HomeMy WebLinkAbout09051990SEPTEMBER 5, 1990t CITY COUNCIL WORKSHOP
DOCUMENT LIST
The followlng is a list of backup materials for each item in
the agenda packet and notation for those agenda items with no
backup.
9/5/90 Agenda
6. PUBLIC INPUT
A. Non-Agenda Items
90.016
1. George Metcalf - Discuss Golf Course
Restaurant Bidding Procedures
1. No Backup
7. WORKSHOP ITEMS
Alcoholic Beverages - Prohibited Hours of Sale
1. City Manager Recommendation dated 8/29/90
2. Section 2-4 city Code
3. Letter from City Attorney dated 8/29/90
4. Hardage Decision
90.199
Unit 1_~ sebastian Highlands Drainage Problems
1. City Manager Recommendation dated 8/30/90
(Drainage plans will be available at workshop)
90.200
Palm Lake - Review Final Plat and Phasing
1. Staff Recommendation dated 8/23/90
2. Memo from P & Z dated 8/16/90
3. Memo from T~C dated 7/18/90
4. Application
5. Letter from Fischer dated 6/21/90
6. Letter from Witherby dated 7/12/90
7. Plat Under Separate Cover
90.201
Recycling - Report 9n Solid Waste
1. City Manager Recommendation dated 8/30/90
2. Memo from DCD 8/30/90
90.202
ReDort on Building Activity to Justify Part-Time
Buildin~ Inspector
1. Staff Recommendation dated 8/29/90
2. Bar Graphs
3. Monthly Reports 9/89 - 8/90
90.203
Proposed Language for Fence Ordinance
1. Staff Recommendation dated 8/29/90
2. Memo from DCD dated 8/29/90
10. CITY ATTORNEY MATTERS
88. 193
A. Stottler StaqLq - General Release
1. city Manager Recommendation dated 8/28/90
2. Letter from City Attorney dated 8/27/90
3. Proposed General Release
4. Letter from City Attorney dated 7/9/90
5 Proposed General Release
6. Stottler Stagg Invoice dated 5/24/90
7. Page 7 Contract
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
90.016
90.198
90.199
AGENDA
SEBASTIAN CITY COUNCIL ,
WORKSHOP MEETING
WEDNESDAY, SEPTEMBER 5, 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 ~
3. ROLL CALL
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
5. ANNOUNCEMENTS
6. PUBLIC INPUT
A. Non-Agenda Items
1. George Metcalf - Discuss Golf Course
Restaurant Bidding Procedures (No Backup)
B. Agenda Items
7. WORKSHOP ITEMS
A. Alcoholic Beverages - Prohibited Hours of Sale
(City Manager Recommendation dated 8/29/90,
Section 2-4 City Code, Letter from City Attorney
dated 8/29/90)
B. Unit 1, Sebastian Highlands Drainage Problems
(City Manager Recommendation dated 8/30/90)
90.200
90.201
90.202
90.203
10.
Palm Lake - Review Final Plat and Phasing (Staff
Recommendation dated 8/23/90, Memo from P & Z
dated 8/16/90, Memo from TRC dated 7/18/90,
Application, Letter from Fischer dated 6/21/90,
Letter from Witherby dated 7/12/90, Plat Under
Separate Cover)
Recycling - Report on Solid Waste (City Manager
Recommendation dated 8/30/90, Memo from DCD
8/30/90)
E. Report on Building Activity to Justify Part-Time
Building Inspector (Staff Recommendation dated
8/29/90, Monthly Reports 9/89 - 8/90, Bar Graph)
F. Proposed Language for Fence Ordinance (Staff
Recommendation dated 8/29/90, Memo from DCD dated
8/29/90)
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
CITY ATTORNEY MATTERS
88.193 A.
11.
12.
Stottler Stagg - General Release (City Manager
Recommendation dated 8/28/90, Letter from City
Attorney dated 8/27/90, Letter from City Attorney
dated 7/9/90, Page 7 Contract, Stottler Stag9
Invoice dated 5/24/90)
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD iNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
2
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Alcoholic Beverages - )
Prohibited Hours of Sale )
)
)
Approved For Submittal By:
City Manager
Agenda No.
Dept. of Origin City Manager
Date Submitted:
For Agenda Of~
Exhibits:
08/29/9o
09/05/90
- Section 4-2 of the City Code
- Nash Letter dated 08/29/90
EXPENDITURE
REQUIRED:
~MOUNT
BUDGETED~
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City has been asked by local establishments to review the
City Code which prohibits the sale of alcoholic beverages during
certain hours. We have received requests from the Sebastian
Fraternal Order of Eagles and Captain Hiram's Raw Bar Restaurant
to modify the prohibited hours of sale on Sunday's to permit the
sale of alcoholic beverages earlier in the day. Additionally,
the City annually receives requests to extend hours for New
Year's Eve. The current requirements are enumerated in Section
4-2 of the City Code.
RECOMMENDED ACTION
Review Section 4-2 regarding prohibited hours of sale of
alcoholic beverages.
(]ARY B. FRE-q-Et
JAMES H. FALLACE
CItARLES IAN NASH *
VINCENT (~. TORPY, JR.
ELISE A. SINOER
RICHARD E. TORPY
J. PATRI(?K ANDERSON
WILLIAN[ A. GRIMM
OF (~OUNSEL
I~RESE, i~ALLAOE, NASH & TORPY, P.A.
ATTORNEYS AT LAW
RECEiVt 'L: 3 0 1990
930 I~. I-L~RBOR CI?Y BLVD.
~UITE 505
MELBOURNE, FLORIDA 32901
(407) 984-3300
F~ (407) 951-3741
TA~TION
August 29, 1990
VIA FACSIMILE TP~NBMISSION
Robert $. McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Re:
Sunday Sales of Alcoholic Beverages
1990 Legal Opinions
Our File No. 90-4840
Dear Robb:
You had asked for me to provide you with some legal guidance
concerning the ability of the City Council to enact ordinances
regulating the sale of alcoholic'beverages on Sunday. I discussed
this matter with Steve Durden, Assistant General Counsel, City of
Jacksonville, in light of the fact that the City of Jacksonville
has been involved in several litigation cases .recently in
connection with the Jacksonville City Ordinance regulating the sale
of alcoholic beverages on Sunday. Mr. Durden informed that the
basic infirmity in the Jacksonville City Ordinance involved the
delegation of authority to the Sheriff to determine which
establishments fall within the classification of businesses that
can sell alcoholic beverages on Sunday, without any criteria or
standards by which to determine compliance with the city ordinance
and without procedures to appeal the Sheriff's determination before
the deprivation of a property interest occurs.
I have enclosed with this letter a copy of the 1981 opinion of the
First District Court of Appeals of Florida in the case of Hardaq~
v. city of Jacksonville Beach, for your review. The Hardaoe
decision still represents the law in Florida concerning the ability
of a municipality to regulate the sale of alcoholic beverages on
Sunday.
I would recommend that you provide the City Council with a copy of
the current Sebastian City Ordinance regulating the sale of
Robert S. McClary, City Manager
August 29, 1990
Page 2
alcoholic beverages in the agenda package for the workshop meeting
when this matter will be discussed, along with a copy of this
letter and the Hardage decision enclosed herewith.
Should you have any questions concerning this matter, please do not
hesitate to contact me.
CIN/me
Enclosure as stated.
Very truly yours,
FRE~ALLACE, NASH & TORPY, P.A.
Charles Ian .Nash
City Attorney
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Unit #1 Sebastian
Highlands Drainage
Approved For Submittal By:
City Manager~ ~
Agenda No.
Dept. of Origin: city Manager
Date Submitted:
For Agenda Of:
Exhibits:
08/30/90
09/05/90
- None Attached - Will have drainage
plans available at Workshop Meeting
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED~
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City has received many complaints about inadequate drainage
throughout the City. However, we tend to receive more complaints in
Unit #1, Sebastian Highlands than any other area of town. We believe
there are six (6) general conditions that complicate effective
drainage in Unit #1:
1. The area is generally flat and contains poorly drained
soils. According to the United States Soil Conservation Service, the
soils in Unit #1 are:
IMMOKALEE - MYAKKA - SATELLITE: Nearly level,
poorly drained and somewhat poorly drained soils;
some are sandy throughout, and some have a dark
sandy subsoil.
EAUGALLIE - OLDSMAR - WABASSO: Nearly level,
poorly drained soils that have a dark sand subsoil;
some have a subsoil that is underlain by loamy
material in a depth of less than 40 inches, and
some have a subsoil that is underlain by loamy
material at a depth of more than 40 inches.
c:/o.
SUMMARy (Continue/i).
Of the 814 lots in Unit 1, 469 are vacant, 342 are built upon and 3
are under construction. In other words, 58% of Unit 1 is built out.
The typical drop in elevation is only 1 1/4 inch overall on a typical
80 foot wide lot in Unit 1.
2. Many of the older homes in Unit 1 are at relatively low
elevations. Many of these homes were constructed prior to the current
elevation standards imposed for septic tank and drain fields.
Consequently, there is very little tolerance in providing artificial
slopes.
3. The drainage ditches within Unit 1 are designed to retain
water, e.g. the flow line of the ditches are lower than the invert
elevation of the culverts.
4. In many cases, swales within the street right-of-way either
don't exist or they are at improper elevations.
5. The driveways within Unit i lend to the problem:
a) There are 121 concrete swale - type driveways
within Unit 1. Many of these were installed prior
to the city establishing elevations so individual
building contractors determined the flow line.
Consequently, many of the concrete swale - type
driveway approaches are at the wrong elevations.
b) Many of the driv6ways have poured -in- place
concrete box culverts. While the City can slightly
adjust the flow line of these culverts, they
nonetheless cause problems because of incmrrect
elevations or the fact that the forms were never
removed and are now deteriorating and blocking the
flow of water.
c) There are several homes without paved
driveways and therefore have neither culvert nor
concrete driveway swale.
6. Another common problem throughout the Highlands is the
side yard ditches that are a part of the designed drainage plan.
The flow line must be maintained as designed and the adjoining lots
must be filled to meet higher elevations required to install septic
tanks and drain fields. Because of these two factors, there is
typically a very steep bank that is difficult to construct and nearly
impossible to maintain.
RECOMMEND ~CTION
There is probably no complete answer to the problem. However, the
problem could be reduced by grading the swales within the street
right-of-way to proper elevations and installing side yard reliever
ditches where practical. Additionally, the City should be willing
to cooperate with property owners who wish to replace either concrete
swale driveways or cast-in-place box culvert driveways by establishing
proper elevations and providing field staking as we do for new
construction.
As to side yard ditches that are designed as a part of the major
drainage system, the city should establish a policy whereby these
ditches are improved as the adjoining lots are built upon. Perhaps
the City could furnish the culvert material if,in our opinion, future
maintenance costs would be reduced, and have the contractor install
the culvert at his expense but at elevations determined by the City.
City of 5'ebastian
PO~T OFFICE ~OX 780l~;' t~ BEOA~iAN. FLOI~IIDA 32g1~
FAX 40~-58g-5510
SUBJECT:
Review Final Plat and Phasing for
Palm Lake Subdivision
Approved For Submittal
Manager
D~p~. Origin Community Development (BC)
Da%e Sub,hi ~ed 08-23-90
For Agenda
09-05-90
Exhtbt~'.
Memo dated 8-16-90 from Planning & Zoning
Memo dated 7-18-90 from Indian River Couna3
Application for Prelim~ Plat
Letter dated 6-21-90 frcm Henry Fischer
EXPEND ITUR~.
REQU I llED '.
AMOUNT
BUDGETED~
Let~r ~ted7-12-90 frcm Mr. ~the~y
APPROPRIATION
REQUIRED!
SUMHAR~ STATEMENT
On 02-14-89 the City Council approved the preliminary mobile home subdivision
for Sand Lake Park which is now named Palm Lake Subdivision. The,. applicant has
received a favorable recommendation from the Planning and Zoning Commission to
to approve the final plat for Phase I (North End) as submitted. Currently, the
applicant is requesting to have Phase I approved subject to a bond being posted
in the amount of $4,500.00 which will insure the construction of swales that have
not been completed. Also, the applicant is requesting to permit the construction
of a permanent guard house at the Stratton Avenue access which was inadvertently
left out of the preliminary construction plans.
I1ECOH;4ENDED ACTION
Move to direct the City Attorney to draft a resolution to approve Phase I of
Palm Lake Subdivision.
City of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
AUGUST 16, 1990
TO:
MAYOR AND CITY COUNCIL
FROM:
THROUGH:
LINDA KINCHEN
PLANNING AND ZONING SECRETARY
BRUCE COOPER ~
DIRECTOR OF COMMUNITY DEVELOPMENT
RE:
PALM LAKE -' FINAL PLAT PHASING REQUEST
PLEASE BE ADVISED THAT ON AUGUST 2, 1990 AT THEIR REGULAR
MEETING THE PLANNING AND ZONING COMMISSION REVIEWED THE
REQUEST FOR PHASING OF THE FINAL PLAT FOR PALM LAKE CLUB.
A MOTION TO RECOMMEND TO CITY COUNCIL THAT THEY APPROVE THE
PALM LAKE CLUB DEVELOPMENT IN TWO PHASES AND ALSO THT THEY
APPROVE PHASE I SUBJECT TO THE LETTER DATED JULY 18, 1990 OF
THE TECHNICAL REVIEW COMMITTEE WAS MADE BY MR. THOMPSON WITH
A SECOND BY MRS. O'CONNOR. THE-MOTION PASSED UNANIMOUSLY.
A coPY OF THE T[:~C LETTER IS ATTACHED FOR YOUR REVIEW,
SHOUI_.O YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL PREE TO
CONTACT OUR OFFICE.
LK:LK
City of Sebastian
POST OFFICE BOX 780127 13 SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
18 July 1990
Planning and Zoning Commission
Technical Review Committee
· Bruce Cooper~_y-
. Peter Jones ~_~
· David Fis~~
APPLICATION FOR FINAL PLAT / PHASING APPROVAL
· PALM LAKE CLUB
- MOBILE HOME PARK
LOCATION:
CURRENT ZONING:
APPLICANT=
APPLICATION REC'D:
North Side of Stratton Ave.
RMiI
Henry A. Fischer
3 July 1990
Based on our general review 6f the subject application and
documentation, we recommend the Planning and Zoning
Commission approve same subject to applicant's resolution of
the following comments and conditions: .
1)
Applicant to provide Engineer's signed and sealed written
verification that improvements are complete in accordance
with all plans, specifications, and requirements.
2)
Prior to submittal to City Council for final approval,.
City Attorney to provide legal opinion regarding road
easement for non-platted area.
This recommendation is based on a general review of the
documents submitted and does not preclude further changes/
requirements deemed necessary by the City as the project
progresses.
Copy to:
Applicant
APPLICATION FOR FINAL PLAT FOR A MAJOR SUBDIVISION
CITY OF SEBASTIAN
1225 MAIN STREET
SEBASTIAN, FL. 32958
TELEPIIONE #: 589-5330
Preliminary Application Number
Owner ~r~ ~.yx~ ..x~
Subdivision Name
Section
Project Surveyor
Project Engineer
Zoning Classification
Date of Approval
Phone # 5~-
t,.-,ky.r,=.
Township 31
A ~\~
Florida State #
Land Use Classification
At tile time of submitting Final Plat, pIat must contain all information required by
Section 20A-16.4 (C) Land Development Code and the following:
1. Fee of $250.00 made payable to the City of Sebastian.
2. Four (4) prints and two (2) reproducible mylars.
3. Check made payable to the Clerk of the Circuit Court of Indian River
for recording the plat in the amount established by that office. :
4. Copy of Homeowner's Assoc{ation or Conduminium Document, if applicable.
5. If developer elects to construct improvements after recording final
plat, developer must submit contract (triplicate) and guarantees of
110 percent of the amount. Section 2OA-16.3 (A) (2,) (L.D.C.).
Restrictiv~ covenXs' if applicable.
SIGNAT~f~E'O~ APPLICANT
Henry F/~chcr ~ $on~, Inc.
Land Clearing · Top Quality Fill
P. O. Box 780068
Sebastian, Florida 32978-0068
(407) 589-3'159
June 21, 1_990
Planning 6, ZonJ~g Board
c/o Cit. y ,,[ Sebastian
1225 bl;_~..in S'l:.reot;.
Sebasti.~.tt~, F1 329.58
[{EF: Pa].m Lake Club
[toat~d Heml..~crs:
in t'~[eren,'.r; Lo [',~l.m Lake Club, att:et- g[vJ_ng (hi.s
cot'~..[~l {~onsiderat.i_o~, ~e .[{:.el. [.hal I.~., appt'oach &t J.n a
t.wr_~ [',ha~e deve.lo[~me[~L i_s [he im.~st [~rodt.lCkive and
e.ffocti, vc~ al;,pr,.,ach to t:ake. We have discussed this
[,osaJ_}~J. lJ_ty ~ith khe vario~s utility companiea involved
this [,Fojecl;. and they con,::ur with us. As a private
commu;~ity, ['alm Lake C.[ub will also benefit from this plan
as it wj 11. offer a structured environment that 'will be
pleasing Io the residents.
Ple~,s~._-. review and Fecommend approval to the Cil:y
Council. Shou]cl you have any ,]uestions or require further
informatit,n, pl,:'~ase fee] £r,::e to call us at' 589~31.59.
Sincerely
t -- '~., '
ltAF/dk
EXECUTIVE TITLE OF SEBASTIAN, INC.
1623 N. U.S.1, Suite A4 - P.O. BOX 781960 - SEBASIIAN, FL 32978-19fl0
(407) 589-0034
July 12, 1990
Mr. Bruce Cooper
City of Sebastian
1225 ~ain Street
Sebastian, Florida 32958
RE: Plat of Palm 1,3ke Club Sut~ivision - Phase
Dear Mr. Cooper:
Tile easement referenced on said plat is actually the roadways for Palm Lake
Club subdivj.si.on - Phase II. The easonpl,t deed was requital only to 9qlarantee
ingress/Egress should the present developer not complete Phase II. Said
easement is no different than a F~]nicisxal or Private road and is not a part of
said plat of Phase I.
At such time Phase II is conlpleted tile easement would be invalid and become a
part of that plat. I have no problems with marketability of tile properties ill
Phase I, with said eas~nt not being shown on the plat of Phase I. Nor do I
}~lieve it should be requi, red. To show the roadways of Phase I1 on the Phase I
plat would simply cloud the issue.
If I ~ay be of a~y further as~i.,tanqe ~o you, please feel free to contact me at
anytime.
Respectful ly,
City of Sebastian
POST OFFICE I~OX 78Ol27 o SEBASTIAN, FLORIDA 32078
TELEPHONE (407) 580-$330
FAX 407-589-5570
SUBJECT:
REPORT ON SOLID WASTE
Approved For Submit'tal By:
City Manager f~~
Age,,a- ,o.
Dept. Orfgtn Community Development
Date Submitted
For Agenda Of
Exhtbt ts:
8/¢0/90
9/5/90
Memo Dated 8/30/90 From Bruce Cooper
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City is presenting a report on what steps the City has taken and will need
to be taken to insure compliance with certain policies of the City's Comprehensive
Plan and Florida Statues. Please refer to the attached memo.
RECOMMENDED ACTION
Review report.
City of Sebastian
POST OFFICE BOX 780127 (~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589~5330 ~ FAX (407) 589*5570
MEMORANDUM
DATE,
TO=
THROUGH:
FROM=
REFERENCE:
August 30, 1990
Mayor W.E. Conyers
and City Council
Pobert S. McClary
City Manager
Bruce Cooper
Director of Community Developme
Report on Solid Waste Disposal
This report is to advise City Council on what steps the City
has taken and needs to take in ~he immediate or near future
to insure compliance with the City's adopted Comprehensive
Plan and Florida statues requiring disposal of solid waste.
Since the City of Sebastian does not have a landfill~ the
City must rely on the County to provide sufficient land to
meet the County and municipality needs for proper disposal of
solid waste.
Florida Statute 403.706(2) requires each county to initiate a
recyclable materials recycling program by July l, 1989.
Counties and municipalities are encouraged to form
cooperative arrangements for implementing recycling programs.
The following requirements shall apply,
(a) Construction and demolition debrie must be separated
from the solid waste stream and segregated in separate
locations at a solid waste disposal facility or other
permitted site.
(b) At a minimum, a majority of the newspaper, aluminum
cans, glass, and plastic bottles must be separated from the
solid waste stream prior to final disposal at a solid waste
disposal facility and must be offered for recycling.
Page 2
(c) Local governments are encouraged to separate all
plastics, metal, and all grades of paper for recycling prior
to final disposal and are further encouraged to recycle yard
trash and other~_~ctk~ll~ly treated solid waste into compost
available for ~and other acceptable uses.
In order to achieve the requirements of this statue, the City
of Sebastian entered into a interlocal agreement by adopting
resolution R-89-25 which allows the County to submit grant
applications to F.D.E.R. on behalf of the County and the City
of Sebastian. The solid waste recycling and education grants
provided by F.D.E.R. may be used for the following purposes~
(a) Capital costs, if justified to and approved by F.D.E.R.;
(b) Establishing recycling centers at the County Landfill
and the existing solid waste collect_3[~centers for recycling
paper, glass, plastic, compostable~white goods, and
metals~
(c) Shredding of organic materials for composting and or
reuse as mulch~
(d) Promotion of recycling, volume reduction, and proper
disposal~
(e) Market development for recyclable materials; and
(f) Other uses provided for under the grants program and
authorized by the FDER.
The County has received the grants from F.D.E.R. and have
implemented the programs as outlined above. The City Council
should consider implementing a recycling program to separate
plastics, metal, aluminum, and paper at all City owned
facilities. City staff could present and outline such a
program at the City Council's next workshop meeting.
F.S. 403.706(4) requires that all landfills must achieve a
30 percent reduction in solid waste volumes by the end of
1994. To meet the requirements of this statue, the City of
Sebastian and Indian River County have adopted within their
Comprehensive Plans certain policies. Paraphrasing a portion
of policy 4-2.1b.1 out of the City's Goals, Objectives, and
Policies require's the City to coordinate with Indian River
Co~Jnty to,
- }{anagement strategies for implementing recycling
efforts.
- Curb illegal dumping of solid waste.
Page 3
- Prepare a strategy compliant requiring a 30 percent
reduction in solid waste volumes by 1994.
Policy 4-2 of the Indian River County Comprehensive Plan
states, "by 1991, the County shall initiate a mandatory door-
to-door collection system to generate sufficient volume of
ways for recycling, to efficiently separate waste at the
place of generation, and to solve the problem of illegal
dumping along county roadways, private properties, and at
transfer station sites. Upon the establishment of door-to-
door collection, the transfer stations will be closed.
In talking with Ron Brooks, indian River County's Solid Waste
Director, though the County's recent legislation to require
mandatory door-to-door collection system in the
unincorporated area of the County failed, the County staff
will be presenting in the immediate future additional
justification for mandatory collection. The County must
insure that the private haulers would be able to provide
service to collect solid waste after it has been separated at
its source. Basically, this means the private haulers must
have additional vehicles and personnel to accommodate a
recycling system.
City staff will update the City Council by coordinating and
reviewing the County's proposals and policies to achieve
compliance with City's Comprehensive Plan and certain state
mandates. Currently, with the county's landfill receiving
over 440 tons of solid waste each day and landfills costing
over $250,000 per acre to construct just to recieve .
~waste, recycling mandatory may
and
collection
be
inevifa~b-I-~ to reduce solid waste, reduce pollutants in the
air and ground water, curb illegal dumping, and to reduce the
demand on natural resources.
City of Sebastian
POST OFFICE BOX 780127 cl SEBASTIAN, FLORIDA 32978
TELEPHONE (40?) 589-5330
FAX 407-589-5570
SUBJECT:
Report on Building Activity to Justify
the Part-time Building Inspector
Approved For Submittal By:
Cfty Manager
Agenda No.
Dept. OriGin Community Development (BC)
Date Submitted
For Agenda Of
Exhibf ts:
8/29/90
9/5/90
Monthly Reports from 9/89-8/90
Bar Graphs for Permit Activity
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Council at its last regular meeting asked staff to present a' report concerning
building activity. Tile concern was whether or not the City is experiencing a decrease
in building permits due to the economy. I feel the monthly reports and bar graphs
indicate no decrease in overall activity. The intent of the City Council approving
the Building Inspector.Part-time Position on March 28, 1990 was to fill the position
as a temporary employee. The standing operating procedures for the City of Sebastian
defines temporary employee as, "a full time or part-time employee hired to work on a
temporary basis such as a seasonal, transitory, or short term project basis, as
distinquished from a permanent long term basis. A temporary employee can be laid off
at anytime without cause. I personally made it clear to all persons being interviewed
for this position that the amount of hours would be dictated by the work flow.
RECOMMENDED ACTION
Staff would respectfully request City Council to authorize to fill this temporary
Part-time Building Inspect.or II position.
CITY OF SEI:.AS I 1AN
PERIODIC REPORT (DF' PERM.ITS ISSUED (GROUPl;.'I) BY REPORT CODE)
Printed on: AUGUST 29, 1.990
DATI,] RANGE: 0810.1./90 THROUGII 08128190
RESIDENTIAL:
** One Family
** Two Fami].y
** Mul I; i-Family
** Hotels, Motels, & Inns
..)I)L PRMS VAI, UATION FEES UN'ITS
........ Jl::g ...........
2~ .[ , 654 , 023 . 00 12,195.74
28
0 . 00 0 · 00 0
1 .160,000.00 863 · 00 4
0 0.00 0.00 0
......... > SFR
> DUPX
> MHI,T
1NNS
COMMERCIAL:
** ASSEMBLY
** 1.1US.[NESS
** EDUCATIONAL
** FACTORY INDUSTRIAL
** HAZARDOUS
** INSTITUTIONAL
** MERCANTILE
* * STORAGE
A
B
> E
> F
> H
->
> M
-~-> S
0 0.00 0.00 0
0 0 . 00 0 . 00 0
0 0.00 0.00 0
0 0.00 0.00 0
0 0 . 00 0 . 00 0
0 0.00 0.00 0
0 0.00 0.00 0
0 0.00 0.00 0
ADDITIONS:
** RESIDENTIAL
** COMMERCIAL ....
* ~ PLUIqBI. NG ............
ELECTRI. CAL - .............
MECIIAN ICAL
SW1MMIN(; POOL ...........
STIED
RC)OF
SiGN
MC)B1LE IIOME
FENCE
REMODEL RESIDENTIAL
REMODEL COMMERCIAL ......
SCREEN ENCLOSURE
LAWN SPRINKLER
DEMOLITION
SOLAR SYSTEM
M.iSCELLANEOUS
> AR 4 13,850.00 192.00 0
> AC 0 0.00 0.00 0
....... > PLUM :14 250.00 2,826.00 0
> EI_,EC .52 ,[, 690.00 3,204.60 0
~ MECH 35 100.00 46.00 0
...... > S W :l.~l l.l ].12,507.00 1,119.00 0
> SIIED 7 5,150.00 157.50 0
> ROOF 18 33,979.00 570.00 0
> SIGN 7 1,195.00 106.00 0
> Mil 3 ]69,000.00 537.00 3
> FENC 6 3,033.00 90.00 0
~ REMR 0 0.00 0.00 0
> REMC 0 0.00 0.00 0
> SCRE 13 37,073.00 528.00 0
> LAWN 0 0.00 0.00 ' 0
> DEMO 0 0.00 0.00 0
---'> SOLA 0 0.00 0.00 0
> MISC 20 35,825.00 622.50 0
TOTALS FOR PERMITS SIIOWN ABOVE
239 2,227,675 · 00 23,057.34 35
Totals of other pern, iLs in the period
'tOTAL FOR ALL PERM.ITS ]N TIIE PERIOD
.I. l , (} 8 O, 0 0 2 4 · 0 0 0
24 0
2,220,755.00
23,081.34 35
CITY OF SEBASTIAN
PERIODIC REPORT OF PERMITS ISSUED (GROUPED BY REPORT CODE)
Printed on: AUGUST 1, 1990
DATE RANGE: 07/01/90 THROUGH 07/3.1/90
RESIDENTIAL:
** One Family
** Two Famlily
** Multi-Family
** Hotels, Mote]s, & in~s
CODE PRMS
VALUATION
FEES UNITS
> SFR 40 2,364,984.00 16,931.08
> DUPX 0 0.00 0.00
> MULT 0 0.00 0.00
> INNS 0 0.00 0.00
40
0
0
0
COMMERCIAL:
** ASSEMBLY
** BUSINESS
** EDUCATIONAL
** FACTORY iNDUSTRIAL
** ItAZARDOUS
** INSTITUTIONAL
** MERCANTILE
** STORAGE
> A 0 0.00 0.00
> B 0 0.00 0.00
> E 0 0.00 0.00
> F 0 0.00 0.00
> Il 0 0.00 0.00
> I 0 0.00 0.00
> M 0 0.00 0.00
> S 0 0.00 0.00
0
0
0
0
0
0
0
0
ADDITIONS:
** RESIDENTIAL
** COMMERCIAL
** PLUMBING
ELECTRICAL
MECIIANICAL
SWIMMING POOL
STIED
ROOF
SIGN
MOBIi.,E HOME
FENCE
REMOI)EL IIESIDENTIAL
REMODEL COMMERCIAL
SCREEN ENCLOSURE
LAWN SPRINKLER
D EM(') I', I 'F I ON
SOLAR SYSTEM
MISCELLANEOUS
> AR 6 25,562.00 342.00
> AC 1 5,000.00 1.00
> PLUM 41 0.00 3,588.00
> ELEC 56 105.00 3,784.75
> MEC[t 44 550.00 55.00
> SWIM 11 119,380.00 1,164.00
> SHED 4 2,993.00 87.00
..... > ROOF 9 14,938.00 267.00
> SiGN 1 400.00 15.00
> MI{ 2 110,000.00, 358.00
> FENC 10 6,405.50 150.00
> REMR 0 0.00 0.00
> REMC 1 20,000.00 207.00
> SCRE 19 44,504.00 675.00
> [,AWN 0 0.00 0.00
> DEMO 0 0.00 0.00
> SOLA 0 0.00 0.00
> MISC 12 18,466.00 327.00
0
0
0
0
0
0
0
0
0
2
0
0
0
0
0
0
0
0
TOTALS FOR PERMITS SHOWN ABOVE
Totals of other permits in the period
TOTAL FOR ALL PERMITS IN TIlE PERIOD
257 2,733,287.50 27,951.83
0 0.00 0.00
42
257 2,733,287.50 27,951.83 42
CiTY OF SEBASTIhN
F'ERIODIC' REPOIU[' OF F'EIIMITS iSSUED (GROUPED BY REPORT CODE)
Printed on: JULY 2, 1990
I)A'I.'E RANGE: 06/01./90 TIIROUGH 06/30/90
CODE PRMS
VALUATION
FEES UNITS
SF'R
I.)UPX
M IJ I,T
INNS
38 2,375,884.00 16,402.40 1.4
0 0.00 0.00 0
0 0.00 0.00 0
0 0.00 0.00 0
(.'OHH FiRC I A I,:
** A,qSEHBI,Y
** BUS I NE.qS
* * EI)UCATiONAL - ...................
** FACTORY INDUS'I'RIAI,
** llAZARD()US
* * I NSTI TUT I.(')NAi., - ....................
** MERCANTILE
* * STOIDM'3E
~ A 0 0.00 0.00 8
B 0 0 · 00 0 · 00 0
E 0 0 . 00 0 . 00 0
F 0 0 · 00 0 · 00 0
I! 0 0 · 00 0 · 0 0 0
I 0 0 · OO 0 · O0 0
> M 0 0 . 00 0 . 00 0
S 0 0 · 00 0 · 00 0
RI Il) F ........
S I GN
MOB'II,E llOblE
F E N (7
REMODEL RESIDENT.IAI.,
REblOI)EL COMMERCIAL
SCRI'~EN ENCI,OSURE
LAWN SPll.INKI.,EI~
AR
AC
PLUM
EI.,EC
MECH
SWIM
SIIED
ROOF
S I (iN
Mil
FENC
R EMR
REHC
SCRE
i,AWN
DEMOI,ITI()N ......................... > DEMO
SOLAR SYS'I'I;;F1 > SOI,A
M [SCEI,LANEOUS ...... > M1. SC
1 7,51)0.00 90.00 0
2 62,500.00 476.00 0
40 0.00 3,272.00 0
57 0.00 3,491).55 0
40 0.00 40.00 0
14 130,830.99 1,2[5.00 0
4 2,477.00 69.110 0
9 17,500.00 300.00 0
0 0.00 0.00 0
0 0.00 0.00 0
12 6,976.00 180.00 0
0 0.00 0.00 0
0 0.00 0.00 0
1.4 43,831.00 612.00 0
l) 0.00 0.00 0
0 0 · 00 0 · 00 0
0 0.00 0.00 0
1.4 9,538.00 285.00 0
T(YrAI,S FOR PERMITS SIIOWN ABOVE
245 2,657,036.99 26,431.95' 14
Totals of oLher permi, ts i,n I'_he per.i, od
TOTAl., F'Oil ALL, I:'ERM£TS IN TIlE PER1OI)
0 0. O0 0.00 0
245 2,657,036.99 26,43]... 95 14
CITY OF SEBASTIAN
PEIIlODIC REPORT OF PERMITS ISSUED (GROUPED BY REPORT CODE)
TIliS REPORT WAS PRINTED ON JUNE 01, 1990
DATE RANGE: 05/01/90 THROUGH 05/31/90
CODE PRMTS
VAI,UATION
RESII)ENT.IAI,:
** One Faini ly
** 'l'w~, Fami.ly
** Mu].ti-Fami_ly
** llotels, Mote]s, & .[Dna
> SFR
> DUPX
---> MULT
> INNS
34
0
0
0
2,073,367.00
0.00
0.00
0.00
>
>
A
B
E
F
H
I
M
S
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Al)l) I' T 1 ()NS:
** RF. SI DEN'[' 1AL
** COMMERC [Al,
** PI.,t.IMB.1 NG .....
EI,ECTR [CAL
MECIIAN [CAI,
SWIMMING P(')O I,
-->
SIlEI) >
ROOF' >
SIGN >
MOBIt, E IlOME >
FENCE >
REMODEL RESIDENTIAL >
REMOI)EL COMMERCIAL >
SCREEN ENCIX)SURE >
LAWN SPRINKI,ER >
DEMOLITION >
SOLAR SYSTEM >
MISCE[,LANEOUS >
Ail
AC
PLUM
ELEC
MECH
SWIM
SHED
ROOF
SiGN
Mit
FENC
REMR
REMC
SCRE
LAWN
DEMO
SOLA
MISC
8
0
34
50
33
13
5
4
6
0
14
0
0
20
0
0
0
8
28,605.00
0.00
0.00
800.00
0.00
114,886.99
2,B94.00
6,575.00
11,186.00
&.O0
7,905.00
0.00
0.00
51,919.00
0.00
0.00
0.00
11,389.00
FEES
14,679.24
0.00
0.0O
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0.00
399.00
0.00
2,953. O0
2,952.10
33.00
978.00
93.00
] 08.00
125.43
0.00
210.00
0.00
0.00
792.00
0.00
0.00
0.00
240.00
TOTALS F()R PERM[TS SHOWN ABOVE
Totals of other permits in the period
TOTAl, ["Ot~ ALL PEIiMI'I'S iN THE PERIOD
229
0
229
2,309,526.99
0.00
2,309,526.99
23,562.77
0. O 0
23,562.77
CITY OF SEBASTIAN
PERIODIC REPORT OF PERMITS iSSUED (GROUPED BY REPORT CODE)
THIS REPORT WAS PRINTED ON MAY 01, 1990
DATE RANGE: 04/01/90 THROUGH 04/30/90
~ESIDENTIAL: * ()ne Family ........
* Two Family ...........
* Multi-Family
* Hotels, Motels, & Inns
CODE PRMTS VALUATION
'OMMERCiAL:
* ASSEMBLY
* BUSINESS
* EDUCATIONAL
* FACTORY INDUSTRIAL
* HAZARDOUS ..................
* INSTITUTIONAL
* MERCANTILE ......
* STORAGE
.... > SFR 24 1,563,683.00
'> DUPX 0 0.00
> MULT 0 0.00
> INNS 0 O.OO
.DDiTIONS:
~* RESIDENTIAL
~* COMMERCIAL
'* PLUMBING
'~I,E _q RICAL
4ECHANICAL .......
~WIMMING POOL
{[{ED .........
{OOF .......
{IGN
> A 1 41,611.90
> B 0 0.00
> E 0 0.00
> F 0 0.00
..... > H 0 0 . 00
> I 0 0.00
> M 0 0.00
> S 0 0.00
>
>
1OBILE HOME
.'"ENCE
IEMODEI, RESIDENTIAL
~EMOI)EL COMMERCIAL
~CREEN ENCLOSURE
,AWN SPRINKLER .....
)EMOLITION
~O[,AR SYSTEM
ISCELLANEOUS .............
>
>
>
>
>
>
AR 8 51,580.00
AC 0 0.00
PLUM 30 0.00
ELEC 41 250.00
MECH 32 2,091.00
SWI~ 9 89,637.00
SHED 4 1,554.00
ROOF 9 15,365.00
SIGN 2 350.00
MH 3 168,900.00
FENC 19 12,245.00
REMR 0 0.00
REMC 1 26,726.50
SCRE 12 24,878.00
LAWN 1 500.00
DEMO 0 0.00
SOLA 0 0.00
MlSC 15 16,745.00
FEES
11,174.30
0.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
600.00
0.00
2,162.00
2,445.20
71.00
864.00
69.00
267.00
25.00
537.00
271.00
0.00
1.00
399.00
15.00
0.00
0.00
363.00
OTALS FOR PERMITS SItOWN ABOVE
211 2,016,116.40
19,264.50
~otals of other permits in the period
'OTAL FOR ALL PERMITS IN THE PERIOD
0 0.00
0.00
19,264.50
211 2,016,116.40
CITY OF SEBASTIAN
PERIODIC REPORT OF PERMITS ISSUED (GROUPED BY REPORT CODE)
THIS REPORT WAS PRINTED ON APRIL 03, 1990
DATE RANGE: 03/01/90 TBROUGH 03/31/90
RESIDENTIAL:
** One Family
** Two Family
** Multi-Family
** Hotels, Motels, & Inns
CODE PRMTS
> SFR 34
> DUPX 0
> MULT 0
> INNS 0
VALUATION
2,122,164.00
0.00
0.00
0.00
COMMERCIAL:
** ASSEMBLY ....
** BUSINESS
** EDUCATIONAL ...............
** FACTORY INDUSTRIAL
** HAZARDOUS
** INSTITUTIONAL
** MERCANTILE
** STORAGE .................
........ > A 0
> B 0
..... > E 0
> F 1
> H 0
> I 0
> M 0
..... '--> S 0
0.00
0.00
0.00
165,000.00
0.00
0.00
0.00
0.00
ADDITIONS:
** RESIDENTIAL
** COMMERCIAL
** PLUMBING ............
ELECTRICAL
MECHANICAL
SWIMMING POOL
SRED
R OO F
S I GN
MOBILE HOME
FENCE
REMODEL RESIDENTIAL ......
REMODEL COMMERCIAL
SCREEN ENCLOSURE
LAWN SPRINKLER
DEMOI, ITION
SOLAR SYSTEM
MISCELLANEOUS
> AR 4
> AC 2
> PLUM 38
> ELEC 54
> MECH 40
> SWIM 8
> SHED 4
> ROOF 8
> SIGN 6
> Mit 1
> FENC 13
..... > REMR 0
> REMC 0
> SCRE 17
> LAWN 0
> DEMO 0
> SOLA 0
> MISC 16
9,825.00
55,841.00
0.00
1,400.00
3,352.00
80,699.50
1,381.00
16,930.00
1,145.00
63,000.00
8,501.50
0.00
0.00
42,983.00
0.00
0.00
0.00
36,121.00
FEES
15,042.41
0.00
0.00
0.00
0.00
0.00
0.00
879.00
0,00
0.00
0.00
0.00
182.70
100.00
3,104.00
3,222.30
68.00
792.00
60.00
264.00
75.00
179.00
195.00
0.00
0.00
636.00
0.00
0.00
0.00
573.00
TOTALS FOR PERMITS SHOWN ABOVE
246 2,608,343.00
25,372.41
Totals of other permits in the period
TOTAL FOR ALL PERMITS IN THE PERIOD
0 0.00 0.00
246 2,608,343.00 25,372.41
CITY OF SEBASTIAN
PERIODIC REPORT OF PERMITS iSSUED (GROUPED BY REPORT CODE)
THIS REPORT WAS PRINTED ON MARCH 01, 1990
DATE RANGE: 02/01/90 THROUGH 02/28/90
CODE PRMTS VALUATION
RESIDENTIAL:
** One Family
** Two Family
** Multi-Family -
** Hotels, Motels, & inns
> SFR 37 2,264,772.00
> DUPX 1 65,000.00
> MULT 0 0.00
> INNS 0 0.00
COMMERCIAL:
** ASSEMBLY
** BUSINESS
** EDUCATIONAL ---
** FACTORY INDUSTRIAL
** HAZARDOUS
** INSTITUTIONAL
** MERCANTILE ........
** STORAGE
>
>
>
>
>
A 1 997,700.00
B 0 0.00
E 0 0.00
F 0 0.00
H 0 0.00
I 0 0.00
M 0 0.00
S 0 0.00
ADDITIONS:
** RESIDENTIAL
** COMMERCIAL
** PLUMBING
ELECTRICAL
MECHANICAL ......
SWIMMING POOL
SIIED
>
>
>
>
>
>
>
>
>
>
>
>
>
>
R OO F .......
SIGN
MOBILE HOME
FENCE
REMODEL RESIDENTIAL
REMODEL COMMERCIAL
SCREEN ENCLOSURE
LAWN SPRINKLER
DEMOLITION
SOLAR SYSTEM
MISCELLANEOUS ......
AR 8 29,600.00
AC 2 17,000.00
PLUM 44 0.00
ELEC 61 200.00
MECH 46 200.00
SWIM 9 99,500.00
S~ED 13 8,552.00
ROOF 4 9,750.00
SIGN 6 2,217.00
MH 4 213,000.00
FENC 14 8,834.66
REMR 0 0.00
REMC 0 0.00
SCRE 12 29,991.00
LAWN 0 0.00
DEMO 1 0.00
SOLA 0 0.00
MISC 8 30,600.00
FEES
16,551.38
470.0O
0.00
0.00
3,376.00
0.00
0.00
0.00
0.0O
0.00
O. 0O
0.00
421.00
207.00
3,618.00
4,419.45
63.00
990.00
244.50
156.00
80.00
716.00
210.00
0.00
0.00
432.00
0.00
15.00
0.00
406.50
TOTALS FOR PERMITS SHOWN ABOVE
271 3,776,916.66
32,375.83
Totals of other permits in the period
TOTAL FOR ALL PERMITS IN THE PERIOD
0 0.00
271 3,776,916.66
0.00
32,375.83
CITY OF SERASTIAN
PERIODIC REPORT oF PERMITS ISSUED (GROUPED BY REPORT CODE)
THiS REPORT WAS PRINTED ON FEBRUARY 01, 1990
DATE RANGE, 01/01/90 THROUGH 01/31/90
CODE PRMTS
VALUATION
RESIDENTIAL:
** One Family
,4 Two Family
,4 Multi-Family
4, Hotel~, Motels, & Inns
> SFR
---> DUPX
> MULT
--> INNS
32
2,075,950.00
75,000.00
0.00
0.00
COMMERCIAL:
** ASSEMBLY
4, BUSINESS
4, EDUCATIONAL ---
** FACTORY iNDUSTRIAL
** HAZARDOUS
** INSTITUTIONAL
** MERCANTILE
** STORAGE
> A
> B
> E
> F
--- > H
> I
> M
---> S
FEES
ADDITIONS~
** RESIDENTIAL
~ COMMERCIAL
~ PLUMBING
ELECTRICAL
MECHANICAL
SWIMMING POOL
SHED
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
ROOF
SIGN
MOBILE HOME
FENCE
REMODEL RESIDENTIAL
REMODEL COMMERCIAL
SCREEN ENCLOSURE
LAWN SPRINKLER
DEMOLITION
SOLAR SYSTEM
MISCELLANEOUS
AR
AC
PLUM
ELEC
MECH
SWIM
SHED
ROOF
SIGN
MH
FENC
REMR
REMC
SCRE
LAWN
DEMO
SOLA
MISC
15,022.12
530.00
0.00
0.00
1 330,000.00 2,060.00
0 0~00 0.00
0 0.00 0.00
0 0.00 0.00
0 0.00 0.00
0 0.00 0.00
1 27,000.00 148.00
0 0.00 0.00
11 40,540.00 543.00
0 0,00 0.00
40 0.00 3,252.00
57 0.00 4,031.65
39 0.00 39.00
13 157,514.00 1,365.00
14 14,654.60 333.00
6 14,725.00 216.00
6 3,438.00 102.19
4 225,700.00 716.00
9 6,724.00 135.00
0 0.00 0.00
0 0.00 0.00
13 36,037.00 528.00
2 1,550.00 30.00
1 0.00 1.00
0 0.00 0.00
12 47,716.90 442.00
TOTALS FOR PERMITS SHOWN ABOVE
262 3,056,549.50
29,493.96
Totals of other permits in the period
TOTAL FOR ALL PERMITS IN THE PERIOD
0 0.00 0.00
262
3,056,549.50
29,493.96
CITY OF SEBASTIAN
PERIODIC REPORT OF PERMITS ISSUED (GROUPED BY REPORT CODE)
TillS REPORT WAS PRINTED ON JANUARY 03, 1990
DATE RANGE: 12/01/89 THROUGIt 12/31/89
CODE PRMTS
VALUATION
RESIDENTIAL:
** ()ne Family
** Two Family
** Multi-Family
** Hotels, Motels, & Inns
SFR 23
DUPX 0
MULT 0
INNS 0
1,466,795.00
0.00
0.00
0.00
COMMERCIAI,:
** ASSEMBLY
** BUSINESS .............
** EDUCATIONAL
** FACTORY INDUSTRIAL
** ilAZARDOUS
** INSTITUTIONAL
** MERCANTILE
** STORAGE
FEES
ADDITIONS:
** RESIDENTIAl,
** COMMERCIAL
** PLUMBING
ELECTRICAL
MECHANICAL ........
SWIMMING POOL
SIZED
10,669.76
0.00
0.00
0.00
ROOF
SIGN
MOBILE HOME .....
FENCE
REMODEL RESIDENTIAL
REMODEL COMMERCIAL
SCREEN ENCLOSURE .....
LAWN SPRINKLER
DEMOI, ITION
SOLAR SYSTEM
MISCELLANEOUS
> A 0 0.00 0.00
~ B 0 0.00 0.00
> E 0 0.00 0.00
> F 0 0.00 0.00
> H 0 0.00 0.00
> I 0 0.00 0.00
> M 0 0.00 0.00
> S 0 0.00 0.00
> AR ].0
> AC 2
> PLUM 29
> ELEC 42
....... > MECH
> SWIM 4
> SHED 3
> ROOF 7
> SIGN 3
> MH 2
> FENC 9
> REMR 1
> REMC 0
> SCRE 13
> LAWN 0
> DEMO 0
> SOLA 1
--> MISC 7
26,244.00
80,000.00
0.00
500.00
500.00
29,450.00
2,105.00
2O,965.OO
575.00
98,90Q.00
8,495.63
3,OOO.O0
0.00
36,923.73
0.00
0.00
2,000.00
14,400.00
408.00
562.00
2,220.00
2,869.65
16.00
330.00
63.00
288.00
35.00
359.00
135.00
48.00
0.00
531.00
0.00
0.00
36.00
246.00
TOTALS FOR PERMITS SItOWN ABOVE
167 1,790,853.36
18,816.41
Totals of other permits in the period
TOTAL f'OR ALL PERMITS iN THE PERIOD
0 0.00 0.00
167
1,790,853.36
18,81.6.41.
CITY OF SEBASTIAN
PERIODIC REPORT OF PERMITS ISSUED (GROUPED BY REPORT CODE)
THIS REPORT WAS PRINTED ON DECEMBER 04, 1989
DATE RANGE: 11/01/89 THROUG}! 11/30/89
CODE PRMTS
VALUATION
RES I DENTIAL:
** One Family
** Two Family
** Multi-Family .........
** Hotels, Motels, & Inns
> SFR 33
> DUPX 3
..... > MULT 0
> iNNS 0
1,981,735,00
180,000.00
0.00
0.00
COMMERCIAL:
** ASSEMBLY
** BUSINESS
** EDUCAT[ONAI,
** FACTORY INDUSTRIAL
** HAZARDOUS
** INSTITUT]ONAI.,
** MERCANTILE
** STORAGE ....
> A 1
> B 0
> E 0
> F 1
> H 0
> I 0
> M 0
..... > S 0
22,000.00
0.00
45,000,00
0.00
0~00
0o00
ADDITIONS:
** RE,qlDENTIAL ...........
** COMMERCIAL
** PLUMBING
E I,ECq'R I UAL
HEC[tAN [CAb
SWIMMING POOl, ...............
SHED
R OO F ...............
S 1GN
MOBILE IIOME
FENCE
REMODEL RESIDENTIAL
REMODEL COMMERCIAL
SCREEN ENCLOSURE
I,AWN SPRINKLER
DI£MOI, I T I ON
SOIoAR SYSTEM
MiSCEi, LANEOUS
> AR
> AC
> PLUM
> ELEC
> MECH
...... > SWIM
> SHED
> ROOF
.... > SIGN
> M[l
> FENC
> REMR
> REMC
> SURE
> LAWN
> DEMO
> SOLA
> MISC
FEES
14,575.21
1,323.00
0.00
0.00
219.00
0.00
0.00
357.00
0.00
0.00
0.00
0.00
1 3,445.00 48.00
0 0.00 0.00
39 0,00 3,234.00
57 2,450,00 3,627.80
3 986~00 30.00
13 144~734~00 1,329.00
6 4,800~55 129.00
14 21,350.00 390.00
3 5,08~.37 65.00
0 0~00 0.00
8 3,555.00 120.00
0 0,00 0.00
I. 600,00 24.00
14 36,251.00 531.00
1. 500.00 1.5.00
0 0.00 0.00
1 1,800.00 12.00
8 14,695.00 246.00
TOTALS F'()R PERMITS SItOWN ABOVE
207 2,468,989.92
26,275.01
Totals of other pormits in the period
T()TAI, F()R ALI., ['ERMITS IN TIlE PERIOD
0 0,00 0. II0
207
2,468,989~92
26,275.01.
CITY OF SEBASTIAN
PERIODIC REPORT OF PERMITS ISSUED (GROUPED BY REPORT CODE)
THIS REPORT WAS PRINTED ON NOVEMBER 01, 1989
DATE RANGE: 10/01/89 THROUGH 10/31/89
RES!DENTI At.,
** One Family ...............
** Two Fami]¥
** Multi-Family
** Hot:els, Mote]s, & Inns
CODE PRMTS
coMMERCIAL:
** ASSEMBLY ............
** BUSINESS
** EDUCATIONAL
** FACTORY INDUSTRIAL
** HAZARDOUS ....................
** INSTITUTIONAL - .............
** MERCANTILE
** STORAGE ......
SFR 36
DUPX 0
MULT 0
INNS 0
VALUATION
2,214,178,00
0.00
0.00
0.00
FEES
ADDITIONS:
** RESIDENTIAL
** COMMERCIAL
** PLUMBING .....
EI,E(?q'RICAL
MECHANICAL --
SWIMMING POOL
SHED
16,243.69
0.00
0,00
0.00
ROOF ......
SIGN
MOBILE HOME .......
FENCE
REMODEL RESIDENTIAL
REMODEL COMMERCIAL ......
SCREEN ENCLOSURE
LAWN SPRINKLER
DEMOI,ITION
SOLAR SYSTEM
MISCELLANEOUS
> A 0 0;00 0.00
-} B 0 0,00 0.00
> E 0 0,00 0.00
> F 0 0,00 0,00
---> H 0 0.00 0.00
.... > I 0 0.00 0.00
> M 0 0~00 0.00
> s 0 0,00 0.00
---> AR 5
> AC 0
-> PLUM 45
> ELEC 64
> MECH
> SWIM 13
- > SHED 8
-- > ROOF 6
> SIGN
> MH 4
> FENC 7
> REMR O
> REMC 1
> SCRE 18
> LAWN 2
-- > DEMO 0
> SOLA 0
> MISC 9
23,000,00
0.00
0.00
4,350.00
150.00
149,755~87
4,686,00
11,520.00
285,00
211,700,00'
5,831,00
0.00
4,000,00
47,615.00
2,475,00
0~00
0.00
13,940.00
300~00
0.00
3,253.00
3,769.98
15.00
1,365.00
183~00
192,00
15,00
720.00
120.00
0,00
60.00
696,00
30.OO
0,00
0.00
282~00
TOTALS FOR PERMITS StlOWN ABOVE
220
2,693,485.87
27,244,67
Totals of other permits in the period
TOTAL FOR ALL PERMITS IN THE PERIOD
0
220
0,00
2,693,485.87
O. 00
27,244.67
CiTY OF SEBASTIAN
PERIODIC REPORT OF PERMITS ISSUED (GROUPED BY REPORT CODE)
THIS REPORT WAS PRINTED ON OCTOBER 02, 1989
DATE RANGE: 09/01/89 THROUGH 09/30/89
CODE PRMTS
VALUATION
[{ESIDENTIAL
** One Family
** Two Family
** Multi-Family
** Hotels, Motels, & Inns
> SFR 42
> DUPX 1
> MULT 0
'> INNS 0
2,656,154.00
55,000.00
0.00
0.00
COMMERCIAL:
** ASSEMBLY
** BUSINESS
** EDUCATIONAL
** FACTORY INDUSTRIAL
** HAZARDOUS
** INSTITUTIONAL -
** MERCANTILE
** STORAGE
> A 0
> B 0
....... > E 0
---> F 0
> H 0
> I 0
> M 1
---> S 1
0.00
0.00
0.00
0o00
0.00
0.00
110,000.00
60,000.00
ADDITIONS:
** RESIDENTIAL ....
** COMMERCIAL
** PLUMBING
ELECTRICAb
MECHANICAL
SWIMMING
SHEI)
ROOF
> AR 6
> AC 1
> PLUM 48
> ELEC 60
---> MECH 2
> SWIM 9
---> SHED 11
> ROOF 1
........ > SIGN 4
> Mit 2
> FENC 3
> REMR 0
> REMC 1
> SCRE 10
> LAWN 0
> DEMO 1
> SOLA 0
> MISC 5
S I GN
MOBI_LE
FENCE
REMODEL RESIDENTIAL
REMODEI, COMMERCIAL
SCREEN ENCLOSURE
LAWN SPRINKLER
DEMOb I T I (.)N
SOLAR SYSTEM ............
MISCELLANEOUS
20,500.00
4,000.00
0.00
940.00
350.00
96,971.50
8,162.98
1,700.00
1,880~00
109,800.00
5,145.00
0.00
600.00
24,265.00
0,00
2,000.00
0.00
2,788.00
FEES
19,345.28
411.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
714.00
477.00
291.00
60.00
4,038.00
4,593.15
36.00
945.00
228.00
24.00
86.50
360.00
45.00
0.00
24.00
360.00
0.00
15.00
0.00
97.50
TOTALS FOR PERMITS SHOWN ABOVE
2O9
3,160,256,48
2,150,43
Totals of other permits in the period
TOTAL FOR ALL PERMITS IN THE PERIOD
0
209
'0.00
32,150.43
City of Sebastiatl
POST OFFICE BOX 780121 o SEBASTIAN, FLORIDA 32g78
TELEPHONE (40?) 589-~330
FAX 401-589-5570
SUBJECT:
PROPOSED LANGUAGE FOR FENCE ORDINANCE
Approved For Subml, ttal By:
Citi Manager ~
Agenda No.
Dept. Origin
Date Submitted
For Ageuda Of
ExhibI ts:
Community Development
8/29/90
9/5/90
Memo Dated 8/29/90 From Bruce Cooper
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Council at the last regular council meeting asked staff to forward
a proposed amendment to the existing fence ordinance to allow front yard fences.
Attached is my proposal which I will have a brief presentation at the workshop
meeting.
RECOMMENDED ACTION
Review proposed amendment and, if appropriate, direct the City Attorney to draft
an ordinance.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE~ August 29, 1990
TO: Mayor W.E. Conyers and City Council
THROUGH: Robert S. McClar¥, City Manager
FROM: Bruce Cooper, Director of Community Developme,~.~
REF: Proposed Language for Fence Ordinance
Below would be my recommendation for language for an
amendment to Section 2OA-5.9 of the Land Development Code as
requested by City Council.
[1] General Provisions:
(a) Permit required. All fences shall require a building
permit prior to the installation or erection and it shall be
unlawful for any person to erect, alter, or locate a fence
within the City without first having made application for and
have been issued a permit therefore. A building permit is
required for fence replacement or any repair of existing
fences exceeding 50 percent or more of the value of the
existing fence.
(b) Application for a fence permit shall be made to the
Building Official and shall include the following,
(~.)
A survey prepared by a licensed surveyor of the
State of Florida.
(2) Proposed location, length and height of fence.
(3) Description of materials contained in the fence.
(c) Building Official is hereby authorized to issue a fence
permit upon his finding that the proposed fence is in
Page 2
compliance with the provision of this article and all other
pertinent state and local regulations, and upon payment of
the appropriate fee as set forth in Section 7-20 of the Code
of Ordinances. The building permit for the said fence shall
be subject to all other regulations pertaining to building
permits in general.
(d) The fence structure shall be adequate to withstand wind
loading and shall in no way inhibit or divert the free flow
of surface water from its natural course prior to installa-
tion.
(e) If post or supporting members are in or on the ground
they shall be of decay, corrosion and termite resistant
material, whether treated or natural.
(f) Ail fences shall be maintained in a non-hazardous
condition and shall not be allowed to become i~ila~dated~
[2] Types of Fences and Walls Permitted:
Fences and Walls constructed within the City shall conform to
one (1) or any combination of the following,
(a)
Wood fences constructed of ~otten~termite
resistant
specie wood or wood chemically pressure treated to resist
rot and termite attack;
(b) Steel posts and wire fabric fences with fabric of
minimum of 11 1/2 gage galvanized or other noncorrodible
metal;
(c) Ornamental iron~
(d) Concrete or masonry;
(e) Plastic.
[3] Residential Area Limitations and Restrictions,
(a) Fences may be constructed up to 6 feet in height along
the boundary of a lot on that portion lying behind the front
setback line and behind the front of the main structure.
Corner Lots~ Not withstanding the foregoing sentence,
with respect to locating fences between the height of 3-
6 feet on the secondary front yard of an improved corner
Page 3
lot, the fence need only be located behind the front
yard setback for such improved corner lot and need not
be located to the rear of the front building line for
the secondary front yard.
NOTE, Primary Front Yard, The yard of an improved
corner lot which is located between the side of the
structure facing the street where the primary entrance
is located and the street.
Secondary Front Yard: The yard of an improved
corner lot which is located between the side of the
structure facing the street where the primary entrance
is not located and the street.
(b) Fences located in the front of the main structure shall
not exceed ~-feet in height.
[4] Fences within Easements,
(a) Shall be unlawful for any person to fence any utility or
drainage easements unless the proposed fence is properly
permitted, limited to type "A", "B", or type "E" (Section 2)
and constructed in accordance with the following,
(1)
Any f~nce proposed to be installed within an
utility or drainage easement in accesses, abuts or
provides the City or utility company with a
maintenance area to lot line ditches, canals,
drainage tracts, drainage right-a-ways, sh~ll be so
constructed so they can be easily removed. Such
removal shall be the responsibility of the property
owner within 5 days after written notice from the
City or utility company and all costs incurred in
such removal and replacement shall be the
responsibility of the property owner.
(2)
Any fence proposed to be installed within a utility
drainage but not included in subsection (A)
above may be a permanent nature, with the
understanding that if the removal of such fence is
necessitated for the installation, repair or
replacement of any drainage or utility facility, it
would be the owner's responsibility and at the
owner's expense. Such removal shall be
accomplished within 5 days of written notice by the
City or utility company.
Page 4
(b) The property owner shall be responsible to maintain the
area within the easement of this property regardless of the
placement of the fence. The City may remove any fence within
an easement, as needed, in case of an emergency.
[5] Prohibited Fences,
It shall be unlawful to erect, construct, install or maintain
the following fence structures,
(a) A fence that is within 6 feet of a fire hydrant.
(b) A fence in dilapidated condition which appears is
neglected, unkept or the condition of which, in whole or
in part, is in substantial disrepair and as a consequence
is either unsound, hazardous, or ineffectual.
(c) Any fence erected containing any hazardous substance
such as broken glass,.barbed wire, spikes, nails, or
similar materials designed to inflict pain or injury to
any person or animal. Any fence constructed of such
material shall be deemed to be a public nuisance.
Barbed wire may be permitted by the Planning and Zoning
Commission for commercial property subject to the
following conditions:
(1)
Fences in a commercial district will be a
minimum of 6 feet in height and a maximum of 8
feet in height and may be topped with barbed
wire of not more than 3 strands provided that
the lower strand of barbed wire shall not be
lower than 6 feet 6 inches from the ground and
angled inward.
(d)
No fences shall be allowed in any street right-of-
way.
(e)
No electrical charged fence shall be erected in the
City.
BC/gk
ldc.doc
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Stottler Stagg
Contract Termination
Approved For Submittal By:
city Manager
Agenda No.
Dept. of Origin city Manager
Date Submitted: 08/28/90
For Agenda of: 09/05/90
Exhibits~
- Nash letter dated 8/27/90
to City Manager
- Nash letter dated 7/09/90
to Stottler Stagg
- Page #7 of Stottler Stagg
Contract dated 02/02/88
) - Invoice from Stottler Stagg
) Dated 05/24/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
~PPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On February 28, 1990 the City Council terminated the agreement with
Stottler Stagg & Associates of Cape Canaveral, who was hired to design
a new police station. That contract provided for termination expense~
of 10% of the total compensation for basic and additional services
earned to date if termination occurred during the design development
phase. These termination expenses amount to $2,000. The .City
Attorney has reviewed this matter and has prepared general releases
for signature by both Stottler Stagg & Associates and the City.
RECOMMENDED ACTION
Move to direct City Attorney to prepare Resolution authorizing the
Mayor. and City Clerk to sign a general release in favor of Stottler
Stagg & Associates.
I~RESE, tPALLACE, I~ASH & rI~ORPY, P.A.
,JAMES H. FALLACE
CHARI,ES 1AN MASH *
VINCENT {~. TORPY, JR.
ELISE A. SlNOER
RICHARD E. TORPY
OREOOR¥ 8, HANSEN
J. PATRICK ANDERSON
WILLIAM A. C~RIMM
OF (~OUNSEL
ATTORNEYS AT LAw
RECEIVED i Gb 22 B i¢90
930 S. HARBOR CITY BLVD.
SUI?]~ 505
MELBOURNE. I~LORIDA 32901
(407) 984-3300
FAX (407) 951-374!
August 27, 1990
Robert S. McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Re:
Termination of Contract with Stottler, Stagg
& Associates, Inc.
Our File No. 89-4753
Dear Robb:
I have enclosed with this letter a General Release for the City to
review in favor of Stottler, Stagg and a General Release which
Stottler, Stagg would sign in favor of the City in connection with
the termination of the contract between the city and Stottler,
Stagg. Please note that this would also involve a payment by the
City to Stottler, Stagg in the amount of Two Thousand Dollars
($2,000.00).
I would recommend that this be scheduled for the City Council
Workshop for discussion purposes, and then a resolution could be
drafted should the City Council be in favor of handling the
contract termination in this manner.
ClN/me
Enclosure as stated.
Very tru/L~urs,
~I~CE, NASH
/Charles Ian Nash
~'City Attorney
& TORPY, P.A.
GENERAL RELEASE
For and in consideration of the General Release executed
by STOTTLER, STAGG & ASSOCIATES, INC., other good an'd valuable
consideration, receipt and sufficiency of which are hereby
acknowledged, the undersigned does hereby release, acquit and
forever discharge STOTTLER, STAGG & ASSOCIATES, INC., and there
present, former and future agents, servants, employees,
predecessors, attorneys, and legal representatives from any and all
claims, actions, causes of actions, demands, debts, sums of money,
accounts, covenants, contracts, controversies, business dealings,
agreements, promises, damages, rights, liabilities, costs,
expenses, attorney's fees and injuries of every kind and
description whatsoever, which the undersigned and its successors,
assigns, agents, representatives, servants, employees, affiliates
now have or might have or which hereafter accrue, whether known or
unknown, based on any matter, cause or occurrence from the
beginning of the world through the date of this Release including,
but not limited to the facts, circumstances, agreements, business
dealings and representations that gave rise to the dispute between
CITY OF SEBASTIAN and STOTTLER, STAGG & ASSOCIATES concerning
amounts due pursuant to invoice No. RS1051, as well as any claims
or causes of action that might have been filed therein, and any and
all known or unknown, foreseen or unforeseen, developed or
undeveloped damages, injuries or consequences, including
intentional or fraudulent misconduct, which arose from or resulted
from, or might hereafter arise or result from or out of, the
conduct of CITY OF SEBASTIAN, or its agents, servants, employees,
predecessors, attorneys, and legal representatives. .
The undersigned hereby declares, represents and warrants that no
promises or inducement not herein expressed have been made; the
undersigned is not relying upon any statement or representation of
any persons, firms or corporations who are hereby released; that
the individual executing this Release on behalf of the undersigned
is of sufficient age and legally competent to execute this release
and that before signing this release the undersigned has fully
informed itself of its contents and meaning. The individual
executing this release on behalf of the undersigned is an
authorized representative of such corporation and has full power
and authority to bind the corporation.
It is understood that the parties hereby released specifically deny
liability of any sort and this release shall not be construed as
admission of liability, and that this release is made to terminate
further controversy concerning all claims that the undersigned have
asserted or may hereafter assert.
CITY OF SEBASTIAN
STATE OF FLORIDA
COUNTY OF BREVARD
BY:
W. E. Conyers, Mayor
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared to me
known to be the person described in and who executed the foregoing
instrument, and he acknowledged before me that he executed the same
for the purposes therein expressed without force, threat or
coercion from any person.
WITNESS my hand and official seal in the State and County last
aforesaid this day of , 1990.
Notary Public
My Commission Expires:
G^nv B.
CHARLE~ lAN NA~H
VINCENT G, TORPY,
EL~s~ A.
RICHARD E. TORPV
~. PATRICK A~DERSO~
WILLIAM A. {~RIMM
Or CouN~L
FRESE, FALLACE, NASH 84 TORPY, P.A.
ATTORNEYS AT LAW
930 $. I-I~RBOR CYTY BI~VD.
SUZT'n 505
MELBOURNE. Fi~ORIDA 32901
(407) 984-3300
F~ (407) 951-3741
T~TIOS
July 9, 1990
Mr. Roy F. Cowell, AICP
Senior Vice President
Stottler, Stagg & Associates
8660 Astronaut Blvd.
Cape Canaveral, FL 32920
Re:
city of Sebastian
Our File No. 89-4753
Your Account No. RSl051
Invoice No. 9899
Dear Roy:
In accordance with our telephone conversation, I have enclosed with
this letter a General Release for an authorized officer of your
company to sign, have notarized, and return to me. Upon receipt
of same, I shall direct The City to remit the sum of $2,000.00 to
your firm.
Thank you for your cooperation in this matter.
ClN/me
CC:
Very t~ly yours,
FRE~,/ FALLACE,_ NASH &
s Ian Nash
TORPY, P.A.
GENERAL RELEASE
For and in consideration of the sum of Two Thousand
Dollars ($2,000.00) and other good and valuable consideration,
receipt and sufficiency of which are hereby acknowledged, the
undersigned does hereby release, acquit and forever discharge CITY
OF SEBASTIAN, and its present, former and future agents, servants,
employees, predecessors, attorneys, and legal representatives from
any and all claims, actions, causes of actions, demands, debts,
sums of money, accounts, covenants, contracts, controversies,
business dealings, agreements, promises, damages, rights,
liabilities, costs, expenses, attorney's fees and injuries of every
kind and description whatsoever, which the undersigned and its
successors, assigns, agents, representatives, servants, employees,
affiliates now have or might have or which hereafter accrue,
whether known or unknown, based on any matter, cause or occurrence
from the beginning of the world through the date of this Release
including, but not limited.to the facts, circumstances, agreements,
business dealings and representations that gave rise to the dispute
between CITY OF SEBASTIAN and STOTTLER, STAGG & ASSOCIATES
concerning amounts due pursuant to invoice No. RS1051, as well as
any claims or causes of action that might have been filed therein,
and any and all known or unknown, foreseen or unforeseen, developed
or undeveloped damages, injuries or consequences, including
intentional or fraudulent misconduct, which arose from or resulted
from, or might hereafter arise- or result from or out of, the
conduct of CITY OF SEBASTIAN, or its agents, servants, employees,
predecessors, attorneys, and legal representatives.
The undersigned hereby declares, represents and war~ants that no
promises or inducement not herein expressed have been made; the
undersigned is not relying upon any statement or representation of
any persons, firms or corporations who are hereby released; that
the individual executing this Release on behalf of the undersigned
is of sufficient age and legally competent to execute this release
and that before signing this release the undersigned has fully
informed itself of its contents and meaning. The individual
executing this release on behalf of the undersigned is an
authorized representative of such corporation and has full power
and authority to bind the corporation.
It is understood that the parties hereby released specifically deny
liability of any sort and this release shall not be construed as
admission of liability, and that this release is made to terminate
further controversy concerning all claims that the undersigned have
asserted or may hereafter assert.
STOTTLER, STAGG & ASSOCIATES, INC.
BY:
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared to me
known to be the person described in and who executed the foregoing
instrument, and he acknowledged before me that he executed the same
for the purposes therein expressed without force, threat or
coercion from any person.
WITNESS my hand and official seal in the State and County last
aforesaid this day'of , 1990.
Notary Public
My Commission Expires:
2
Stottler Stagg & Associates
Architecls Engineers Planners Inc.
Florida Maryland Texas
8660 Astronaut Boulevard Cape Canaveral .Florida 32920
(407) 7R3-1320
Fax: 407 783-7066
May 24, 1990
Account ~RS1051
Invoice #9899
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978-0127
Attn: Robert McClary, City Manager
Invoice for Services
through Ma~ 24, 1990.
per Agreement dated February 10, 1988
Project #CC-88065
In accordance with Article 8, Termination, Suspension or Abandonment,
specifically 8.7, "Termination expenses are in addition to compensation for
Basic and Additional ServJ. ces, and include expenses which are directly
attributable to termination. Termination expenses shall be computed as a
percentage of the total compensation for Basic Service and Additional Services
earned to the time of termination as follows:
.1 Twenty percent of the total compensation for Basic and Additional Services
earned to date if termination occurs before or during the redesign, site
analysis or Schematic Design Phase.
Amount due $10,000 x .20 =
$2t000.00
TOTAL THIS INVOICE
$2,000.00
.pt by writlcll con, chi conlaining ;I spc¢ili¢ rcl'crcncc IO
,~ A~fL'CiiiCill ~igncd by Ibc Owll~r, ~ChJlccl. ~id ~y uihcr
i)crsun or cnmy sou~l ~o ~ joined. Conscnl ~o ~rbilr~dun
~nvoh, in~ ~ ~ddl[ion~ per, on or ~nmy ~h~l' no~ c~HSiilulc
or cnii~y no( n~lcd or described UIcr¢in, Th~ fu~c~uing a~cc-
uddition~ ~r~n or cmity duly ¢o~¢ntcd tO by thc pa. ics ~o
{h~ A~rccmenl sh~l be spccilJ~y ¢n~orc~bl~ in accot~cc
wilh upi)iicabl¢ I~w ~ ~y coati having j~dJclion tllcrcu~.
7.4 The award rendered by the ~biimlor or ~bltr~to~s sh~l be
udpli~Jblc law in ~ly cam{ h3vin8 jurisdiction Ihcrcof.
"ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 ThL~ ^l~cemcm may b~ tcrmblatcd by =ilhcr p=ly u~n
nol ic~ ihan ~wn ~ys' wdllCn nulic~ should Ih~ olh~f p~ly
[~1 sub~t~ti~ly to perform In ~ccof~ncc wilh ~c i~ ut [h~
A~cnl duou~ ~ ~ of mc F~y ~t~g dm tc~n.
8.2 I~ ~h~ Pmj~c~ ~ ~nde~ by ~hc Ownur A}r mu~c m~ ~
cu~cculivc ~ys, thc ~chitcct ~ ~ COml~tcd Ibr ~r-
vic~ pcrfo~ed pdor ~o notice of ~uch s~ion. ~hcn ~c
Projccl ~ r~umcd, Hm ~chilcct'~ com~lion s~ ~ cqui.
~bly adjured to provide ~o~ cx~ in~rrcd ~ thc ime~m~
liOn ~d ~c5umplion o~ Ibc ~chilccl's schick.
8.3 Th~ Agrcemcm m~y be te~tcd by Ihc Owner u~
not I~s that seven ~ys' written notice lO thc ~chilcct ~ ~hc
event Ihal thc Pruicc[ is ~mi~c~lly ~b~doncd. If ibc Project
~ ~b~doncd by th~ Owner Iht more t~ ~0 cun~culiw ~ys,
ih~ ~chilcct m~y I¢~il~l~ Ih~ ABatement by ~ivin~ written
ROljCc.
8.4 Faiju~c of Ihc Owncr lc) Ifctkc paymcnLs to thc Architect in
scent 'dance with thi~ Al~rccmcnl shaJj be considered
nonpcf/o[munce ;md ~.-,jusc (ur Icmlination.
8.5 If thc C)wncr f.,ils to make paymcnl when duc thc Archi-
loCI I'Of services and expenseS, Ibc AJ'ChilcCl may, upon ~vcn
d:~).s' written notice to thc Owner, susr~nd ix:[furm2ncc ol'scr-
vic~ under this A~rccmcnl. Unless paymcm m ~ull is received
by thc Architect within seven d~¥s nj'Ibc dutc of thc notice, Ibc
sttSl'Jcnsion ah.dj take effect with[)ul i'urthc£ iIOlJCc. In thc cvcm
o( 3 suspension ol' services, Ibc Architect shall have no Ilubilit¥
to thc Owncr for delay or dum.-,l~c c, Juscd thc Owner bec--,us~
nj' such s~uq:mnsion of :~rvice~.
8.6 In thc event or' tcrmlnalion nul thc fauh of thc ^rchltcct,
the ArchllCCl shall be cunIpcnsu[cd for services pcrformcd prior
In lcrmina[ion, [osclhcr with Rclmbu~uble Expenses then duc
:md '.dl Termination Exl~nsc:i ~ dclJned in I~,Jraltraph 8.7.
8.7 Termination Exl~nS~s u~c ill addilion lo coml'~nsatlun for
II;t.~ic 2nd Addilion.,zl Service.J, and include cxt'x:nscs which utc
directly attrihulablc to terminalion. Tcrminaiion EXl~nscs
hc or)ifil)tiled a.,~ a i"x.-[ccnlaRC ol' the i{jlal coml~n~utiun
IJ~,~ic Services uJld Addilion'.d Scl'vlces corned to Iht: Ii[nc of It:r-
IlliilulJuR. LIS,
.1 Twcnl¥ i~rccnl of Iht' IOl:tl coml~n..~uli(~n for
und Additio~aJ ScrvK'c~l trained Itt (I~IC il' Icrmilluti(m
()c¢'ur.~ bcl'orc ur durinR Iht pfedesiiln. sitc u~Jy,ds, {Jr
S~'hemutic Dcsi[4n Phu..,c~; or
.2 Ten percent of thc total compcn.,~tion for B~ic and
Addition:ti 5crvtcc,~ c",Jfncd Io dulc if (cn,inuliun
occu~ du~g thc Design Development Ph~c; ur
.3 Five ~rccnt of thc Iot~ compensation for B~ic ~nd
Addition~ Services ~mcd to ~[c if ~cfmin~tion
occurs dung ~y ~ubscqucm pbgc.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.~ Unless otherwise provided, this ^grccmcm shall bc guy-
cmcd by ;he I~w of Ibc princlp~ pl~cc ~ b~inc~
Architcct.
· 9.2 Terms in thi~ Asfccmcnl sh~l have ~hc s~c m~in
tho~ in AIA ~mcm ~01, Guner~ CunOiHons of thc Con-
i~c[ for Co~[~ction, cut[cnl ~ of thc ~lC u( ih~'Agrccmcnl.
9.3 ~cs of action ~[wccn ~he p~r~ics io th~ Agreement
pcr~m8 to ~u or f~urcs to ~cl ~h~l be dccmcd [o have
uccmcd ~d thc appli~abl~ s~tut~ of I~ita.ons sh~l com.
mcnce Io mn not i~cf th~ either thc ~tc of Subst~li~ Com.
pl¢lion for ~ or f~lurcs to act occu~ring prior ~o Sub~t~t~l
Completion, or the ~tc of ~cc of ~hc Ilnal CcrtilJca~c for
Puymcnl Eot ac~ of I~lur~ lu uti occurring altar Suh~t~mi~l
Complctlon.
9.4 Thc Owner ~d Architect waive all tigh~ a~nst ~ch
-other ~d uS~l Ih: COnlrdCtots, COll~uli=n~, u8cnl~ and
employees of the other for ~Scs, bui only lo ibc cXlCllt
¢rcd by pro~[ty insur~cc dunll~ con~l~ucliun, except such
ri~ ~ they may have Io thc pmcce~ of ~uch insu~cc
forth in Ibc edition of AIA Oocumcnl ~01, C;cncr~ Cundilions
of th~ ConlraCt for Cun~lmClJOn, current ~ of thc d31~ o[ thi~
A8rc~mcnt. The Owner ~d ~chilccl ~ch ~h=il rcquffc ~imilur
w~vcrs from their coni/acIofs, cunsullant~ and
9.5 Thc Ownc~ ~d Architect, r~pcclivcly, bind lhcmsclvcs~
Ihcir ~a~lnC~s, succc~ors, ~igns und Icg~ rCl}rC~nlulivcs
Ih~ ()lhcr pUrly IO Ihi~ AKtc~mclll ~d lO ibc ~urlnc~s, succc~.
~ots, ~i8ns ~d Icg~ rcprc~nlutivc~ of such ulhcr parly with
rcs~cl IO ~1 covc~3nls o~ Ibis A~rccmt'nl. ~cUhcr Owner
ArChitect sh~l ~iBn th~ A~iccmcm ~l~ou~ thc w~iltcll con.
~nl of ibc nihon.
~.~ Th~ A~ccmcnt ~cpr~ms Ihe cmirc ~d intcRratcd
nlCfll ~lwcen ibc OwRct ~d ~chitccl ~ld su~rscdu~ all
I)[iu~ nC~OliUliu~, EcpEc~cntUliUll~ u~ agrccmcnl~, cilhcr wril-
ich ut u~. Th~ ABrccmcm may ~ umcndud only hy wrincn
inslmmcnt si~ncd by ~h Owner and Aichil~cl.
~.7 NolhinR contained In Ih~ R8[ccmcnl ~hall C~-dlU u conlruc.
~u~ re,lion, hip wilh ut ~ cu~ u~ acliun in lUvur al' a (hi~d
p~ly U~llSl cithc[ Iht Owner u~ ~chilccL
g.B Unl~ olhe~ p~ovidcd in ~his ~gfccmcnt, Ihe A[chi~ccl
~d AIchtlcCl'~ co~ull~l$ ~hull h~vc nu [c~nsibilily {u~ ihc
d~covc~, p~cncc, handling. ~cmuv~ u~ disl~ of ur
~urc uEpcrsun~ ~o h~rdu~ mu~c~iub in uny form ut
site. ~c'lu~8 hul nol I~ilcd lb ~i()~, ~ios pr~lucL~,
~dych~alcd biphcnyl (PCB) or ~dlcr I.~c
9.9 Thc Archllcc~ ~h~ll h~vc Ibc riehl ~o include rcpr~m~-
liu~ ul' Ibc design of (he I)rojccl, including i)h(JlUW~l)h~
pr¢~iC~io.M mulc~iuis, The Ar['hilct'l's inalcri;d~ ~h~ll
include thc Owner's conlklemi~ or proprietary 161~rmution if
thc ~wncr h~ prcvio~ly advi.~cd Iht ~chi~ccl in Wrilin~
7 B141-1987
AI~ OOCUMENT BI41 · U~'NEN.AI(CIIII'I~CT AGNe.'EMEN'r, kOUNi'EENTII El)Il'iON ~, AIRe · ~-JIUH7
TIlE AMENICAN IN~I'ITUTE OF AkCIIII'E(.'T.~, 17.t,~ NI':~V YONK AVENUE, N.~., ~/A.'iH NC:TON, I) C -'u(I~X,