
Section 50.011 and Section 50.031 of the Florida Statutes set forth
various requirements for newspapers wherein official advertisements
can be placed. Generally speaking, to qualify, a newspaper must
be published at least once a week; containing at least 25% of its
words in the English language; entered or qualified to be admitted
and entered as second-class matter at a post office in the county
where published; for sale to the public generally; available to the
public generally for publication of official or other notices, and
customarily containing information of a public character or
interest, or of value to ~he residents or owners of the property
in the county where published, or of interest or of value to the
genera], public. Section 50.011 Fla. Stat. (1991). Additionally,
to qualify a newspaper must also have been in existence for at
least one year. Section 50.031 Fla. Stat. (1991). Finally,
Section 166.041 of the Florida Statutes also requires that notices
for adoption of ordinances and resolutions must be noticed in a
Robert S0 McClery
City of Sebastian
July 16, 1992
Page -2-
newspaper of general circulation in =he municipality. With regard
to the requirements of Section 166.041, a newspaper which meets the
requirements of Section 50.011 and 50.031 of the Florida Statutes
may be utilized for publication of notices pursuant to the
requirements of this section. Op. Atty. Gen. 90-67, August 17, 1990.
From the information provided to me with regard to the two
newspapers in question, it would appear that they both meet the
general requirements of Section 50.011 and Section 50.031 of the
Florida Statutes. Therefore, it is my opinion that either paper
may be used for legal notifications and publications within the
City of Sebastian.
Although I believe either paper will qualify for use for legal
publications within the City. There are certain types of actions,
when taken by the City, which require publication in daily papers.
This rule, however, is not the general rule. Therefore, it is my
opinion that you could use either newspaper, whether weekly or
daily, unless a specific statute provides otherwise.
If you have any further questions regarding this matter, please
me know.
Sincerely,
FR~.S~.~ NASH & TO.~.?Y.., P.A.
//4.-~ _-~ ..--'"
Richard E. Torpy
RET/
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
PLANNING & ZONING COMMISSION
APPOINTMENTS
Approved For S~ c
City Manager ~ .....
Agenda Number:
Dept. Origin: Community Development
(BC),~
Date Submitted: 07/16192
For Agenda Of,
07/22/92
Exhibits,
1. Memo from Planning & Zoning dated
7/7/92
2. 15 Applications of Prospective
Members
3. List of Planning & Zoning Members
& Terms
4. Mr. Lindsay's letter of
resignation received 7/16/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The term for regular member, William Mahoney, expired on July 6, 1992 and
has served over two (2) consecutive terms which, would not allow Mr.
Mahoney to be reappointed. The City Clerk's office has also received a
letter of resignation from John Lindsay for which his term would have
expired in January of 1993. The City is still waiting for Mr. Wadsworth's
letter of resignation and would recommend that no future action be taken
until receiving said letter. The Planning and Zoning Commission
recommended that Mr. Earl Shroyer be appointed to replace Mr. Mahoney's
position as a regular member with a new three (3) year term to expire June
22, 1995. The Planning and Zoning Commission has recommended Mr. Arthur
Firtion to be appointed as an alternate member to fill Mr. Shroyer's
unexpired term provided he is appointed as a regular member (term to
expire November 1992). The Planning and Zoning Commission has recommended
the City Council to make a final appointment for Mr. Lindsay's position
between Mr, Carl Fischer and Howard Goldstein (unexpired term until
January of 1993).
RECOMMENDED ACTION
Review all prospective applicants and make appointments accordingly.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 m FAX (407) 589-5570
Ha}~c:i-, and City
Hembe..-- Recc:mmenoiat ions
='ieas~, be advised that the
-
"-/ 1982 ' . ~,~le
their regular meebing o}~ ou~y
app!icatio:~s fop membe-'sl'iip t,o %he ioar-d as follows'
Prior- to making any recommendations
~ O~,~,~ON IO1"~e22%. z'ec'.oxm~ended tl~e, r. em.~_,vai w- ~, t~o membePs
~o.- thPee unexcuseo a~senc:es and r_,ecaase tN, ay aisc} no longer
foilowlng :.'er'-omanendai,' ,-',, ..... '
Hrs. Norm& 5}arnp t.c be e. ppoirt, e.d to fill N,r. Wadswor. Lh~s
. ~.nc .... s, 'a:-te.-.lpir. ed +..erin - tern: %0 ~J, lQ~.;i':"e' OtlIie
City of Sebastian
POST OFFICE I~OX 780127 o sEBASTIAN, FLORIDA $2978
TELEPHONE (407) 5~9-5~30 n FAX (407) 589-5570
TO:
FROM:
SUBJECT:
DATE:
City Board Members~x~
Planning & zoning
Kay O,Halloran~
City clerk
Application -William S. MahoneY
June 12, 1992
Attached is a application for William S. Mahoney for the
Planning & zoning Board-
Development Code Sec.20A-11.3- City planning and zoning
commission A. which refer~ tO reeppointment of 'a r~gular
member who has served his ter~.
Ko:is
attachments
c.c. William S. Mahone¥
CITY O~ ~BAs~AN
APPLICATION T__gO ~RVE ON CITY
HOME TELEP,ONR: ~
SU~INESS!
BUSINESS
Are you a resident' o{ the
Length o~ ResidenCY
Do you hold a public
10.
Do you sez~e on a City Board st present? Yes ~No
PLEASE CHECK THE BOaRD(S) YOU ARE INTERESTED IN SERVING ON:
11.
12.
13.
14.
15.
*BOARD OF ADJUSTMENT '"
CEMETERY COMMITTEE ------
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
PARKS AND R~CREATION ~/
*pLANNING AND zoNING --
HANDICAPPED COMMITTEE
16. What gualifi~tioh~ dO ydu h~ tO ~erve on thiB board?
~Jlaa~o~ involving moral turpitude in this or
one(s) you selected above? YeS ___~ No ~
I hereby certify that I ~a qualitied to hold the position
which thi~ applieS%loft i~ made. ~utth~t, I hereby
City of Sebastian to aftra,tigers ~h! truthfulneSS O~
information ~hich I have provided i~ %hi~,.applicetion.
removal. ~ -'
I understand that the ~it~ CoUncil o~ the Cit~ O~
suspend or remove from off/oS efl¥ munioipal boitd
malfeasance, misfeasance, neglected duty~
incompetence, or ps.anent in&~$1i~. %o perfo~
misdemeanor related %o th~ duties of his office
indicted or info,ed ~gafnst for ~e co. lesion'of any ~elony or
misdemeanor. '"
'I.hereby authorize ~he Sebastiah Police.DOpart~ont to ~un afl
active warrant check On me.
.
Sub~cribed and sworn t.p beE.ore me. this ~ ~ay o~ ,
(SEAL)
~otal~y 'PuBli~, state of Florid
~ane of N6i'try, ~rintea or Typed)
\ws-form\board.app
~n
.
3.
4.
5.
6.
7.
8.
9.
CITY OF SEBASTIAN
APPLICATION T__qO SERVE O_~N CIT~Y
NAME: NO MA UNE DAMP
HOME ADDRESS: 309 B~NEDICTINE TERRACE,
HOME TELEPHONE: 407-589-1810
BUSINESS:
RETIRED
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
SOCIAL SECURITY N~E~
DRIVERS LicENSE NUMBRR:
RESt~4E OF EDUCATION AND EXPeRiENCE:
SEE ATTACHED
if necessarY
10.
11.
12.
13.
14.
15.
or Submite=emus if available)
voter registrstion no. .
Length of Residency
Do you hold S public o~fioe?
LEASE C. ECK §OA D{
YeS X No__
4 yrs..lO months
Ye __ No X
*BOARD OF
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD -------
*CONSTRUCTION BOARD ------
PARKS AND RECREATION
*PLANNING AND ZONING __L
HANDICAPPED COMMITTEE ------
16. What qusliffc~tionS do you here to serve on this board?
~l~ties, facility planning ~or new development, employee~,
, d ex erience in mans ement
W . · the Plannin and
I ,
n I nave the
a d ' · - e- O V E R -
will be brought up De[or
the Board.
17. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
yes No
18~'~ Would you consider serving on another Board other than the
,?~ . ~n%(_ 's)< you selected above? Yes _X--- No
I'.'~'~;~ereby certify that I am qualified to hold the position for
which this application is made. Purther, I hereby authorize
City of Sebastian to invest/gate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the Cit~ of SEBASTIAN may
suspend or remove from office any municipal boar~ ~ember for
malfeasance, misfeasance, neglected duty, habitual drunkenneSS,
incompetence, or permanent inability to perfor~ hi~ official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for ~ felony or for a
misdemeanor related to the duties of his office or ~ho is
indicated or informed against for the commission o~ any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant chec~ on
My Commission
~f Florida
\ws-form\board.app
2
EDUCATION
Gran~nar School - East Topeka Jr. High - 3 Yrs
Topeka, KanSas
High School - Van Nuys High School - 3 Yrs
Van Nuys, calif.
Trade, Business School
Development and Operational Policy
University of Michigan
Marketing and Manpower Planning
Kansas Univ~rsity
Manpower planning - Budget Analysis - Labor Dollars
Cost Code Components
GTE and American Management Association
GTE Trainin~ School
- InstrUctor - taught
Conflict of Interests - Policy, Guidelines,
Definitions & Responsibilities
Facility Planning for New Pev~lopm~nt - City & County
Mamagement by objectiv~ .- Ttme Management
Ten years experience with CWA - IBEW Unions
contract Negotiations
Labor Grievances
HI~OR¥ O~ B~r~O~
JOB TITLE
FIRM OR ORGANIZATION
Fro~
To
Office Supervisor
Office Manager/(~-mer
Pacific Telephone & Telegraph-Calif.
Muskegon General Tire Company-Mich.
Sept 1946 Feb 1955
May 1957 March 195
April !970 March 197
Legal Secretary Marcus, McCroskey, Finnuken & Libner
Service Accts. Adminis%rator Michigan Bell
Security officer
Service Representativ~
Retail Sales Administrator
Training Instructor
Division Service Mg_r.
Division Manager
Division Manager
Sept 1960
Nov 1963
Pinkerton-Security-Muskegon cry Airport Sept 1972
Michigan Bell -Part time
GTE of Michigan-Muskegon
GTE of Michigan-Muskegon
GTE of Michigan-Alpena
GTE of Michigan-Adrian
GTE of Ohio _Bellevue/Norwalk
June 1975
March 1977
March 1979
Oct 1979
Feb 1981
Feb 1983
Nov 1961
May 1972
May 1973
jan 1977
March 19'
Oct 1979
Feb 1981
Feb 198~
April 1~
retired
BIOGRAPHICAL DATA
PROFESSIONAL SOCIETIES OR BUSINESS ORGANIZATIONS
Member of Zonta Club - Membership Co~nittee - Adrian MI.
Board of Directors - United Way - Adrian MI.
Board of Directors - Chamber of Co~rc~ - Adrian MI.
Board of Directors - Chamber of Co~nerce - Bellevue Ohio
Board of Directors - Chamber of commerce - Norwalk Ohio - Co~nlttee Chairman
Board of Directors - American Red Cross - Adrian MI-
CIVIC ORGANIZATIONS AND SERVICE CLUBS
Treasurer on Executiv~ Board of Directors - (JA) Junior Achievement-AdrianMI
Chairman of sponsorship Committee - Junior Achiev~ment - Adrian MI
Executiv~ Board of Directors - Croswell Theatre -Adrian MI
Present - Membership Chairman - Sebastian Property Owners Association
E~3CATIONAL, POLITICAL, GOVE~AL OR APPOINTIVE POSITIONS
Member of The President's Cabinet-Siena Heights College-AdrlanMI
Member of President's Co~unity Advisory Council-siena Heights College
Member of Adrian College Board of A~sociates-Adrian MI
Board of Directors (EDC) Economic Development corporation-AdrianMI
Board of Directors (EDC) Economic Development Corporation-Bellevue Ohio
Hobbies or Favorite Pastings - Golf & sailing
AME:
APPLICATION T__~E~ O_~N CITY BOARD
(use additional sheets if neceSsar~ or su~mit'~esu~e ~'f available)
10.
11.
12.
13.
Voter registration no. ~ {O~O
Are you a resident of the City?
Yes/No .,,
Length of ReSidency ~7- ~-~
Do you hold a public office?
14. Do you serve on s Ci~ Board a% present? YeS/No
15. PLEASE ~E~ THE ~Ok~(~) YOU
"1")
*BOARD OF AD~STMENT CEMETE"Y Co~ITTEE
*CODE ENFORC~ENT BOARD *CONSTRUCTION BOARD *PLANNING A~ ZONING
~NDICAPPED CO~ITTEE
~6. What g~ific.i?n~ ~O you h~-
~, - O V E R
17. Have you ever b&eh conVic%e~ o~ any felony or
misdemeanor involving mo=el tur~itude in this or any
Yes No
I hereby certify that I .~ ~alified to hold the position for
which this applicetioB i~ mad%~ ~ur%her, I h~r~T .au%hori~ %h~
city of Sebastian to inve~tigat~ the truthfulnes~ of all
information which ! have p~ovid~d in %his application.
understand that an? misrepresentation or omission of info~tion
requested in this application is cause for disqualific~tion Or
removal.
I understand that the CitT Council of %he City of S~kSTI~ may
suspend or remove from office any municipal board
malfeasance, misfeasance~ neglected dutT, habitual
incompe~ence, or pe~anen~ inabili~ %o perfo~ hi~
duties. Further, I unde~%and ~ha% %he Ci~ Co~cil ~a2 .u~p~nd
any municipal ~ard member who is arras%ed for a felony
misdemeanor rela~ed ~o ~he duties of his office or ~ho
indicated or info,ed agai~ for %he co~ission o~ any felony
misdemeanor.
I hereby authorize the Seba~a~'~l~e~Depar%ment
active warrant check on
A~nt Signature
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
S~~bed and Sworn to (or 8~~d) be~e ~ ~i~~
\ws-form\application
day of
No.~
...... . (Name of No%a~, Printed or ~ed)
My Co~i99ion Expire~:
. BUSINESS:
5. BUSINESS ADDRESS:
BUSINESS
SocIAL SECURITY NUMBE~
DRIVERS LICENSE NUMBER:
(use additional sheets if necessary or submit resume if a~aiiable}
10.
11.
12.
13.
14.
15.
~:he Cf%Y?
Voter registration no.
Are you a resident of YeS F No__
Length of Residency
Do you hold a public o£ficO? YO~ No_~_
Do you serve on · City Board at present?
Ye~ ~ No
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED iN SERVING oN:
16.
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
PARKS AND RECREATION
*PLANNING AND ZONING ,,~
HANDICAPPED COMMITTEE ,,
What qualifica~ions do you have %0 ~erve on this board?
E R
17. Have you ever been convicted o£ any £elony or a y ,~y~ ~*¢
misdemeanor involving moral turpitude in this or any State~,l;~J£/~
Ya~ No_X_
18- Would you consider serving on another Board other then the
one(s) you selected above? . Yes ____ No Y~
I hereby certify that I ~m guaii£ied to hold the position for
which this application i~ ~a~' ~uz~her, i'hereb¥ a~fhorize the
City of Sebastian to investigate the truthfUlnesS of all
information which I have provided in th~s applic~tion. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualif~c~tion or
removal.
I understand that the City CoUncil of the Ci%~ of sEBASTIAN
suspend or remove from office any municipal board me~ba~ ~o~
malfeasance, misfeasance, neglecte~ du~, habit~l
incompetence, or pe~en%n~ inab~li~ ~o p&=~o~ ~
duties. Further, ~ und~S~d %he% %he Ci~ Co~cil ~&~
any municipal b0ara $&~be~ ~o ~ a~e~%ed ~or a ~elOn~ o= ~or a
misdemeanor related to.the duties el his offic~ Or ~ho i~
indicated or'info'ed %~ain, t ~o~ th~ collation O~ ~ feio~y or
misdemeanor. ~ . ....
I hereby authorize the sebastian Police Department to run ~n
active warrant check on
Subscribed 'and sworn to
to ne or has produced
(SEA~)
No~y public, .~,x,
Nane of Noatry, Printed or ~d)
\ws-form\board.app
Commission No.
.
3.
4.
5.
6.
7.
8.
NAME
APPLICATION T_qO S._~RV~E O_~N CITY .BOAR____~D
.>
HOME TELEPHONE:
BUSINESS' ; o ~,~
'
BUSINESS ADDRESS:
BUSINESS TELEPHONE~-
(u~e ~ddi~ional sh~et~~ ii
10.
11.
12.
1~.
socz~ SECURITY mmm~:
DRIVERS ~ZC~NS~ mJMi~S~: ~6 O -/2/-
RESUME o£ EDUCATION AND ~XPERIENCE: ~¢~(~
necessary or'"'suS~i% resume if aVa~lAbie)
Voter registration
Are you e resid~n% of
Length of Residency
Do you hold a public office? ~__ No~
14. Do 2ou serve on · city ~oard at pre~ent? YeS
(Please n~ber in o~de~ o~ pre~e~nce wi~h fir~% Choice being
· BOARD OF AD~S~E~
CEMETERY CO~ITTEE
· CODE ENFORC~E~ ~O~RD .
· CONSTRUCTION BOARD
· PLA~ING A~ ZONIN~ ~ ........
HANDICAPPED CO~ITT~E
16. What qualff~cS%fon~ do you have, to se~
on %hie board?
- 0 V E R -
Yea ____ No ~_
which this application is made. ~urther, I hereby authorize fha
City of Sebastian to inveotigate the truthfulne*~ of
information which I have provided in %hi~ application.
understand that any ~i~repre~antation or omig~iOh of infor~%io~
requested in this application i~ cause for diO~alifica%ion
removal.
I understand thai the City Council of the Cit~ o~
suspend or remove from office 8n¥ ~unioipal board
malfeasance,.migfea88Aoe, neglected duty, habit-~al
incompetence, or pe~en% inabili~ %o pe=~o~ hi0
dutiee. Further, I um~e=,t~ that %he ci~ Co~eil
any municipal ~ar~ ~e~ ~ho ia a~rea%ea ~o~ ·
mi~demeamor relate~ to %he ~uti0e ~ hi~ o~fice ~
indicated or in~o~ed a~aima% {or ~he c~is~ion
misdemeanor.
I hereby authorize ~he Sebaotian ~olice Depar~h% %0 ~un a~
ApPi~an%' Si~a~re
STATE OF FLORIDA
COUNTY OF INDIAN RIVER ~
" /)~J) day of
who~ ~s/~e pe=s~ut~y ~no~ =o me o= nas
as iden~i~ica~ion.
My Co~ission Expires:
%ws- form~ application
2
CITY OF SEBASTIAN
APPLICATION TO SERVE ON CITY BOARD
HOME TELEPHONE~
BUSTNESS: ~ E 7-/13
RECEIVED
I1 ¥ 28 199 -
CII'Y CLEI{K'$ ....
OFFICE
5. BUSINESS ADDRESS:
6. BUSINESS TELEPHONE:
7. SOCIAL SECURITY NUMBER:
8. DRIVERS LICENSE NUMBER:
9.
RESUME OF EDUCATION AND EXPERIENCE
£ ~ ~.~c,,.-,"/.-.~,,v.",4
(use additional sheets if necessary or submit resume if available)
10. Voter registration no. ~_%/-/? co
11. Are you a resident of the City? Yes/No
12. Length of Residency
13.
Do you hold a public office?
Yes No/
14. Do you serve on a city Board at present? Yes No/
15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice being
16.
*BOARD OF ADJUSTMENT CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING AND ZONING/
HANDICAPPED COMMITTEE
What qualifications do you have to serve on this board?
?- ~ ..'.-~-~ >.'~-~/~ ~ ~ ~. ,x:j F'/./C~--- ~-'~ ;~ ~/~ j/~,. .~-. ....
- 0 V E R
Have you ever been convicted of any felony or any
~'fsdemeanor involving moral turpitude in this or any state?
Yes .No
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
Applicant Signature
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Subscribed and sworn to (or affirmed) before me %his ~~
who is/are persOnally k-n-~n to m~ 0r~ave produced''
~/, ~~ h~l~ as identification.
( SEAL )
\ws-form\application
day of
Notary Public, Commission No.~O~
(Name of Notary, Printed or typed)
Notary Public, State ~ Florida
NO,AI~¥ PUBLIc. STATE OF FLO/{IDA.
~¥ COMMISSION EXPIRES: AUG. ,?.. ~994.
2
.
3.
4.
5.
6.
7.
8.
NAME:
HOME ADDRES$~
HOME TELEPHONE:
BuSINESSt
(407)
Retired
BUSINESS ADDRESS: -
BUSINESS TELePHONEr
SOCIAL SECU~I~
DRIVERS LICENSE
9. RESUME OF EDUCATION ~WD EXPERI~'NC~: educa~i~n - ~ yea - ihcludas
~ence - retired USN CPO ~pereonnel
managed personne~/gene~e~ edmOnds'ethiCon
. ~ : ..... ~ ' ,, ·
10. Voter registra%fOn no.
11. Are you a resident o~ %h~ Cf~? X~ x No
12. Length of Resfdenc~
13. Do you hold a public office?
14. Do you se~e on a ct~ Board a% p=ooen%? Yes__ No x
15. PLEASE ~ THR ~O~($) Y~ ARE
· BOARD OF ~S~E~ "
CEMETERY Co~ITT~
· CONSTRUCTION BOARD
HA~ICAPPED CO~ITT~E
Administrative and ma.agmm~e a~perience -- about 38 yeere. ,,
Ability ~o compre~ehd m~d analyze Fm~tm m~d ~e~e decie~o~
ability to m~preae amd lUppert ~hoae declmione. ,,
- 0 V E E -
.{continued) oF mmnegement perFormmnce -- r£nencxa~ a~,~ u~,, ·
Presented documented Findtngm end reoommmndetlmn~ to top menege~ent ·
and exemuted mpproprimtml¥.
17. Have you ever bean convic%~d of any £elony or any
misdemeanor involving mcr81 t~Ax-pi%ude i%thiS or any eta%e?
es ___No x___
I hereby cer%if~ %hat I ~mgualifi%d %0 hold %he poeition {or
which this
Cit~ of Sebastian %0 inve~ti~ata %he t~%hfulnesS o~ 611
removal.
! understand fha% %.he Ci~T Council o~ the
duties. ~u~hez, X ~ae~a.S %ha~ ~he ci~ ~il ~a~ ~u~pen~
an~ municipal ~a~8 m~b~ ~o i~ a~rem~eS ~o~ a ~eim.2 o~ ~or a
misdemeanor.
I here~ au%horize %he Bebaa%i~ pol~e~'"~pa~n%
STATE OF FLORIDA
COU.TY O~ I.Pi~ RIVER
~~~-yZl ~Y~/~ aa l~entl~ma~xon.
\ws-£orm\application
My Commission Expires:
2
CITY OF SEBASTIAN
APPLICATION TO SERVE ON CITY ~OAR____~D
2. Ho,E ~DRESS:~
3. ,OME T~LEPHO"~:. JF,F
5. BUSINESS ADD~ESS ~
6. BUSI~SS TELEPHO~:
7. soc~ .~.~ ~~=
~-~na~ shee=s ~
~. Are you a remiden% o~ ~he
12. Length of Resid.-c~ 3 '~/q,~
13. Do you hold a p~blic offic~? ~__ ~o~
14 Do you se~e on · ci~
~5 PLEASE C~ECK T~E ~OA~P(S) YOU
· BOARD OF AD~S~E~ "
CEMETERY CO~ITTEE
· COD~ ~NFORC~E~ BOARD
· CONSTRUCTION BOARD
PARKS ~D R~CR~ATION
· PLYING ~ ZONING
HAND I CAPPED CO~ITTE~
. qualifications do you have to se~e on this board?
16 What
- 0 V E R -
17. Have you ever beefl convicted Of any felony o~ any
misdemeanor involving m~ra! tur~itudd im this or any
18. Would you consider Serving on another ~oard other than the
one(s) you selected above? Yea No .~
I hereby certify that I am qualified to hold the po~ition
which this application iS ~ade. Further, ~ hereby authorize the
city of Sebastian to inve~i~ate the truthfuln~S~ O~ all
information which ! have p~vided in this application.
understand that any misrepresentation or omission of
requested in thi9 aPPlication is cause for disqualification
removal.
I understand ~ha~ the ¢i%y Council of the Cit-f O~ ~?~A~ ~ay
suspend or remov~ £rom o~ic~ any ~unicipal board ~bs~ ~o~
malfeasance
· ncompetence~ or permanent inabili~f ~o per~o~ ~s of~i0ial
duties.
any municipal boa~8 ~b~ WhO i~ arrested ~or a ~eiofl~ o~ ~or a
misdemeanor related ~o the duties of his of~iee ~F cbs is
indicated o~ in~o~6d a, ainst ~or ~he co--lesion O~ a~y f~iony or
misdemeanor.
active warrant ~haCM
.~or nas produced~_~_ ~_'. -_ -~ ~- aa id~nti~icaeion.
( . ] ~ ~~
\ws-form\board.app
. NAME:
2. HOME ADDRESS:
3. HOME TELEPHONE:
4. BUSINESS:
5. BUSINESS ADDRESS:
voter re i,tration no.
Are you a residen~ o~ %he City?
Length o,f
Do you hold s public office?
10.
11.
12.
13.
14.
15-
/
Do you serve on · City Board at present? Yes., No_~__
PLEASE CHECK THE BOaRD(S) YOU ARE iNTERESTED IN $£RVINO ON:
*BOARD OF ADJUSTMENT.
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD ,,
PARKS AND RECREATION /
*PLANNING AND ZONING %" "
HANDICAPPED COMMITTEE
16. What qualifications do you hav~ to serve on this board?
- 0 V E R -
17. Have you ever been convioted of any felony or
.~i,_~demeanor involving sor~1%urpitud~ i~ thi~
No
· ~, ~.. YeS
· :.18..":~ould you consider serving on another Bo~Td other than the
W'O~ne,(~) you selected above? Yes __No
hereby certify %h~% ! ~ q~Blifi~ to ~01~ ~h~
info~a%ion which I hav~ Drovi4e4 in %his a991ic8%ion. I
underskand that any misregre~en%~ion or omission of info~a%ion
removal.
I understand that the City CoUncil of the Cit~ Of gEaA~TiAN
suspend or remove from o£fic~ ~ny municipal board ~e~b%r for
malfeasance, misfeeeence, neglected duty,
incomgetence, or ~erman,nt in~bility to per~o~ hie o~fici81
duties. Further, I undere~and tha~ ~h~ Ci~ council
any municip~l botrd ~b~ ~ho is irres~ed
misdemeanor related ko the dutie, o~ his o~ic~
misdemeanor.
I hereby authorize the Sebastian Police Department to r~n an
active warrant check on
(SEAL)
\ws-form\board.app
CiTY OF E~BASTIAN
ApPLXGATION TO S~RVE ON CITY
2. HOME
3. HOME TELEPHO~!~
11. Are ~ou a r~sid~nt of %he Ci~? Ye~/ No
13. Do you hold ~ ~d~lic office?
14. Do you se~e on a Ci~ Board a% presen%? YeS, No~
15. PLEASE CME~ THE BO~D(S) YOU ARE I~ERESTED IN SERVING oN:
*BOARD OF AD~STM~NT-
C~METERY CO~ITTEE
*CODE ENFORCEME~ BOARD *CONSTRUCTION ~OARD
PARKS ~D RECREATION
*pLA~ING A~ ZONING
HA~ICAPPED CO~ITT~E
16. Wh~ gualifte~%iOn~ 6 ~O~ hsv~ %0 se~e on this bosrd?
PIS
7.- Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any s~te?
18. Would you consider serving on another Board other than the
one(s) you selected above? Yes No ~
I hereby certify that I am ~ualified to hold the position for
which this application iS made. Further, I hereby authorize the
City of Sebastian to invee%ig,t~ the truthfulness of 811
information which I have provided iN %his application. I
understand that any misrepresentation or omission of information
requested in this application is caus~ for digq~Jalifica~ion or
removal.
I understand that the Cit~ Council of %he City o£ S~BASTIAN~a¥
suspend or remove from office any'~un~cipal board ~b~r for
malfeasance, .misfea~ance, negl%cted duty, habit, ia1 ~L*"O~al~'~.A~,
'incompetence, or permanent inability to perform hi~ o£~icial
duties. Further, I understand that %he City Council ~ay~u§p~nd
any municipal board me, be= who is ~i-k~s%ed for a {~io~ or ~or a
misdemeanor related to the duties of hie office o~ #ho is
indicated or informed against for %h~ co~mission o{ an~ £elony or
misdemeanor.
I hereby authorize the Sebastian Police Depart~An% to ~un an
active warrant check on ~.
scribed
and
has producWd~a~E~,&, .~~-.DI-,~)<~-~ '- ae i&%n~k~ica~ion.
( S£AL )
Nane of Noatry Prin~gd or
\ws-form\board.app
.
3.
4.
NAME:
CITY OF SEBASTIAN
APPLICATION TO SERV~ ON CITY
ARTHUR L. FIRTION
HOME ADDRESS:
750 SOUTH FISCHER CIRCLE
HOME TELEPHONE:
BUSINESS:
407-388r588~
cONSTRUCTION SERVICES
(RETIRED)
6.
7.
8.
9.
BUSINESS ADDRESS:
BUSINESS TEL~PNONE:
SOCIAL SECURITY NUMBER: '"
DRIVERS LICENSE NUMBER: . ~, ,.
RESUME OF EDUCATION AND EXPERIENCE: ~.S. E~EC,TRICAL ~N~XN~ERI~G,
~VlCE-PRESIDENT OF OPERATIONS FOR TWO OF THE MA{OR cONTRAc~O~S IN..~
THE UNITED STATES AND CONSULTING SERVICES.
['us~ ahdi~ional"shee%S ~f necessary'or submit r~ume'i~ "vaii~i~)
10.
11.
12.
13.
14.
15.
Voter registratio~ no.
Are you a resident o~ the
Length of Residency
DO you hold ~ public office?
Yesx__No__
THREE YgARS_
Do you serve on · Ci~ Boerd ~t present? ¥~ NoX._~_
PLEASE CHECK THE BO~D(S) YOU ARE INTERESTED iN SERVING ON:
*BOARD OF ADJUSTMENT. CEMETERY cOMMITTEE
*CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD
PARKS AND RECREATION
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
16. Wh~t qualif~c~tions dO ~OU h~v~ %0 serve on this board?
EXPERIENCE IN PROJECT PLANNING THROUGH OUT THE UNITED STATES.
REASONING POWER, SI~Ck~'~NP HONESTY.
%'7 , ~. v u var been convicted of any felony or any
~'.'~isd~m~anor involving moral turpitude in this or any state?
· ,:, : ~.~..,, Yes NO ~
18. Would you consider serving on another Board other than the
one(s) you selected above? Ye~ X No
I hereby certify that I ~m qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in %hi~ application. I
understand that any misrepresentation or omission of in~orm8%ion
requested in this application i~ c~U~a for di~gUali£ication or
removal.
I understand that the City Council of the City
malfeasance, misfeasance, neglected duty, habi~l
incompetence, or pe~anen~ fn~bflf~ ~0 per~o~
duties. Further, I understand that the Ci~ council
misdemeanor related %o the ~u%ies o~ his offfc~
m~sdemeanor.
active warrant check on ~a.
Applicant Signature
Subscribed and sworn to ba~ote me %his ~'~ day o~~ :..,
to-~ or ~d ' a~ iden~i~ica~ion.
(SEAL)
No~ DUbli6, at'ate'' of~i
Nane of Noatry, Printed or Typed)
\ws-form\board.app
.
3.
4.
5.
6.
7-
8.
NAME:
HOME ADDRESS:
HOME TELEPHONE:
BUSINESS: ~g
BUSINESS ADDRESS= ~O~
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
10.
11.
12.
13.
14.
15.
. lable)
necessary or su
Voter registration no. ~3%% G~
Are you a r~tdent of the City?
Do you hold a public o~fice? Yes. No_~_~
PLEASE CHECK THE BOARD(~) YOU ARE INTERESTED
(Please number fn order of prefer~nc~ with
being "1")
*BOARD OF ADJUSTMENT CEMETERY cOMMITTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION*PLANNING AND ZONING
HANDICAPPED.~OMMITTE~
What qualifications do you hav~.
to serve on %hisl board?
Have. you ever been cOhVicted o~ &ny felony or an~ -f~.,~ ~0 ~
mi~eme&nor involving mo~al tu~pitud& in thia or any state?'
· Yes No u//
18. Would yOU c~nsid&r serving on another Board other %hen
one(s) you selected above? Yes No __~
I hereby certify that I am qualified to hold the position for
which this application is made. Further, ! hereby euthori=e %he
City of Sebastian to investigate the truthfulness of all
information which I have'provided in' this application,
understand that any misrepresentation or omission of information
requested in'this epplio~tion is caUs~ for disqualification or
removal.
I understand that the City CoUncil of the City of SEBASTIAN may
suspend or remove',from office any municipal board eeeber for
malfeasance, misfeasance, neglected duty, habitual drunkenneSS,
incompetence, or\permanent inabili~ to perform hie official
duties. Further, I understand that the City Co~ncil may suspend
any municipal board eember #ho i~ arrested for 8 f~lo~ Or ~o: a
misdemeanor related to the duties of his office or who is
indicated o~ informed against for the commissio~ o~ any felony bf
misdemeanor.
i hereby authorize the Sebastian Police Department %0 run an
active warrant check on me.
gnature
Subs~ribed~n~ sworn b~ be~p~ ~e this ~ day o~ ,
~~, knoWn
lg._~_ .b ~ff~ who is p~eO~ly
as identification.
( SEAL ) . ,
] ,0~~M~ ... · ida
~ Name ~-~ Notary (Pr n e or Type )
Commission No.
\wa- form\ application
,'~
.
5.
6.
7.
8.
9.
WALTER C, GOLEMBESKI
NAME:
660 Forster
HOME ADDRESS:
HOME TELEP~ONE~
385-53&i
BUSINESS:
BusINESS ADDRESS: N~
BusINESS TELEPMONE:~
SOCIAL SECURITY NUMBER!
DRIVERS LICENSE ~rOMBER:
RESUME OF EDUCATION kND ~XPERIENCE: ATTAGHED
if necessary or submit resUme if available)
10.
11.
12.
13.
14.
15.
Voter registration no.
Are you a resident of the City?
Length of R~sid~n~
Do you hold a public o~£ic~?
present?
Do you serve on a City 8o~rd ~t
PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON!
yes._i_x No~
~ ?ears
Yes___No_.li_
*BOARD OF ADJUSTMENT CEMETERY COMMITTEE
*CODE ~N£O~C~M~N~ BOARD
,coNSTRUCTiON
PARKS AND RECREATION
*PLANNING AND ZONING
HANDICAPPED COMMITTEE ~
16. What qualifications do you have to serve on this board?
43 ar
- O V E R -
Have you ever been convicted of any felony or any
· , misdemeanor involving moral turpitude in this or any state?
18. Would you consider ssi-ring on another Board other than the
one(s) you selected above? Yes x No
I hereby certify that I am qulltfiad to hold %ha position for
which this application is ~Sde. Further, I hereby authorize the
City of Sebastian to investigat~ the truth£ulnes~ of all
information which I hav~ provided ih this application, I
understand that any miSr%pr~A~tatiOh or omission of in£o~ation
requested in this applicatio~ is cause for disqualifiuatio~ or
removal.
I understand that %he City COUncil of the Ci~ o~ S~ASTIAN may
suspend or remove from office any municipal board ~bar
malfeasance, misfeasance, nA~lActad duty, habitual
incompetence, or permanent inability to perform hi§
duties. Further, I under~tind that the City Couhcil NAy
misdemeanor related to th~ ~utia§ of his offiea Or Who iS
indicated or informed Against fo= the commi~§~oh of any falon~ or
misdemeanor.
I hereby authorize the Sebastian Police
active warrant
SWO~N TO
Department %o run an
check on me.
Applicant ~nature
Otary Public, Sta~e of ~iOrida
My Commission Expires:
btm hk&,
k~M TI~ fm fm~m
\ws-form\board.app
2
WALTER C. GOLEMBESKI
PERSONAL INFORMATION
Home Address:
Place of Birth:
Date of Birth:
Health:
Marital Status:
Military Status:
660 Forster Ave.
Sebastian, Florida 32958
(407)388-5341
Scranton, P~nnsylvania
January 11, 1926
Excellent
Married
World War II, Army
Honorable Discharge
EDUCATION
West Scranton High School
Scranton, Pennsylvania
Graduated 1942
EXPERIENCg
FRANK J. ROONEY, INC.
Subsidiary of Cynt~x (Dallas, T~xas)
2861 East Oakland Park Blvd.
Fort Lauderdale~ Fl. 33306
(407)949-0032
Type of Business:
Job Description:
Supervisor:
Projects:
General Contractor
Superintendant
Morgan King
Project Manager
From: September i988 to January 1989
Miami Hotel Roof Top Facility (10,000,000)
Dade County Aviation Department
Construction: Structural steel and Concrete
From: September 1984 to September 1988
Terminal Extension North Miami
International Airport
Concourse "B" (30,000,000)
North East Bus Maintenance Facilities
Construction: Precast and Structural
From: February 1984 to September 1984
Resum~ of \
Walter Golembeski '
Page 2
Governmental Center (10,000,000)
Fort Lauderdale~ Fl.
From: April 1983 to February 1984
Federal Courthouse (15,000,000)
Miami, Fl.
From: February 1981 to April 1983
Metro Bus Facility (10,000,000)
Miami,' Fi.
From: January 1980 to February 1981
Sheraton Hotel (6,000,000)
Fort Lauderdale, Fl.
From: September 1979 to January 1980
FIRST FLORIDA BUILDING CORPOKATION
5900 S.W. 73rd Street
Miami, Fl.
Type of Business:
Job Description:
Job Responsibilities:
Supervisor:
General Contractor
Superintendant
Troubleshootfn$ problem
jobs, Supervision
Scott Shaver
Division Manager
Projects:
From: August 1978 to August 1979
American Hospital Supply Warehouse (900,000)
Construction: Precast
From: February 1979 to August 1979
Various Fast Food Restaurants (3000,000)
Construction: Steel and Masonry
From: AuguSt 1978 to February 1979
ROBERT L. TURCHIN, INC.
1835 Purdy Ave.
Miami Beach, Fi.
Type of Business:
Job Description:
Job Responsibilities:
Supervisor:
General Contractor
Superintendant
Carpenter Foreman, General
Foreman, Assistant Super-
intendant, Superintendant
Lewis C. Gentry
Vice President
Resum~ of
Walter Golembeski
Page 3
Projects:
From: June 1958'to August 1978
Key Colony, 14 Stroy, Phase I (20,000,000)
Construction: Post Tension
From June 1977 to August 1978
Btltmore Two, 14 Story (15,000,000)
Construction: Post Tension
From: July 1975 to June 1977
Biscayne General Hospital, 500-Bed (9,000,000)
Construction: Precast Joists, Post Tension
From: July 1972 to June 1975
Kendall Lakes TownhouseS, 109 Units (5,000,000)
Construction: Precast Joists
From: July 1972 to June 1973
5560 Building, 22 Story (9,000,000)
Construction: Flat Plate
From: June 1970 to June 1972
Carriage House, 14 Story
Construction: Flat Plate Slab
From: July 1968 to May 1970
SeacoaSt Towers East, 17 Story
Construction: Fiat Plate Slab
From: August 1966 to June 1968
Diplomat Towers, 14 Story
Construction: Flat Plate Slab
From: October 1964 to July 1966
Florida Memorial College 1963 - 1964
Doral Beach Hotel 1962
Jefferson Stores and Publix 1961
Morton Towers Phase I & II 1958 - 1961
Resum~
Walter
Page 4
of
Golembeskt
Other Contractors:
Burke Construction Company
Miami, FI.
Murphy Constrution Company
Palm Beach, Fi.
M.R. Harrison Construction
Miami, Fi.
Powell Brothers
Ft. Lauderdale, FL.
Mackle Construction Company
Miami, FI.
Taylor Construction Company
Miami, Fl.
Ebasary Foundations
-Miami, Fl.
Reed Construction Company
Miami, Fi.
Meavy Construction
Miami, Fi.
A.D.H. Builders
Miami, FI.
Star Construction
Miami, FI. '-
From: 1947 to 1957
Carpenter to Carpenter
Foreman
' o'o£li''-r'
BUSINESS ADDRESS: ~" .....
7.
8.
9.
BUSINESS ?E~,E~.o.~: ,.
Langth of Rasid~noy
Do you hold a public office?
PLEASE
A~O o'~1~ L~ ~ H/V~ /~P~~O'~g ~l~,g,F'~. ~,,.[ /v'~ _:, .....
...... '- ' u~mit re um~ if available;
(use additional sheets if necegsa~ or.s_
iO. voter regi.~ration no, ~ q7 7~
13. Yes__No~
14. Dresent? Yes, No~
15. CHECK THE BoArDS YO~ ARE INTERESTE~ IN SERVING ON:
*BOARD OF ADJUSTMENT CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD
PARKS AND RECREATION
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
16.
- 0 V E R -
What qualifications do you have to serve on this board?
misdemeanor involving tor~l turpitude in this or any
18. Would you consider sez~vin~ on another Board other
one(s) you selected above7 { Yes ~ No
I hereby certify that I am qualified to hold .the position
which this application iQ made. FUrther, I h~eby authorize.the
city of Sebastian to tnve~tigate the truthfulness of all :'. "
information which ! have provided in tH~s applic{tion.
understand that any misrepresentation or omismion of information
requested in this ap,~..~cation iS c~USe ~for disgu~li~ication or
removal. "
I understand that the City Council of the City of SEBASTIAN
suspend or remove from office any municiD~l boSrd ~ber ~o~
malfeasance, misfeasance, neglected duty, h~bitu~l
incompetence, or permanent ln~btlit~ %0 pe=f0~ hi~ official
duties. Further, ! undars~Snd that %he City Council ~y
misdemean6r related to %he duties of his o~fic~ O~ Who t§
indicated or informed 8~Ath~% fO~ thA co~mi~iOh o~ 8ny ~lony or
misdemeanor.
I hereby authorize the Sebastian Police DePartment to run an
active warrant check on ~e.
TO
1 ~.
pp tcant Sigha%~r~ ~
SUBSCRIBED before me thi~~~Ay ~~,
My Commission Exptr~:
\ws-form\board.app
CXT¥ OF sEBASTIAN
TO SERVE ON CITY
APPLICATION __
2.
3.
4.
5.
6.
7.
8.
9-
NAME: Howard Gq~dstein,
HOME ADDRESS: 425 SeagraSs Avenue, sebastian
HOME TELEPHONE: 589-7966
BUSINESS: InfoMotion, inc,
BUSINESS ADDRESS: pending conditio.~! use ~ 425 Seagra~ Ave,;
BUSINESS TELEPHONE~ ~/a
SOCIAL SECURITY ~dMO~!~ -,. ,
DRIVERS LICENSE NUt~E~! ,
RESUME OF EDucATION AND EXP~RI~NCE~ M~mbe~ ~10~id~ ~a~;
Juris Doctor cum laudg, Stetson U. College Of
B.$.B.A. with Honor~ Fla, Institute o~ Tach., 1988
(use additional ~e~ ~ ,~c~,8~'or ~U~' ~U~
** siGnificant employmeflt~rfencecontinu~onattach~dr~slim~**(e~h. 1)
Length
Do you hOl~
10.
11.
12.
13.
14.
15.
Do ~,ou serve on ~ (:itt l~Oircl ~r.l~i~ll~t~ ..... .YOS.,._~NO ~ .
· ] ~.~ ~ J~, ~ ..
· BOARD OF ~S~ ~ ~=~3' -
CEMETERY CO~ITTEE ~~:' ~ -'-
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
PARKS AND REC~ATION
*PLANNING AND ZON~N~
HANDICAPPED COMMITTE~
16. What qUaltfi~%i6h~ d~
yOa have %0 serve on thi~ board?
Please see exhibit 2 a%~ach~ent
- o v E R -
please see i~ exhibit 2
t
~~nor involvfng ~0~1%U~i~d~ fn %hi~ or 8fl~ ~t~te?
~ ~.~ Yes No x
18. Would you con~tder 8e~tng on 8no,her Board o~hOr ~han ~hg
one(s) you selects8 above? Yam X No
which thi~ applicatiofl is made. Fur%her, I herOby authoriz0 tho
City of 'Sebastian to invOBtigate the t~thfOlnA~§ O{ All
information which I have provided in this appli=ation. _I
understand that any misrepresentation or omi~iOh o£ i~o~§%ion
requested in thi~ application is cause for disqu8li£icatio~ o~
removal~
I understand that the ci~ Co,mci1 o~ the ci~ o{ §~A~I~ ~ay
suspend or remove ~ro~ o~ice &n~ municipal boa~d ~O~b~ fo~
malfeasance, misfeaaamce, ~egl&ctad du~y, habit~&l ~i~&~&§§,
incompetence, or permanent inabilit-~ %0 p&rfo~ hi~ o~iui&l
duties. Further, I u~do~d ~h~% %h~ Ci~ COU~ei~ ~ ~U~Ofld
any municipal board me~be~ ~ho i* a~rOa~ed ~0= e ~OlOfl~ O~ ~o~ a
misdemeanor rela~ed ~ ~h~ ~i%e o~ hi~ o~fic~ ~ ~hO i~
indicated or inEo~ed againa~ ~or the co~is~io~ OE any ~elony or
misdemeanor.
I hereby authoriYe the sebaatiah Police D0par%~O~% %0 =uti an
active warrant chock on
A~plicant Signature
Subscribed and sworn to before
19~_), by Howard Golds~ein
· ~-~a~ha$ a~ id0nti£ication.
(SEAL)
Public FlOrida
Nane of Noatx'¥, P~inte~
~om~isa~on No.
or Typed)
\ws-form\board.app
Planning & Zoning Board application / sxnz~,~ ·
Howard O01dstei~, E~.
425 Seagrass Avenue / Sebastian, Florida 32958-4945 / (407) 589-7966
RESUME, updated 28 May 1992
Education
o - B.S. Business Administration with Honor, Eomputers/Data processing eoneetttration,
Florida Institute of Technology (Aug 88)
o - Juris Doctor ~, Stetson University .College of Law (pee~9~2)~ te.?lple, nt. of
AmJur aw .a~:l., First,Place: Freshman Moot court (oral atgutuents), l_~w I/II/III tuerit seltt~lltt-
ships; listed ~n Who s Who Among A~eHca~ Law Studeats.
Professional Association
o - Member: The Florida Bar, the Atuerican Bat Association.
Employment History
Self employed (incorporated as InfoMotion Inc., 1991) - Aug 86 to pre. seat
Nature of position: Software developtu~t
Responsibilities: D.e. sign and t~plementatton of dataeotum systems hardware md ~oflwltte.
More specifically., network design, teal ti.me operating system de.~tgn~ a,d secure
datacomm/DSP/dig~tal v~deo ~d facsimile techmquea.
Harris Corporation / SatCotu/Buslness Cotutuunicattons Systems Division /
Melbourne FL 32901
Feb 86 to Jul 86 (temporary p0sltion)
Nature of position: Software de~igt~/ptogrammtng
Responsibilities: Worked exte. stvely on the definition ~d de.qi~n of apropttetary link aeee~
protoc,o,l fo.r Ku-band satellite terminal links, prolltatumed portions of-data link software for
~Iarris s Private Access cotumunteatiolt! Tel~min~.l netwot~ ~ACTnet), debll~ged hlttdware
prototypes - '
Tucson Amateur Packet Radio, Inc. /Toe,it, AZ 8~734
Aug 83 to Mar 85
Nature of position: Software design/programming (volunteer)
Resoonsibilities: Sole design and impletuentation responsibility for sh.ar~d. ?.h?nn? AX.25 RF
m°~em, the TAPR Terminal Node Cotitroller ii CTNC-2). This work teao to an association
with the Shuttle Amateur Radio Experiment II and development of enhanced TNC-2 flight
software for on-orbit u~e.
Software Engineering and Management, Ire. / Melbourne FL 32901
Aug 82 to Aug 83
Nature of position: Software design/programming
Responsibilities: Design and progratu accounting system compliant with State of Florida
Accounting Standard Board's requirements.
Howard Goldstein /Application for Plannil~g & Zo.ing Bo~d
Exhibit 2
~mtement of Quttllt'lcations
Academic:
In addition to a generalized edu.eafl0, Itt Florida law .at a. Florida !aw.. sc.hool, W..hlle
attending school I extensively _~....h.~_
lates to the nccommodati.on.O[ teltl~lO.t!!
resem*oh, which covered juri~dicfl, on~ ti~yolld l~lorl.~ an.~
reli~,ious uses, exvosed me to vinous telev~t le~m oocmnes .contr?~ng
nin~ and zoning ~uthority by loc~l government.
be helpful to the ]]on_rd.
Personal Experience: re.~ided wtthltt the UDI:: dev,..1 .op-
Prior to attending law ~hool~ !.oWfllM pmpet-~/tad. ~ of i,~ldent~ Iff Pltlm
meat to the North (Port Mslab~). Dulrmg my appr0x~mate~y .se. ~ y~
Bay, I personally experienced the plell~ut~ ~nd l~t/fal!.s of life m a ODC cofllmUlltty not ifil milt
dissimi'lar from the ~eb~tl~ Hl~filands ~l~ltvtsttm. 1M~tu~ the city of
es large areas developed by ODC~ my life e~tperience in the ttow problematic
subdivision enables me to bring to the Board ~t vlewl~int that will be finely ttttu,~! to livoldtnl~
the same problems now afflicting Palm Bay.
Commitment to the Community:
xxr~,-,never ,',,',ssible I've donated time and resources for the publtc b~eflt. For
,,lc, wh?l~"~' Brevt~d resident, I was a member of Brevard CivifD. efe.nse RACES. {R. adl. o
~mateur Civil Emer~,encv Service) and an aettve participant ~emin. During my.brief stint~
Pinellas County, the~e tc~o I wn~ a member of coutlty Civil Defense RACES an~ was on-eau
for emergency communications duties.
Although I have ~ a teslden_ t of. th.~ City off?b.~tl.,~, fo
of time, Sebastian and In&an River t:ounty ts where I inteno to estatmsn my permanem nora?..
I therefore wish to ~,ive something back to my community, and' believe that .serving on
Planning and Zoning~o~;c/would be the most efficient use of my knowledge anti e~tpetience.
NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS
OF 7/14/92 AND WILL BE REVISED AT THE BEGINNING OF EACH
MONTH
PLANNING & ZONING COMMISSION
3 YEAR TERMS
MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M.
STANLEY KRULIKOWSKi, CHAIRMAN APPOINTED: 6/14/84
482 AZINE TERRACE REAPPOINTED: 5/06/87
SEBASTIAN, FLORIDA TERM EXPIRES: 5/90
589-0127 - HOME REAPPOINTED: 5/90
231-6008 - WORK TERM EXPIRES: 5/93
REAPPOINTED CHAIRMAN - 5~17~90(currently in 3rd term and 9th year)
JAMES WADSWORTH, VICE CHAIRMAN
PO BOX 2295
SEBASTIAN, FLORIDA 32978
APPOINTED ALTERNATE: 4/85
APPOINTED REGULAR MEMBER: 6/85
REAPPOINTED: 5/25/88
TERM EXPIRES: 6/91
REAPPOINTED: 6/26/91
TERM EXPIRES: 6/94
(currently in 3rd term and 8th year)
WILLIAM MAHONEY
P.O. BOX #837
207 DELAWARE DRIVE
SEBASTIAN, FLORIDA 32958
589-8524 - HOME
567-9919 - WORK
APPOINTED: 9/23/81
TERM EXPIRES: 7/89
REAPPOINTED: 7/6/89
TERM EXPIRES: 7/92
(currently in 4th term and llth year)
ROBERT FULLERTON
330 KING STREET
SEBASTIAN, FLORIDA 32958
589-3373 - HOME
589-2292 - WORK
APPOINTED: 4/11/84
REAPPOINTED: 4/90
TERM EXPIRES: 4/93
(currently in 3rd term and 9th year)
MAYME TAYLOR (O'CONNOR)
1068 MAIN STREET
SEBASTIAN, FLORIDA 32958
589-2009 - HOME
SHIRLEY KILKELLY
950 FRANCISCAN AVENUE
SEBASTIAN, FLORIDA 32958
APPOINTED: 12/86
TERM EXPIRES: 12/89
REAPPOINTED: 11/89
TERM EXPIRES: 12/92
(currently in 2nd term and 6th year)
APPOINTED ALTERNATE: 8/87
APPOINTED REGULAR MEMBER: 12/87
REAPPOINTED: 11/90
TERM EXPIRES: 11/93
(currently in 2nd term and 5th year)
J.W. "TOMMY" THOMPSON
125 MAIN STREET
SEBASTIAN, FL 32958
APPOINTED: 1/90
UNEXPIRED TERM EXPIRES: 2/90
REGULAR TERM EXPIRES: 2/93
(currently in lst term and 3rd year)
86
PLANNING AND ZONING CONTINUED
EARL SHROYER - IST ALTERNATE APPOINTED: 11/89
416 COLUMBUS STREET TERM EXPIRES: 11/92
SEBASTIAN, FL 32958
(alternate terms and years not counted)
JOHN LINDSAY - 2ND ALTERNATE
PO BOX 781235
SEBASTIAN, FL 32978
APPOINTED: 1/90
TERM EXPIRES: 1/93
STAFF LIAISON - DIRECTOR OF COMMUNITY DEVELOPMENT
87
John Lindsay
12750 Roseland Road
Sebastian, Florida 32958
Mayor Powell and Honorable Council:
Please accept my resignation as a member of the Planning and
Zoning Board, effective immediately.
I have moved from the City of Sebastian and am ineligible for
this appointment.
It has been a pleasure serving the citizens of Sebastian and
I wish to thank the City for their consideration in appointing
me to the Planning & Zoning Board.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
POLICE ANTENNA TOWER
Approved For Submi~_O1 By:
City Manager / ~'"~---
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 07/16/92 (BC~
For Agenda Of:
07/22/92
Exhibits:
1. Memo dated 7/13/92 from Chief
Petty
2. Letter dated 7/09/92 from Steve
Fisher
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of February 12, 1992, the City Council granted a
waiver of bid and authorized the purchase and installation of a new 150
foot communications tower from Communications International, Inc. in the
amount of $10,953.86. The City has pursued and obtained the necessary
engineering and permits from F.A.A. for the 150 foot tower. Since this
tower is not free standing, it relies on three guy wires at approximately
45 degree angles to help support the tower from lateral movement.
Staff has concerns that we wish to advise City Council of prior to the
installation of this tower and to ensure the City Council is aware of the
ultimate impact of this tower.
1. The 150 foot tower will not be aesthetically pleasing with the three
guy wires that will be placed at various locations. Please refer to the
enclosed site plan.
2. At least one of the guy wires will be consuming additional real estate
to the north of the Police Station which could house future buildings.
RECOMMENDED ACTION
Review the proposed Police Station radio tower and direct staff
accordingly.
oho
SEBASTIAN
POLICE
DEPARTMENT
Earle L. Petty, Chief of Police
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
MEMORANDUM
DATE:
TO:
FROM:
July 13, 1992
Robert S. McClary, City Manager
Earle Petty, Chief of Polic~
SUBJECT: Free Standing Tower
Attached is a price quote from Communications International, Inc. on three
different heights for a free standing tower. The height of the tower, either
free standing or guyed is important in respect to radio range in th.e event
treat we should lose our repeater capability. The radio range for the three
given heights are;
150 foot tower 7.8 miles range
100 foot tower 5.9 miles range
80 foot tower 4.8 miles range
Only the 150 foot tower, would ' us enough range to maintain our
operational capability it' we lostg~oVu~ repeater.
If. you should have any questions pertaining to this memorandum would you
p~ease call me at your earliest convenience.
aP/jh
OMMUN]ICATiONS
iNTERNATiONAL, iNC.
July 9, 1992
Chief Earl Petty
Sebastian Police Dept
P. O. Box 127
Sebastian, FL 32958
RE: Towers
Dear Chief Petty:
Per our conversation, here are the figures for self
supporting towers. The same specs and guidelines
where used as in the quote for the 150 ft guyed tower
previously quoted. Prices included all coax, concrete,
connectors, etc. for a turn key job.
150 ft. Self Supporting Tower
Turnkey
100 ft. Self Supporting Tower
Turnkey
80 ft. Self Supporting Tower
Turnkey
$ 38,090.00
$ 33,890.00
$ 29,990.00
Please give me a call if you have any questions.
Sincerely,
Steve Fisher
Asst. Vice-President Service
Swf/kc
PO BOX 6670. 500 IST ST · VERO BEACH FL 32961 · 14071.569.5355 · FAX 1407) 567-2292
,I
I
!
I
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12-PLUGS EA. END
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ANNEX
MUNICIPAL POUCE
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INV.,-1 4.85 N.&~.
12"PLUGS EA. END
INV.-I 7.23
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ELEC. PANEL
CITY
CO. INV-1
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MAIN STREET ..... 80' R/W
City of Sebastian
POST OFFICE tSOX 780127 :D SEBASTIAN, FLORIDA 32978
"4'EI~PHONE ,(407) S89-5330 = ~AX ~W,07) .~i89,-~'70
SUBJECT: Relocating Wentworth') Agenda No.
',;"~"~',;~ Ditch- ,.County ~d .512)
~' ~-:,//:-'~- Widening Project .~;~,~;.[- '~,) ~: ~t~ Or~ ~G~
.~ ~',~' ...-, '
.... ~ ~or ~ubmittal By: ) ~a~e ~:~u~ted
~.. , . . . ~;:,, ~;. , ~ . .:" .,~ ,: · ,, ,..'.
As part o'f ~ndian ,'s /~oad Widening .Pro.~ec~ ~or
County .Road ~12 ~rom ~, i-~," ~1 to ~oseland ]Road&'~':'~he County
in of..~ebastian ~hal~ %e
L'ad~oins their road
,qitc~ from private..
~ ~11 be contained
. ,~,~:~ ~ithin ~he' ~x'i~tinE easement'' am ~hown on ~he plat for the
~..~!~i~hlands ~ubdivi~ion.' .'.' "'A ~ublic information meeting
_ ,! :~e. ~eld .on August 6th, ~R~2 ~at ~.'00 P.~. in the City
..... ~cil Chambers to field ~uestions and ~rovide answers to
~'. ~oo~oerned residents alone the Wentworth Ditch. Residents
_ .~.~: not.able to attend the meetinE will be able to contact the
Citp of Sebastian Engineering Department to receive full
detailed in£ormation a~ to the proposed relocation of the
.......... ~,~,.. I~entwor~h Ditch.
RECOMMENDED
Information only, to keep the City .Council and Public up
to date with proposed activities associated with the CR
512 Road Widening Project.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Stevenson - city
Land Trade
Approved For Submittal By:
Cit7 Manager
) Dept. of Oriqint City Manager (RSM)
)
) Date Bubmittedt 07/16/92
)
) For Agenda Oft 07/22/92
)
) Exhibits: -Portion of Tax Atlas
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
In 1977 Paul and Hazel Stevenson donated to the City a tract of land
which is situated to the east of Indian River Drive north of
Fellmere and south of Coolidge. This tract is known as the
Stevenson Park and lies directly east of the "CAV-CORP" property.
Mr. & Mrs. Stevenson have recently sold other property they own in
this area. During the title search it was discovered that Mr. &
Mrs. Stevenson, as part of the 1977 donation to the City, had also
transferred a small .tract on the east side of Indian River Drive
just north of the Yacht Club. This tract is approximately 41 feet
north/south and 60 feet east/west or approximately 2,400 square feet
(.06 acre) Mr. & Mrs. Stevenson claim that the transfer of this
property in 1977 was done in error and that it was their intention
to maintain ownership of this property. Mr. & Mrs. Stevenson also
own a tract of submerged land due east of this parcel which is
approximately 41 feet north/south by 190 feet east/west which is
approximately 7,700 square feet (.17 acre). The submerged property
is no longer assessable with the transfer of the smaller tract to
the City in 1977. The Stevenson's have offered to trade a portion
of the smaller tract for a portion of the submerged tract. In
exchange for approximately 35.48 feet of frontage (the City would
retain the southern 5 feet) the Stevensons would grant the
southern 5 feet of the larger submerged tract. Additionally, they
would provide a construction easement on the entire tract. The
southern 5 feet of this property would enlarge the Sebastian Yacht
Club property and would be greatly beneficial to the City should we
wish to reconstruct the north seawall. Currently, the seawall cap is
on the north property line.
Given the circumstances of the originaltransfer in 1977 plus the
benefit to the City of enlarging the Yacht Club property for future
seawall reconstruction, I believe the proposed land trade would be
in the best interest of the City.
RECOI~ENDED ~C~.O~
Move to approve the proposed land trade between the City and Paul
and Hazel Stevenson subject to City Attorney approval of all
documents and reimbursement to the City of all expenses necessary to
effect this transaction.
Igo'±
RIVER
TOWNHOME$
G.L.7
ASSESSED 6-31~39 P, SI 5'1g$
c-FfY-~M~ T' S--
.~R E-v.[sI ON
JA N, 1~1985
~1__ .iREVISION
JAN,I,1981
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 c3 FAX (407) 589-5570
SUBJECT:
Code enfomement lien,
Tom Walsh
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submittexl:
For Agenda Of
) Finance (MLH)
)
) July 16, 1992
)
) July 22, 1992
)
) Exhibits: Letter from attorney,
) order finding violation, order imposing
) fmc, order limiting fine, memorandum
) of precedence, 1/31/89.
Expenditure Amount Appropriation
Required: -0- Budgeted: -0- Required:
On February 15, 1989, an order by the code enforcement board was issued for Tom
Walsh to obtain a City of Sebastian aluminum specialty license by March 15, 1989, as
a result of installing siding without a license or permit. On March 15, 1989 an order
imposing an administrative lien was fried due to Mr. Walsh's non-compliance with the
code enforcement order. This lien carried a fine of $25.00 per day for each day the
order was not complied with. This order was not complied with for 552 consecutive
days and on September 19, 1990 the code enforcement board limited the fine to
$13,800 which still remains unpaid as of this date.
Mr. Walsh, represented by his attorney, Se. an Biggins, has presented the City with an
offer of settlement. The terms of the offer were $4,000 (30 cents on the dollar) cash in
complete settlement of the lien. At the City Manager's direction, a counter of $6,900
(50 cents on the dollar) was offered and Mr. Walsh's attorney indicated this would be
acceptable to his client.
The tone of the attorney's letter indicates impending bankruptcy or reorganization. It is
possible that if bankruptcy were fried, payments made within a time certain prior to
the filing may be required to be returned to the receiver as payments in preference of
other creditors. Additionally, we would have effected a new agreement of $6,900 as
opposed to our current lien of $13,800. This matter was discussed with Rick Torpy,
esq., an associate of our City Attorney's firm. Mr. Torpy indicated that, although the
above concerns are possible, 1) the amount of the payment is small enough to be
financially unfeasible to challenge, 2) the lien is a secured position by the City and such
challenges are unlikely to prevail, 3) this is "found money" and as such does not
constitute out of pocket money to the City if it had to be repaid, 4) the "Homestead"
laws do not permit anyone except the first lien holder to foreclose on the property, and
5) if Mr. Walsh files bankruptcy, any first lien holder is likely to have exhausted the
equity. It is also likely his property would not be foreclosed on and our lien could be
dismissed.
The City Council is empowered to reduce or eliminate a fine of the code enforcement
board based upon the City's ability to collect the fine. Since the City's ability to
collect the fine is impaired because the City cannot foreclose on homestead property, an
offer of settlement of $6,900 appears reasonable under the circumstances.
RECOMMENDED ACTION
Approve a counter offer by the City in the amount of $6,900 to settle in full the lien
against Mr. Walsh property and direct appropriate staff and officials to effect the
release of lien upon receipt of the $6,900.
SE-itN
ATTORNEY AT LAW
July 8, 1992
TO:
Lonnie Powell
Mayor of Sebastian
1069 lV~XN STREET
P.O. BOX 781390
SEBASTIAN, FL 32978-1390
(407) 589-5500
RE: Tom Walsh, lien
Gentlemen:
I represent Hr. Thomas Walsh who owes the City of Sebastian
$]3,800 from a code enforcement lien. He has a proposal.
Mr. Walsh has limited funds available to settle this debt
ahead of his other creditors' claims. He offers to pay $4,000 to
the City of Sebastian in full settlement of the City's claim. Your
timely acceptance of this offer is necessary as Mr. Walsh is under
extreme pressure from other creditors.
Please consider the following when evaluating this proposed
settlement:
]. By accepting this offer, the City does not lose any cash
out-of-pocket.
2. If the offer is not accepted, the city may have to become
involved in Mr. Walsh's reorganization plan.
Mr. Walsh would like to avoid having the city in which he
lives get involved in something as time consuming as a
reorganization. And, in any case, there are simply not sufficient
funds available to pay all creditors in full. Please let me know
your decision as soon as possible.
Yours truly,
Sean Biggins
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
iN THE MATTER OF:
Mr. Tom Walsh
CASE NO. 88-1014
LEGAL DESCRIPTION:
Lot 26, Block 309, UNIT 10, SEBASTIAN
HIGHLANDS
ORDER FINDING VIOLATION
THIS CAUSE originally 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 February 15, 1989
regarding violation of an ordinance/the Land Development Code of
the City of Sebastian prohibiting/describing installation of
siding without a license or permit. Specifically the violation
involved Chapter 14; Article VII, Section 14-4; Section 7-20, 7-
99.
FINDINGS OF FACT
The Board determined upon the evidence presented that Tom
Walsh did install siding at 425 Englar Drive, Sebastian, Florida
without a license or permit in violation of above-referenced
ordinance.
CONCLUSIONS OF LAW
The above-referenced individual was found to be in violation
of said ordinance and the violation of Chapter 14, Article VII
Section 14-4; Section 7-20, 7-99.
ORDER
1. Tom Walsh is ordered to obtain a City of Sebastia~
aluminum specialty license on building permit by March 14, 1989.
2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE
COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE
IMMEDIATELY.
DONE AND ORDERED this /~ day of~. , 198~, in open
session at the Council Chamber, 1225. Main Street, Sebastian,
:Florida.
INSPECTOR, John Emerick, WHO SHALL DIRECT AN INSPECTION OF THE
PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION
OF THE VIOLATION.
3. If Respondent has not abated or corrected the violation
by taking the above steps on or before the compliance dated, this
Board shall reconvene in the Council Chambers to hear further
evidence on the issue of compliance and to impose a fine up to
$250.00 per day for each day the violation continues beyond the
compliance date. 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 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
CODE INSPECTOR
Code Enforcement Board
Nunc Pro Tunc
ATTEST:
Se~reta~~
CITY OF SEBASTIAN,
Petitioner,
vs.
TOM WALSH,
Respondent.
CODE ENFORCEHENT BOARD OF THE
CITY OF SEBASTIAN, FLORIDA
COMPLAINT NO. 88-1014
ORDER IMPOSING ADMINISTRATIVE FINE/LIEN
THiS CAUSE came on for public hearing before the Board on
March 15, 1989, after due notice to Respondent, at which time the
Board heard testimony under oath, received evidence, and issued
its Findings Of Fact, Conclusions of Law, and Order, and
thereupon issued its oral Order which was reduced to writing and
furnished to Respondent.
Said Order required Respondent to take certain corrective
action by March 14, 1989, as more specifically set forth in that
Order dated February 15, 1989.
An Affidavit of Non-Compliance dated March 14, 1989, has
been filed with the Board by the Code Enforcement Officer, which
Affidavit certifies under oath that the corrective action ordered
by the Board was not taken on March 14, 1989.
According]y, it has been brought to the Board's attention
that Respondent did not comply with the Order dated February 15,
1989, and it is hereby
ORDERED that Respondent pay the City of Sebastian a fine in
the amount of TWENTY-FIVE DOLLARS ($25.00) per day for the
violation that exists, from March 14, 1989, which was the day
after the date previously set by the Board's Order for
compliance. This Order may be recorded in the Public Records of
Indian River County, Florida, and shall constitute a lien against
any real or personal property owned by the Respondent pursuant to
Sections 162.08 and 162.09, Florida Statutes.
DONE AND ORDERED, this ~ day of
Sebastian, ~ndian River County, Florida.
, 1989, at
CITY OF $~-BAST]AN, FLORIDA
CHAIRMAN, Code Enforcement .Boar~
ATTEST:
CLRRK, ~0~e EnforCement goard
PERSONALLY appeared before me, the undersigne~ authority,
DONATO DeROBERTIS and KATHRYN NAPPI, well known to me and known
by me to be the Chairman and Clerk, respectively, of the Co~e
Enforcement Board, an~ acknowledged before me that they executed
the foregoing instrument on behalf of the CODE ENFORCEMENT BOARD
OF THE CITY OF SEBASTIAN, FLORIDA, as its true act and deed,and
that they were duly authorized to do so.
W~TNESS my hand and official ~'seal this /~ day of
, 1989.
~OTAR~ ~BLIC
~]ota,y Public. $:ote ol flO~a
My Commission Expires: My Comn~ssbn ExGires Aug, 11, ~91
(SEAL) -- - ·
I HEREBY CERTIFY that a true and correct copy of the
foregoing Order Imposing Administrative Fine/Lien has been
furnished by certified mai] to ~-~ /~JmF~,f
this/9_~ day of~&~__, ~89% '
~LERK, lode EnfWrce~nt~Board
THIS INSTRUMENT PREPARED BY:
STEVEN LULICH, ESQUIRE
Attorney for Code Enforcement Board
1069 Main Street
P.O. Box 781390
Sebastian, FL 32978-1390
· RECORD VERIFIED
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO.. FLA
CITY OF SEBASTIAN,
Petitioner,
vs.
TOM WALSH,
Respondent.
905616
900CT I I Al'Ill: 0~.~
CiTY OF SEBASTIAN, FLORIDA
CODE ENFORCEMENT HOARD
# I~S. ~ # NAMES
~C Si
ORDHRING IMPOSING ADMINISTRATIVE FINE/LIEN
THIS CAUSE came on for public hearing before the Boar(
on September 19, 1990, the Board reviewed the Omder dated Marc
19, 1989. That Order issued and reduced to writing after du
Notice to the Respondent at which time the Hoard heard testimon
under oath, received evidence and issued its Findings of Fact
Conclusions of Law.
Said Order required Respondent to take certai~
Corrective action by March 14, 1989 or pay a fine of $25.00
day.
Accordingly, it having been brought to the Board's
attention that Respondent has not complied with the Order dated
March 15, 1989. The Hoard determined that the fine sha].], no
I-ChEer run on a per day basis but be fixed et an amount certain
as of September 19, 1990, it iS hereby,
ORDERED that Respondent pay to the City ofdSebastian a
total fine ID the amount of THIRTEEN THOUSAND E~GHT HUNDRED
DOLLARS ($13,800.00) This Order may be recorded in the Public
Records of Indian River County and srevard County, Florida and
shall constitute a lien against any rea]. or persona]_ property
owned by the Respondent pursuant to Section 162.08 and 162.09
Florida Statutes.
DONE AND ORDERED this
day of September, 1990, at
Sebastian, Indian River County, F].orida.
ATTESTt
s~~;' G'ERRy [UHES
CODE ENFORCEMENT HOARD OF THE
Chairman
before me, the undersigned
PERSONALLY appeared
authority, DONATO DE ROBERTIS and GERRY KUBES, we].], known to me
and known by me to be the Chairman and Secretary, reapect~ve].y0
of the Code Enforcement Hoard, and acknow].edged before me that
they executed the foregoing instrument on behalf of the CODE
ENFORCEMENT BOARD OF TEE CITY OF SEHASTIAN0 FLORIDA, as its true
act and deed, and that they were duly authorized to do so.
WITNESS my hand e~d official see].
1990.
this /~b~'''~'' day of
I HEREBY CERTIFY that a true and correct copy of the
foregoing Order Imposing Administrative Fine/Lien has been
furnished by certified mai]. to TOM WALSS %his ~ day of
~ , 1990.
Secretly, 'Code Enforcement Board
THIS INSTRUMENT PREPARED
Steven Lu].ich, Esquire
P.O. Box 781390
Sebastian, FL 32978-1390
(407) 589~5500
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
'MEMOR~,NDU M,
January 31, 1989
Richard B. Votapka, Mayor
Sebastian City Council
~obart S. McClary
Fine of George A. Vorrath, Jr.
The City Council has directed me to review the $950.00 lien filed
against property owned by Mr. Geor e A. Vorrath, j~. This lien
was filed in an effort to collect ~e $950.00 fine Imposed by the
Code. 'Enforcement Board for a code violation. ! have evaluated
this matter, have consulted with the City Attorney and Mr.
Vorrath and offer the following report:
I reconmend that Mr. Vorrath's fine be reduced to $100.00
that the lien of $950.00 against his property be released
his payment of the. reduced fine.
FINDINGS: , '
and
upon
· because the City cannot foreclose upon
· which is homestead.
'1. The City Council is empowered with authority to
reduce or eliminate a fine of the Code Enforcement Board
based upon. the City's abil/ty to collect the fine.
2. The City:Council is not an appellate body 'of the
COde Enforcement Board. Any appeal frc~ the Code
Enforcement. Board is to a Court of Law not the City
Council.. Therefore, any question of justice or
~n]ustlce which my have been raised in this case is
simply not relevant to this report.
3. The City's ability to collect this fine is impaired
real property
RE: Fine of George A. Vorrath, Jr.
Page
4. Mr. Vorrath's ability to pay the fine is actually
hampered bythe lien against his property. Mr. Vorrath
"is in a "catch - twenty two" situation in that in order
" 'to pay'the fine he would need to take advantage of the
':' equity in his home. However, he cannot avail himself to
· .equity in 'his 'home with a. lien placed against the
"property.. In 1986 Mr. Vorrath indeed applied for
refinancing. Although the application was completed, it
was never submitted because he was advised by his lender
-.. that the ·lien must be resolved. I met on two occasions
'with Mr; 'Vorrath and found him to be friendly and
" helpful'in providing information. In fact, he showed me
..the original loan application he had filed at that time
".i. and' provided me with a photo copy of that document for
my .information. It is clear that he did not have
'".:sufficient cash' to pay the fine at that time.
;Additionally; .'I have independently verified his
assertion that the lien must be resolved by contacting a
representative of the lender. This is likely common
practice for mortgage lenders.
.CIR~CLUSION:
It is my ·opinion that if Mr. Vorrath's fine is not reduced to a ·
sum that he would be able to pay that the $950.00 llen would
continue to cloud his property title and that he would continue
to be ineligible for refinancing through any conventional lender
without resolving the lien against his property. Although the
City cannot foreclose upon the property since it is covered by a
hon~stead exemption we could wait until the property is sold.
However, Mr. Vorrath has no immediate plans to sell hisproperty.
Therefore, I feel it is in the best interest of the City of
Sebastian to reduce the fine and remove the lien as outlined
above. Your approval of this recon~endation is therefore
respectfully requested.
/jmt
FRATERNAL ORDER OF POLICE
SEBASTIAN EWER LODGE #139
P,O. Box 7~E1~3
Sebastla~ Flofldn 3~97~
Affiliated with
SUBJECT:
THRU:
TO:
5 July 1992
Request to Have a Fund Raising Carnival.:within
The City of Sebastian (Nov.92 and April 93)
Robert McClary, City Manager
Mayor Lonnie R. Powell
Councilman Frank Oberbeck
Councilwomen Carolyn Corum
Councilman Dr. Peter R. Holyk
Councilman Mr. George R. Reid
During the months of November 1992 and April 1993, our organization
would like to sponsor a Fund Raising Carnival within the City of
Sebastian. The fund raising would be for the Fraternal Order of
Police, Sebastian River Lodge #139.
Our Organization would like approval from our Mayor and City Council
for the use of city property located behind the Super America Station
County Road 512 and Indian River Drive to be used approximately five
days each month mentioned above.
Any Licenses, Insurance, Bonds, or any other requirements the City
of Sebastian needs will be paid or furnished by the Carnival people.
Ail the members of our organization ask your support on the above
so that programs we have planned for all the children living in
Sebastian can be a reality.
JFS~C'~
Sincerely
Lawrence Hardison
President
FOP Lodge #139