HomeMy WebLinkAbout07251990The following is a list of actions taken at the July 25, 1990
Regular Meeting.
90.171 - Sebastian River Area Chamber of Commerce - 2nd
Annual Fall Food Festival - 10/27/90 - approved - letter to
them - copy to PW and PD - copy minutes to file - file 90
Riverview Park
89.032 - 8/1/90 workshop - verbal status report - city
action on DCA's finding of non-compliance re: CLUP
3. 7/11/90 minutes approved - sign, seal place in book
90.172 - Community Center - Judah wedding approved - letter
to applicant - Linda
90.173 - Community Center - Adams wedding approved - letter
to applicant - Linda
90.174 - Code Enforcement Case # 90-3617 presented - no
action required - file 90 Code Enforcement
90.175 - Site plan fee waiver - St. Sebastian Catholic
Church and Presbyterian Church - letters to churches - copy
minutes to file, Finance, P & Z and Bruce - file 90 DCD
90.142 - Ordinance No. 0-90-09 water restriction - 1st
reading - ph set for 8/22/90 - advertise legal notices -
done - file credenza - 2nd regular meeting - put ordinance
in computer
90.161 - GC Clubhouse air conditioner - bid awarded to Palm
Aire of VB - 84,495 - letter to all bidders - copy minutes
to file, Finance and GC - file 90 purchases
10.
90.176 - GC Clubhouse exterior doors - bid awarded to North
County Glass - $2,616 - letter to bidders - copy minutes to
file, Finance and GC - file 90 purchases
11.
90.177 - Community Center - exterior doors - bids deferred
to later date for further staff information - file credenza
- pending
12.
90.178 - Resolution No. R-90-25 - GC Credit card
verification agreement - adopted - sign, seal res and
agreement - mail copy of resolution and original signed
agreement to First Union Bank - copy to Finance, file, Golf
Course - copy agreement and attach to original resolution
bluebacked - file 2nd original agreement in agreements file
- update R-90 in computer
14.
15.
16.
17.
18.
19.
20.
21.
90.152 - Ordinance No. 0-90-08 - C-512 zoning - let reading
- public hearing set for 9/12/90 - advertise 1/4 page -
done - letters to affected and surrounding property owners by
8/10/90 - draft letter done - owners of property within
zoning area list in file already - determine surrounding
property o~ners within 300 ft. - letter (with map) is
drafted and in file already
Staff to look into increased maintenance at airport and
coordination with local emergency services re: training
exercises
Manager to follow through on Sebastian River Art Club letter
Clerk to distribute state legislation re: convenience stores
to all local convenience stores
City Attorney instructed to draft ordinance re: convenience
- no time certain - legislation goes into effect 9/1/90
Manager to address Collier Creek algae problem
90.179 - City Manager to schedule joint meeting with county
following budget adoption
89.221 - Riverfront study - Manager to schedule Joint
meeting with Planning & Zoning Commission sometime in
September
Manager to look into removing private phone at BSSC
concession
90.171
89.032
90.172
90.173
90.174
90.175
JULY 25, 1990 CITY COUNCIL WORKSHOP
DOCUMENT LIST
The following is a list of backup materials for each item in
the agenda packet and notation for those agenda items with no
backup.
7/25/90 Agenda
8. PUBLIC INPUT
A. Non-Agenda Items
Donna ~s - Sebastian River Area Chamber of
Commerce Request Use of Riverview Park -
October 2_~a7 1990 - 2nd Annual Fall Food
Festival
1. Staff Recommendation dated 7/18/90
2. Letter from Keys dated 7/17/90
~ Metcalf - Comments Re: DCA Statement
of Intent to Find Comprehensive Plan Not in
Compliance
1. Metcalf Letter dated 7/19/90
9. CONSENT AGENDA
A. ~ of Minutes
1. ~ul¥ 11, 1990 Regular Minutes
(Council and Manager Only)
B. Request for ~ Center - Judah ~ -
8/25/90 ~ 5 p.m. to 9 p.m. - A/B - Vicki Judah
Permittee - DOB 8/16/60 -Security Paid
1. Application
11.
C. ~uest for ~ Center - Adams Wedding -
8/4/90 - 4 p.m. to 9 p.m. - A/B - ~ Adams
Permittee - DOB 9/1/42 - Security Paid
1. Application
COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
Presentation of Case No. 90-3617 (No Action
Required)
1. Order
B. PLANNING & ZONING COMMISSION
Recommendation - Waive Site Plan Review Fee
for St. Sebastian Catholic Church &
Presbyterian Church
1. P & Z Recommendation dated 7/11/90
2. Memo from Kinchen dated 6/8/90
1
90.142
90.161
90.176
90.177
90.178
90.152
90.179
89.221
12.
13.
17.
OLD BUSINESS
A.
ORDINANCE NO. 0-90-09 - Mandat0~~ Water
Restriction
1. City Manager Recommendation dated 7/19/90
2. Torpy Letter dated 7/19/90
3. 0-90-09
NEW BUSINESS
Award Bid - Golf Course Clubhouse Air Conditioner
- Palm Aire and Electric - $4,495
1. Staff Recommendation dated 7/19/90
2. Interim City Engineer Memo dated 7/19/90
3. Bid Tabulation Form
Memo from ~ Clerk dated 7/20/90 re: items 90.176
and 90.177
Award Bid - Golf Course Clubhouse Exterior Doors
- 2 Sets - North County Glass - $2,616
1. Staff Recommendation dated 7/19/90
2. Bid Tabulation Form
Award Bid - Community Center Exterior Doors
- 3 Sets - North County Glass - S3¢925
1. Staff Recommendation dated 7/19/90
2. Bid Tabulation Form
3. Assistant Public Works Director Memo dated
7/19/90
D. RESOLUTION NO. R-90-25 -.Golf Course Credit Card
Electronic Verification System
1. Staff Recommendation dated 7/19/90
2. R-90-25
3. Acting GC Manager Memo dated 6/28/90
4. First Union Letter dated 6/15/90
iE.
ORDINANCE NO. 0-90-08 - Rezoning CL-512 to C-512
1. Staff Recommendation dated 7/19/90
2. 0-90-08
CITY MANAGER MATTERS
Report - city/County Joint M~
1. City Manager Recommendation dated 7/16/90
2. Letter from City Manager dated 7/17/90
Riverfront Stud~ - Establish Date for Joint City
Council/Planning ~ Zoning Commission Workshop for
Review & Discussion
1. Staff Recommendation dated 7/16/90
2. Memo from City Planner dated 7/13/90
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
A G E N D A
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY.r JULY 25, 1990 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Paul Hauenstein, Christ the
King Lutheran Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
None Scheduled.
8. PUBLIC INPUT
90.171
A. Non-Agenda Items
Donna Keys - Sebastian River Area Chamber of
Commerce Request Use of Riverview Park -
October 27, 1990 - 2nd Annual Fall Food
Festival (Staff Recommendation dated 7/18/90,
Letter from Keys dated 7/17/90)
89.032
90.172
90.173
90.174
90.175
90.142
10.
11.
12.
George Metcalf - Comments Re: DCA Statement
of Intent to Find Comprehensive Plan Not in
Compliance (Metcalf Letter dated 7/19/90)
B. Agenda Items
9. CONSENT AGENDA
Approval of Minutes - July 11, 1990 Regular
Minutes
Request for Community Center - Judah Wedding -
8/25/90 - 5 p.m. to 9 p.m. - A/B - Vicki Judah
Permittee - DOB 8/16/60 - Security Paid
Request for Community Center - Adams Wedding
8/4/90 - 4 p.m. to 9 p.m. - A/B - Billy Adams
Permittee - DOB 9/1/42 - Security Paid
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
Presentation of Case No. 90-3617 (No Action
Required)
B. PLANNING & ZONING COMMISSION
Recommendation - Waive Site Plan Review Fee
for St. Sebastian Catholic Church &
Presbyterian Church (P & Z Recommendation
dated, Memo from Kinchen dated 6/8/90)
OLD BUSINESS
A.
ORDINANCE NO. 0-90-09 - Mandatory Water
Restriction (City Manager Recommendation dated
7/19/90, Torpy Letter dated 7/19/90, 0-90-09)
FIRST READING, SET PUBLIC HEARING 8/22/90
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ADDING CHAPTER 10 TO THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
ADDING NEW SECTIONS 10-1 THROUGH 10-19 PERTAINING
TO A WATER SHORTAGE PLAN FOR EXISTING LANDSCAPE
IRRIGATION RESTRICTIONS, DOMESTIC AND COMMERCIAL,
NEW LANDSCAPE IRRIGATION RESTRICTIONS, DOMESTIC
AND COMMERCIAL; ESSENTIAL USE RESTRICTIONS;
HOUSEHOLD AND DOMESTIC TYPE USE RESTRICTIONS;
WATER UTILITY USE RESTRICTIONS; COMMERCIAL AND
INDUSTRIAL USE RESTRICTIONS; AGRICULTURAL USE
13.
90.161
90.176
90.177
90.178
90.152
RESTRICTIONS; NURSERY USE RESTRICTIONS; GOLF
COURSE USE RESTRICTIONS; DEWATERING USE
RESTRICTIONS; WATER BASED RECREATION RESTRICTION
USE (INCLUDES POOLS, WATER SLIDES, SWIM AREAS);
MISCELLANEOUS USE RESTRICTIONS; IMPLEMENTATION;
PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING REPEAL.
NEW BUSINESS
Am
Dm
Award Bid - Golf Course Clubhouse Air Conditioner
- Palm Aire and Electric - $4,495 (Staff
Recommendation dated 7/19/90, Interim City
Engineer Memo dated 7/19/90, Bid Tabulation Form)
Award Bid - Golf Course Clubhouse Exterior Doors
- 2 Sets - North County Glass - $2,616 (Staff
Recommendation dated 7/19/90, interim City
Engineer Memo dated 7/19/90, Bid Tabulation Form)
Award Bid - Community Center Exterior Doors
- 3 Sets - North County Glass - $3,925 (Staff
Recommendation dated 7/19/90, Interim City
Engineer Memo dated 7/19/90, Bid Tabulation Form)
RESOLUTION NO. R-90-25 - Golf Course Credit Card
Electronic Verification System (Staff Recommenda-
tion dated 7/19/90, R-90-25, Acting GC Manager
Memo dated 6/28/90, First Union Letter dated
6/15/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN
AGREEMENT FOR BANK CHARGE CARD SYSTEM PARTICIPA-
TION WITH FIRST UNION NATIONAL BANK; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 0-90-08 - Rezoning CL-512 to C-512
(Staff Recommendation dated 7/19/90, 0-90-08)
FIRST READING, SET PUBLIC HEARING 9/12/90
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA PERTAINING TO COMMERCIAL
ZONING DISTRICTS; AMENDING SECTION 20A-3.8A OF
THE LAND DEVELOPMENT CODE TO REPLACE THE EXISTING
CL-512 ZONING DISTRICT WITH THE C-512 ZONING
DISTRICT; REPLACING ALL REFERENCES TO THE CL-512
ZONING DISTRICT IN THE LAND DEVELOPMENT CODE TO
3
90.179
89.221
14.
15.
16.
17.
18.
THE C-512 ZONING DISTRICT; PROVIDING FORREPEAL~
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
A. Report - City/County Joint Meeting (City Manager
Recommendation dated 7/16/90, Letter from City
Manager dated 7/17/90)
B. Riverfront Study - Establish Date for Joint City
Council/Planning & Zoning Commission Workshop for
Review & Discussion (Staff Recommendation dated
7/16/90, Memo from City Planner dated 7/13/90)
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
4
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 m FAX (407) 589-5570
SUBJECT:
APPROVED FOR SUBMIT. T_J~ BY:
City Manager: ·
) Dept. Origin City Clerk
)
) Date Submitted 7/18/90
)
) For Agenda Of 7/25/90
)
) Exhibits: Letter from Donna
) Keys dated 7/17/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Sebastian River Area Chamber of Commerce has requested use of
Riverview Park on October 27, 1990 for the 2nd Annual Fall Food
Festival.
Previous City Council approved the use of Riverview Park for last
year's festival. The following is an excerpt from the August 23,
1989 Regular City Council meeting minutes.
MOTION by McCollum/Rondeau
I move we approve the use of Riverview Park on November 12,
1989, for the Chamber of Commerce 1st Annual Fall Food Festival
without charge, approve local advertisement in the immediate and
surrounding area, and allow local merchants to participate at a
profit.
ROLL CALL: Councilman Rondeau - aye
Mayor Votapka - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 4-0.
RECOMMENDED ACTION
Move to approve the use of Riverview Park for the 2nd Annual Fall
Food Festival in accordance with prior approval.
Veto I~sur'l~lr~ce
2911 Ocean Drive
lC, O, Box 3250
Veto Beach, FL 32963
(407) 231-2022
Sebastian Insurance
936 U, S. Highway 1
Suite C
Sebastian, FL 32958
(407) 589-1110
July 17,
1990
Mr. Rob McClary, City Manager
City of Sebastian
Main Street
Sebastian,F1. 32958
Dear Mr. McClary:
The Chamber of Commerce will be sponsoring the "Fall Food
Festival" again this year.
Last year this event was an outstanding success. It
brought many people into the city to sample food prepared
by business owners who w~re members of the Chamber of Commerce.
This year w~ hope to add a number of arts and crafts booths.
We would like to have the permission of City Council to
use Riverview Park again this year. We have tentatively
reserved October 27th.
Thank you for your kind attention to this matter.
Sincerely,
Donna A. Keys, Director
Sebastian River Area
Chamber of Commerce
RECEIVED JUL ) 9 199[i
TO: Robert McClary
FROM: George N. Metcalf
I hereby request to be placed on the agenda of the City
Council meeting of July 25,1990 under PUBLIC INPUT - NON
AGENDA items.
I will request that a position report on Case No. DCA
DOCKET No. 89 - NOI-3105(N) Department of Community Affairs
( plaintiff ) VS City of Sebastian ( respondent ) be placed
on the City Council August Workshop.
Of particular concern is DCA paragraph B, Recommended
Remedial Actions; Statement of Intent To Find Comprehensive
Plan Not In Compliance contained in paragraph B.3. "permitting
mobile homes in other single family and multifamily residential
land use categories and not just in mobile home parks.";
and paragraph B.4. which would allow group homes in single
family zoning districts as well as multifamily zoning districts.
i further request that pages 2 and 3 of Exhibit B, The Petition
of DCA, be included as back u'p material in the work shop
package.
Respectfully,
~ 'Geor get'IN. Metcalf
425 Pine Street
Sebastian, Florida
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUNITY CENTER
YACHT
CLUB
Number of Persons constituting group or organization:~~_~O
Requested Date
Time of Oay: From ~~ ~,~ TO
Please answer YES or NO:
1) Are kitchen facilities required?
2) Are you a resident of Sebastian? ..\~D~
3) Will decorations be put up7
4) Will there be an admission or door charge?
5) W~ll alcoholic beverageS be served? ~
(a) If answer to ~5 is yes ~~/& ~ ~___~~
permittee's proof ~f age -
(b) If alcohol is to be served, permission is required by the
City Council. Your request will be presented to Council
on
Amount of Rental /~..6~ 7% Tax: .~'.~
Security Deposit: ~... ,~"-~.~ Total Rental: $
Name of Permittee: _~/l'(q_~. ,'
Address of Permittee: D,O, /3Cy ~. ~?
Telephone NO.: <4~--~.~.~/___ Date of Application
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on 7-/~ -~ (date) in the amount of
~....~ by Check # /~ ~-~ or Cash
intttal~
Rental Fee paid on (date) in the amount of
by Check # or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meeting on
(date). Request APPROVED/DENiED.
Key Pickup Date Key Return Date
Security Deposit returned by City Check #
amount of on
in the
(date).
Amount kept for damages (if applicable).
\ws-form\rentspp
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUmTY CE.TER ~ YACRT C~.UB
Name of Renter/Organization L~, 4~ ~, /~.'~f~ ~
Number of Persons constituting group or organization: /L:d_..
Reason for Rental
,
Requested Date __(
Time of Day: From
Please answer YES or
/
To
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorations be put up?
4) Will there be an admission or door charge?
5) Will alcoholic beverages be served? ,~p ~
(a)
(b)
If answer to ~5 is yes -
permittes's proof of age . ·
If alcohol is to be served, permission is required by the
City Council. Your request will be presented to Council
on
Amount of Rental
Security Deposit:
Name of Permittee:
Total Rental: $ /~/?. ~
Telephone No.: ~6~ ~5.t~% Date Of Application
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on _ ~/~0
~_z,i~;.-f~ by Check ~- ' ~ .....
Rental Fee paid on
by Check #
(date) in the amount of
or Cash
initialC",~
(date) in the amount of or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
__(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Key Pickup Date
Key Return Date
Security Deposit returned by City Check #
amount of on
in the
(date).
Amount kept for damages (if applicable).
\ws-form\rentapp
renotifJed of a new compliance hearing, at which the Board wi]]
review the evidence and impose the fine provided herein if said
vio)ation 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
COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE
IMMEDIATELY.
DONE AND ORDERED this ~¢? ~ec. day of ~z~.(_-- , 1990, in open
session at the Council Chamber, 1225 Main Street, Sebastian,
FJ orida.
ChaJ. rman
Code Enforcement Board
Nunc Pro TUnC
ATTEST
S~.Cr et ar y/
iN TIlE MATTER OF:
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
MI. James Wadsworth
317 B~eakwate= Terrace
Sebastian, F].orida 32958
CASE NO. 90-3617
LEGAL DESCRIPTION~ Lot 9, BJock 305 of SEBASTIAN HIGIILANDS
UNIT 10, of Indian River County, Florida.
ORDER FINDING VIOLATION
THIS CAUSE orJgina]]y 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 June 20, 1990
regardJn9 violation of a~ ordinance/the LaDd Dsve3opment Code of
the City of Sebastian prohibiting/describing Junk vehicle on
prent~es. SpecificaJ).y the violation involved Chapter 12,
Sections 30 and 31.
FINDINGS OF FACT
The Board determined upon the evidence p~esented that James
Wadsworth was storing s Junk vehicle (swamp buggy) An v]o]ation
of the above-referenced ordinance.
CONCLUSIONS OF LAW
The above-referenced indtvidua] was found to be in vic]stRoh
of said ordinance add no fine was ].evied. However, the v~o]atioD
was to be corrected within thirty (30) days of JuDe 20, 1990.
ORDER
1. UPON COMPLIANCE, RESPONDENT S~ALL NOTIFY T~E CODE
INSPECTOR, Robert N]cho]son, WHO SHALL DIRECT AN INSPECTION OF
THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO
CORRECTIeN OF THE VIOLATION.
2. If Respondent causes a reoccurrence of the vio3ation,
this Board sha~] reconvene in the Council Chambers to hea~
further evidence on the issue of compliance and to impose a fide
of u~ to the maximum amount of $500.00 per day for each day the
vic]at,oD continues. In the event of a future vio]atton of t~]is
order after the aforementioned dat~, Respondent sba]] be
City of Sebastian
POST OFFICE BOX 780t27 c~ gERA~TIAN, FLORIDA 329711
TELEPHONE (407) BBg-~330
FAX 407-589-5570
SUBJECT:
Fee Waiver For Site Plan Review
Approved For Submittsl By:
City Msnsger ~~'~ ~
Agends No.
Dept. Origin
Pste Submitted
For Agends Of
Exhibit~:
Planning and Zonin_~.~
C~mm~ s~ion (BC) ~
7/11/90
7/25/90
Memo dated 6/8/90 from Linda Kinchen
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Planning & Zoning Commission has. recommended to the City Council to waive
the site plan fee for both the St. Sebastian Catholic Church & the Presbyterian
Church. This fee waiver is customary with churches.
RECOMMENDED ACTION
Move to waive the site plan fee for the St. Sebastian Catholic Church and
the Presbyterian Chur. ch.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE: JUNE 8, 1990
TO: MAYOR AND CITY COUNCIL
FROM; LINDA KINCHEN~,
ADMINISTRATIVE ASSISTANT
THROUGH: BRUCE COOPER '
DIRECTOR OF COMMUNITY DEVELOPMENT
RE: FEE WAIVER-ST. SEBASTIAN CHURCH/PRESBYTERIAN CHURCH
PLEASE BE ADVISED THAT AT THEIR REGULAR MEETING HELD ON JUNE
7, 1990 THE PLANNING AND ZONING COMMISSION MADE THE FOLLOWING
RECOMMENDATION.
A MOTION TO RECOMMEND TO CITY COUNCIL THAT THEY APPROVE THE
FEE WAIVER REQUESTS FOR BOTH THE ST, SEBASTIAN CATHOLIC
CHURCH AND THE PRESBYTERIAN CFIURCH.
THE MOTION PASSED UNANIMOUSLY.
SHOULD YbU REQUIRE ANY FURTHER INFORMATION ON THIS MATTER,
PLEASE FEEL FREE TO CONTACT ME.
LK/LK
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Water Restriction
Ordinance
Approved For Submittal By=
city Manager
Dept. of Origin City Manager
Date Submitted=
For Agenda Of:
07/19/90
07/25/90
Exhibits:
-TO~py Letter Dated 7/19/90
- Ordinance No. 0-90-09
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On May 29, 1990 the City Council adopted Ordinance No. 0-90-05
which imposed certain watering restrictions within the City.
This ordinance was adopted as an emergency ordinance and by the
terms of the city Charter automatically expires on the 91st day
following its adoption. At the time of adoption, Assistant City
Attorney Richard Torpy advised the City Council that he would
prepare a permanent ordinance containing the same restrictions.
Additionally, the permanent ordinance would provide a simple
mechanism for the City Council to impose or lift the water
restrictions at any time.
RECOMMENDED ACTION
First reading of Ordinance 0-90-09 and to set public hearing date
on August 22, 1990.
I~RESE, I~ALLACE, NASH & TORPY, P.A.
ATTO][~NI~¥$ AT ~AW
GARY B. I~RESE
J~ES H. I~LL~C~.
CHARLES L~
VINCENT G. TORP¥, JR.
ELISE A.
P~mH~RD E. TORP¥
GREGORY 8. I-L~i~SEN
J. PATRICK ANDERSON
WILLIAM .~
OF COUNSEL
Mr. Robert S. McClary
city Manager
city of Sebastian
P.O. box 780127
Sebastian, FL 32978
930 S. I-IARBOR ~
CITY BLVD.
SU~TE 505
I~ELBOURNE, i~LORIDA 32901
(407) 984-3300
I~AX (407) 951~3741
July 19, 1990
Re:
Emergency Water Restriction ordinance
Ordinance No. 0-90-05
Dear Robb:
Enclosed please find the amended water restriction ordinancewhich
is intended to be a permanent ordinance for the City of Sebastian.
Upon reviewing, you will note the only change I had to make was by
adding Section 10-19 regarding implementation. This section simply
states that the ordinance is implemented upon the declaration by
City Council of the water emergency and that the restrictions are
lifted when the City Council declares that the emergency no longer
exists. By adding this provision, the city Council can implement
water restrictions, by a simple resolution, as they feel necessary.
I have amended the title to include this new section and it is now
simply a matter of adopting this ordinance under normal procedures.
I have not included a section in this ordinance specifically
repealing the emergency ordinance which was passed. The reason
for this, is that that ordinance will lapse automatically on the
91st day of its passage, therefore, there was no necessity to
specifically repeal that ordinance in the permanent water
restriction ordinance. If you would prefer that I add a provision
in the new ordinance repealing the emergency ordinance, I will do
SO.
If you should have any questions regarding the above, please
contact me.
Sincerely,
FALLACE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lbg
ORDINANCE NO. O-90-~
AN ORDINANCE OF THE CITY OF BEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADDING CHAPTER 10 TO THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; ADDING MEW SECTIONS 10-1 THROUGH 10-19
PERTAINING TO A WATER SHORTAGE PLAN FOR EXISTING LANDSCAPE
IRRIGATION RESTRICTIONS, DOMESTIC AND COMMERCIAL, NEW
L~NDSCAPE IRRIGATION RESTRICTIONB, DOMESTIC AND COMMERCIAL;
ESSENTIAL USE RESTRICTIONS; HOUSEHOLD AND DOMESTIC TYPE USE
RESTRICTIONS; WATER UTILITY USE RESTRICTIONS; COMMERCIAL AND
INDUSTRIAL USE RESTRICTIONS; AGRICULTURAL USE RESTRICTIONS;
NURSERY USE RESTRICTIONS; ~OLF COURSE USE RESTRICTIONS;
DEWATERING USE RESTRICTIONS; WATER BASED RECREATION
RESTRICTION USE (INCLUDES POOLS, WATER SLIDES, SWIM AREAS);
MISCELLANEOUS USE RESTRICTIONS; IMPLEMENTATION; PROVIDING
THAT THE ORDINANCE IS BUPPLEMENTAL; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING A SEVEHABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING FOR REPEAL.
WHEREAS, the city of Sebastian recognizes that there has
been a drought in the City of Sebastian which seriously threatens
the water supply to the City; and
WHEREAS, the water table of the city of Sebastian is
dangerously low and threatens the water supply of several
residents of the City of Sebastian; and
WHEREAS, several residents of the City of Sebastian have
already experienced water supply shortages; and
WHEREAS, if immediate restrictions are not imposed upon the
use of water, the potable water supply for the city of Sebastian
may be seriously restricted, causing wide-spread health hazard.
WHEREAS, the city Council of the City of Sebastian declares
there to be a state of emergency regarding the city's potable
water supply; and
WHEREAS, Section 166.041(b) of the Florida Statutes permits
the adoption of emergency ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The Code of Ordinances of the City of Sebastian
is hereby amending by adding new Chapter 10 to read as follows:
"Chapter 10
WATER RESTRICTION PLAN
Sec. ~0-1. This ordinance shall be known as the City of
Sebastian Water Restriction Plan.
Sec.10-2. Definitions.
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein: The word "shall" is always mandatory and not merely
directory.
(a) "City" shall mean the City of Sebastian, Indian River
County, Florida.
(b) "Water shortage emergency" shall mean a declaration by
the city or county of the City of Sebastian that a water shortage
exists.
(c)
system,
"Water" shall mean water taken from (i) the city water
(ii) any groundwater system, including shallow and deep
water wells drawing water from the Florida aquifer, (iii) any
surface water system, or (iv) any other public water supply.
This includes, but is not limited to, any system, that uses any
groundwater or interconnected surface waters for a water source
irrespective of whether said system is publicly or privately
owned.
2
~ppllcatlon.
Sec.10-3.
The provisions of this chapter shall apply to all
individuals who use water, as defined, herein within the city of
Sebastian.
Sec.,10-4. Enforcement.
(a) Every city police officer or other enforcement
personnel of the city who have arrest powers pursuant to the
state laws, shall be authorized and empowered to enforce the
provisions of this charter.
(b) In addition to the penalties for violations provided
herein, the city manager may enforce the provisions of this
chapter by ordering discontinuance of service to any person
violating the provisions hereof for the third and each successive
violation during any declared water shortage. If any person's
water supply is discontinued under the provisions of this
chapter, such person will be required to pay all charges
necessary for reconnection before the city will reconnect such
person's water supply.
Sec. 10-5. Exception to Article to Maintain Sanitation.
The city manager shall have the authority to permit a
reasonable use of water in any case necessary to maintain
adequate health and sanitation standards as set forth in the
Indian River County Health Code. These permits shall be issued
only upon the showing of good cause for the uses requested when
supported by the aforesaid county health and sanitation
standards.
s.ec. 10-6. Penalties for Violation.
Violators of any of the provisions of this chapter, upon
conviction, shall be subject to the following penalties:
(a)
(b)
($50.00) ~
(c)
First offense, fine not to exceed twenty-five ($25.00);
Second offense, fine not to exceed fifty dollars
Any individual who has been convicted of a violation of
this article three (3) or more times, during the same water
shortage emergency, upon conviction of each offense after the
second conviction during the same water shortage or water
shortage emergency shall be deemed to be guilty of a second
degree misdemeanor and punished according to state law for such
offenses.
Each day of continued violation shall be considered as a
separate offense.
Sec. 10-7. Existing landscape irrigation restrictions,
domestic and commercial.
(a) For existing installations less than 5 acres in size,
water use for irrigation is restricted to the hours of 4 a.m. to
8 a.m., three days per week.
(b) For existing installations 5 acres or greater in size,
water use for irrigation is restricted to the hours of 12:01 a.m.
to 8:00 a.m., three days per week.
(c) For all existing installations without automatic
irrigation timing devices, irrigation is also permitted during
~~the hours of 4:00 p.m. to 8:00 p.m., three days per week.
(d) Installations with odd addresses are permitted to
irrigate on Monday, Wednesday and Saturday. Installations with
even addresses or no addresses are permitted to irrigate on
Tuesday, Thursday and Sunday.
Sec. 10-8. New landscape irrigation restrictions, domestic
and commercial.
(a) Low volume irrigation of plants and crops with one
hose, fitted with an automatic shutoff nozzle, is permitted but
conservation should be practiced.
(b) For installations including home flower gardens which
have been in place less than 30 days and are less than 5 acres in
size, irrigation using automatic timing devices is restricted to
the hours of 2:00 a.m. to 8:00 a.m., Monday through Friday.
(c) For areas 5 acres or greater in size, irrigation is
restricted to the hours of 12:01 a.m. to 8:00 a.m., Monday
through Friday.
(d) For new installations including home flower gardens
without automatic irrigation timing devices, irrigation is also
permitted during the hours of 4:00 p.m. to 8:00 p.m., Monday
through Friday. There are no restrictions for those watering by
hand using iow volume methods.
(e) Cleaning and adjusting of new irrigation systems is
restricted to 10 minutes per zone on a one time basis.
Sec. 10-9. Essential use restrictions.
No restrictions on fire fighting or medical uses. Hydrant
5
flushing only on emergency basis.
Sec. 10-10. Household and domestic type use restrictions.
Residential domestic use should be reduced to achieve a per
capita consumption of 60 gallons per person per day.
Sec. 10-11. Water utility use restrictions.
Pressure reduction by at least 15% initial pressure at point
of service (meter) where operationally feasible. Adequate line
and fire flow pressure should be maintained.
Sec. 10-12. Commercial and industrial use restrictions.
(a) Commercial car washes serving passenger vehicles and
mobile equipment weighing less than 10,000 pounds are prohibited
from using in excess of 75 gallons of water per wash.
(b) Commercial car washes serving passenger vehicles and
mobile equipment weighing more than 10,000 pounds are prohibited
from using in excess of 150 gallons of water per washing.
Sec. 10-13. Agricultural use restrictions.
(a) Overhead irrigation, except by portable volume gun, is
restricted to the hours of 2:00 p.m. to 10:00 a.m.
(b) Flood and seepage irrigation must not discharge
tailwaters'from the property. This restriction does not apply to
agricultural uses in the production of watercress planted prior
to the declaration of a water shortage.
(c) Soil flooding for pest control or soil preservation is
prohibited.
Sec. 10-14. Nursery use restrictions.
Inside overhead irrigation uses are restricted to 8:00 a.m.
to 8:00 p.m., seven days per week. Outside use is restricted to
7:00 p.m. to 7:00 a.m., seven days per week.
Sec. ~.Q-15. Golf course use restrictions.
(a) Irrigation of greens and tees must be accomplished
during non-daylight hours.
(b) Irrigation of fairways, roughs and non-playing areas on
the first nine holes of the course are restricted to the hours of
12:01 a.m. to 8:00 a.m. Monday, Wednesday and Saturday.
(c) Irrigation of fairways, roughs and non-playing areas on
the last nine holes of the course is restricted to the hours of
12:01 a.m. to 8:00 a.m. on Tuesday, Thursday and Sunday.
Sec. 10-16. Dewatering use restrictions.
Discharge of fresh water to tidal waters is prohibited.
Sec. 10-17. Water based recreation restriction use
(includes pools, water slides, swim areas).
(a) Filling is permitted for new and existing facilities.
Draining is only permitted onto porous surfaces. No draining
into sewers. Adding water to maintain levels is permitted for
both new and existing facilities.
Sec. i0-18. Miscellaneous use restrictions.
(a) boat washing and motor flushing is permitted for up to
a maximum total of 30 minutes following operation in salt of
brackish water.
(b) Air conditioning (water source heat pumps) use
restricted to water necessary to maintain temperature no cooler
than 78 degrees Fahrenheit.
(c) Washing and cleaning streets, driveways, sidewalks, or
other non-porous areas with water is prohibited.
(d) Non-commercial vehicle washing is restricted to the
hours from 4:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 8:00
p.m., three days per week, using even/odd house address method.
(e) Outside pressure cleaning is restricted to only low
volume methods, seven days per week.
(f) Outside aesthetic uses of water is prohibited."
Se~. 10-19. Implementation.
The curtailments and restrictions of water uses provided for
herein shall be implemented upon a declaration at any time of the
water shortage emergency by the City Council of the City of
Sebastian and shall remain in effect until such times as the City
Council shall declare such emergency to be at an end.
Section 2. ORDINANCE SUPPLEMENTAL.
The provisions of this Ordinance are supplemental, in
addition to, and not in derogation of, all existing ordinances
effective in the City of Sebastian, Indian River County, Florida.
Section 3, CODIFICATION.
It is-the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this Ordinance shall become and
be made a part of the Code of Ordinances of the city of
Sebastian, Florida; that the sections of this Ordinances may be
renumbered or relettered to accomplish such intention; and the
word "Ordinance" may be changed to "Section", "Article" or other
8
appropriate designations.
Section 4. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remaindered of the Ordinance shall not be
affected and it shall be presumed that the city Council of the
City of Sebastian did not intend to enact such invalid or
unconstitutional provisions. It shall further be assumed that
the city Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and
effect.
Section 5. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon its
adoption.
Section 6. REPEAL.
This Ordinance shall be automatically repealed on the 91st
day after adoption.
The foregoing Ordinance was moved for adoption by Councilman
The motion was seconded by Councilman
and, upon being put to a vote, the vote
was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
9
adopted this
day of
.... , 1990.
CITY OF SEBASTIAN
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by State Statute, the one public hearing was held on
this Ordinance at 7:00 p.m. of the day of , 1990, and
that following said public hearing this Ordinance was passed by
the City Council.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
10
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-6330
FAX 407-589-5570
SUBJECT: Award Bid for Air Conditioner
for Golf Course Clubhouse
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
'7/19/90
7/25/90
Exhibits:Memo frcm I.C.E.
Bid Tabulation Form
EXPENDITURE
REQUIRED: $4,495.00
AMOUNT
BUDGETED: $8 , 000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Four bids were received for the air conditioning at the Golf Course Clubhouse.
The apparent low bidder, Palm Aire, was found to be knowledgeable, qualified
and capable of doing the subject work according to specifications. Work
for the City in the past by Palm Aire has been better than average. Adequate
funds are budgeted in the Golf Course Capital Improvement Fund.
RECOMMENDED ACTION
Move the bid for Golf Course air conditioning be awarded to the lowest
and best bidder, Palm Aire and Electric, of Vero Beach, in the amount
of $4,495.00.
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
MEMO
18 JULY 1990
ROBERT S. McCLARY, CITY MANAGER /,~
DAVE FISHER, I~TERIM CITY E~'~_~
BID AWARD RECOMMENDATION - AiR CONDITIONING AT
GOLF COURSE CLUBHOUSE
. PALM AIRE AND ELECTRIC
VERO BEACH, FLORIDA
Pursuant to the subject bid documents and the bid
clarification meeting held Wednesday afternoon, 18 July 1990,
at the Golf Course Clubhouse (minutes attached), we herewith
recommend award of the subject contract to PALM AIRE AND
ELECTRIC.
PALM AIRE's base bid of $4495.00 was submitted in a timely
manner and is the lowest of the four (4) bids received.
Further, on the basis of the bid clarification meeting of
18 July 90 and the record of work performed by them in the
past fo= the City, we find PALM AIRE to be knowledgable,
qualified, and capable of performing the subject work in the
manner and time required and that they and representatives of
the City have a mutual understanding of the scope of the work
to be completed.
For the above stated reasons, we recommend the subject
contract be awarded to PALM AIRE AND ELECTRIC.
BID CLARIFICATION MEETING
AIR CONDITIONING AT GOLF COURSE CLUBHOUSE
18 JULY 1990
Meeting held at Golf Course Clubhouse to determine whether
bid from PALM AIRE AND ELECTRIC, apparent low bidder for
subject contract, is complete and responsible.
Present:
CITY - Larry Napier, Finance
Jim DeLarme, Golf Course
Dave Fisher, Engineering
PALM AIRE - Truman Smith, Principal
Formally read through all bid documents and PALM AIRE's bid
response. No misunderstandings or further clarification
required. CITY satisfied that PALM AIRE's bid includes all
items requested, including electrical work, for base bid
price of $4495.00.
Walked through relevant building and outside areas to clarify
various locations. No misunderstandings or disagreements.
CITY requested PALM AIRE to submit proposal for additional
item:
. Relocate two (2) existing air handlers now above
ceiling to a location next to new air handler in
kitchen. (CITY to close off inside Employee door
from main hallway into kitchen in order to provide
sufficient space for all three (3) air handling
units.)
Reasons for relocating existing air handlers are:
1) Less periodic maintenance cost;
2) Less chance of damage to ceiling by water overflow from
pans; and
3) Easier to keep filters and drains clean and unplugged.
PALM AIRE to submit proposed cost for this additional item on
Thursday, 19 July 90.
No further items.
CONCLUDE: PALM AIRE's base bid is responsible and complete.
City of Sebastian
POST OFFICE BOX 780127 ~] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
M I~ M 0 R A N D U M
DATE:
July 20, 1990
TO:
FROM:
Mayor Conyers, City Council Members, City Manager,
Assistant City Manager, City Attorney
Kathryn M. O'Halloran~ 0,~
City Clerk ~Jx'
RE:
Agenda Items 90.176 & 90.177 - Backup Materials
Please note that there is no backup memo from the interim City
Engineer for item 90.176 although it is listed on the agenda and
that the backup memo for item 90.177 is from the Assistant Public
Works Director rather than the interim City Engineer.
We apologize for the error.
sam
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Award Bid for Double Glass
Doors for Golf Course
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
/qn
7/25/g0
Exhibits: Bid Tabulation Form
EXPENDITURE AMOUNT
REQUIRED: $2,616.00 BUDGETED:
$5,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
One bid was received for the installation of double glass doors for the
Golf Course. The bid was found to be reasonable and cc~petitive and the
vendor, North County Glass, was determined to be capable of ccmpleting
the contract in a workman like manner. Adequate funds are budgeted in
the Golf Course Capital Imp~t Fund. This bid is for 2 sets of doors.
RECOMMENDED ACTION
Move the bid for double glass doors for the Golf Course be awarded to
the lowest and best bidder, North County Glass, of Fell~nere, in the
amount of $2,616.00.
c~
L~
H
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-6330
FAX 407~589-5570
SUBJECT'Ja~ard Bid for Ccmnmity Center
Double Glass Doors
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Finance (LWN)
~/~/90
Exhibits :M~nO frc~ .~:~D
Bid Tabulation Form
EXPENDITURE
REQUIRED: $3,925.00
AMOUNT
BUDGETED:S9,000-00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
One bid was received for the glass doors at the Cumtunity Center. The bid
was found to be cc~petitive and reasonable and the the vendor, North County
Glass, is capable of performing the subject work in a workman like manner.
Adequate funds are budgeted in the Capital Improv~nents Fund. This bid is
for 3 sets of doors.
RECOMMENDED ACTION
Move the bid for double glass doors for the Cut,t~nity Center be awarded
to the lowest and best bidder, North County Glass, of Fellsmere, in the
amount of $3,925.00.
0
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
TO:
FROM;
JULY 17, 1990
ROBERT MCCLARY
OTTY MANAGER
JERRY THOMAS
PUBLIC WORK~
'"'~ Sc [.)OORc,' COMMUNITY CmNTER
RE: BTD AWARD L~,._A., ~. -' -
LEASE BE ADV~:,mE, THAT iT IS OUR RECOMMENDATION THAT THE
BID FOR THE GLASS DOORS AT THE SEBASTIAN 0OMMUNZTY CJENTER
SHOULD BE AWARDED TO NORTH 0OUNTY OLASS ZN THE AMOUNT OF
$5,925.00.
ALTHOUGH THZ~. WAS THE ONLY BID RECEZVmr'.~ WITHIN THm_ LEGAL
FRAME, WE FIND iT TO BE COMPETITiVE 'BASED ON PREVIOUS;
- ~*P' ~ANCE WITH
INFORMAL ~ELEPHONE POLLS AND IN Cum ~z
SPECIFICATIONS.
%HOULD YOU REQUIRE ANY FURTHER INFORMATION, PLEASE FEEL FREE
TO DISCUSS THi~; WITH ME.
L E ./L ~','
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT: Golf Course Credit
Card Verification System
Approved For Submittal By:
city Manager
Dept. of Origin Golf Course (JD)
Date Submitted: 07/19/90
For Agenda Of= 07/25/90
)
)
Exhibits:
- Resolution R-90-25
- J. DeLarme Memo Dated 6/28)
- First Union Letter Dated 6/15
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
An electronic verification system for credit cards at the Golf
Course can save time and money. Currently, we manually call a
credit card center. The proposed system will verify credit cards
within (12) twelve seconds. Our approximate savings is about
$1,000. a year and the time saved will be invaluable. It was
recommended by the bank to rent the equipment because maintenance
is included in the rental.
RECOMMENDED ACTION
To adopt Resolution R-90-25 to authorize the signing of the
agreement with First Union Bank for the VeriFone System for the
Sebastian Municipal Golf Course.
RESOLUTION NO.: R-90-2§
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT FOR
BANK CHARGE CARD SYSTEM PARTICIPATION WITH FIRST UNION
NATIONAL BANK; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City desires to participate in the Bank Charge
System operated by First Union National Bank with respect to
enable holders of MasterCard/Visa to pay for goods and services
provided by the City with those charge cards; and
WHE~, the City Council of the City of Sebastian, after
reviewing the proposed Bank Charge Card System Participant
Agreement proposed by First Union National Bank and engaging in
deliberations, has determined that it would be in the best
interest of the City of Sebastian and its citizens, and in
furtherance of a valid municipal purpose, for the City of
Sebastian to enter into the proposed Bank Charge Card System
Participant Agreement and to sign such other documents necessary
to effectuate and consummate the transactions contemplated in the
proposed Bank Charge Card System Participant Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Sect,ion 1. AGREEMENT. The Mayor and the City Clerk of
the City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the city, the proposed Bank
Charge Card System Participant Agreement between First Union
National Bank and the City of Sebastian, a copy of which is
attached to this Resolution as Exhibit "A" and by this reference
is incorporated herein. The city Manager or his designee is
authorized to sign such other documents necessary to carry out
the transactions contemplated in the proposed Bank Charge Card
System Participation Agreement.
~ CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Sect~ 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 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 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing
Councilman
by Councilman
vote, the vote was as follows:
Resolution was
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
moved for adoption by
. The motion was seconded
and, upon being put to a
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
BANK CHARGE CARD SYSTEM
PARTICIPANT AGREEMENT
THIS AGREEMENT, between First Union
National Bank ,
(Bank)
and the undersigned participant (Participant), Witnesseth:
WHEREAS, Bank has joined with other banks in the MasterCard
and/or VISA System hereinafter referred to as Bank Charge System
to enable holders of MasterCard / VISA cards, hereinafter referred to
as Charge Cards to purchase goods and services from merchants by
use of Charge Cards; and Participant wishes to participate in the
Bank Charge System by furnishing goods or services to be paid for
by a cardholder through thc Bank Card System;
THEREFORE, Bank and Participant agree as follows:
1. Participant will sell merchandise or render services to any
holder or authorized user of a Charge Card issued by any member
Bank of the Bank Charge Card System, MasterCard International or
VISA, U.S.A., Inc. subject to thc exceptions, limitations, terms and
conditions of this Agreement. Participant acknowledges that this
Agreement is limited to the products and/or services described in the
merchant Application unless prior written consent is obtained from
Bank.
2. Participant will use forms, supplies and equipment Prescribed
or furnished by the Bank and will follow and abide by operating rules
and procedures established from time to time by the Bank Charge
Card System, MasterCard International, VISA U.S.A., Inc. and the
undersigned member Bank.
3. Participant will carefully examine each Charge Card presented
to Participant for the purpose of determining: (a) That such card has not expired
(b) That such card has not been revoked
(c) That such card is not in the Combined Warning Bulletin
or otherwise invalid.
Participant will use his best efforts to retrieve each card which has
:xpired, been revoked, is counterfeit, is listed on a void card list or is
utherwise invalid and will deliver such card to Bank or notify Bank of
~he presentment of any such card if not recoverable.
4. Participant will examine items of personal identification of the
Cardhoider or authorized usec in such number and of such nature as
Bank shall designate and will note pertinent information on sales drafts
when so instructed by Bank.
5. Participant warrants and represents that each sales draft pre-
~ented by it to the Bank was received in payment of the purchase price
rot goods or services actually rendered in good faith for the price set
~'orth in such draft (unless the amount of the purchase price in excess
)f the amount stated in the sales draft was paid in cash at the time of
;ale); is not subject to any disputes, setoffs or counter-claims; is drawn
)y bona fide Cardholders to whom Participant has actually sold the
~,oods and/or Services; that same was personally signed by the Card-
~older, and that each such Cardholder had legal capacity to contract at
he time of purchase; that all statements of fact contained therein are
rue and Participant has no knowledge which would impair the
~alidity or collectibility of each sales draft submitted to Bank; that
~articipant has checked the Charge Card as to validity and authenticity
hereof and also has checked the Combined Warning Bulletin supplied
)y Bank; that the designated number and types of items of personal
dentification of the holder or authorized user have been requested and
',xamined by Participant, except where not required by Bank; that the
otal charges made ~vithin any 24-hour period at Participant's place of
~usiness do not exceed the floor limit set by the rules and regulations
~f MasterCard International and VISA U.S.A., Inc. ,'except as other-
vise authorized by Bank; that the purchase of any single item of goods
and/or services has not been consummated by the execution by the
holder or authorized user of more than one sales draft; that such
transaction does not involve any element of credit; that there have been
no special charges nor any special agreements, conditions or security
extracted in connection with the transaction; that Participant has good
title to the sales draft and it has not previously been assigned or
encumbered; and that the sales draft does not represent any illegal sale.
6. All the sales drafts tendered to Bank by Participant shall be pre-
pared in the number of copies required from time to time by Bank.
Participant will deliver the copy designated for Cardholder to Card-
holder at the time of the transaction. Ali copies shall legibly state the
date of the transaction, name and address of Participant, adequately
describe the goods and/or services sold, and state the total cash paid,
including all applicable taxes, the Charge Card number, and the name
of the holder and authorized user, if such is not the same person, and
other information required from time to time by Bank; that the sales
draft evidences a transaction between the participant and the Card-
holder with no third party broker; and that the sales draft does not
represent any illegal sale.
7. Participant, if making a sale to a Cardhoider, without use of
his Charge Card, will: (a) obtain Cardholder's name and account
number from Cardholder or from Bank or Bank Charge Card System;
(b) contact Bank Charge Card System or its designated agent by
telephone for authorization for the amount of such sale, advise of
non-presentment of Charge Card, and if given, write the authorization
number on the sales slip; (c) if authorization is given, legibly write
Cardhoider's name and account number and legibly imprint the em-
bossed legend from the Participant plate on the sales slip and complete
it as provided herein; (d) have the sales slip signed and furnish a copy
thereof to Cardholder as provided herein. Participant is liable for
charges made using an invalid, expired, or cancelled Card number and
Participant's account will be charged back for any such charges made.
8. Participant, if making a sale to a Cardholder by mail or
telephone, will follow the procedure provided in Paragraph 7 hereof,
except that: (a) Participant will sign Participant's name in the space
provided for Cardholder's signature on the sales slip and note that the
order was placed by telephone (TO) or mail (MO).
9. Sales to Cardholders by mail or telephone as provided in
Paragraphs 7 and 8 hereof (Identity Responsibility Sales) are at Parti-
cipant's option. In making them Participant shall be deemed to
warrant that the purchaser is the person whose name appears as
Cardholder on the sales slip, or sales application slip, and that, with
respect to Paragraphs 7 and 8 hereof, the name, account number and
expiration date appearing on the sales slip are the same as those
embossed on such Charge Card.
10. Except for Identity Responsibility Sales and subject to
Paragraph 5 hereof, Participant has no liability to Bank in connection
with sales drafts because of forgery or use of a counterfeit card if Par-
ticipant has exercised due care and diligence in complying with the
terms of this Agreement. The Participant shall not disclose to third
parties other than to the Participant's agents for the purpose of assisting
the Participant in completing the transaction or as specifically required
by law a Cardholder's account information nor other personal infor-
mation obtained without the prior written consent of the Cardholder
on a document other than the draft. All media containing debit or
credit card account numbers, imprints, such as sales and credit slips,
and carbons must be stored in an area limited to selected personnel
until discarding, and must be destroyed in a manner that will render
the data unreadable.
11. Participant will cause Participant's name or trade name to be
written, stamped or printed to each sales draft prior to deposit, and
will deposit each sales draft, using a form of deposit ticket provided or
authorized by Bank, in Participant's aforesaid clearing account before
thc Bank closes for regular banking business on the next regular Bank
business day after the date of the sales draft. Bank is authorized to
stamp or write Participant's name on any sales draft if Participant has
failed to do so. If Participant's name is written, stamped or printed on
sales drafts as required by the paragraph, it shall be deemed to be
endorsed, assigned and transferred to Bank. Upon receipt of such
deposits Bank will purchase such sales drafts for the face amount
thereof.
12. Bank will furnish a monthly statement to Participant from
which Participant will be able to determine the total amount of sales
reflected by sales drafts purchased, thc total amount of credits shown by
credit slips issued to Participant's customer, the net total amount of
Cardholder's accounts purchased, and will charge Participant's account
for ~ per centum of the net sales as a tentative discount,
with the minimum discount being $15.00. Participant agrees, if required
by Bank, to authorize every MasterCard and Visa transaction deposited
with Bank, and further agrees to deposit all MasterCard and Visa trans-
actions daily, Monday through Friday, excluding holidays. Bank has the
right to amend this agreement includi.n~ but not limited to the
discount rate by providing Participant wire written notice.
13. Bank or its assignee has sole right to receive payments on sales
drafts assigned to and purchased by Bank until charged back to
Participant. If any payments are received Participant will hold them
in trust for Bank and promptly remit them in kind to Bank, with infor-
mation showing Cardholder's name and account number and identi-
fying the transaction involved.
14. Participant agrees that irrespective of any non-recourse pro-
vision stated on Bank Charge Card System sales dra~ Participants will
pay to Bank on demand the amount paid or credited to Participant for,
and Participant will indemnify Bank against all liability, loss, claims
and demands whatsoever arising in connection with Unqualified Sales
DraRs, meaning sales drafts and the transactions evidenced thereby: (a)
which are not in all respects legible and as represented, warranted or
agreed herein; or (b) in conneciton with which; (1) the Charge Card
used had expired or prior notice of its revocation or invalidity was
given Participant; (2) any required credit authorization, account num-
ber, obligation, time period, procedure or agreement hereof has not
been obtained, fulfilled or observed; (3) the merchandise has been
returned, whether or not a credit slip is given Bank; (4) the merchan-
dise or services have not been delivered or perforTned as agreed; (5)
there is any dispute or defense between Participant and Cardholder
whether or not valild; (6) the purchaser is not the person named as
Cardholder in an Identity Responsibility Sale; (7) Participant has not
exercised reasonable diligence in determing to the best of Partici-
pant's ability, that the card used was a Chard Card issued for use in
the Bank Charge Card System or that the signature on the sales draft
corresponds with the author_ized signature on the Charge Card, or there
has been any negligence, fraud or dishonesty of Participant or
any employee thereof; or (8) the transaction for which the sales draft
was given in violation of law or the rules or regulations of any
governmental agency, federal, state or local Bank may debit the
amount of any Unqualified Sales Draft to Participant's account and has
the right to withhold funds on deposit in Participant's clearing account
in such amounts as may be required to cover anticipated returns and
charge backs. No delay by Bank in demanding payment herein or
pursual by it of alternate remedies shall constitute a waiver or estoppel
against it. In addition to any right of setoff available to Bank under
law, Participant grants Bank a security interest in any other account
of Participant to secure all payment required or other extensions of
credit to Participant, now or in the future.
15. Participant agrees to establish a fair policy for the exchange
and return of merchandise and adjustment for services rendered and
for that purpose will give credit upon such exchange, return or
justment. Participant will make no cash refunds to purchasers on
Charge Card Sales. If any merchandise is returned or price adjustment
allowed or the purchaser is not the person whose name appears as
Cardholder in any Identity Responsibility Sale, Participant will legibly
complete, date and sign a credit slip in form as provided for Partici-
pant, and within three (3) Bank business days thereafter, deliver it to
Bank and give a true completed copy to Cardholder when appropriate.
The amount shown on each such credit slip
ticipant's account or, upon demand
each credit slip issued and will indemnify
loss, claims and demands whatsoever arising
return of merchandise, price adjustments, Identity Responsibility
and copies of credit slips and sales drafts to purchasers which differ
from the originals, whether or not a credit slip is used.
16. Upon receipt of credit slips which are in compliance with the
terms of this Agreement, Bank will charge against Participant's ac-
count the total shown thereon evidencing the original purchase of
goods or services. All sales drafts, credit slips and deposit slips are
subject to review and verification by Bank. In the event of any error,
Bank may credit to or charge against Participant's account, as the case
may be, the proper corrective amount without notice.
17. If any transaction pursuant to this Agreement or otherwise
results in a debit balance of Participant's account, Participant will im-
mediately pay to Bank, on demand, the amount of such debit balance.
18. Participant will promote, and assist Bank and other Bank
Charge Card System, MasterCard International and VISA U.S.A., Inc.
members in the promotion of Bank Charge Cards. Participant
will display advertising furnished by Bank to advise the public of the
availability of Bank Charge Card System. Imprinter, forms and sup-
plies furnished by Bank will remain the property of Bank.
19. Bank will furnish procedure and time schedules for credit
authorization from time to time.
20. Participant will: (a) pay Bank a membership fee of:
($ ~ °) dollars, plus
a membership fee of .. D.//i~
for each additional location operated by Participant; (b) preserve all
records pertaining to Charge Card Sales and Pre-Charge Card Sales
and one copy of each completed sales draft and credit slip for one year
from date hereof and permit Bank to examine and verify same at any
reasonable time. Participant waives notice of default or non-payment,
protest or notice of protest, demand for payment and any other
demand, or notice in connection with any sales drafts, Charge Card
Sale, Identity Responsibility Sale, credit slip or this Agreement and
consents to all extensions or compromises given any Cardholder and
agrees that such does not affect any liability of Participant hereunder.
If a petition shall be filed by or against Participant under any provision
of the Bankruptcy Act or amendments thereto, or if a receiver shall be
appointed for it or any of its property, or if a judgment shall be
rendered against it, attachment issued against any of its property, in-
junction issued against it or ifa meeting of its creditors shall be called
to consider its distressed financial condition, or if it shall become
insolvent, commit an act of bankruptcy, make an assignment for
benefit of creditors, appoint a committee of creditors or liquidating
agent, make an offer of composition or bulk sale, or if it (being an
individual) shall die, or (being a partnership or corporation) shall be
dissolved or cease to do business, then and in any such events Bank
shall have the option to require Participant to forthwith repurchase all
outstanding sales drafts purchased by Bank hereunder with recourse or
with respect to which Participant is liable to Bank hereunder and shall
pay thereof a repurchase price equal to the amount unpaid and owing
hereon. Bank may charge any account Participant may have with
Bank thereof. This Agreement is effective when signed b.y Participant
and Bank and binds their respective heirs, representatives, successors
and assigns.
21. Participant agrees that participant is not furnishing credit to
or making sales on credit to Cardholders in Charge Card transactions.
Participant acknowledges notice that a finance charge is made by the
Bank or other card issuer upon balances owing from Cardholders to
the bank or other card issuer in connection with sales drafts drawn by
Cardholders and presented by Participant to the Bank. Participant
agrees that, if Participant should make any differential between the
cash price and the credit card price for any merchandise or services,
or make any special charge for the use of the Charge Card, Participant
to the Bank and will cooperate reasonably
the Bank for the purpose of complying with ali
all laws requiring disclosure of information to con-
ipant agrees to hold and save the Bank harmless from
~s, liability and expense, including penalties and attorney's fees re-
suiting from or caused by Participant's violation of this paragraph 21.
22. Participant may not present for processing or entry into
Interchange, directly or indirectly, any paper which was not ori-
ginated as a result of an act between the Cardholder and Participant.
23. The right of Participant to make Charge Card Sales and to
usc advertising displays, forms, materials and equipment developed for
use in the Bank Charge Card System or provided by Bank shall con-
tinue only so long as this Agreement remains in effect and untermi-
nated. This Agreement may be terminated by either party by giving or
mailing written notice thereof to the other. All existing obligations,
warranties and agreements with respect to sales., dra.fts del~..site~, b.c,.fore
such termination, and credit slips in connection therewith, snail re-
main in full force and effect.
24. This Agreement is binding on all mutually agreed upon
locations.
25. This Agreement supersedes all prior contracts with Bank
or its predecessors.
Dated:
By:
..First Union National Bank
(Bank)
By:
By:
City of._Sebastian...
1225 Main Stre(~C!pant)
.. Sebaztian~. F1.Ad4~-958
W.E. Conyers, Mayor
AT~EST:
Kathryn O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
CERTIFIED COPY OF CORPORATE RESOLUTION
THIS IS TO CERTIFY that a Regular-Special meeting of the
Board of Directors, of..o~ ~-y c~f~ g~h~-~nn
a corporation organized and existing under the laws of the State of
held of the ~ day of
19 , which meeting was duly called and properly held at the
principal office of said corporation pursuant to its articles of Incor-
poration and by-laws and at which meeting a quorum was present, the
following resolution was unanimously adopted, to wit:
"Be it resolved, that the President, Vice-President, Secretary or
Treasurer, or any one or more of them, be and they hereby are
authorized and empowered to enter into and execute an agreement, on
such terms as they deem advisable, the name of and on behalf of this
Corporation, with F'Lrst Un±on 8a~.J. ona]. Bank:
hereinafter called Bank relating to the sale by this Corporation to
Bank of charge slips evidencing charge purchases from this Corpora-
tion of merchandise sold and delivered and services rendered, or both,
and from time to time to modify such agreement and make and
modify arrangements with Bank as to the terms on which such charge
sales slips are to be sold to Bank, and they are hereby further autho-
rized and empowered to sell, assign, deliver, endorse, negotiate or
otherwise transfer to Bank all accounts, charge sales slips, and other
obligations, and any instruments evidencing or securing same, now or
hereafter owned or acquired by this Corporation, and for said pur-
poses to execute and deliver any and all assignments, transfers, en-
dorsements, contracts, guarantees, agreements or other instruments in
respect thereof and to make remittances and payments in respect
thereof by cash, checks, drafts or otherwise and to do and perform all
such other acts and things deemed by such Officer or Officers necessary,
convenient or proper to carry out or modify any such contract and
arrangements with Bank, hereby ratifying approval and confirming
all that said any Officers have done or may do in the premises."
IT IS FURTHER CERTIFIED that the above and foregoing
resolution is in full force and effect and has not been recinded,
modified or altered, and that the within Bank Charge Card System--
Merchant Agreement is the contract referred to in the foregoing
resolution.
IT IS FURTHER CERTIFIED that the following are the true and
exact signatures of the officers designated in the above and foregoing
resolution and that said signatures were subscribed in my vresence.
__ Vice-President
Treasurer
IN WITNESS WHEREOF, the undersigned Secretary of this
Corporation has set his hand and affixed the corporate seal this__
day of , 19 __
Secretary
PERSONAL GUARANTY
The undersigned jointly and severally guarantee the pa)
due, to any holder hereof of all amounts from time to time owing to
the Bank. The undersigned jointly and severally waive notice of accept-
ance of this guaranty, of any extensions in time of payment, of sale
of collateral, and of all other notices to which the undersigned would
otherwise be entitled by law and agree to pay all amounts owing
hereunder upon demand, without requiring any prior action or pro-
ceedings against Participant.
The undersigned further agrees that the failure by the holder of this
instrument to perfect any security interest granted by the foregoing
shall not affect in any manner the liability of any guarantor hereon.
Witness
Date
402015
Rev, 3t90
DATE:
TO:
FROM:
RE:
June 28, 1990
Robert S. McClary, CM
Jim DeLarme,
Credit Card Verification System
The credit card verification system that we now use is calling
manually to a credit card center. This process is very time
consuming and time is of the essence here at the golf course.
We have to get people on the tee or they lose their spc. t or
our tee becomes backed up. Sometimes. we send the people out
and get verification later.
This system guarantees a verification in'twelve (12) seconds).
Through the use of this system we would be charged a lower rate
for usage. A savings of over one thousand $1,000.00 dollars
would be realized over our present system. We would have a
more efficient operation.
I have discussed this with Carol Carswell and she is in agree-
ment with me about this system. Ail we need is your approval.
The system is through ouz normal bank First Union and could be
installed in approximately two (2) weeks. Information about
system enclosed from bank.
c: Carol Carswell
First Unio~ H~tional Bank
of Flnrida
Post Offi[:e Box 1269
Vero Beach, Ftmida 32961-1269
407.569-5500
June 15, 1990
City of Sebastian
1225 Main Street
Sebastian, Fl. 32958
Attn: Carol Carswell, Finance Director
Re: Verefone XL Terminal
Dear Carol,
In response to your recent inquiry on our Direct Capt6re ~aster
Card or Visa Product, we would be happy to install the verifone
XL Terminal plus the printer at a cost of:
A)
2.35% Rate - (This is a reduction from your present
rate).
B) 16¢ per transaction
c)
Rental of the Verefone XL on an annual basis is
$14.00 plus tax. On a month to month basis, the
cost is $17.00 plus tax.
D) The VFI Printer cost is $19.00 plus tax on an
annual basis, $21.00 on a month to month basis.
E)
The cost to purchase the equipment outright is
Verifone XL - $286.60
VF_· Printer - 376.00
It takes approximately two weeks to order and receive the
equipment.
It is always my personal pleasure to service your banking
needs.
Bank Manager
Sebastian Office
cc: Jim DeLarme, Golf Director
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978
TELEPHONE (407') 589-5330
FAX 40;'-589-5570
SUBJECT:
1st Reading of Ord~e 0-90-08 Relating to
c-512 ~r~ng
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Age,~da Of
Exhibits:
Ordinance 0-90-08
7-19-90
7-25-90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On 6/13/90 the City Council reviewed the proposed rezouing of CL-512 to C-512 and directed the City
Attorney to draft the proposed ord/nance. Th/s a~_ndm~ut for the new C-512 district will permit
almDst any type of professionml office or reran7 operat/on and the district will prohibit the
following; bars and 1.ounges, m~rchandising of second-hand goods (including flea markets), wholesale
trades and services and parking garages.
!
RECOMMENDED ACTION
Move to approve 1st reading and set public hearing for Sept~fDer 12, 1990.
ORDZN~%NCE NO. 0-90-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA PERTAINING TO COMMERCIAL
ZONING DISTRICTS; /~MENDING SECTION 2OA-3.SA OF
THE LAND DEVELOPMENT CODE TO REPLACE THE
EXISTING CL-S12 ~.ONING DISTRICT WITH THE C-
512 ZONING DISTRICT; REPLACING ALL REFERENCES
TO THE CL-512 ZONING DISTRICT IN THE LAND
DEVELOPMENT CODE TO THE C-512 ZONING DISTRICT;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILiTY;
AND PROVIDING FOR ]tN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the city
staff has recommended to the City Council of the city of Sebastian,
Indian River County, Florida, that the Land Development Code as it
pertains to the regulation of certain commercial development in a
specific area along the south side of County Road 512 (C.R. 512)
as more specifically provided elsewhere in this Ordinance; and,
WHEREAS, the city staff has concurred with the
recommendations of the Planning and Zoning Commission with certain
minor ~dditional recommendations; and,
WHEREAS, the City Council has determined that the
provisions of Section 166.041(3) (c)l. of Florida Statutes apply to
the amendment to Section 20A-3.SA of the Land Development Code
embodied in this Ordinance, and that the City Clerk has complied
with the notice requirements contained therein; and,
WHEREAS, after holding a public hearing and considering
all of the information provided, the City Council has determined
that the CL-512 zoning district should be replace by a C-512 Zoning
District as set forth in this Ordinance.
NOWt THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that~
Section 1. Section 20A-3.8A of the Land Development Code
is hereby amended to read as follows:
"Sec. 20~-3.8(A) C-512, Commercial 512 District.
A. Purpose an~ intent. The C-512 district is established to
implement comprehensive plan policies for managing land designated
for Commercial (C-512) development along segments of County Road
(CR) 512 below defined:
1. Specific area included in C-51Z district. This district
is intended to include all lots abutting the south side of County
Road 512 which are included in the following blocks located within
respective plats of the Sebastian Highlands Subdivision: Blocks
485, 490, 492, 508 and 509 located within Plat Unit 12; Tract A
located within Plat Unit 14; Blocks 188 and 189 located within Plat
Unit 6; and Blocks 185, 186 and 187 located within Plat Unit 8.
The linear distance of the C.R. 512 arterial is approximately ten
thousand (10,000) linear feet or ~.89 miles. The district includes
approximately two hundred fifteen (215) platted lots of record,
eleven (11) dedicated roadways intersecting with C.R. 512, and two
(2) dedicated alleys intersecting with C.R. 512. Along the ten
thousand (10,000) linear feet of CR-512, the existing platted lands
yield a potential for two hundred twenty-eight (228) total curb
cuts into C.R. 512, an average of one curb cut for every forty-
2
four (44) feet of road frontage.
2. Traffic impacts along C.R. 512 corridor. The purpose and
intent of the C-512 district is to provide a well planned and
equitable growth management policy for directing future development
within the impact corridor of the C-512 district boundaries above
defined. The existing pattern of development without such
regulation violates accepted principles and practices of traffic
engineering, county road policies and standards, and adversely
impacts the safety, welfare and convenience of the motoring public.
This statement acknowledges the fact that C.R. 512 is identified
as an arterial highway on the major thoroughfare plans of both the
city of Sebastian and Indian River County. Both acknowledge the
fact that C.R. 512 is a major regional transportation facility
linking U.S. I and 1-95 and also linking the cities of Sebastian
and Fellsmere with Indian River County and the City of Vero Beach
urban areas to the south.
3. Plan for off-street parking and controlled curb cuts.
The purpose and intent of the C-512 district is also to restrict
the location of curb cuts within the district, require compliance
with a master plan for parking and curb cut control, and regulate
the timing and intensity of land development in order to alleviate
potential traffic congestion along the C.R. 512 corridor. Although
land within this district is at present relativity undeveloped, if
the regulations prescribed herein were not duly adopted, future
development within this district would generate unsafe and
dangerous conflicts in traffic flow along C.R. 512.
B. Permitted uses. In this district, as a permitted use, a
building or premises may be used only for the below stated uses.
Ail applicable provisions of this code shall be satisfied,
including, but not by way of limitation, site plan review and
performance criteria.
Permitted uses: Limited commercial activities, general
retail sales and services, cultural or civil activities,
places of worship, public or private not-for-profit
administrative services, public or not-for-profit clubs,
business and professional offices, medical services, plant
nurseries, restaurants (excluding drive-in), trade and
skilled services, enclosed commercial amusements (without
alcohol beverages) and accessory uses.
C. Conditlonal uses. In this district, as a conditional use,
a building or premises may be used for only the following
conditional uses upon compliance with applicable conditions stated
in Article VI and all other applicable provisions of this code,
including, but not by way of limitation, site plan review and
performance criteria. The planning and zoning commission shall
ascertain if such conditions and provisions are satisfied. Appeal
of such decisions shall be heard by the city council.
Conditional uses: Public protective and emergency
services, gasoline sales, public and private utilities,
public parks and recreation areas, child care facilities,
hotels and motels with kitchen facilities in units, transient
quarters with kitchen facilities, veterinary medical services.,
and
D.
1.
accessory uses.
size and dimension criteria:
Minimum lot size: none; except twenty thousand (20,000)
square feet for new subdivisions approved subsequent to the
adoption of this ordinance.
2. Minimum lot width: none; except one hundred twenty five
(125) feet for the new subdivisions approved subsequent
to the adoption of this ordinance.
3. Minimum lot depth: none; except one hundred sixty feet
(160) for new subdivisions approved subsequent to the
adoption of this ordinance.
4. Maximum height: 35 feet
5. Minimum setbacks:
(a) Front yard: abutting CR-512:74 feet
(b) All other front yards: 10 feet
(c) Side yard: None if the.building is built to the
side property line(s); otherwise a minimum of 10
feet.
(d) Rear yard: 10 feet.
~. Maximum building coverage: 35 percent.
7. Minimum open space (pervious surface): 20 percent.
8. Real yard landscape requirements: A rear yard buffer
strip shall be required pursuant to subsection 20A-
10.2F. in order to provide satisfactory screening of the
district from abutting residentially zoned property.
E. Unified control of land. Ail development proposals having
5
C-512 designation must demonstrate that all land within the project
is held under common ownership whether the proposal is submitted
by an individual, a trust, a joint venture, an association, a
limited liability company, a partnership or a corporation.
F. Mandator~ compliance with master parking and curb cut
control plan (MPCCCP). The MPCCCP is hereby adopted by reference
and shall apply to all developments within the C-512 district (see
Appendix B).
G. Expansion of uses to adjacent lot(s). An existing
permitted land use within the C-512 district may be expanded to an
adjacent lot or lots of less than one hundred twenty (120) feet
width providing that the following conditions are met and the site
plan for the expansion is approved by the planning and zoning
commission:
1. The subject lot or lots shall be under unified
control with the adjoining subject developed
properties pursuant to subsection 20A-3.SA(E);
2. Ail such extensions must be constructed as a
contiguous extension to an existing structure on
the adjoining lot.
3. The proposed development shall comply with all codes
and ordinances of the City of Sebastian and
reasonable conditions affixed to the site plan by the
planning and zoning commission and/or the city
council.
H. Compatibillty of building lines. No principal structure
with the C-512 district shall be set back more than eighty-four
(84) feet from the front property line in order to ensure a uniform
pattern of development along the C.R. 512 corridor."
~ The Land Development Code is hereby amended
to change all references in the Land Development Code with respect
to the "CL-512 zoning district" to hereafter refer to the "C-512
zoning district".
Sectio~ 3. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
~ CODIFICATION. It is the intention of the
City Council of the city of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Land Development
Code of the city of Sebastian, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and the word "Ordinance" may be change to ,'Section",
"Article" or other appropriate designations.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the city Council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
$ect$on 6. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by
Councilman The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powel!
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1990, and
that following said public hearing this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
8
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= City - County Meeting
Approved For Submittal By=
City Manager
Dept. of Origin City Council
Date Submitted= 07/16/90
For Agenda Of= 07/25/90
Exhibits=
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED=
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
Several weeks ago, the City Council asked me to set up a joint
meeting between the officials of Indian River County and the City
of Sebastian. I have recently reviewed this request with the
Indian River County Administrator, Jim Chandler and we both feel
that such a meeting would be more fruitful if we were to schedule
the meeting after both the County and City complete their
respective-budgets. Therefore, unless otherwise directed by the
city Council, I will work with Indian River County to establish a
suitable date for a joint meeting once we complete our respective
budgets.
RECOMMENDED ACTION
NO action is requested at this time.
City of Sebastian
POST OFFlCF BO× 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
July 17, 1990
Mr. James Chandler
Indian River County Administrator
1840 25th Street
Vero Beach, FL 32960
Dear Jim:
This is in response to our telephone conversation of July 16,
1990 regarding a possible joint meeting between Sebastian and
Indian River County officials and Mayor W. E. Conyers' suggestion
that any opening ceremonies for the North County Library project
include City officials. I have enclosed a copy of a report to
the Sebastian City Council stating that you and I would establish
a meeting date for a joint City/County meeting after both the
City and County have completed their upcoming budgets.
Additionally, I enclose a memo over my'signature to Mayor W. E.
Conyers reporting that he would be included in any opening
ceremonies for the North County Library project.
As always, I sincerely appreciate the continued cooperation of
Indian River County.
Sincerely,
Rob~ary
City Manager
RSM/jmt
Enclosures
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589*5330 [] FAX (407) 589-5570
SUBJECT: Riverfront Study
Approved For Submittal
City Manager='~'~
) Dept. of Origin Community Development
) (PJ)
)
) Date Submitted:
)
) For Agenda Of:
)
) EXhibits:
)
)
)
07/16/90
07/25/90
- Preliminary
objective Statement (Draft)
Dated 7/13/90
EXPENDITURE
REQUIRED~
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Staff is currently documenting information regarding the city's
riverfront, to be publicly presented as a means of initiating the
Riverfront Study. The purpose of this public presentation will
be to provide the City Council and the public with an overview of
that documented information, to discuss the Riverfront Study
goals and Qbjectives and to provide an opportunity for property
owners (within the study area) and general public to present
their ideas regarding the riverfront, since the study is an
intrigal part of the city's overall planning effort, the Planning
and Zoning Commission should be part of any related Workshop
Meeting.
RECOMMENDED ACTION
That City Council establish a date and time for a joint City
Council and Planning & Zoning Commission Workshop Meeting to
review and discuss the Riverfront Study.
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DRAFT
DATE:
TO:
FROM:
RE:
13 July 1990
DAVE FISHER, INTERIM CITY ENGINEER
PETER W. JONES, CiTY PLANNER~
RIVERFRON~ STUDY
. PRELIMINARY OBJECTIVE STATEMENT (DRAFT)
The City of Sebastian'established in its Comprehensive Plan,
under Objective 1-1.2: ALLOCATING COMMERCIAL DEVELOPMENT,
that
"the City shall enhance the identity, design, and vitality
of the waterfront corridor which provides a unique
waterfront activity center within the central core area
of the City."
In furtherance of this objective and the development of a
Sebastian Riverfront District, the primary study objectives
are as follows:
1. To develop a Master Plan for the Sebastian Riverfront
Corridor that will enhance the identity of this unique
resource.
To provide documentation of this planning process that
will communicate, the potential development of the
Riverfront.
To develop a flexible market-sensitive and economically
feasible plan, management strategies, afld regulatory
performance criteria for implementing the Master Plan.
To create incentives for realizing meaningful public-
. private partnerships in the development of the Riverfront
Corridor.
CITY - , ,e
COPY
Fo~ Your INF'OIRMATION
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMO
DATE:
TO:
FROM:
RE:
25 JULY 1990
ROBERT S. McCLARY, CITY MANAGER
DAVE FISHER, INTERIM CITY E~~
BARBER STREET SPORTS COMPLEX
. STATUS REPORT
Pursuant to your request, following is an itemized schedule
of items remaining in order to complete Field No. 2 (Little
League Field), Field No.3 (Senior League Field), and the
concession stand and toilets at the Barber Street Sports
Complex.
1)
Complete placing sand/clay mixture in infields of both
Fields #2 and #3.
Delivery by supplier and placement by Public Works
scheduled to be complete by Tuesday, 31 July 90.
2)
Complete installation of irrigation system for Fields
#2 and #3, including connections for future hook-ups to
Fields #1 and #4.
Installation by contractor scheduled to be complete by
Friday, 3 August 90.
3)
Scrape and clear existing vegetation and apply herbicide
to Fields #2 and #3.
Scheduled to be completed by Public Works by Friday,
3 August 90.
more
BARBER STREET SPORTS COMPLEX
STATUS REPORT
25 JULY 1990
4) Install sod for Fields #2 and #3.
Scheduled to be complete by contractor by Friday,
17 August 90.
5)
Complete fencing for Fields #2 and #3.
Scheduled to be complete by contractor by Friday,
17 August 90.
6)
Complete potable water line installation to concession
stand and toilets.
Scheduled to be complete by GDU and contractor by
Friday, 17 August 90.
7)
Complete concession stand and toilets, including final
water hook-up.
Scheduled to be complete by contractor by Friday,
17 August 90.
9)
Bleachers, bases, dugout benches for Fields #2 and #3
on hand and ready for installation.
Scheduled to be totally on hand by Friday, 17 August 90,
by Public Works Dept.
10)
Install electronic scoreboards for Fields #2 and #3.
Scheduled to be complete by contractor and Public Works
Dept. by Friday, 17 August 90.
11)
Construct scorekeeping booths for Fields #2 and #3.
Budget funds permitting, to be constructed by contractor
by end August 1990.
more
BARBER STREET SPORTS COMPLEX
STATUS REPORT
25 JULY 1990
PAGE_~~~
12)
Final alignment of sports lighting.
Scheduled to be complete by end August 1990 by supplier
in conjunction with contractor and Public Works Dept.
13)
Establish procedures for the maintenance and storage of
supplies and materials for the ongoing operation and
usage of Fields #2 and #3.
To be established by City Manager and Public Works Dept.
by end August 1990.
14)
Closing ceremony for the Creative Playground, including
new shade structure.
To be held at the Creative Playground on Saturday,
4 August 1990, at 5:00 P.M. City Manager and all City
Council members invited to attend for brief
presentation.
Copies:
Jerry Thomas
Linda Kinchen
Peter Jones
Mosby and Associates
City of Sebastian
CITY.MANAG :; , ,:
COPY
YOUR iNFORMATION
POST OFFICE BOX 780127 r'l SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMO
DATE:
TO:
FROM:
RE:
25 JULY 1990
ROBERT S. McCLARY, CITY MANAGER
DAVE FISHER, INTERIM CITY ENGI~~
BARBER STREET SPORTS COMPLEX
. GENERAL COMMENTS - SUPPLEMENT TO STATUS REPORT
The following comments are to supplement the Status Report
for the Barber Street Sports Complex which is also submitted
to you today.
1) COST
We are currently working with a total budget figure of
$220,000 for the current fiscal year. Much effort and
consideration has been given to maximizing the extent of
facility realized for this amount.
Our current estimates indicate our costs for facility in
place thus far (i.e, two lighted fields plus concession
stand and toilets) are running at least 40% below costs
for comparable local facilities put in place within the
last two to three years.
This cost savings is due to a number of factors: some
through donation (engineering services); some through
self-help by using the Public Works Department to perform
some of the work items; some through attractive bid
prices by suppliers and contractors.
This is without also taking into account the Creative
Playground which is considered for operational purposes
to be a part of the Barber Street Complex and has cost
the City a donation of $3000 plus ongoing maintenance.
more
BARBER STREET SPORTS COMPLEX
SUPPLEMENTAL GENERAL COMMENTS
2) SCHEDULE~
25 JULY 1990
PAGE 2~~.
It has taken much longer than originally anticipated
to achieve completion of this Phase I portion of the
Barber Street Sports Complex. The main reason for this,
I believe, can be attributed to my recommendation and the
subsequent decision early on to have the Public Works
Department play an active and significant role in the
construction process. This did save the City money, but
at the cost of a later completion date than might have
been realized by using more contracted services.
This comment is not meant to reflect unfavorably on the
Public Works Department whose personnel worked hard and
well on the tasks assigned them there.
It does indicate however a "lesson learned" in the
process that the Public Works Dpeartment is essentially
organized and staffed to perform primarily a myriad of
maintenance tasks on an ongoing basis. It is not and
probably should not be considered in future planning as a
main vehicle to accomplish capital improvement projects.
This does not mean the Public Works Department should not
be called upon to perform various cost-effective
assignments on capital improvement projects. It does
mean, however, that they should not be put in a position
of having to complete an important "critical path item"
and still be expected to stay current with their other
ongoing maintenance responsibilities. We have found it
does not stretch.
3)
PHASE II
The above comments indicate a feasible ongoing scenario
in which it may be possible to apply budgeted FY 90/91
funds to begin construction of Field ~1 (Little League
Field) in October 1990 with the realistic expectation of
having it complete by the end of February 1991, the
beginning of next year's official Little League season.
This next phase would include some but not all the
designed parking area. Completion of the total parking
area would be done in the subsequent phase in conjunction
with the relocation of the existing Softball Field
(Field #4).
City of Sebastian
COPY
FOR YOUR INFORMATION
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMO
DATE:
TO:
FROM:
RE:
25 JULY 1990
ROBERT S. McCLARY, CITY MANAGER
DAVE FISHER, INTERIM CiTY ENG~-E-E~
SITE SURVEY FOR NEW POLICE STATION
Further to your letter Of 28 June 90 to Architect Design
Group, this to inform you that the subject property survey
including location of utilities and improvements and
topographic data is scheduled to be complete and in hand from
the surveyor on Wednesday, 1 August 90, one week from today.
The surveyor is Masteller, Moler & Reed, Inc., of Sebastian.
It would therefore be appropriate for the architects to
visit here again as soon after that date as practicable.